HomeMy WebLinkAbout93-201 Resolution No. 93-201
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH
THE CITY OF CRYSTAL LAKE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, be and is hereby
authorized and directed to execute a written lease agreement
with the City of Crystal Lake for a Model LS 117 A Wildcat
Compost Turner, a copy of which is attached hereto and made a
part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: July 28, 1993
Adopted: July 28, 1993
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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LEASE AGREEMENT
Agreement of lease, dated as of /1-u�us�` II , 1993,
between, the CITY OF CRYSTAL LAKE, an Ill nois municipal
corporation, 100 W. Municipal Complex, Crystal Lake, Illinois
60014, (hereinafter referred to as "Lessor" ) , and the CITY OF
ELGIN, an Illinois municipal corporation, (hereinafter referred to
as "Lessee" ) .
1. Lease of Equipment. Lessor hereby leases to Lessee, and
Lessee hereby hires and takes from Lessor the following described
personal property (together with all replacement parts, additions,
repairs and accessories) : Model LS 117 A Wildcat Compost Turner.
2 . Term. This lease is for a term, beginning
41,4414' 4/ , 1993 and ending December 31, 1993 and annually
thereafteY, provided that in the event the Lessee does not want to
renew for an additional term, the Lessee shall notify the Lessor of
its intent in writing prior to the expiration of the current term.
The Lessee shall have the right to use the equipment for up to
three (3) days per month. For any use in excess of three (3) days,
the Lessee shall pay $100 . 00 per day of use. The Lessor and Lessee
shall mutually agree upon a schedule of use. Extra days use shall
be upon a two-day minimum advance notice from the Lessee to the
Lessor.
3 . Rentals. For said term, or any portion thereof, Lessee
shall pay to Lessor rentals aggregating $4,000 per year payable at
$333 .33 per month. All rent shall be paid at Lessor's address
shown above, or such other place as the Lessor may designate by
written notice to the Lessee. All rents shall be paid upon receipt
of invoice from Lessor. The operation and use of the leased
equipment shall be at the risk of Lessee during the time of
Lessee's use, and not of the Lessor except for defects known to the
Lessor but not disclosed to Lessee and damages resulting from
Crystal Lake's failure to properly maintain the equipment.
4. Destruction of Leased Equipment. If the lease equipment
is totally destroyed through the negligence of Lessee, the Lessee
shall replace the equipment at a depreciated cost basis. If the
lease equipment is destroyed by the Lessor, the Lessee shall not be
obligated to pay any rent during the time the lease equipment is
unavailable for Lessee's use. Lessor shall not be obligated to
undertake, by litigation or otherwise, the collection of any claim
against any person for loss or damage of the leased equipment.
5 . No Warranties by Lessor. LESSOR, NOT BEING THE
MANUFACTURER OF THE LEASED EQUIPMENT, NOR MANUFACTURER'S AGENT,
MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS
TO THE FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OR
CAPACITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN THE LEASED
EQUIPMENT, NOR ANY WARRANTY THAT THE LEASED EQUIPMENT WILL SATISFY
THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT WHICH
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PROVIDES FOR SPECIFIC MACHINERY OR OPERATORS, OR SPECIAL METHODS,
IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE LESSOR AND THE
LESSEE ARE TO BE BORNE BY THE LESSEE AT ITS SOLE RISK AND EXPENSE.
No oral agreement, guaranty, promise, condition,
representation or warranty shall be binding; all prior
conversations, agreements or representations related hereto and/or
to the leased equipment are integrated herein, and no modification
hereof shall be binding unless in writing signed by Lessor.
6 . Compliance with Laws, Insurance. Lessee agrees, at its
own cost and expense during Lessee's use; (A) to pay all charges
and expenses in connection with the operation of each item of lease
equipment; (B) to comply with all governmental laws, ordinances,
regulations, requirements and rules with respect to the use,
maintenance and operation of the lease equipment; (C) to maintain
at all times public liability, property damage, fire, theft and
comprehensive insurance in an amount satisfactory to Lessor or
furnish similar assurances if Lessee is self insured, protecting
Lessor's interest as it may appear, including during transport to
and from Lessor, a copy of which is approved and accepted by
Lessor; and, (D) to make all repairs and replacements required to
be made to maintain the leased equipment in good condition,
reasonable wear and tear excepted. Lessee shall make repairs to
flails, tires, belts and other items of a minor nature which may be
in the care, use and custody of Lessee. Lessee shall clean the
equipment after use and top with fuel; (E) Lessor shall perform
routine maintenance and make any modifications to the equipment as
needed and will furnish a trailer for transport of the equipment.
