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HomeMy WebLinkAbout14-154 Resolution No. 14-154 RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF INTENT AND A LEASE AGREEMENT WITH THE ELGIN CHARTER SCHOOL INITIATIVE, ALSO KNOWN AS THE ELGIN MATH AND SCIENCE ACADEMY, FOR THE LEASE AND USE AS A CHARTER SCHOOL OF THE PREMISES COMMONLY KNOWN AS THE RAKOW SCHOOL BUILDING AT 515 SPORTS WAY, ELGIN, ILLINOIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby respectively authorized and directed to execute a letter of intent and a lease agreement with The Elgin Charter School Initiative, also known as the Elgin Math and Science Academy, for the lease and use as a charter school of the premises commonly known as the Rakow School Building at 515 Sports Way, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 8, 2014 Adopted: October 8, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk , LETTER OF INTENT BETWEEN THE CITY OF ELGIN AND THE ELGIN CHARTER SCHOOL INITIATIVE,ALSO KNOWN AS THE ELGIN MATH AND SCIENCE ACADEMY TO ENTER INTO A LEASE FOR THE RAKOW SCHOOL BUILDING AT 515 SPORTS WAY,ELGIN,ILLINOIS 60123 This Letter of Intent ("Letter of Intent") is entered into as of October 8, 2014, by and between the City of Elgin, an Illinois municipal corporation (the "City") and the Elgin Charter School Initiative, an Illinois not-for-profit corporation, also known as the Elgin Math and Science Academy ("EMSA") for the lease of the property commonly known as the Rakow School Building at 515 Sports Way,Elgin,Illinois 60123 (the "Subject Property"). WHEREAS,the City is leasing the Subject Property and certain adjoining property from the State of Illinois, acting through the Department of Central Management Services,pursuant to an Intergovernmental Lease Agreement with an initial term commencing July 15,2000;and WHEREAS,the City initially leased the Subject Property to the Larkin School for use as classroom and related support facilities pursuant to a lease agreement dated August 24, 2000; and WHEREAS, the Larkin Center discontinued operations at the Subject Property and entered into a sublease agreement for a use of the Subject Property with Lawrence Hall Youth Services dated October 22,2013;and WHEREAS, Lawrence Hall Youth Services discontinued operations at the Subject Property and terminated its sublease with the Larkin Center for the Subject Property effective July 31,2014;and WHEREAS, the Larkin Center and Lawrence Hall Youth Services have vacated and • abandoned the Subject Property and the Subject Property is now vacant and unoccupied; and WHEREAS, EMSA has requested that the City agree to lease the Subject Property to EMSA for use as a charter school for grades kindergarten through eighth grade consistent with a charter being sought by EMSA,under similar terms that Subject Property was being leased to the Larkin Center with an initial term of one(1)year and with four(4)one year options; and WHEREAS, the City is willing to lease the Subject Property to EMSA pursuant to the terms and conditions as provided in the attached proposed Lease Agreement and subject to the satisfaction and completion of the contingencies as set forth in this Letter of Intent to Lease. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the attached Lease Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the City and EMSA agree as follows: 1. The foregoing recitals are incorporated into this Letter of Intent. 2. The City and EMSA shall execute and enter into the attached proposed Lease Agreement 4 • for the Subject Property dated October 8,2 014, attached hereto and made a part hereof as Exhibit 1, within ten (10) days of the satisfaction and completion of the following contingencies: a. The advance, express written approval of the State of Illinois to the attached proposed lease between the City and EMSA. b. The formal termination of the prior lease for the Subject Property between the City and the Larkin Center for the Subject Property. c. EMSA obtaining approval of the proposed Charter School from the State of Illinois Charter School Commission,or as otherwise provided by law. 3. In the event any of the foregoing contingencies listed in Section 2 hereof have not been satisfied and completed by December 31, 2014, either party hereto by written notice to the other party may terminate this Letter of Intent whereupon this Letter of Intent and the attached proposed lease shall be null and void without further obligations of the parties. IN WITNESS WHEREOF, the City and EMSA have entered into this Letter of Intent on October 8,2014. City of Elgin, Elgin Charter School Initiative an Illinois Municipal Corporation a/k/a Elgin Math and Science Academy By: r�U. By: � Sea i"R. Stegall, City Manage Its: ,'YS/A lf!t ATTEST: ATTEST: B B // Kimberly Dewis,City Clerk F:\Legal Dept\Agreement\Letter of Intent to Lease-515 Sports Way-Elgin Charter School.docx 2 EXHIBIT 1 LEASE AGREEMENT THIS LEASE is made between the Lessor and the Lessee identified in the Basic Lease Provisions below, and constitutes a Lease between the parties of the "Leased Premises" as identified in the Basic Lease Provisions below, on the terms and conditions and with and subject to the covenants and agreements of the parties hereinafter set forth. WITNESSETH: 1.Basic Lease Provisions The following are certain lease provisions which are part of, and, in certain instances,referred to, in subsequent provisions of this Lease: Date of Lease: October 8, 2014 Lessor's Name and Address: City of Elgin(an Illinois municipal corporation) 150 Dexter Court,Elgin, IL 60120-5555 Lessee's Name and Address: The Elgin Charter School Initiative, an Illinois not-for- profit corporation, also known as the Elgin Math and Science Academy 355 Jefferson Avenue,Elgin,Illinois 60120 Attn: Karen Schock Premises: That part of the Southeast Quarter of Section 23, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the West line of said Southeast Quarter with the Southerly right of way line of U.S. Route 20; thence South 0 degreesl9 minutes 55 seconds West along the said West line, 797.77 feet; thence South 86 degrees 17 minutes 50 seconds East 564.68 feet; thence North 03 degrees 42 minutes 10 seconds East 382.46 feet for the point of beginning; thence North 88 degrees 30 minutes 28 seconds West and parallel with the South line of Route 20, a distance of 138.85 feet; thence North 0 degrees 19 minutes 55 seconds East