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HomeMy WebLinkAbout92-1202 Izaak Walton Home Corp. • C6A-11aCak RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE IZAAK WALTON HOME CORPORATION (899 Jay Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby respectively authorized and directed to execute a written lease agreement with the Izaak Walton Home Corporation for the premises commonly known as 899 Jay Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. SI George VanDeVoorde George VanDeVoorde, Mayor Presented: December 2, 1992 Adopted: December 2, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: SI Dolonna Mecum Dolonna Mecum, City Clerk • Fc.rr, 41'=LEASE•Short Form With Power Perfection Legal Forms& Printing Co., Rockford, III. • Tills Indenture, Made this 1 First day of September t9_.92 BETWEEN Izaak Walton Home Corporation as lessor, and City of Elgin Parks and Recreation. (Wee Folk Program) , as lessee. WITNESSETH,u follows: That the said lessor hath this day leased to the said lessee the premises known as 899 Jay Street ,Elgin Il, Izaak Walton Home. Use of the lower level only, A':M:Only,Monday thru Friday. • • • • • situated in the City of Elgin in the County of Conk and State of Ti1 i anis , to be occupied as s Wee Folk Program only by said lessee, for and during the term of Lease year2 ./93 from the 31 day ofA,,,g:t c t A. D. 1942_,to the 1 c day of_.June A. D. 1993., upon the terms and conditions hereinafter set forth, and said lessee hereby accepts said lease upon said conditions and covenants to perform the same as follows: • 1. The said lessee shall pay to the said lessor as rent for said demised premises, for said term, the sum of : 1 ,0 , . t . . . • . . . . - . . 0 LLARS payable u follows: The sum of $300.00 Three hundred i)OLLARS upon the delivery hereof, for the rent to the. 31 day of AuguRt 1992 and the further sum of $300.00 Three Hundred inOLLARS upon the first day of each and every month thereafter As per Invoices during the continuance of the term hereby created, payable monthly at the office of Izaak Walton Home Corporation. t. Said lessee agrees to surrender the keys and possession of said premises to said lessor in as good condition as they are now, upon the termination of the term above created or the forfeiture of this lease, as hereinafter provided; and further agrees, during the occupancy of said demised premises to matptal�4 and keep the same in as good condition and repair as the same shall be upon taking possession thereof, natural wear excepted.lamage by fire or other calamity, rendering said premises completely untenantable, shall terminate this lease. There shall be no abatement of said stipulated rent, or any part thereof, so long as said lessee shall retain possession of said demised premises, or any part thereof. 3. Sal ioCagree.to pay the water tax upon said premise. as well as all other utilities as the same become due and payableand will take necessary precautions against freezing of the water ipesand that no hair, string or rags, or rubbish of any description, or fruit parings nr banana'skins be allowed to enter the drainage or waste pipes of said premises, and will pay all damage or expense occasioned by such neglect; will clean the catch basin end furnace as occasion may require; and allow no deposit of ashes or ruhbish, In or upon Bald premIses, or upon COY kitchen le adjacent theretol no cooking stove or any other cooking apparatus shall he pieced In any other room except the and laundry. geld lessor shall have reasonable opportunity to Inspect said premises, and do any repairing or other work thereon which he shall deem necessary for the preservation of the property. 4. Said lessee shall allow the lessor free acetate to the premises hereby leased for the purpose of examining or exhibiting the same or making needful repairs or alterations on said premises, which said lessor may see fit to make; also to allow to have placed upon said premises et all times, notices of •'For Sale," and "To Rent" and not to interfere with the same. B. Said lessee shall not assign this lease, or any portion thereof, nor sub-let said premises or any part thereof, without the written consent of the lessor, endorsed hereon. in cash se said demised premises all be vacated during said term, said lessor may take immediate possession thereof for the remainder of the term, and in his discretion reiet the same, and apply the pro. Coeds upon this lease, the lessee to remain liable for the unpaid balance of the rent. S. The neglect or failure of said lessee to keep the conditions or covenants or any or either of them shall constitute a forfeiture of all rights under this lease and the further occupancy of said demised premises after such forfeiture by said lessee shall be deemed, held and taken as a forcible detainer thereof by said lessee, and said lessor may without notice re-enter and take possession thereof, and with or without force, and with or without legal process evict and dispossess said lessee from said above demised premises. 7. Said lessee hereby irrevocably constitutes and appoints any attorney of any Court of Record to appear for lessee In said Court at any time after default in any of the covenants of this lease, and confess a judgment without process. In favor of the lessor or his assigns for such amount as may appear to be due hereon, with costs and reasonable attorney's fees, as often as default shall be made hereon, and to waive and release all errors and'all right of appeal from any such judgment or judgments, and to consent to Immediate execution upon such judgment or judgments, hereby ratifying and confirming all that lessee's attor- ney may do by virtue hereof. S. The foregoing covenants shall be binding u poo the heirs, executors, administrators and assigns of the parties hereto. S. Said lessee hereby expressly waives all right or rights to any notice or demand under any statute of this state relative to forcible entry or detainer, or landlord and tenant, and agrees that the lessor, his agents or assigns may begin suit for posses- Won, or rent without notice or demand. 10. Leesee Agrees to Remove all. Snow in parking lot and sidewalk at there expense. 11. The Lesor will Maintane all mechanical equipment at there expense. 12. The lessee will protect the owner as per attached Artical V11. • IN WITNESS{ EREOF, The said parties have hereunto est their hands-and •. 1s IS{ •ay ani t above written. Ge4,11 (Seal) j Izaak Walton Home Corp. Presdent Ci • Elgin OW) (Seal) (Seal) ARTICLE VII • ` INSURCE AND INDEMNITY SECTION 7.01. Liability Insurance. Tenant shall, during the entire term hereof, be solely responsible for damage to its contents and improvements and property and any liability claims asserted against it in accordance with its self-insurance program. Tenant shall provide Owner with a INWInsurance Certificate. SECTION 7.02. Indemnification of Owner. Tenant will indemnify Owner and' save it harmless from and against any• and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurence in, upon or at the leased premises, or the occupancy or use by Tenant of the leased premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, or students. In case Owner shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Owner harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Owner in connection with such litigation. Elm n Agenda Item No. November 4, 1992 TO: Mayor and Members of City Council FROM: Larry L. Rice, City Manager SUBJECT: Lease Agreement with Izaak Walton League PURPOSE To request City Council approval of a lease agreement with the Izaak Walton League for Parks and Recreation Department classroom space. BACKGROUND Following the closing of the Pavilion in Lords Park, the Parks and Recreation Department sought classroom space for the Wee Folks program. The Bethlehem Lutheran Church had leased us a small room but more recently the lower level of the Izaak Walton League facility at 899 Jay Street became available. This site offers not only more space, but a setting for nature studies . We have been using this space since August for one of our preschool programs. Izaak Walton would like to have a lease agreement for rental. FINANCIAL IMPACT The $2,850 lease payment will be covered by program fees . RECOMMENDATION It is recommended the City Council approve the lease agreement with the Izaak Walton League for Parks and Recreation Department c assroom space. 40, .A/IA J!!!!!77 Larry . Rice City Manager r