Lessee shall be responsible to provide a properly equipped truck to
pick up the equipment from and return it to the Lessor. The
trailer shall be considered a part of this Lease for all purposes
during its use by the Lessee.
7. Maintenance Fees. Lessor shall have the right to adjust
the maintenance fees, which include flails, belts and engine
service which are considered a part of continued maintenance, not
more than 120% annually, which increase is estimated at $57.00 the
first year, based upon the original estimate of $285 . 00 per year,
should operational experience indicate such increase is warranted
and provided that the Lessor agrees to furnish such notice of
increase not less than 45 days prior to the annual expiration date
of this Lease.
8. Title of the Lessor. Title to the leased equipment shall
at all times remain in the Lessor and Lessee will at all times
protect and defend, at its own cost and expense, the title of the
Lessor from and against all claims, liens and legal processes of
creditors of the Lessee and keep all leased equipment free and
clear from all such claims, liens and processes. The leased
equipment is and shall remain personal property. Upon the
expiration or termination of this lease, the Lessee at Lessee's
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sole expense shall return the leased equipment unencumbered to
Lessor at such place as Lessor and Lessee agree upon, and in the
same condition as when received by Lessee, reasonable wear and tear
resulting from use thereof alone excepted.
9. Possession, Place of Use, Changes in Location. So long
as Lessee shall not be in default under this lease it shall be
entitled to the possession and use of the leased equipment in
accordance with the terms of this lease. The leased equipment
shall be used in the conduct of the lawful business of the Lessee.
It shall be operated only by Lessee's personnel and shall not be
used for any other commercial operation. The Lessee shall not,
without the Lessor's prior written consent, part with possession or
control of the leased equipment or attempt to sell, pledge,
mortgage or otherwise encumber any of the leased equipment or
attempt to purport to sell, pledge, assign, transfer or otherwise
dispose of or encumber any interest under this lease.
10 . Performance of Obligations of Lessee by Lessor. In the
event that the Lessee shall fail duly and promptly to perform any
of its obligations under the provisions of Article 6 of this lease
to be performed by the Lessee, the Lessor may, at its option,
immediately or at any time thereafter perform the same for the
account of Lessee without thereby waiving such default, and any
amount paid or expense or liability incurred by Lessor in such
performance shall be payable by the Lessee upon demand as
additional rent for the leased equipment.
11. Right of Inspection. Lessor shall have the right from
time to time during reasonable business hours to enter upon the
Lessee's premises or elsewhere for the purpose of confirming the
existence, condition and the proper maintenance of the leased
equipment. The foregoing rights of entry are subject to any
applicable governmental laws, regulations and rules concerning
industrial security.
12 . Default. There shall be deemed to be a breach of this
lease (a) if Lessee shall default in the payment of any rent
hereunder and such default shall continue for a period of 30 days
after written notice, (b) if Lessee shall default in the
performance of any of the other covenants herein and such default
shall continue uncured for 15 days after written notice thereof to
Lessee by Lessor, or (c) if Lessee ceases doing business as a going
concern, or if a petition is filed by or against Lessee under the
Bankruptcy Act or any amendment thereto (including a petition for
reorganization, arrangement or an extension) , or if Lessee attempts
to remove or sell or transfer or encumber or sublet or part with
possession of the leased equipment or any part thereof. In the
event of a breach of this Lease, as herein defined, (a) the leased
equipment shall upon Lessor's demand forthwith be delivered to
Lessor at Lessee's expense at such place as Lessor shall designate
and Lessor. The provisions of this paragraph shall be without
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prejudice to Lessor's right to recover or prove in full damages for
unpaid rent that accrued prior to the breach of the lease. In the
event of a breach of this lease, Lessor, at its option, may enforce
by appropriate legal proceedings specific performance of the
applicable covenants of this lease as well as any other remedy
herein provided.
