HomeMy WebLinkAbout98-0925 Fire Barn No. 5 Museum AGREEMENT
THIS AGREEMENT is made and entered into this ..25 day of
� -� , 1998, by and between the CITY OF ELGIN,
Lessor, ILLINOIS, a municipal corporation (hereinafter
referred to as "Lessor" ) and ELGIN FIRE BARN NO. 5 MUSEUM,
INC. , Lessee, an Illinois not-for-profit corporation of the
State of Illinois (hereinafter referred to as "Lessee" ) .
WITNESSETH:
Lessor, in consideration of the lease payments provided
in this Agreement, leases to Lessee the real property legally
described as "Lot 5 Wallin' s Addition, City of Elgin, County
of Kane, State of Illinois" (the "Premises") along with the
building located on the real property commonly known as "Elgin
Fire Barn No. 5" (the "Building" ) .
1 . This Agreement shall commence on 5,),c- , 1998,
and expire on December 31, 2002 .
2 . This Agreement may be terminated by either party on
ninety (90) days written notice to the other party.
3 . Lessee agrees to pay to Lessor as rent for said
Premises the sum of Ten Dollars ($10 . 00) per year.
4 . Lessee shall use the Premises to establish, maintain
and operate a historical museum displaying memorabilia
relating to the Elgin Fire Department (hereinafter referred to
as "museum" ) . The use may include the sale of historical
memorabilia or souvenirs to defray expenses . No other use
shall be made of the Premises without the prior express
written consent of the Lessor.
A. To provide and pay for all utilities, except
telephone service, necessary to operate the Building as a
historical museum pursuant to this Agreement.
B. To maintain the Building' s heating, cooling,
plumbing systems, including all necessary repairs and, if
necessary, replacements .
C. To maintain the exterior of the Building in a
clean and structurally sound condition and in good repair;
provided Lessor shall not be obligated to clean exterior or
windows more than twice a year at such time as Lessor
determines .
D. To maintain the exterior of the Premises in a
clean and sightly condition around the Building; provided
Lessor shall not be responsible for the removal of snow from
the sidewalks, stairs and entranceways .
E. To obtain and maintain in full force and effect
a policy of general liability insurance covering injuries to
persons or property occurring on the exterior portions of the
Premises . Such policy shall be in limits as now or hereafter
determined by Lessor as reasonable or necessary and may, at
the discretion of Lessor, including self-insurance. Lessor
shall insure the building from damage due to fire and casualty
in amounts as determined by Lessor. Lessor shall not be
required to insure, nor be in any way responsible for, any
property of Lessee, its employees, agents or invitees on the
Premises .
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F. Provide for additional parking on the premises,
to the extent allowable under applicable codes .
6 . Lessee covenants and agrees as follows :
A. To make no alterations to the Building or the
Premise' s exterior nor construct any building or improvement
thereon without the prior written consent of Lessor.
B. To not, without the prior written consent of
the Lessor, assign or sublet this Lease or grant any license
to use the Premises or any part thereof.
C. To be solely responsible for any property of
Lessee, its agents, employees or guests, located on the
Premise and to insure said property as desired by Lessee.
D. To maintain in full force and effect a general
liability insurance policy covering injuries to persons or
property occurring as a result of the Premises ' and the
Building' s use by the Lessee, its agents, members, clients,
invitees or guests . The general liability insurance policy
shall be in the amount of Three Hundred Thousand Dollars
($300,000 . 00) for each person injured and Five Hundred
Thousand Dollars; ( $500,000 . 00) aggregate per accident and
Three Hundred Thousand Dollars ( $300,000 . 00) for property
damages for each accident. The general liability insurance
policy must name the City of Elgin as an additional insured
with right to notice of cancellation. The general liability
insurance required shall be occurrence-based and shall remain
in effect for the duration of this Agreement. Prior to the
execution of this Agreement, Lessee shall provide Lessor with
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a certificate of insurance confirming that it has secured the
requisite general liablility coverage set forth in this
Agreement; thereafter, Lessee shall deliver a certificate of
insurance to Lessor annually on the anniversary date of this
Agreement' s execution. Lessee shall insure all personal
property used, displayed or stored on the Premises and hereby
releases Lessor from any and all liability from the damage,
loss, or destruction of Lessee's personal property.
E. To provide the custodial and janitorial
services for said Building and to maintain the interior in a
clean and sightly condition.
F. To repair or pay for any damage caused by the
negligence, carelessness or waste of Lessee, its employees,
agents or invitees .
G. To paint or decorate the interior of the
Building from time to time as necessary and to maintain it in
a clean and sightly condition.
H. To remove snow from all sidewalks, stairs and
entranceways on the Premises .
I . To comply with all ordinances, laws, rules and
regulations which may pertain or apply to the Premises and the
use thereof.
J. To provide a staff member of the Lessee for the
museum who shall be on the Premises when the museum is open to
the public.
K. To cause the museum to be open to the general
public not less than five hundred twenty (520) hours per
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year. Lessee shall have the right to establish reasonable
admission fees to the museum.