and parallel with the West line of said Southeast Quarter 98.50 feet; thence North 88 degrees 30 minutes 28 seconds West and parallel with the South line of Route 20, a distance of 152.0 feet; thence North 56 degrees 32 minutes 56 seconds West 258.40 feet; thence North 0 degrees 19 minutes 55 seconds East and parallel with the West line of said Southeast Quarter 202.0 feet to the South line of Route 20; thence South 88 degrees 30 minutes 28 seconds East along said South line 533.05 feet; thence South 03 degrees 42 minutes 10 seconds West 437.54 feet to the point of beginning, containing 4.0482 Acres, in the City of Elgin, Kane County, Illinois; said premises being identified as "Parcel 1" on the plat of survey dated 16 May 2000 as certified by Alan J. Coulson, P.C., an Illinois licensed professional land 1 surveyor, said plat of survey being attached to and made part of this agreement as "Exhibit A." (commonly known as the Rakow School Building at 515 Sports Way,Elgin,Illinois,60123) Original Term: July 1,2015—June 30,2016 Rent: $10.00 Permitted Use: Educational and administrative purposes for grades kindergarten through eighth grade consistent with Lessee's charter, and for no other purpose or purposes. Security Deposit: None 2.Grant and Term Premises. Lessor is leasing certain premises, including all buildings and permanent improvements thereon, hereinafter referred to as the "Premises" from the State of Illinois, acting through the Department of Central Management Services on behalf of the Department of Human Services. Lessor, in consideration of the rent to be paid and the covenants to be performed by Lessee, does hereby demise and lease unto Lessee, and Lessee hereby leases from Lessor, the Premises. Commencement and Ending Day of Term. The original term (the "Original Term") of this Lease shall commence on June 1, 2015, and shall end on May 31, 2016, however the Lease will automatically be extended for four (4) consecutive one (1) year terms provided there is no significant change in Lessee's use of the property or unless the Lessee notifies the Lessor of its intention not to renew the Lease thirty(30)days prior to the conclusion of the expiration date or any automatic renewal thereof. Notwithstanding the foregoing, the final one (1) year extended term of June 1,2019 through May 31,2020, shall be subject and is contingent upon the approval of the State of Illinois pursuant to an extension of the existing intergovernmental lease agreement between the Lessor and the State of Illinois which under the current terms thereof will expire December 14,2019. 3.Rent Rent. Lessee agrees to pay to the Lessor the sum of ten and no/100 dollars ($10.00) as the total rent due under the terms of this Lease, the receipt and sufficiency of which is hereby acknowledged by the Lessor. Lessee's Tax Obligation. Lessee agrees to pay to Lessor, or on behalf of Lessor direct to the appropriate taxing authority, all taxes and assessments which have been or may be levied, assessed,or payable to any lawful authority, including but not limited to any leasehold taxes, for each calendar year during the term hereof, against the land, buildings, and improvements presently and/or at any time during the term of this Lease comprising the Premises and the rentals payable by Lessees in the Premises to Lessor (hereinafter referred to as the "Taxes"). 2 Taxes shall be deemed levied or assessed with respect to the calendar year in which such taxes initially constitute a lien against the Premises. However, the taxes described in the next sentence shall be accrued ratably during the calendar year. Any costs, expenses, and attorneys' fees incurred by Lessor for reduction in the assessed valuation of the Premises and any protest or contest of real estate taxes and/or assessments shall be included within the term"Taxes". 4.Delivery of Possession and Changes and Additions Lessor shall deliver to Lessee possession of the Premises upon the commencement date of the Original Term of this Lease. It is agreed that Lessor will be delivering the Premises to Lessee in its AS IS CONDITION on such commencement date without any requirement or obligation of Lessor to make any repairs or improvements to the Premises. It is agreed that by occupying the Premises as a Lessee, Lessee formally accepts the same, in AS IS CONDITION, and acknowledges that the Premises are in the condition called for hereunder. Failure of Lessor to deliver possession of the Premises within the time and in the condition provided for in this Lease will not give rise to any claim for damages by Lessee against Lessor or against Lessor's contractor. Lessor hereby reserves the right at any time, and from time to time, to make alterations or additions to the Premises, to purchase any part of the Premises, and to purchase or sell any land adjacent to the Premises. 5.Conduct of Business by Lessee Use of Premises. Lessee shall use and occupy the Premises during the continuance of this Lease solely for the Permitted Use set forth in the Basic Lease Provisions, and for no other purpose or purposes without the prior written consent of Lessor. If any governmental license or permit shall be required for the proper and lawful conduct of Lessee's business or other activity carried on in the Premises or if a failure to procure such a license or permit might or would, in any way, affect Lessor or the Premises,then Lessee,at Lessee's expense, shall procure and maintain such license or permit. Lessee shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the Premises and the cleanliness, safety, occupancy, and use of same. Lessee agrees that it will conduct its business in the Premises in a lawful manner and in good faith. Lessee shall not cause or permit the use, generation, storage, or disposal in, on, or about the Leased Premises or the Premises of any substances,materials, or wastes subject to regulation under any Federal,state,or local laws from time to time in effect concerning hazardous,toxic,or radioactive materials,unless Lessee shall have received Lessor's prior written consent. Care of Premises. Lessee shall keep the Premises (including the service areas adjacent to the Premises, windows, and signs)orderly, neat, safe, and clean and free from rubbish and dirt at all times and shall store all garbage within the Premises and arrange for the regular pick up of such garbage at Lessee's expense. 