13 . Indemnity. Lessee shall, during Lessee's possession of
the equipment, indemnify and save Lessor harmless from any and all
liability, loss, damage, expense, causes of action, suits, claims
or judgments arising from injury to person or property resulting
from or based upon the actual or alleged use, operation, delivery
or transportation of any or all of the leased equipment or its
location or condition; and shall, at its own cost and expense,
defend any and all suits which may be brought against Lessor,
either alone or in conjunction with others upon any such liability
or claim or claims and shall satisfy, pay and discharge any and all
judgments and fines that may be recovered against Lessor in any
such action or actions, provided, however, that Lessor shall give
Lessee written notice of any such claim or demand and further
provided that this paragraph shall not apply to injuries to persons
or property caused by defects in the equipment known to Lessor but
not disclosed to Lessee and damages resulting from Crystal Lake's
failure to properly maintain the equipment.
14. In the event the Lessor receives any type of state or
federal grant towards the purchase of the leased equipment, Lessor
shall share the capital costs reduction with the Lessee and
recompute the rental rate taking into account such grant.
15 . Assignment. This lease and all rights of Lessor
hereunder shall be assignable by Lessor without Lessee's consent,
but Lessee shall not be obligated to any assignee of the Lessor
except after written notice of such assignment from the Lessor.
Without the prior written consent of Lessor, the Lessee shall not
assign this lease or its interests hereunder or enter into any
sublease with respect to the leased equipment covered hereby, it
being agreed Lessor will not unreasonably withhold its consent to
a sublease of the leased equipment.
16 . No Purchase Option. Lessee shall have no option to
purchase or otherwise acquire title to or ownership of any of the
leased equipment and shall have only the right to use the same
under and subject to the terms and provisions of this lease.
17 . Further Assurances. Lessee shall execute and deliver to
Lessor, upon Lessor's request, such instruments and assurances as
Lessor deems necessary or advisable for the confirmation or
perfection of this lease and Lessor's rights hereunder; provided,
however, that such instruments and assurances shall be in
accordance with and shall not alter the terms and obligations of
this Agreement.
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18 . Notices . All notices relating hereto shall be delivered
in person to the City Manager of the Lessor or the City Manager of
the Lessee, or shall be mailed registered to Lessor or Lessee at
its respective address above shown or at any later address last
known to the sender.
19. Remedies, Waivers. No remedy of Lessor hereunder shall
be exclusive of any other remedy herein or by law provided, but
each shall be cumulative and in addition to every other remedy. A
waiver of default shall not be a waiver of any other or a
subsequent default.
In Witness Whereof, Lessor and Lessee have caused this lease
to be executed by their duly authorized representatives as of the
day and year first above written.
LESSOR: LESSEE:
CITY OF CRYSTAL • . . , an CITY OF ELGIN, an Illinois
Illinois municipa orporation, municipal c •.i ion,
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Agenda Item No. (A2)
�EED 1C ..
July 7, 1993
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Authorize Compost Turner Lease With City of Crystal Lake
PURPOSE: The intent herein is to secure approval to enter into a
lease agreement with the City of Crystal Lake for the use of a
compost turner.
BACKGROUND: The Public Works Department has been exploring
alternate methods to help accelerate the composting process at
our leaf compost site. During casual discussions with the City
Engineer in Crystal Lake, we learned they were purchasing a new
Wildcat Compost Turner.
Those early discussions have led to a proposed lease agree-
ment (attached) whereby we would pay to use the Crystal Lake
equipment on a monthly basis. The use of this sophisticated
equipment will help produce a better compost material in a short-
er period of time as compared with our present practice of simply
using an end loader to turn the leaves .
Per the agreement, we would have the right to use the equip-
ment three days each month. We would transport the equipment on
their trailer and return same to Crystal Lake after we had turned
our leaves .
Details of the lease agreement have been reviewed and ap-
proved by our Legal Department. The term of the agreement would
be through December 31, 1993, and annually thereafter.
FINANCIAL IMPACT: The cost amounts to $4,000 per year, or
$333.33 per month, including normal maintenance. There are
sufficient funds available ($72,540) to cover the balance of the
year in 601-4701-796 .43-04 (Equipment Replacement Fund) .
RECOMMENDATION: It is recommended the City Council authorize the
City Manager to execute the attached Compost Turner Lease Agree-
ment with the Citof Crystal Lake.
a f 1!!!!!_m
Larry L. Ric-4446,ty Manager
LLR:GWM:mg
Attachments
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eft.
