Loading...
HomeMy WebLinkAbout90-0822 Roth Surgical Supply • q0-0$a� RESOLUTION AUTHORIZING EXECUTION OF A LEASEAGREEMENT WITH ROTH SURGICAL SUPLY (269 South Grove Avent.e) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute a written lease agreement with Roth Surgical Supply for the premises commonly known a$ 269 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk LEASE MONTH-TO-MONTH This indenture, made as of the 9/hay of 64ri 990, by and between the City of Elgin, an Illinois municipal corporation, hereinafter called "lessor," and Roth Surgical Supply, Inc. hereinafter called "lessee," witnesseth: That lessor, for and in consideration of thel rent hereinafter specified to be paid by lessee, and the covenants and agreements hereinafter contained, by the lessee to be kept and performed, has demised, leased, and let unto said lessee those certain premises in the City of Elgin, County of Kane, State of Illinois, commonly known as 269 South Grove Avenue, Elgin, Illinois. To have and to hold unto said lessee on the Hollowing terms and conditions: I. Term: The term of this lease shall commence upon entry of the order vesting title in the City of Elgin in the case of City of Elgin v. Roth Surgical Supply, Inc., et al. (ED KA 88-15) now pending in the circuit court of Kane County, Sixteenth Judicial Circuit. This fixed term shall expire and terminate ons May I, 1991, but may continue on a month-to-month bases thereafter until terminated by either party. Lessee may terminate the lease at any time. 2. Rental: This lease agreement represents part of a settlement between the parties in the litigation described in Paragraph I above. As such, no rentals shall be due or owing from lessee during the term of this lease. 3. Use: The premises shall be used by the following businesses or persons and by no other without the prior written consent of lesor: Roth Surgical Supply, Inc. 4. Repairs and Maintenance: Lessee represents that lessee has inspected and examined the demised premises and accepts them in their present condition, and agrees that lessor shall not be required to make any iriprovements or repairs whatsoever in or upon the premises hereby demised or any part thereof; lessee agrees to make any and all improvements and repairs at lessee's sole cost and expense, and agrees to keep 1 said premises safe and in good order and condition at all times during the term hereof, and upon expiration of this lease, or at any sooner termination thereof, the lessee will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted; lessee further agrees to leave said premises free from all nuisance and dangerous and defective conditions. 5. No Assignment or Sublease: Lessee may not assign, transfer or sublease this agreement or the premises without the prior writtn consent of lessor. Any assign- ment or sublease without such prior written consent Of lessor shall be void and of no effect. 6. Indemnity Insurance: Lessee shall inderjnnify and hold harmless lessor, its officers and employees from any loss, claim, suit or liaiility whatsoever arising out of or in connection with this lease or use of demised premises by lessee or his agents, employees, customers, or any other person using said premises. Lessee shall provide lessor with a certificate of insurance, naming lessor) as co-insured, covering general liability claims for personal injury and property damage at the premises with limits of not less than $300,000 per occurrence and $300,000 in the aggregate. Such certificates shall provide that it may not be terminated without 30 days written notice to the City. 7. Utilities: Lessee shall pay for all utilities including, but not limited to, heat, electric, gas, phone, water and sewer. 8. Default: In the event that lessee shall be in default of any payment of any rent or in the performance of any of the terms or conditions herein agreed to be kept and performed by lessee, then in that event, lessor may terminate and end this lease, forthwith, and lessor may enter upon said premises and remove all persons and property therefrom, and lessee shall not be entitled to any phoney paid hereunder or any part thereof; in the event lessor shall bring a legal action tlo enforce any of the terms hereof, or to obtain possession of said premises by reason of any default of lessee, or otherwise, 2 lessee agrees to pay lessor all costs of such legal action, including attorney fees. The foregoing rights and remedies shall be cumulative and shell not exclude any other right or remedy granted by law. 9. Notices: Any notices which are required hereunder, or which either lessor or lessee may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to lessee at 269 South Grove Avenue, Elgin, Illinois or addressed to lessor at ISO Dexter Court, Elgin, Illinois 60120- 5555, attention Michael A. Sarro. 10. Waiver: Waiver by lessor of any default in performance by lessee of any of the terms, covenants, or conditions contained herein, shall not be deemed a continuing waiver of the same or any subsequent default herein. II. Compliance with laws: Lessee agrees to comply with all laws, ordi- nances, rules and regulations which may pertain or applto the demised premises and the use thereof. 12. Lessor May Enter: Lessee agrees that lessor, its agents or employees, may enter upon said premises at any time during the team or any extension hereof for the purpose of inspection, digging test holes, making surveys, taking measurements, and doing similar work necessary for the preparation of plans for construction of buildings or improvements on said premises, with the understanding that said work will be performed in such a manner as to cause a minimum of interferenOe with the use of the property by lessee. 13. During the term of the lease, defendant reserves the right to remove any and all fixtures and non-fixtures from the site; includirhg but not limited to heating units, lights, air conditioning units, doors and garage door openers, floor safes and shelving. Moreover, plaintiff agrees to allow defendant or hiS assignee to remove the garage and/or metal building from the site in question at defendant's own expense. Said removal 3 will be done in an orderly manner to correspond with plaintiff's demolition of any existing structure left on the site. LESSEE LESSOR Roth Surgical Supply, Inc. Cof Elgi /27cfrulink ,tit, rill' )ItYØ7 rr is , ity M inager Attest: 4