6.Alterations; Lessee and Lessor Alterations Lessee may make interior revisions to the premises, including the provision of any and all heating, ventilating and air conditioning mechanical systems necessary to serve the Premises, subject to all applicable code regulations and prior written approval of Lessor, which approval 3 shall not be unreasonably withheld. All alterations, decorations, additions, and improvements made by Lessee shall be deemed to have attached to the leasehold and to have become the property of Lessor upon such attachment, and upon expiration of this Lease, Lessee shall not remove any of such alterations, decorations, additions, and improvements, except trade fixtures installed by Lessee may be removed if all rents due herein are paid in full and Lessee is not otherwise in default hereunder. Prior to commencing any renovation work approved by Lessor, Lessee shall procure certificates of insurance from all contractors and subcontractors showing general liability and workman's compensation coverage and naming Lessor as an additional insured. Lessee shall in any event be responsible for repairing any damage caused to the Premises by virtue of any unauthorized alteration, addition, or improvement installed by or on behalf of Lessee. It is acknowledged that Lessor has previously erected a chain link fence of not less than ten(10) feet in height surrounding the entire perimeter of"Parcel 1" and "Parcel 2" as identified in the plat of survey certified by Alan J. Coulson, P.C. on 16 May 2000 attached to and made part of this agreement as "Exhibit A." The Lessor shall also previously provide gated entrances for providing access to the East connecting roadway to the Elgin Mental Health Center as shown in Exhibit A, said fence gates to be operable occupancy by the Lessee. Lessor shall be granted access to the exterior property areas of"Parcel 1" and"Parcel 2" as identified in Exhibit A at any time for the purpose of erecting and maintaining said fencing. 7.Signs Lessee agrees not to use any advertising media that shall be deemed objectionable to Lessor, such as loudspeakers, phonographs, or radio broadcasts in a manner to be heard outside the Premises. All signage shall be professionally prepared. Lessee further agrees to maintain any such sign, awning, canopy, decoration, lettering, advertising matter, or other thing, as may be approved, in good condition and repair at all times. 8.Maintenance of Leased Premises Lessor shall not be called upon to make any repairs or improvements to the Premises or the appurtenances thereon. Lessor shall not be called upon to make any other improvements or repairs of any kind upon Premises and appurtenances, except as may be required under the Section "Destruction of Premises." Lessee shall at its cost keep and maintain in good order, condition, and repair, including replacement of parts and equipment if necessary, and including the foundation, exterior walls, and roof of the building, the Premises and every part thereof and any and all appurtenances thereto wherever located, including, but without limitation, the exterior and interior portion of all doors, door checks, windows, plate glass, store front, all plumbing and sewage facilities within the Premises, including free flow up to the main sewer line, grease traps, hair traps, fixtures, heating and air conditioning and electrical systems (whether or not located in the Premises), sprinkler system, walls, floors, and ceilings, and all other work performed by Lessee. Lessee shall keep and maintain the Premises at its cost in a clean, sanitary, and safe condition in accordance with the laws of the State of Illinois and in accordance with all directions, rules, and regulations of the health officer, fire marshal, building inspector, or other proper officials of the governmental agencies having jurisdiction at the sole 4 • cost and expense of Lessee, and Lessee shall comply with all requirements of law, ordinance, and otherwise, affecting the Premises. If Lessee refuses or neglects to commence and/or complete the repairs required by the provisions of this Section promptly and adequately, Lessor may,but shall not be required to do so,make and complete said repairs, and Lessee shall pay the cost thereof to Lessor upon demand, as additional rental. At the time of the expiration of the tenancy created herein, Lessee shall surrender the Premises, including all systems covering the same in good condition, reasonable wear and tear, loss by fire or other unavoidable casualty, excepted. Lessee shall keep the Premises and all other parts of the Premises free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by or for Lessee, and agrees to bond against or discharge any mechanic's or materialmen's lien within ten (10) days. Lessee shall reimburse Lessor for any and all costs and expenses which may be incurred by Lessor by reason of the filing of any such liens and/or the removal of same, such reimbursement to be made within ten (10) days after receipt by Lessee from Lessor of a statement setting forth the amount of such costs and expenses. The failure of Lessee to pay any such amount to Lessor within said ten (10) day period shall carry with it the same consequences as failure to pay any installment of rental. Lessee, at its own expense, shall install and maintain fire extinguishers and other fire protection devices as may be required from time to time by any agency having jurisdiction thereof and the insurance underwriters insuring the building in which the Leased Premises are located. Lessee further agrees to comply with any and all requirements of the insurance underwriters insuring the Leased Premises. Lessor shall maintain the access road from the Elgin Sports Complex servicing the Premises,the parking lot on the Premises, any sidewalks and access ways on the Premises, and all water and sewer lines from and on the Premises extending to the point of connection with sewer service provided by the City of Elgin. 