June 24, 1993
MEMORANDUM
TO: Gary Miller, Assistant Public Works Director
FROM: Michael R. Gehrman, Assistant Corporation Counsel
SUBJECT: Compost Turner Lease Revisions
Upon review of the draft amendments to the compost turner
lease agreement you submitted, they appear to be acceptable
with the exception of a portion of paragraphs 3 and 13 which
limited Crystal Lake's liability for improper maintenance.
After a discussion with Crystal Lake's attorney, he has agreed
to provide a clause to each of the aforementioned paragraphs
that addresses the issue.
Therefore attached please find draft language that will be
included in a final version of the agreement which you should
be receiving shortly from Crystal Lake.
lease contact me if you have any questions regarding this
matter.
MRG
nr
Attachment
cc: William Aq , ogley
Approved:
Erw ilippentsch
F LEASE AGREEMENT
Agreement of lease, dated as of , 1993,
between, the CITY OF CRYSTAL LAKE, an Illinois municipal
corporation, 100 W. Municipal Complex, Crystal Lake, Illinois
60014, (hereinafter referred to as "Lessor" ) , and the CITY OF
ELGIN, an Illinois municipal corporation, (hereinafter referred to
as "Lessee") .
1. Lease of Equipment. Lessor hereby leases to Lessee, and
Lessee hereby hires and takes from Lessor the following described
personal property (together with all replacement parts, additions,
repairs and accessories) : Model LS 117 A Wildcat Compost Turner.
2. Term. This lease is for a term, beginning
, 1993 and ending December 31, 1993 and annually
thereafter, provided that in the event the Lessee does not want to
renew for an additional term, the Lessee shall notify the Lessor of
its intent in writing prior to the expiration of the current term.
The Lessee shall have the right to use the equipment for up to
three (3) days per month. For any use in excess of three (3) days,
the Lessee shall pay $100.00 per day of use. The Lessor and Lessee
shall mutually agree upon a schedule of use. Extra days use shall
be upon a two-day minimum advance notice from the Lessee to the
Lessor.
3. Rentals. For said term, or any portion thereof, Lessee
shall pay to Lessor rentals aggregating $4,000 per year payable at
$333.33 per month. All rent shall be paid at Lessor's address
shown above, or such other place as the Lessor may designate by
written notice to the Lessee. All rents shall be paid upon receipt
of invoice from Lessor. The operation and use of the leased
equipment shall be at the risk of Lessee during the time of
Lessee's use, and not of the Lessor except for defects known to the
Lessor but not disclosed to Lessee and damages resulting from
Crystal Lake's failure to properly maintain the equipment.
4. Destruction of Leased Equipment. If the lease equipment
is totally destroyed through the negligence of Lessee, the Lessee
shall replace the equipment at a depreciated cost basis. If the
lease equipment is destroyed by the Lessor, the Lessee shall not be
obligated to pay any rent during the time the lease equipment is
unavailable for Lessee's use. Lessor shall not be obligated to
undertake, by litigation or otherwise, the collection of any claim
against any person for loss or damage of the leased equipment.
5. No Warranties by Lessor. LESSOR, NOT BEING THE
MANUFACTURER OF THE LEASED EQUIPMENT, NOR MANUFACTURER'S AGENT,
MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS
TO THE FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OR
e" CAPACITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN THE LEASED
EQUIPMENT, NOR ANY WARRANTY THAT THE LEASED EQUIPMENT WILL SATISFY
THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT WHICH
e PROVIDES FOR SPECIFIC MACHINERY OR OPERATORS, OR SPECIAL METHODS,
IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE LESSOR AND THE
LESSEE ARE TO BE BORNE BY THE LESSEE AT ITS SOLE RISK AND EXPENSE.
No oral agreement, guaranty, promise, condition,
representation or warranty shall be binding; all prior
conversations, agreements or representations related hereto and/or
to the leased equipment are integrated herein, and no modification
hereof shall be binding unless in writing signed by Lessor.
