HomeMy WebLinkAboutOrdinance #578 . . ' � �. � k�, ' ` ' ,
� � ' • ` � Read to Council 2/15/77: b -a � � onl
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Or2DINAP'CE iv'0. .� '�r� • '
(AN 0;:1DIIdANCE i'ROVIDIT��G t�OR `1'fi,_, 1,��1.5'c; Oi' :I�:c;ALTY BY "'Hk; i;I`I'Y OF CATv"I'Ol�r, Ii.,;:,IPfOIS,
TO C�i7`rOP1 ST�'1'E 3ATdK, :�Pd I,_,�:,I;'l 1�S i �T'xti;I�dG CC ;:�Ci:,r1iI0IV, OI' S.AI1) CITY. )
�nl�IEP.I,AS, the City of Canton, Illinois has heretofore adopted a comprehensive
plan providing for l�nd use� in certain areas including the "'downtown" or
central business district of said City; and,
ti�IHEREAS, Canton State B�nk, �n Illinois �ankin� Corporation, of this City,
in reli,�nce on this plan, is in process of constructing its bankino facility; .and,
WHEREAS, pro�;ression �thereof is now positioned to a point where the City
itself must now take enablin� action if said plan is to be furthered; and,
��JH�i?EAS, such action is envisioned within said plan,
NO'��l, 1'fii:.hEFCi1E, B:s IT OPDAIN�D E;Y 'I'1-'�:; C;I�:'Y COt7P4CIL OF lfi� CITY OF CANTON,
ILLIT�OIS AS FOLi,ObJS:
1. That this City shall lease to Canton State t3ank, an I1linois Banking
Corporation, of this City, the lessee, for the term and on the conditions
hereinafter set forth, that realty, �ahich is generally described as bein�
located at or near the southwest corner of the downtown public square of the
City, consisting generally of a tract of land lying on the east side of the
center of Main Street, of about 15 feet of even width anci with a north-south
dimension of about 115 feet, and which is legally described as follows, to-wit:
Commencing at the Southeast corner of Lot 19 in JONES' FI�ST
ADD'ITICN to Canton, Fulton County, I1linois; thence bearin�
North, a distance of 23.25 feet along the East line of s�id
Lot 19 to a �oint; thence bearine F,ast, a distance of 44.55
feet to a point on the center line of r4ain Street which point
is the place of beginnin� of the tr�ct to be described; froar
the place of be�inning thence bearin� South a distance of
114.87 feet along the center line of said r'ain Street to a
point; ther_ce bearin� East along the extended SoutYierly line
of Lot 22 in JO���S' FIRST �'�I;�ITION to Canton, Fulton County,
I1linois a distance of 14.55 feet; thence bearing North and
parallel to the center line of said T'ain Street a distance of
114.8`7 feet to a point ; thence bearing ':vest a distance of 14.55
feet to the place of beginnin�;, situ.ated in the City of Canton,
County of Fulton and �t_ite o:E Illinois.
a. Term. The initial lease term shall ,�e for 60 years. Three years
��rior to the end of this initial terr:, lessee, at its option exercised in
writing, may extend the initial term for term:�, the last of which shall not
exceed 30 years from the end of the initial term.
b. Conditions.
1. Considerations. The considerations for the lease shall include
the following: Lessee shall pay to City the sum of �1.00 for each year of the
initial term. Lessee shall �ay to City the fair, reasonable rental value of
the realty for any exi;ension of the initial term. In addition, lessee , at
its sole expense , shall provide the cost of the construction and, thereafter,
the continual structural maintenance , of a 3U foot wide (rnore or less) concrete
paved area, not less than v inches deep, of even width, contiguous to, and
x�arallelin=,� the entire easterlv side or front of the leased rPaltv_ with
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. • 2. � Use. Lessee shall use the leased realty only for funcitional
utilization in connection with the main entrance or frontal ap��r�ach� to the
Canton State t3ank }3uilding or facility and s�iall make esthetic development and
beautification thereof consonant c,rith the com��rehensive plan of the City
appertainin�; to the downtown business area. This use shall not interfere with
the right of the City to utilize the subsurface of the leased realty for City
utilities, present or future. P10 above-r;round ut;ilit}r poles and iaires shall
be utilized for any puri;ose .
3. I.eservations. City shal]_ reserve the ri;ht to rriaintain the
present water line in place under the surface of the le;�sed re �lty and to
install t'r�ereunder such addit;_onal utilities a,=� r,;a�.r frorn tirce to time be
determined b;r the City an.�:, to tr.i.� end, sl-:a11 h;;ve the ri;-;ht to tr.al�e entry
on the le�sed re.�lty for the pur�:�ose of makin„ needed re;:�airs thereto and
installation thereof. The usa�„e oi t'r�e 30 foo'; concrete �aved are�, ak�ove
mentioned, sha11 be deterr:�inecl, frori ti,:,e to time , at the sole discretion of
the City (but with uniformity and wit'rl re_ference to said com}�rehensive plr:zn
as the srirne zi�ay from time to tir:ie eY_ist) . :'�ny ����rt of the le;t;;ed realty or
the 30 foot concrete paved ��r.ea Urhich r.:::zf frorr. ti�_.e to ti:>;e be di�turbed by
the City s�ia��11 ��e restored at City ex���ense .