9.Insurance As additional rent for the Premises,Lessee shall procure and maintain policies of insurance,at its own cost and expense, insuring: A. Lessor and Lessee from all claims, demands or actions for injury to or death of any person in an amount of not less than $500,000.00, for injury to or death of more than one person in any one occurrence and an umbrella liability policy in an amount of not less than $2,000,000.00, and for damage to property in an amount of not less than$250,000.00 made by,or on behalf of,any person or persons, firm or corporation arising from,related to or connected with the Premises. B. Lessee from all workers'compensation claims. C. Lessor and Lessee against breakage of all plate glass utilized in the improvements on the Premises. D. All contents, and Lessee's trade fixtures, machinery, equipment, furniture and furnishings in the Premises to the extent of at least ninety percent (90%) of their replacement cost under standard fire and extended coverage insurance, including, 5 without limitation, vandalism and malicious mischief and sprinkler leakage endorsements. The aforesaid insurance shall be in companies and in form, substance and amount (where not stated above) satisfactory from time to time to Lessor. The aforesaid insurance shall not be subject to cancellation except after at least thirty (30) days prior written notice to Lessor. The original insurance policies (or certificate thereof satisfactory to Lessor) together with satisfactory evidence of payment of the premiums thereon, shall be deposited with Lessor at the beginning date of this Lease, and renewals thereof not less than thirty (30) days prior to the end of the term of each such coverage. 10.Covenant To Hold Harmless Lessee shall indemnify and defend Lessor,its officers, employees,agents and assigns,and save it and them harmless from and against any and all claims, actions, damages, liabilities, and expenses of any kind or nature resulting in loss of life; personal, bodily, or advertising injury; and/or damage to property arising from or out of any occurrence in, upon, or at the Premises, regardless of who asserts such claim. In case Lessor shall be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and hold Lessor harmless and shall pay all costs, expenses, and reasonable attorneys' fees incurred or paid by Lessor in connection with such litigation. 11.Waiver of Subrogation Lessor and Lessee hereby release each other and their respective agents and employees from any and all liability to each other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by or resulting from risks insured against(or which would have been insured against had that party carried all insurance required by this Section)under any insurance policy covering loss or damage to the Premises or any part thereof. 12.Utility Charges Lessee shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity,sewer,and any other utility used upon or furnished to the Premises. 13.Subordination This Lease and Lessee's rights under this Lease are subject and subordinate to any ground or underlying lease, including but not limited to the intergovernmental lease agreement dated 8 August 2000 between Lessor and the State of Illinois (acting through the Department of Central Management Services on behalf of the Department of Human Service), attached to and made part of this Lease as "Exhibit B," and any mortgage, indenture, deed of trust, or other lien encumbrance, together with any renewals, extensions, modifications, consolidations, and replacements of such matters or encumbrances,now or after the Lease date, affecting or placed, charged, or enforced against the land or any interest of Lessor in them or Lessor's interest in this 6 Lease and the leasehold estate created by this Lease.This provision will be self-operative and no further instrument of subordination will be required in order to effect it. Nevertheless, Lessee shall execute, acknowledge, and deliver to Lessor, at any time and from time to time, upon demand by Lessor, such documents as may be requested by Lessor, any ground or underlying lessor,or any mortgagee,to confirm or effect any such subordination. If Lessee fails or refuses to execute, acknowledge, and deliver any such document within twenty (20) days after written demand, Lessor, its successors,and assigns will be entitled to execute, acknowledge, and deliver any and all such documents for and on behalf of Lessee as Attorney-in-Fact for Lessee. Lessee by this Section constitutes and irrevocably appoints Lessor, its successors, and assigns as Lessee's Attorney-in-Fact to execute, acknowledge, and deliver any and all documents described in this Section for and on behalf of Lessee, as provided in this Section. 14.Assignment and Subletting Lessee agrees not to assign or in any manner transfer this Lease or any estate or interest therein without the prior consent of Lessor, and not to sublet the Leased Premises or any part or parts thereof or allow anyone to come in with, through, or under it without like consent. It is understood and agreed that Lessor's consent hereunder(and wherever else in this Lease required, unless specifically provided to the contrary) may be arbitrarily withheld, notwithstanding any statutory or other provisions of law to the contrary. 15.Waste and Nuisance Lessee shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee in the building in which the Leased Premises may be located, or in the Premises. Lessee shall not use or permit to be used any medium that might constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs, radios, televisions, or any other sound-producing device which will carry sound outside the Leased Premises. 16.Destruction of Leased Premises In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Lessor may, at its option, terminate this Lease or repair the Premises within sixty days. If Lessor does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall cease and determine. Notwithstanding the foregoing,in the event the Premises are 25%destroyed, Lessee may elect to terminate this Lease. 17.Eminent Domain If the whole of the Premises hereby leased shall be taken by any public authority under the power of eminent domain, or by deed in lieu thereof,then the term of this Lease shall cease as of the day possession shall be taken by such public authority and the Rent and other charges due hereunder, shall be paid up to that day with a proportionate refund by Lessor of such rent as may have been paid in advance for a period subsequent to the date of the taking. If less than the whole of the Premises shall be taken under eminent domain, Lessor shall have the right either to 7 • terminate this Lease and declare same void,or require Lessee to continue in the possession of the remainder of the Premises if such can reasonably be accomplished. Lessor shall notify Lessee in writing within twenty (20) days after such taking of Lessor's intention. If the Lessee is to remain in possession, all of the terms herein provided shall continue in effect, except that the Fixed Minimum Annual Rental shall be reduced in proportion to the amount of the Premises, if any, taken. All damages awarded for such taking under the power of eminent domain,whether for the whole or a part of the Leased Premises, shall belong to and be the property of Lessor whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises. The Lessee may pursue its own claims for damages with the appropriate government authority so long as same does not interfere with, or in any manner diminish, the award of Lessor. 