6. Compliance with Laws, Insurance. Lessee agrees, at its
own cost and expense during Lessee's use; (A) to pay all charges
and expenses in connection with the operation of each item of lease
equipment; (B) to comply with all governmental laws, ordinances,
regulations, requirements and rules with respect to the use,
maintenance and operation of the lease equipment; (C) to maintain
at all times public liability, property damage, fire, theft and
comprehensive insurance in an amount satisfactory to Lessor or
furnish similar assurances if Lessee is self insured, protecting
Lessor's interest as it may appear, including during transport to
and from Lessor, a copy of which is approved and accepted by
Lessor; and, (D) to make all repairs and replacements required to
be made to maintain the leased equipment in good condition,
reasonable wear and tear excepted. Lessee shall make repairs to
flails, tires, belts and other items of a minor nature which may be
in the care, use and custody of Lessee. Lessee shall clean the
equipment after use and top with fuel; (E) Lessor shall perform
routine maintenance and make any modifications to the equipment as
needed and will furnish a trailer for transport of the equipment.
Lessee shall be responsible to provide a properly equipped truck to
pick up the equipment from and return it to the Lessor. The
trailer shall be considered a part of this Lease for all purposes
during its use by the Lessee.
7. Maintenance Fees. Lessor shall have the right to adjust
the maintenance fees, which include flails, belts and engine
service which are considered a part of continued maintenance, not
more than 120% annually, which increase is estimated at $57.00 the
first year, based upon the original estimate of $285.00 per year,
should operational experience indicate such increase is warranted
and provided that the Lessor agrees to furnish such notice of
increase not less than 45 days prior to the annual expiration date
of this Lease.
8. Title of the Lessor. Title to the leased equipment shall
at all times remain in the Lessor and Lessee will at all times
protect and defend, at its own cost and expense, the title of the
Lessor from and against all claims, liens and legal processes of
creditors of the Lessee and keep all leased equipment free and
clear from all such claims, liens and processes. The leased
equipment is and shall remain personal property. Upon the
!"` expiration or termination of this lease, the Lessee at Lessee's
2
eft. sole expense shall return the leased equipment unencumbered to
Lessor at such place as Lessor and Lessee agree upon, and in the
same condition as when received by Lessee, reasonable wear and tear
resulting from use thereof alone excepted.
9. Possession, Place of Use, Changes in Location. So long
as Lessee shall not be in default under this lease it shall be
entitled to the possession and use of the leased equipment in
accordance with the terms of this lease. The leased equipment
shall be used in the conduct of the lawful business of the Lessee.
It shall be operated only by Lessee's personnel and shall not be
used for any other commercial operation. The Lessee shall not,
without the Lessor's prior written consent, part with possession or
control of the leased equipment or attempt to sell, pledge,
mortgage or otherwise encumber any of the leased equipment or
attempt to purport to sell, pledge, assign, transfer or otherwise
dispose of or encumber any interest under this lease.
10. Performance of Obligations of Lessee by Lessor. In the
event that the Lessee shall fail duly and promptly to perform any
of its obligations under the provisions of Article 6 of this lease
to be performed by the Lessee, the Lessor may, at its option,
immediately or at any time thereafter perform the same for the
account of Lessee without thereby waiving such default, and any
amount paid or expense or liability incurred by Lessor in such
performance shall be payable by the Lessee upon demand as
additional rent for the leased equipment.
11. Right of Inspection. Lessor shall have the right from
time to time during reasonable business hours to enter upon the
Lessee's premises or elsewhere for the purpose of confirming the
existence, condition and the proper maintenance of the leased
equipment. The foregoing rights of entry are subject to any
applicable governmental laws, regulations and rules concerning
industrial security.
12. Default. There shall be deemed to be a breach of this
lease (a) if Lessee shall default in the payment of any rent
hereunder and such default shall continue for a period of 30 days
after written notice, (b) if Lessee shall default in the
performance of any of the other covenants herein and such default
shall continue uncured for 15 days after written notice thereof to
Lessee by Lessor, or (c) if Lessee ceases doing business as a going
concern, or if a petition is filed by or against Lessee under the
Bankruptcy Act or any amendment thereto (including a petition for
reorganization, arrangement or an extension) , or if Lessee attempts
to remove or sell or transfer or encumber or sublet or part with
possession of the leased equipment or any part thereof. In the
event of a breach of this Lease, as herein defined, (a) the leased
equipment shall upon Lessor's demand forthwith be delivered to
Lessor at Lessee's expense at such place as Lessor shall designate
eft and Lessor. The provisions of this paragraph shall be without
3
prejudice to Lessor's right to recover or prove in full damages for
unpaid rent that accrued prior to the breach of the lease. In the
event of a breach of this lease, Lessor, at its option, may enforce
by appropriate legal proceedings specific performance of the
applicable covenants of this lease as well as any other remedy
herein provided.