L. To allow Lessor ' s employees or agents free
access to the Premises for the purpose of examining the
Premises and to make repairs or alterations which the Lessor
sees fit to make.
M. To keep and observe such reasonable rules and
regulations now or hereafter required by Lessor, which may be
necessary for the property and orderly care of the Premises
including the Building.
N. Lessee shall annually provide Lessor with a
copy of its annual report showing current assets and
liabilities . Said report shall be based on accepted
accounting procedures. Lessee shall also maintain good
standing as an Illinois Not-for-Profit Corporation by filing
an annual report with the Illinois Secretary of State, paying
all requisite filing fees, and otherwise complying with all
other requirements of the Illinois Not-for-Profit Corporation
Act.
0. Lessee shall maintain, repair and display the
collection as provided herein. Items in the collection shall
be maintained in a clean and attractive manner. Proper museum
environment shall be maintained, (i .e. , relative humidity,
lighting, etc. ) within the physical limitations of the museum
facility.
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P. Lessee shall maintain and repair display cases,
open display areas, display tables and panels, and museum
furnishings (i .e. , desks, chairs , etc. ) .
Q. Collection items shall be altered or disposed
of by Lessee only as provided herein. From time to time
Lessee shall determine which items should be altered or
disposed of using common and acceptable museum industry
standards . Prior to any actual alteration or disposal, Lessee
shall notify the Lessor which shall review Lessee' s
recommendation and shall give Lessee either written consent or
written rejection within 30 days . No item shall be altered or
disposed of without the written consent of the Lessor as
provided above.
7 . Lessor shall not be liable for and Lessee shall hold
Lessor harmless from and shall indemnify Lessor against any
and all liability for loss or expense for any damage or injury
to person or property caused by or resulting from the acts or
omissions of Lessee or its agents, employees or guests in
occupying or using the Premises . Lessee shall promptly
indemnify and save harmless Lessor of and from all fines,
suits, proceedings, claims, demands and actions, or any kind
or nature whatsoever, brought by anyone whomsoever, arising or
growing out of, or in any ways connected with, the occupation,
control or use of the Premises.
8 . This Agreement is to be governed by the laws of the
State of Illinois . Any term or provision of this Agreement
which is prohibited or unenforceable in Illinois shall be
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prohibited or unenforceable only to the extent of such
prohibition or unenforceability without invalidating the
remaining terms or provisions hereof.
9 . Lessee shall not directly or indirectly create,
incur, or suffer to exist, any mortgage, security interest,
pledge, charge, lien, encumbrance or claim on, or with respect
to, museum property without the written consent of Lessor.
A. In event any lien upon Lessor' s title results
from any act or negligence of Lessee or any contract for work
entered into by Lessee, and Lessee fails to remove said lien
within ten days after Lessor' s notice to do so, Lessor may
remove the lien by paying the full amount thereof or otherwise
and without any investigation or contest of the validity
thereof, and Lessee shall pay Lessor upon request the amount
paid out by Lessor in such behalf, including Lessor's cost,
expenses and attorney' s fees .
10 . If any default is made in the payment of rent or in
the performance of or compliance with any other term or
condition thereof this Agreement, at the option of Lessor,
this Agreement shall terminate and be forfeited, and Lessor
may re-enter the Premises . Lessee shall be given written
notice of any default or breach, and termination and
forfeiture of the Lease shall not result if, within thirty
( 30) days of receipt of such notice Lessee has corrected the
default or breach or has taken action reasonably likely to
effect such correction within a reasonable time.
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11 . In the event of any default or breach by the Lessor
of any term or condition of this Agreement, Lessee may
terminate the Agreement and vacate the Premises without
further obligations, provided Lessee has given Lessor written
notice of any default or breach and Lessee' s intention to
terminate, and Lessor has failed to correct the default or
breach or take action reasonable likely to effect such
correction within a reasonable time.
12 . Any notices which are required under this Agreement
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: 533 St. Charles Street, Elgin, Illinois 60120 or
addressed to Lessor at: City Manager, City of Elgin, 150
Dexter Court, Elgin, Illinois 60120 .
13. Whenever the context requires or permits, the
singular shall include the plural, the plural shall include
the singular and the masculine, feminine and neuter shall be
freely interchangeable.
14 . No amendment to this Agreement shall be valid or
enforceable unless the same is in writing and signed by each
of the parties hereto. This Agreement represents the entire
agreement between the parties with respect to the subject
matter hereof that are not expressed herein.
15 . Waiver by Lessor of any default in performance by
Lessee of any of the terms, covenants or conditions of his
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Agreement shall not be deemed a continuing waiver of the same
or nay subsequent default herein.
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IN WITNESS WHEREOF the parties have executed this
Agreement the day and year first above written.
CITY Of ELGIN, Lessar1 Attest:
By, r/..._.. x rte, i,
t� G ��,,. /"C�.cc-h am
C.fty M nager City Clerk
ELGI FIRE BARN NO.
MUSE , kC. , .: -see
lY
!
")---r
• esident Its Secretary
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