18.Default of the Lessee Definition of Event of Default. Each of the following shall be deemed an event of default: (i) Lessee's failure to make payment of rent or other charges as provided in this Lease; (ii)Lessee's failure to perform any of the covenants, terms, conditions, or provisions of this Lease; (iii) If a petition is filed by or against Lessee for relief under the bankruptcy laws, or Lessee shall make an assignment for the benefit of creditors, or if a receiver of any property of the Lessee be appointed in any action, suit,or proceeding by or against Lessee, or if Lessee shall admit that it is insolvent, or it is generally not paying its debts as such debts become due, or if the interest of Lessee in the premises shall be sold under execution or other legal process, or if Lessee shall abandon the premises; (iv) Lessee vacates or abandons the premises; (v) This Lease or the Premises or any part of the Premises are taken upon execution or by other process of law directed against Lessee, or are taken upon or subject to any attachment at the instance of any creditor or claimant against Lessee, and the attachment is not discharged or disposed of within fifteen(15)days after its levy; (vi)Lessee is dissolved;(vii)Lessee fails to take possession of the Premises on the Commencement Date as required hereunder.Notwithstanding anything herein to the contrary,Lessee shall not be entitled to more than one(1)notice for monetary defaults during any twelve(12)month period, and if after such notice any rent is not paid when due, an event of default will be considered to have occurred without further notice. Upon the occurrence of an event of default, Lessor shall have the right to terminate the Lease and shall be entitled to possession of the Premises. Lessor may make its election to terminate known to Lessee by delivery of a notice of termination. Such termination shall be immediately effective and Lessor shall be entitled to forthwith commence an action in summary proceedings to recover possession of the Premises, but such termination shall not terminate Lessee's liabilities hereunder. Lessee waives all notice in connection with such termination, including by way of illustration, but not limitation, notice of intent to terminate, demand for possession or payment, and notice of re- entry.No receipt of money by the Lessor from the Lessee after the termination of this Lease shall reinstate, continue, or extend the term, nor affect or waive any notice given by the Lessor to the Lessee prior to such receipt of money. Right to Re-Enter. If the event of default is for the nonpayment of rent, Lessor may, as an alternative to terminating the Lease, serve a Notice for possession or payment. Unless the rent, additional rent, and any other amounts due under this Lease are paid in accordance with the demand for possession or payment, Lessor shall be entitled to possession of the Premises and 8 Lessee shall have no further right to possession under the Lease, but Lessee shall not be relieved of any of its liability hereunder. Lessee shall remain liable to Lessor for the payment of all rent and other charges which Lessee has agreed to pay under this Lease throughout the remainder of its term. Should Lessor elect to re-enter, as herein provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet said Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Notwithstanding anything herein to the contrary, Lessor may, without demand or notice, reenter and take possession of the premises or any part of the premises, repossess the same, expel Lessee and those claiming through or under Lessee, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of amounts payable under this Lease or as a result of any preceding breach of covenants or conditions. Other Remedies. The Lessor's rights, remedies, and benefits provided by this Lease shall be cumulative,and shall not be exclusive of any other rights,remedies and benefits allowed by law. Estoppel. The parties agree that they shall rely solely upon the terms of this Lease to govern their relationship. They further agree that reliance upon any representation, act, or omission • outside the terms of this Lease shall be deemed unreasonable, and shall not establish any rights or obligations on the part of either party. Independent Covenant. Notwithstanding anything to the contrary, Lessee acknowledges and agrees that its obligation to pay rent under this Lease is an independent covenant, and that such obligation to pay rent is not subject to set-off or recoupment in connection with any action for summary proceedings to recover possession of the Leased Premises. 19.Bankruptcy or Insolvency In the event that a trustee is appointed for Lessee or by Lessee as Debtor-in-Possession,Lessee is liquidated or files a subsequent petition for reorganization or adjustment of debts under the Bankruptcy Code, Lessee be adjudicated a bankrupt, insolvent, or placed in receivership, or should any proceedings be instituted by or against the Lessee for bankruptcy, insolvency, receivership, agreement of composition, or assignment for the benefit of creditors, or if this Lease or the estate of the Lessee hereunder shall pass to another by virtue of any court proceedings,writ of execution,levy, sale or by operation of law,then, and in any of such events, Lessor may, at its option, terminate this Lease and all rights of Lessee hereunder,by giving five (5)days Notice of its election to so terminate to Lessee, or to any trustee, receiver, assignee, or other person in charge of or acting as custodian of the assets or property of the Lessee. Upon the giving of such Notice,this Lease and the term hereof shall end on the date fixed in such Notice, or if no such date is fixed, five (5) days following the proper dispatch of such Notice, and the Lessor shall have the right to remove all persons, goods, fixtures, and chattels from the Premises by force or otherwise, without liability for damages, and all the other rights permitted under this Lease in the event of a default. 