13. Indemnity. Lessee shall, during Lessee's possession of
the equipment, indemnify and save Lessor harmless from any and all
liability, loss, damage, expense, causes of action, suits, claims
or judgments arising from injury to person or property resulting
from or based upon the actual or alleged use, operation, delivery
or transportation of any or all of the leased equipment or its
location or condition; and shall, at its own cost and expense,
defend any and all suits which may be brought against Lessor,
either alone or in conjunction with others upon any such liability
or claim or claims and shall satisfy, pay and discharge any and all
judgments and fines that may be recovered against Lessor in any
such action or actions, provided, however, that Lessor shall give
Lessee written notice of any such claim or demand and further
provided that this paragraph shall not apply to injuries to persons
or property caused by defects in the equipment known to Lessor but
not disclosed to Lessee and damages resulting from Crystal Lake's
failure to properly maintain the equipment.
14. In the event the Lessor receives any type of state or
federal grant towards the purchase of the leased equipment, Lessor
shall share the capital costs reduction with the Lessee and
recompute the rental rate taking into account such grant.
15. Assignment. This lease and all rights of Lessor
hereunder shall be assignable by Lessor without Lessee's consent,
but Lessee shall not be obligated to any assignee of the Lessor
except after written notice of such assignment from the Lessor.
Without the prior written consent of Lessor, the Lessee shall not
assign this lease or its interests hereunder or enter into any
sublease with respect to the leased equipment covered hereby, it
being agreed Lessor will not unreasonably withhold its consent to
a sublease of the leased equipment.
16. No Purchase Option. Lessee shall have no option to
purchase or otherwise acquire title to or ownership of any of the
leased equipment and shall have only the right to use the same
under and subject to the terms and provisions of this lease.
17. Further Assurances. Lessee shall execute and deliver to
Lessor, upon Lessor's request, such instruments and assurances as
Lessor deems necessary or advisable for the confirmation or
perfection of this lease and Lessor's rights hereunder; provided,
however, that such instruments and assurances shall be in
accordance with and shall not alter the terms and obligations of
this Agreement.
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18. Notices. All notices relating hereto shall be delivered
in person to the City Manager of the Lessor or the City Manager of
the Lessee, or shall be mailed registered to Lessor or Lessee at
its respective address above shown or at any later address last
known to the sender.
19. Remedies, Waivers. No remedy of Lessor hereunder shall
be exclusive of any other remedy herein or by law provided, but
each shall be cumulative and in addition to every other remedy. A
waiver of default shall not be a waiver of any other or a
subsequent default.
In Witness Whereof, Lessor and Lessee have caused this lease
to be executed by their duly authorized representatives as of the
day and year first above written.
LESSOR: LESSEE:
CITY OF CRYSTAL LAKE, an CITY OF ELGIN, an Illinois
Illinois municipal corporation, municipal corporation,
By: By:
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A4:01:1). CERTIFICATE OF INSURANCE _ _ E/10/93
ISSUE DATE(MM/DD/YY)
• PRODUCER THIS CERTIFICATE IS_ A ISSUED AS MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
r PENCO ■ DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
I_POLICIES.BELOW.__ ._ ..._ _ .
P.O. Box 951 _ --- - - - -- - -- -
Aurora, IL. 60507 COMPANIES AFFORDING COVERAGE
COMPANY
. LETTER A underwriters at Lloyds Hereon 70%
•
COMPANY B
INSURED LETTER Northfield Insurance CO. Hereon 30%
COMPANY
City of Elgin LETTER C St. Paul Surplus Lines Insurance Company
150 Dexter Court '
COMPANY
• Elgin, IL. 60120 LETTER D Fireman's Fund Insurance Company
ATTN: Betty Dolan LETTER Y E .
