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HomeMy WebLinkAbout97-251 Resolution No. 97-251 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 Robert 0. Malm, Acting City Manager, be and is hereby 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, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 8, 1997 Adopted: October 8, 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk `0 O F c f` '1~a City of Elgin Agenda Item No. %)/ilAllak TLD%\�' September 17 , 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Izaak Walton League Annual Lease Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider renewing the annual lease agreement with the Izaak Walton League. BACKGROUND The Parks and Recreation Department uses several sites throughout the community to house programs . These cooperative arrangements with schools and service agencies increase the number of program offerings provided to Elgin citizens . One of these joint arrangements is with the Izaak Walton League at rft, their 899 Jay Street location. The Izaak Walton League has a lower level multipurpose room that offers an ideal location for two of the City' s preschool programs, Wee Folks and Pre-Kindergarten. The building also has a separate entrance for program participants and is not in conflict with other uses of the facility. Programs have been held at the Izaak Walton League for the past four years . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Izaak Walton League FINANCIAL IMPACT IfThe eight-month lease agreement (through June, 1998) for use of the Izaak Walton League facility totals $3,400 ($425 per month) . The proposed lease provides for no change in the monthly rate but allows for an additional month' s use. Adequate funding for the 1997 portion of the agreement is available in the Recreation Division Building Rental, account number 010-5012-762 . 43-03 . The proposed 1998 budget will include the appropriate amount for the 1998 portion of the rental agreement. LEGAL IMPACT A None. }Izaak Walton League Annual Lease Agreement September 17, 1997 Page 2 e ALTERNATIVES Non-approval of the proposed lease agreement with the Izaak Walton League would make it necessary to seek rental opportu- nities at other locations . RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the lease agreement with the Izaak Walton League. Respectfully submitted, -Nta, Monica Meyers, Di ector P. - .nd Recreation X14 Robert 0. alm Interim City Manager mpc F,m d3.= LEAS' Short Form With Power Perfection Legal Forms & Print i Rockford, III. ^—=1 *.------- < i f- ; 040 This Indenture, Made this day ofse-tt-efig,--E �I( 19�? BETWEEN Elgin Izaak Walton Home an Illinois Corporation as lessor, I and The City of Elgin, Illinois,a municipal Corporation , as lessee. ti WITNESSETH, as follows: That the said lessor hath this day leased to the said lessee the premises known as 899 Jay Street Elgin Illinois; Use of the lower level only 8:00 A.M. cy,Ftill 4:00 P.M. Tuesdays and Thursdays. 8:00 A.Mij ill 2:00 P.M. Monday and Wednesday. c Ii situated in the City of Elgin in the County of Cook and State of Illinois , to be occupied as } a Wee Fo15. Program only by said lessee, for andI uring the term of year_from the eleitir i��s•et day of $'e'P' b.er oc�►eV A. D. 1991_, to the Fifteenth II day of June A, D 19 93, upon the terms and conditions hereinafter set forth, and said I D.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 Four Thousand Thirty Seven & 00/100 DOLLARS payable as follows: The sum of Four Hundred Twenty Five& 00/100 DOLLARS upon the delivery hereof, for the rent to the First day of September 194_ and the further sum of Four Hundred Twenty Five & 00/00 -DOLLARS upon the first clay of each and every month thereafter _during the continuance of the term hereby created, payable monthly at the office of Izaak Walton Home Corp.P.O.Box 77.01 Elgin I1.60121 I 2. 