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HomeMy WebLinkAbout93-306 Resolution No. 93-306 RESOLUTION AUTHORIZING EXECUTION OF A MODIFICATION AGREEMENT (Fire Station #5) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute a written modification agreement with Elgin No. 5 Fire Barn Museum Inc. for the premises commonly known as 533 St. Charles Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 1, 1993 Adopted: December 1, 1993 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MODIFICATION AGREEMENT THIS AGREEMENT is made and entered into this —2zll day of \ ,�n +� 1993, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City" ) and ELGIN FIRE BARN NO. 5 MUSEUM, INC. , an Illinois not-for-profit corporation of the State of Illinois (hereinafter referred to as "Museum" ) . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the terms of an agreement between the parties dated January 21, 1993, attached and incorporated hereto, shall be modified at paragraph 9 to provide that renovation and occupancy shall be completed on or before January 21, 1995 . CIT EL IN, Lessor By City and er Attest: City Clerk ELGIN FIRE BARN NO. 5 MUSEUM, INC. By Pre den Attest: �w A . L Its Secretary AGREEMENT (Made and executed in duplicate) THIS AGREEMENT is made and entered between this / day o f. _ .r✓.�1�/'I - corporation of the of Illi- U ITY OF ELGIN, a municipal and th nois, hereinafter caldL corporatioELGIN of the State of 5 MUSEUM INC. , a not-for-profit Illinois, hereinafter called Lessee. WITNESSETH: Except for that area specified in Paragraph 1, Lessor, for and in consideration n 1 aseseto Lessee Land Lessee see hereinafter mentioned, Los- hereby described as: hereby leases from Lessor the Premises legally County of Lot 5 Wallin's Addition, City of Elgin, C Y Kane, State of Illinois, and hereinafter referred to as the Premises- 1,1. The Premises shall inc the "Elgin Fire BarnsNo. on said property commonly kno wn as 5,l (hereinafter referred to as . Building) • Z. The term of this eCember 31 1 commence on Janu- ary oil• , 1993 and expire on D either 3. This agreement may be terminated by party on ninety (90) days written notice to the other party. 4. Lessee agrees to pay to Lessor as rent for said Premises the sum of One Dollar ($1.00) per year. 5. Lessee shall use the Premises to n memorabil- maintain and operate Eal historical o Department use may is relating tot he g clude the sale of hotheriuse h mem ll be lmade of the Premises defray expenses. No without the prior express written consent of the Lessor. 6. Lessor covenants and agrees as follows: A• To provide and pay for all utilities, ex- cept telephone service, necessary to operate the building as a historical museum pursuant to this Agreement. B. To maintain the heating, cooling, plumbing systems, including all necessary repairs and, if necessary, replacements. C. To maintain the exterior of said Building .in a clean and structurally not be obligated to clean exteri- pair; provided Lessor shall . .or windows more than twice a year at such times as Lessor determines. D. To maintain the required interior be maintained building except those items that are Lessee or caused by negligence, carelessness vitees or waste of the ' Lessee, its ag ents, employees or in E. To maintain ether Building; provided clean and sightly condition around essor shall not be responsible foar She removal of snow from the sidewalks, I' stairs and entran c Y F. To obtain and maintain nsurance# naming Lessee effect a policy of general liability persons or property occur- as co-insured, covering injuries to p policy portions of the Premises. Such ring on the exterior p Lessor shall be in limits as now or hermay,,afteat etheidis re ion of as reasonable or necessary and essor shall insure the Lessor, include self-insurance. in amounts as building from damage due to shall not be required to in- determined by Lessor. .responsible for, any property sure, nor be in ee$ agents or invitees on the Premises. Lessee, its employ special G. Process at o expense to Lessee a use permit for a museum at the on the prem- g. Provide for additional parking lees, to the extent allowable under applicable codes. 7. Lessee covenants and agrees as* foliows: �. To make no it alterations im°pro ement Buildings thereon grounds or construct any building without the prior written consent of Lessor. _ B. To not, without the prior writ d a lit of the Lessor, assign or sublet this thease granny cease to use the Premises or any p ro erty C, To be solely responsible for cated on the enter employees or guests, of Lessee, its ag rt as desired by Lessee Premise . s and to insure said property In D, Lessee, at Lessee's =e: of ethisa shall nto full force and effect during the to Lessor as co-insured, against ail liability insurance, naming accrue due to the use ofests with]Premises limits or claims which may Lessee, their bgeLessoz e Lessee shall insure aBeS pond hereby as determined Y e loss or Lessee used, displayed or stored a fotrhethe Premises , releases io a o! said property. destruct erty . E. _ To provide the custodial and janitorial services for intain the interior in a clean said and to ma sightly condition. clean and siq damage caused by F. To repair or pay for any or its em- the negligence, carelessness or waste of Lessee, or or agents. G. To paint or decorate d hdetinter ntain it in Building from time condition. necess ry a clean and sightly H. To remove snow from all sidewalks, stairs and entranceways on the Promises' laws, rules I. To comply with ail ordi n to'the Premises . ulations which may pertain or aPP Y and reg and the use thereof. of the Lessee for J. To provide a staff membse when the museum is the museum who -iC all be on the Premis e open to the publ to the gener- 1K. To cause the museum to be Open 520) hours per al ublic not less than f the hundred twenty establish reasonable P year. Lessee shall have admission fees to the museum• agents free L. To allow Lessor's a pof yexaminin the Prom- access to the Premises for the pub ises and to make repairs or alterations which the Lessor sees fit to make. �. To keep and observe such reasonable w ich now or hereafter required by Le and regulations proper and orderly care of the Prom for the prp - may be necessary - _ ises