4. Taxes, char,.;es, ericum'r�rances. Lessee shall, at i�s ext�erise , j;ay
a:11_ taxes and char�es of l��hatsoever� nature , �,�11ic_� ;;lay ��e a�sessec� or le�;:;�lly
levied a�a_inst the leased realty and s�ia11 l�ermit no er:curnbrar.ce.; of' whatsoever
1>ind or nature to arise or becorae fixed a,;ain,�t said realty.
5. Landlord' s duties anci liabilities. �s Landlord, CitJ wi11 not '
assurne any liability for adec�uacy of title or ��eaceful possession and lessee
shall expressly exonerate Cit�r of any liability therefor. However, City
sh311 join and partici�ate in the defense of any action by a third party in
challenE;e of the lease herein i�rovided and in defense of any attack on its
comprehensive plan as the sarCle a���ertains thereto.
6. Gener��l lia.bility. Lessee shall asc�ume ,renei al liability for the
use of the leased realty, shall indernnify City in the use thereof, and shall,
at its sole ex�oense, carry t;eneral liability insurance, in amount reasonable
and customary, with copy of al�plicable policy ��rith ��roof of currency thereof
delivered to City, and in protection of both lessee ar�d City.
7. Implernentation. The lease herein cor.tem��lated shall be implemented
by se�arate instrument in writing embodyin�; the terr�s hereof.
8. Termination. The lease herein contemplr:�ted and any extension
thereof shall terminate by its own terrr:s at tYie end of a time certain. Upon
termination, City shall be sole owner of the leased realty together with any
im�rovements thereon free and clear of encumtrances. The instrument of lease
shall contain a covenant to this effect.
2. Th:�t the lease herein contemplated shall incorporate all of the
material �rovisions of this Ordinance thereto relating.
3. That this Ordinance shail be proposed and considered for final
adoption or disposition by the City Council of the City of Can.ton, Tllinois
at the regular formal meeting thereof to be held on date of February 15, 1977
in the Council Chambers of the �anton City Buildin� located at the address
of 210 East Chestnut Street, Canton, Illinois.
4. That the City Clerk of this City shall �;ive notice of the intent to
adopt this Ordinance . That said notice sha11 be published at least once in a
daily or weekly newspaper publisYied in this City with first publication to be
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'PUBLIC PICTICE IS �iLREBY GIVEI� TC ALL IP��'��,:,�a�l'�:) �'�RSCTv'S riS _�'GL1:,0',�15:�
a. The corporate authorities of the City of Ca.nton, I1linois have
proposed and intend to adopt an Ordinance providin�; for the
lease of certain realty, owned or controlled by this City, to
Canton State Bank, an Illinois banking corporation, of this City.
b. The realty to be leased is described as follows:
Commencin� at the Southeast corner of Lot 19 in JGNE;,' rIRST
ADDI��ICI�T to Canton, Fulton County, Illinois; thence bearing
Ivorth, a distance of 2j.?_5 feet along the Last line of said
Lot 19 to a point; thence be�rin� ��ast, a distance of 44.55
feet to a point on the center line of P-lain Street which point
is the place of beginning of the tract to be described; from
the place of be�inning thence bearing South a distance of
114.87 feet along the center line of said I�,ain Street to a
point; thence bearing East alon�; the extended Southerly line
of Lot 22 in JOATES' FIRST ,��DITIGi,T to Canton, rulton County,
Illinois a distance of 14.55 feet ; thence bearing North and
parallel to the center line of s~�id P�ain Street a distance of
114.8'7 feet to a point ; thence bearing '�dest a distance of 14.55
feet to the place of beginning, situated in the City of Canton,
County of Fulton and State of I1linois.
c. The surface of this realty was forrnerly used for street or right-of-uray
purposes; the surface of this realty is not now used by this City for
any of its corporate purposes. 'rhe sub-surface of this realty has
been, is now and may in the future be used for a water line or main
of this City.
d. `i'he proposed lease of this realty wi11 restrict its use to functional
utilization in connection with the main entrance or frontal approach
to the Canton State Bank Building or facility and wi11 require esthetic
developrnent and beautification conson,-�nt L�J1'tYi the cornprehensive plan
of the City a�;pertaining to the do��antown business area. F2estrictive
langua;e of the lease will insure the ri��ht of the City to utilize
the subsurface of the leased realty for City utilities, present or
future , ar_d above-r;round utility y�oles and ��ires will be l;rohibited.
e . The corl�orate al.tt!:oritieU intend to ta}�.e iinal action on this
Ordinance at tne re ;ular meetinU of the Canton City Council to be
held on date of 1�'e�aru�.�ry 15, 1)'77, cor�,rnencin�; at the hour of 6:30
P.i�;. , in the Council Chambers of the Canton City I3uilding located
at the address of ?10 "r;ast Chestnut .�tree t in of 210 :�;r�st Chestnut
atreet in the City of �.;antcn, Illinois.
aIGiIED: �ity of Cariton, I1_linois, by:
s/i�,elli.e Crawford, City Clerk.
6. Tliat this Crdin�nce k�e �_n fu11 force :�.ncl efFect upon its _!1do;�tion
Uy the �ity Cour.cil o£ the City of Canton, I1linoi_s ��nd ;,_;y�roval by the Mayor
thereof.
l�'�'�SS�D by the City Council of the City of G,�riton, Illinois and �1�PROVI?,D
by the mayor thereof this /� day of ���� � 1.�)7'],