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
- CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
'1TR DATE(MM/OD/YY) DATE(MM/DO/YY)
GENERAL LIABILITY Policy G512147 _ 10/1/92 10/1/93 ENERAL AGGREGATE wS
A
X COMMERCIAL GENERAL LIABILITY Limit: $90 ,000 Occurrence P •DUCTS-COMP/OP AGG. S
i& CLAIMS MADE OCCUR. Excess of $100,000 SIR/ PE- ONAL 8 ADV.INJURY S
S OWNER'S A CONTRACTOR'S PROT. 1,900,000 Aggregate EACH •CGURRENCE S
900,000 Aggregate Products & Operations
FIRE DA GE(Any one lire) S
MED.ExPE (Any one Person) S 4 — __
__
AUTOMOBILE LIABILITY COMBINED S GLE S
A X ANY AUTO Policy G512147 10/1/92 10/1/93 LIMIT •
ALL OWNED AUTOS Limit: $900,000 Occurrence BODILY INJURY
&
SCHEDULED AUTOS Excess of $100,000 SIR (P•rperson) S
•
MIRED AUTOS BODILY INJURY S j
NON-OWNED AUTOS (Per occident)
GARAGE LIABILITY
PROPERTY DAMAGE S
EXCESS LIABILITY Policy C 2 / 2 gg 10/1/93 EACH OCCURRENC-
C X UMBRELLA FORM Limit $1,04, $2.0 ,Og Aggregate AGGREGATE S ■
C X OTHER THAN UMBRELLA FORM 1? 1188s,8o8 s _- _ _ .-
STATU •RY LIMITS
WORKER'S COMPENSATION
EACH AC *ENT S
AND
DISEAS- POLICY LIMIT S
EMPLOYERS'LIABILITY
DISE -E—EACH EMPLOYEE S
A OTHER Policy G512147 10/1/92 10/1/93
B Property - All Real Limit $900,000 excess of $100,000 SIR
D & Personal Policy #XER 2377638 10/1/92 10/1/93
Limit: $79,998,546 excess of $1,000,000 p-r Occurrence
DESCRIPTION OF OPERATIONS/LOCATIONS/VEMICLES/SPECIAL ITEMS
Rental of Compost Turner from the City of Crystal Lake, I1 during the :p3licy term.
CERTIFICATE HOLDER CANCELLATION
ty of Crystal Lake SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
y EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
ttn! Clyde Wakefield, PE MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P.O. Box 597 LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Crystal Lake, IL. 60014 LIABILITY OF ANY KIN• • 'N THE COMPA AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESEN % ����'� ` d
R.C. HAN HETTE 6 ASSOC.,INC.
CSR 8P : DATE PANIDOn'n
A1:411:I). EVIDENCE OF PROPERTY INSURANCE 06/10!93
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED,IS IN FORCE,AND CONVEYS ALL
THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POUCY.
. Fra,erUCER :COMPANY
At C Hanchette 16 Assoc Inc Penco Midwest
33 N Geneva St
P 0 Box 544 75 Executive DR
Elgin, IL Aurora, IL
.60121 60504
I CODE SUB-CODE
INSURED LOAN NUMBER 'POUCY NUMBER
City Of Elgin G512147
• ....... ... MINT.
150 Dexter Ct EFFECTIVE DATE WM/DOM) EXPIRATION DATE(.*WDONYY
Elgin, IL
10/01/92 10/01/93 IF CH
.60120 THIS REPLACES PRIOR EVIDENCE DATED:
•
PROPERTY INFORMATION; ...
LOCATION/DESCRIPTION 001
Rental of Compost Turner from the
City of Crystal Lake, I1 .
Approximate Value: $55,000
COVERAGE INFORMATION
COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE
Real E Personal Property 900,000 S500
(This limit is excess over the insured's self-
cured retention).
•
REMARKS.(Inciudinp 30,00 CondHbns)
CANCELLATIi7N :. .... .:
THE POUCY IS SUBJECT TO THE PREMIUMS,FORMS,AND RULES IN EFFECT FOR EACH POUCY PERIOD.SHOULD
THE POUCY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 10 •
WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POUCY THAT WOULD AFFECT THAT
INTEREST,IN ACCORDANCE WITH THE POUCY PROVISIONS OR AS REQUIRED BY LAW.
ADCITI,ONAL INTEREST
,NAIIE)RD ADDRESS NATURE OF INTEREST
MORTGAGEE •ADDRIONALMISURED
City of Crystal Lake
Attn: Clyde Wakefield, PE
P.O. Box 597 LOSS PAYEE Lessor of Compost Turner
Crystal Lake, IL
60014 'SIGNATURE OF AU ei Jiez&_
R/C. HAN METTE S ASSOC.,INC.