9 20.Access By Lessor Lessor or Lessor's agent shall have the right to enter the Premises at all reasonable times to examine same, and to show them to prospective purchasers or mortgagees, and to make such repairs,alterations,improvements,or additions as Lessor may deem necessary or desirable. Lessee shall grant Lessor permission to utilize the gymnasium and auditorium on the Premises for community programming by the City of Elgin Parks and Recreation Department on dates and times mutually agreeable to Lessee and Lessor,provided that Lessor shall be entitled to not less than ten (10) hours of such use between the hours of 6:00 p.m. and 11:00 p.m. on weekdays (Monday through Friday), or between the hours of 8:00 a.m. and 11:00 p.m. on weekends (Saturday and Sunday) or any other day on which the Lessee's classrooms and related support facilities are closed for holiday,vacation or any other reason. Lessor shall pay Lessee a fee in the amount of ten dollars ($10.00) for each day on which it utilizes the gymnasium, auditorium, or gymnasium and auditorium on the Premises. Lessor shall also be responsible for any extraordinary cleaning or preparation expenses incurred during its utilization of the gymnasium or auditorium on the Premises. 21. Successors All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs,executors,administrators, successors,and assigns of the said parties; and if there shall be more than one Lessee,they shall all be bound jointly and severally by the terms, covenants, and agreements herein. No rights, however, shall inure to the benefit of any assignee of Lessee unless the assignment to such assignee has been approved by Lessor in writing as required hereunder. 22.Quiet Enjoyment Upon payment by Lessee of the rents herein provided,and upon the observance and performance of all the covenants,terms,and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the term of this Lease. 23.Miscellaneous Waiver. One or more waivers of any covenant, term, condition, or provision of the Lease by either party shall not be construed as a waiver of a subsequent breach of the same covenant, term, condition, or provision, and the consent or approval by Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed a waiver of Lessor's consent or approval to or of any subsequent similar act by Lessee.No breach of a covenant, term,condition, or provision of this Lease shall be deemed to have been waived by Lessor, unless such waiver(i) is in writing signed by Lessor, (ii) identifies the breach, and (iii) expressly states that it is a waiver of the identified breach. 10 Typed Provisions and Riders. Provisions typed on this Lease and all riders attached to this Lease and signed by Lessor and Lessee are hereby made a part of this Lease. Observance of Lessor's Rules and Regulations.Lessee shall keep and observe such reasonable rules and regulations now or hereafter required by Lessor,which may be necessary for the proper and orderly care of the building of which the Premises are a part. Maintaining Safety of Children on the Premises. Lessee acknowledges that the Premises is located within the State of Illinois' Elgin Mental Health Center (EMHC) and that the EMHC facility is accessed and utilized by EMHC employees, patients and visitors on a daily basis. Lessee agrees to implement any and all security measures necessary to ensure the safety of the children in the Lessee's classrooms and related support facilities on the Premises, including but not limited to,the escorting and supervising of children embarking and departing on buses to and from the Premises; the inunediate notification of police or other appropriate authorities upon learning that a minor has left the Premises without permission; and, the provision of a security system that will prevent persons other than employees, students or invited guests of the Lessee from accessing the Premises without the knowledge or permission of the Lessee. Compliance with Terms of Lessor's Intergovernmental Lease Agreement with State of Illinois. Lessee agrees to comply with all applicable provisions of the Lessor's Intergovernmental Lease Agreement with the State of Illinois (acting through the Department of Central Management Services on behalf of the Department of Human Services), a copy of which is attached to and made part of this Lease as"Exhibit B." Other Services. The Lessee shall be responsible at its cost for all services for the Premises including, but not limited to, cleaning and custodial, pest control, grounds maintenance, snow removal and refuse removal. Immunities. It is agreed and understood by the parties hereto that this Lease is not intended nor shall be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the Lessor and/or the Lessee and/or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, et seq., as amended, the Recreational Use of Land and Water Areas Act, 745 ILCS 65/1, et seq., and are otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the Lessor and/or the Lessee and/or their officials, officers, employees, and/or agents as a result of this Lease or any actions to the parties pursuant to this Lease. Notwithstanding anything to the contrary in this Lease, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this Lease and it is the intention of the parties hereto that no action may be commenced by any third party or entity against the Lessor and/or the Lessee and/or their officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this Lease. The provisions of this section shall survive any expiration and/or termination of this Lease. 11 End of Lease. Not later than the last day of the term of the Lease the Lessee shall at Lessee's expense remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of the Lessor, including trade fixtures, cabinet work, furniture and equipment; repair all injury done by or in connection with the installation or removal of the property improvements; and surrender the Premises in as good condition as it was at the beginning of the term of this Lease, reasonably wear and tear, accepted. All property of the Lessee remaining on the subject property after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and expense. No Partnership. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. Construction. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. The captions, section numbers, article numbers, and index appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease. Notice. Any notice, demand, request, consent, approval, or other instrument which may be or is required to be given under this Lease shall be sent by overnight courier or United States certified mail return receipt requested, postage prepaid, or via facsimile, and shall be addressed (a) if to Lessor,to the addresses set forth in the Basic Lease Provisions or at such other address as Lessor may designate by written notice, and (b) if to Lessee, at the address set forth in the Basic Lease Provisions,or at such other address as Lessee shall designate by written notice("Notice"). Brokers' Commissions. Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with the execution of this Lease, except as set forth in the Basic Lease Provisions, and each of the parties agrees to indemnify the other against, and hold it harmless from, all liabilities arising from any such claim including, without limitation,the cost of counsel fees in connection therewith. Recording. Lessee shall not record this Lease without the consent of Lessor, which may be withheld for any reason whatsoever,in Lessor's absolute discretion. Governing Law. This Lease shall be governed by,and construed in accordance with,the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Lease shall be in the Circuit Court of Kane County,Illinois. Partial Invalidity. If any provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable,the remainder of this Lease shall not be affected thereby and each provision of the Lease shall be valid and enforceable to the fullest extent permitted by law,and the remaining provisions of this Lease shall be interpreted so as to nearly as possible conform to the intent of the parties as indicated in this Lease. 12 Tax Exempt Status. Lessee hereby warrants and represents that it has applied for and will be obtaining the tax status of a tax exempt organization as defined by the Internal Revenue Service Code Section 501C(3). Lessee shall notify the Lessor in writing within thirty (30) days of any change in the Lessee's tax status. No Discrimination. Lessee shall not discriminate on the basis of race, color, religion, sex or national origin in the use of the Premises. Joint and Collective Work Product. This Lease is and shall be deemed and construed to be a joint and collective work product of the Lessor and the Lessee and, as such, this Lease shall not be construed against either party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistencies, ambiguity, vagueness or conflict, if any,in the terms or provisions contained herein. Liens and Encumbrances. Lessee shall not permit any mechanics lien or liens or encumbrances of any kind whatsoever to be placed on the Premises in connection with any labor, material performed or provided to the subject Premises at the direction of the Lessee. Compliance with Law.Notwithstanding any other provision of this Lease, it is expressly agreed and understood in connection with the Lease and occupancy of the Premises the Lessee shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wages,workplace safety and the legal status of employees. Without limiting the foregoing, the Lessee hereby certifies, represents and warrants to the Lessor that all of Lessee's employees and/or agents who will be providing products and/or services with respect to this Lease shall be legal residents of the United States. The Lessee shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful conducting of the school use on the Premises and the performance of any work Lessee is authorized to perform on the Premises. The Lessor shall have the right to audit any records in the possession or control of the Lessee to determine Lessee's compliance with provisions of this section. In the event the Lessor proceeds with such an audit, the Lessee shall make available to the Lessor the Lessee's relevant records at no cost to the Lessor. Captions.The captions of sections and subsections of this Lease are convenience only and shall not be deemed to limit,construe,affect or alter the meaning of such sections or subsections. No Encumbrances. Lessee shall not mortgage, pledge, or encumber this Lease, in whole or in part. Rate of Fire Insurance. Lessee shall not do or suffer anything to be done on the Premises which will cause an increase in the rate of fire insurance on the Premises. Counterparts and Execution. This Lease may be executed in several counterparts, all of which shall be an original and all of which shall constitute but one in the same instrument. Each person 13 signing this Lease hereby warrants, states and covenants that he or she has the authority to execute this Lease on behalf of the party whom he or she represents. 24.Disclaimers AS IS CONDITION. Lessor has made no warranty, express, implied or with regard to suitability for a particular purpose of the Premises nor any fixture nor equipment subject to this Lease. Lessee takes the Premises and any equipment or fixtures and machinery, to include, but not limited to, any fire alarm and sprinkler systems, and all heating and air conditioning and plumbing equipment in"AS IS CONDITION." Lessee specifically acknowledges that it shall be responsible for providing any and all heating, ventilating and air conditioning mechanical systems necessary to serve the Premises. Environmental Hazards. Lessor expressly disclaims any warranty regarding the presence or absence of any environmental hazard on, upon, beneath or within the Premises to include the presence of asbestos or other material. Americans with Disabilities Act. Lessor makes no representation that the Premises are currently accessible nor in compliance with the Americans with Disabilities Act (ADA). Lessee shall insure compliance with the ADA. 25.Entire Agreement This Lease and the Exhibits attached hereto and forming a part hereof, set forth all the covenants, promises,agreements,conditions, and understandings between Lessor and Lessee concerning the Premises and there are no covenants,promises, agreements, conditions, or understandings, either oral or written, between them other than are herein set forth. No alteration, amendment, change, or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by the party to be charged. [SIGNATURE PAGE TO FOLLOW} 14 IN WITNESS WHEREOF, Lessor and Lessee have signed this Lease as of the day and year first above written. LESSOR,City of Elgin, LESSEE,Elgin Charter School Initiative an Illinois Municipal Corporation a/k/a Elgin Math and Science Academy By: By: Sean R. Stegall,City Manager Its: ATTEST: ATTEST: By: By: Kimberly Dewis,City Clerk F:V.egal DeptWgreemrntkLease-515 Sports Way-Elgin Charter School-10-2-14.docx 15 Alan J.Coulson, P.C. I PROFESSIONAL LAND SURVEYORS PLAT OF SURVEY • I • t.R .11014011Mil.rwr..lMon►011.0•001YAM.P.1. WM..M..M... ...