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(65 ILCS 5/11-71-10) (from Ch. 24, par. 11-71-10)
Sec. 11-71-10. In addition to the other powers granted in this Division,
the corporate authorities may lease the space over any municipally owned
parking lot to any person, firm or corporation if the corporate authorities
first determine by resolution that such lease is in the best public
interest and stating the reasons therefor. Such lease shall be granted by
an ordinance and shall not exceed 99 years in length.
The lease shall specify the purpose for which the leased space may be
used. If the purpose is to erect in the space a building or other structure
attached to the lot, the lease shall contain a reasonably accurate
description of the building to be erected and of the manner in which it
shall be imposed upon or around the lot. In such case, the lease shall
provide for use by the lessee of such areas of the surface of such lot as
may be essential for the support of the building or other structure to be
erected as well as for the connection of essential public or private
utilities to such building or structure.
Any building erected in the space leased shall be operated, as far as is
practicable, separately from the parking lot owned by the municipality.
Such lease shall be signed in the name of the municipality by the mayor
or president and shall be attested by the municipal clerk under the
corporate seal. The lease shall also be executed by the lessee in such
manner as may be necessary to bind him. After being so executed, the lease
shall be duly acknowledged and thereupon shall be recorded in the office of
the recorder of the county in which is located the land involved
in the lease.
If, in the judgment of the corporate authorities, the public interest
requires that any building erected in the leased space be removed so that a
street, alley, or public place may be restored to its original condition,
the lessor municipality may condemn the lessee's interest in the leased
space by proceeding in the manner provided
for the exercise of the right
of eminent domain under the Eminent Domain Act. After
payment of such damages as may be fixed in the
condemnation proceedings, the municipality may remove all buildings or
other structures from the leased space and restore the buildings adjoining
the leased space to their original condition.
Any building or other structure erected above a municipally owned
parking lot shall be subject to all property taxes levied on private
property within the same taxing authorities unless such building or
structure is wholly owned by the municipality and wholly used for
governmental purposes.
No provision of this section shall be construed to abrogate or vary the
terms of any mortgage in effect upon the effective date of this amendatory
act of 1961 relative to the use of any such parking lot.
(Source: P.A. 94-1055, eff. 1-1-07.)
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