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 maintain and keep the same In as good condition and repair as the same shall he upon taking possession thereof, natural wear excepted. Damage 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 re cin possession of said demised premises, or any part thereof. lessor 3. Said IKsIla agrees to pay the water tax upon said premises as well as all other utilities as the same become due and payable, and will take necessary precautions against freezing of the water pipes, and that no hair, string or rags, or rubbish of any description, or fruit parings or banana'skins be allowed to enter the drainage or waste pipes of said premises, and will pay ail damage or expense occasioned by such neglect; will clean the catch basin and furnace as occasion may require; and allow no deposit of ashes or rubbish, in or upon said premises, or upon any private alley adjacent thereto; no cooking stove or any other cooking apparatus shall he placed in any other room except the I kitchen and laundry. Said 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. II4. Said lessee shall allow the lessor free access 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 lit to make; also to allow to have placed upon said premises at all times, notices of "For Sale,•• and "To Rent" and not to interfere with the same. 5. Said lessee shall not assign this lease, or any portion thereof, nor sob-let said premises, or any part- thereof, without 1 the written consent of the lessor, endorsed hereon. In case said demised premises shall he vacated during said term, said lessor may take immediate possession thereof for the remainder of the term, and In his discretion relet the same, and apply the pro- ceeds upon this lease, the lessee to remain liable for the unpaid balance of the rent. 6. 'M4QXIMg2 30667tOCHOCOOCKIHXdt2felii)/6X1(45)Di8C4G4GXY1Xttsg2GXXXXIX.5244(XXXI XXiltYcXX.X'XMCigi OD0fiXIXXXI7k14l4ifCOCIL ) . • :Q•H }ttj4 , y... •.4xtitifi ot• x� 7 rxi jt4{r9.tr.: 'opOorrit HZc}Ly}Ltkttxtx wit •' pitOp(4 gJ4Z?Ctt X t 4=4-44r'.1 t 1 ' %f SYL . t -4 f r t)41,A .f i M. }x,t15•ti.t.} �S*Yi MAI tat41° 't 'k*r� t4e:•big�.X0 },1 XXXXxiXhS7 aXImxtf arexobxk)t49C4bTG}maxm:7noutoexxxxxim ]] xmcXOCCON1lQPC34QC95H'}d7011A xout8C'fiAlCOC]mano1!noto0xacsoreximeXid V'4•1•-.4'VY - r4Yi�) ER j43 � OO �' • ' •36EREEK � 7X7EKXX� XXXx 8. ZrkliXiXX04:621C Xa5XX ¢0[ QlA £ Ctr}in9HOUXX33eXtleCXXOtIC[QWQix=MOM KWH 3(X PD XOMKXH3(XPOXx901:72x54)010I}S•XTtX.>2CEX X I $3WCZSefa Oa t't t430enftnairataMigatia t paattilaiPeVr :''i'112:' 4.' trc%r, ygryt ZMKXXXNKMOiRMWMXIMMKAMRXXXXX 10. Lessee agrees to remove all snow in theparking v I g lot and sidewalks at its expense. / A1 ' ' 11. Lessor will maintain al) mechanical equipment at '€morel . i2xxTkaximumaxwiiixisxutauKxthuxIUNN 140051 xxgxligrxXYYXUlitiiixtittUtg x3tgyKx I. k3X II 11 4 II I I' Ii I; I I� i • EC' WI ->::OF, The said parties have hereunto set tacit at s s als this day' and year fir t above written. .c�49- -----/-... .<r----/! (Seal) s% ` 1 M a ��% 7 (Seal) (Seal) (Seal) I II I ii I I • • • • , "ection 12. LizAbility Insurance. 0 -see_ tr..44kwat 4 , during the entire term hereof, be sol,sly responsible for damage to its contents and improvements and property and any liability claims asserted against it in accordance with its salt- in',urance program. illoolvemet • a /eSection 13. Indemnification of Owner. ue5Se.e. 5',.a..11 ge -rtgoxi;11 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 pr,. rty arising from or out of the oocupancy or u- Tan4.4. - o - -he leased premises or any part thereof, . ,-_-koned wholly or in part by any act or omission •f , it,ts agents, contractors, - employees, servants, or students. ( l; ••r.w.r"".pVAi'il.u.• . M,• i Gw •'`�--• .�.• - ---'-. . i 14 . ••• Lessor shall hold harmless and indemnify Lessee from and against any and all claims for damages , suits , causes of action and any and all other liability, including, but not limited to, reasonable attorney ' s fees , arising out of or in connection with, or claimed to have arisen out of or in connection with, Lessor' s negligent performance of the terms and provisions of this agreement, or arising our of or in connection with any ' occurrence which does not occur during such times and at such locations as are specifically contemplated by the terms of this agreement; namely 8 : 00 AM to 4 : 00 PM Tuesdays and Thursd is*at the lower level of the premises . i Uv�d 7o rn to -21 im crn p x 4 uwZd,9sda Th terms of this ag eement shall •e severable . In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full forcer and effect . 16 . This agreement shall not be construed so as to constitute a joint venture, partnership, employment or other agency relationship between the parties hereto . 17 . This agreement shall be subject to and governed by the laws of the State of Illinois . Venue for any action or suit brought to enforce the terms and provisions of this agreement shall be in the Circuit Court of Kane County, Illinois .