including the Building. R. Lessee shall annually provide Elgin with a copy of its annual report showing current accepted s naccounting ties. - Said report shnli be based on procedures* repair and display G. Lessee shall maint Items in the collection the collection as provided herein. _ proper e maintained, . (i.e. , relative humid- museum shall be maintained in a clean and attractive manna of the ity,, li ghting,? eetcs�a within the- physical limitations . f ty, 9 museum facility. it display P. Lessee shall n►ainttianbland and panels, and open display areas, display cases, s i.e. , desks, chairs, ®tc.) • museum furnishing Q. collection items shale be .. From timeito posed of by Lessee only as provided h cce table museum industry stan- time Lessee shall determine dwai.c P items should be alters oe disposed of using common an Lease dards. Prior to any actual alteration or disposal, all notify the City which shall r ritten�onaent orowrit en shall give Lessee either tion and shall g as provided raj action within 30 days. No n item nt of the City redo d s posed of without the written cones above. all parties that S. It is expressly understood by Lessee's purpose and goal is to raise atuiticannbe utilized permit restoration of the Building as a historical museums Losses shall enovationSe the necessary funds to be raised to finance such to � renovat- g. Lessee shall cure ante t Building this greement. All ed to permit it to be used to the design or construction of plans and contracts relating subject to the prior written any renovation effort shall renovation c shall be consent of the Lessor* one year following en signing of completed no later than this lease.. 10. Renovation of the building shall be completed re aced by John Roberson pursuant to plans that ationoshall be such as to permit the and (Architect) - Building to be used as a historic be tub eat to a review and co content of such renovation shall at the design and b Lessor. Lessor and Lassoes thgree to coordinate approval Y their activities and to cooperate s bli at pli of Lessor construction of said renovation can be accomplished in an con t for those efficient manner. Except specified herein (elevator) Lesseeinalwork ornsthe Premises sPe person performing 9 and workers' the renovation. Any p eneral liability shall be required to obtain Lessor and Lessee as co-insured compensation insurance naming with coverage and limits acceptable to Lessor and Lessee. 11. Lessor shall not be d shake indemnify Lessor shall hold Lessor harmless from or loss or expense for any against any and all liability caused by or resulting damage or injury to person or property to ees or sin the Premises. Lessee shall from the acts or omissions of Lessee or its agents, employees. al or quests in occupying Save hazgmiess Lessor of and from romptly indemnify of p roceedings# claims, demands and actions, fines, suits, p anyone whomsoever, any kind or nature whatsoevoerr.i�any ways connected with, the arising or growing out of, occupation, control or use of the Premises. the laws 12. This agreement is to be governs d by the State of Illinois. Any term or Provision of this of prohibited or unenforceable in Illinois agreement which is p to the extent of shall be prohibited Ounenforceability without invalidating the such prohibition remaining terms or provisions hereof. • 5 Museum Shall not direct- in Fire Barn loo• any wort- 13. Elgin incur, or suffer to exist, or indirectly create, lien, encumbrance or ly security interest, pledge, charge, property without the gage' or with raspect to, museum claim on, written consent of Elgin. title re- p'. In event any lien upon Lessons contract li sacs of Lessee or any sults from any act or negligence e c and Lease'a Lasses fails to remove for work entered thin into ten days after Lessor's the full notice mount to do thereof said lien Within Lessor may remove the lien by Paying on request and without any investigation or contest of the or otherwise a and Lessee shall Pay Lessorinciuding Les validity thereof' Lessor in such behalf, the amount paid out by sorts cost, expenses and counsel fees. . of rent 14. If any default is made in the Payment term or fiance with any shall or in the performance of or comp the option of Lessor, and Lessor may re-enter the Prem- condition thereof this Lease, default or terminate and be shall sited ven written notice of Sass shall not Loss. Lessee shall be g of such notice each, and termination and 0 forfeiture receipt pt s taken ac- br within thirty result if, Lessee has corrected the default or breach or a Less likely to effect such correction within a tion reasonably reasonable time. the event of any default or breaLesa® �Y 15. In reement, Lessor of any terra or condition of this r Lessor written reement and vacate the P ses without fur- terminate the Agreement Lessee has given then obligations, P 0 notice of any default or breach and ccrrent t thintention e t or and Lessor has failed o terminate, tion reasonably likely to effect such correc- breach or take ac tion within a reasonable timee fired hereunder, the 16. Any notices which are ri desire to serve upon and shall be deemed served when which either be sin writing see may ted in the United States other shall be or when deposi ested, addressed to delivered P re aid, return receipt Slgin, IL 60120 or ad- mail, postage P P Charles street, of Elgin, 150 Dex- Lessee at: 533. St. Manager, City dressed Lessor lE gin IL 60120. ter Co o fires or permits, the 17. Whenever the context theu'lural shall include singular shall include the p and the masculine, feminine and neuter shall e the singular freely Interchangeable* I.S. N o amendment to this agreement shall be evdaliby enforceable unless the Same eemenk represents and signed enure the a parties heretO• =ties with respect to the subject agreement bet that are not expressed herein. . matter her lg. Waiver by Lessor of any default in performance by Lessee of any Of the terms.. covenants or 'c waivernofcthe twined herein shall not fault herein continuing be same or any subsequent Egg WHEREOF the parties have executed this IN WI and year first above written. Agreement the day CITY Off' Fj-GI 1�,� or By' M r Attests City Clerk INC guaw .N MUSEINC"0. 5 FIRE BARN Lessee een '& en Attests Its secretary