►Ya Maim 1• SWiOt01rMtMe►Mr0►wr1►►O.1•rwrr ftam•∎g1M01W.wMl. INIMIMR .r..i/�t A�IWtA1�I!hlllool �~M~Y 1101 1~hYw to/aM►weY�MM n)rs...M.Yliro 1 .b1i.1t01 low MAO w"rrsM. .S.s..www.M.r to .rc 1ae/r•Mwrw iMiM.►..w•M.�.•rum*Mm1 W�M11 M..rM1OI 10101 MlwMrl Id Mr.Mmm1•'MO WM M►M.M.IMIMI•AIY.wINII IM.MYg f•M 1►+OMt Y • IMAM*4.M1IM110.604r.tIt1i1•;..►A kook% esrwMlww.t•1w.1..t•YMrrr Mann MMrM.lMl.tw•.1M1r.r01wi•.wl.Ml.g11....w..l rrwM•r.t..w 1•Mow M rr. /1.Y..11r Wi1Ktw1•.11.rw•1•wMitl4trUwrWMw\t IO►IIII►w•.MOO•r M=Mb �� • tWi0.ta.1 N.1111/r••.1.r a■■wr i•r.•■MY Mrwr A.trw/w/arMtllrerwr c .1+1+ww+ a MiOw.�tY1~rt+iMw.M..~iw Nam O∎iwi..rt w.�..� ` ' 1•010 MrM.►Wrp.Yrr MY H.r►UMOr N.w1fIY.►M11MM/tllt•1111i4MR�►.M S \LL. w•.•rwM......0...rr44►0 wown•MMMryw.;Wastp..W ot.NR►.w0101rM.i ■ • ! w•10•••• t.. i\ . ■ ..... run .. U.S. K 1.7tJTE 20 (11.-r-P ..1 3".w r ,).�• L rte' M e'6`rµi.is W. at.e: trj r.►........ I •..... _. 1 ., 0 0.00.... w..■ t t M I 1 i 3' • J Y a NrKwR\VnVry Owl- . • ' Y '.�'//.:;_ y I ; G a I 1 1 1 ...... ,"... .. . ‘,.. „.....d.: .*1 1 ............rat.. - N N Y'...WV. , i 0,.. .. l « 1.n 1. • r M • .+ f9mozat.. I •• t 61'.O r6•aro>t.40144 (gS1tw.:MI W M ■ pvsre.rFt- 2 Io..11a Yeas 1}.t•...'v..-ma=y (4 iSLOY.3a 411,P0 • • Iki . I • • ' t ".MMZ..� tWM i ..... t 1 •.Ol.lt see 56...' ....r'.W R • • i • 1 1 NM M W.1 11...01...1 •.1,6441102.0 111•11I•■•• 0.1 MAle 7 MOM IL • / .•...w rl rS_I WeMNYM1. Yr1•Mrr. r.IMR .. 1&,.., ww•......►..1►..r1 r1MK.L r•1• ••.r q..11 ''"� w" "� EXHIBIT A . qua__ w 1..•.11r1•tr..trrw.11f w•1t.w . . . ..,1!rtw.w4.1•16r1Iiq C.w. • INTERGOVERNMENTAL LEASE AGREEMENT The parties,the State of Illinois,acting through the Department of Human Services(DHS), hereinafter called"Lessor"and the City of Elgin,hereinafter called"Lessee",for and in consideration of the terms and covenants hereinafter set forth,agree as follows: 1. PREMISES;The Lessor agrees to lease to the Lessee certain real property consisting of approximately 10 acres,improved by a building thereupon,commonly referred to as the"T&E" Building and more fully described as follows: That part of the Southeast Quarter of Section 23,Township 41 North,Range 8 East of the Third Principal Meridian,described as follows: Beginning at the intersection of the West line of said Southeast Quarter with the Southerly right of way line of U.S. Route 20;thence South 0 degrees 19 minutes 55 seconds West along the said West line,797.77 feet;thence South 86 degrees 17 minutes 50 seconds East 564.68 feet; thence North 03 degrees 42 minutes 10 seconds East 820.0 feet to the South line of. said U.S.Route 20;thence North 88 degrees 30 minutes 28 seconds West along said Southiline,612.05 feet to the point of beginning,in the City of Elgin,Kane County, Illinois. • 2. TERM:The term of this agreement will be for the period beginning• July 15, 2000 and ending December 14,2004. 3. RENEWAL:This Agreement will automatically be extended for additional 5 year periods, limited to a maximum of three(3)consecutive,additional 5 year periods,unless the Lessee notifies the Lessor of its intention not to renew the agreement within thirty(30)days of the original term or any automatic renewal thereof, 4. RENT:Lessee agrees to pay to the Lessor the sum of TEN($10.00)AND 00/100 DOLLARS • as the total rent due under the terms hereof,the receipt and sufficiency of which is hereby acknowledged by the Lessor. 5. USE OF PREMISES:Lessee agrees to use the property for the following purposes: • A. Subleasing a portion of the property to the Larkin Center,an Illinois not-for-profit corporation providing school facilities to emotionally disturbed children. B. Permitting the Elgin Boys and Girls Club to utilize a portion of the property occupied by the Larkin Center during time periods mutually agreed upon by the Lessee,the Larkin Center and the Elgin Boys and Girls Club. C. Recreational programming by the City of Elgin's Parks and Recreation Department in the • property's auditorium and on open fields adjoining the premises. EXHIBIT B Page 1 of 4 • D. Use of the premises for any other purpose,with the advance,express,written approval of the Lessor. • • Use of the premises for a purpose not compatible with the Elgin Mental Health Center's mission is strictly prohibited and will result.in automatic termination of this agreement. The purposes listed in subparagraphs(A),(B)and(C)of this Agreement are expressly recognized as being compatible with the Elgin Mental Health Center's mission. 6. NOTICES:All notices must be in writing and sent by certified mail,return receipt requested to: Lessor: Lessee: • Illinois Department of Human Services City of Elgin • Office of General Counsel Attn:Raymond Moller James It Thompson Center 150 Dexter Court 100 W.Randolph Street,Suite 6-400 Elgin,IL 60120-5555 Chicago,Illinois 60601 All notices so forwarded will be presumed received five(5)business days following mailing. 7. UTILITIES:Lessor will provide only steam and electricity to the building situated on the premises,commonly known as the T&E building until the later of occupancy by the Lessee or April 15,2000 after which time Lessee will provide all desired utilities,at its own cost,through the term of the lease and any subsequent renewals. Lessee specifically acknowledges that there is no potable water available,nor provided on the premises. Lessee agrees to be responsible for all sewer lines from and on the premises extending to the point of connection with sewer service as provided by the City of Elgin. - • & IAiSURANCE:Lessee agrees to obtain insurance providing coverage within limits acceptable to the Lessor at its own expense. Such insurance shall include single liability coverage of not less than$300,000,and coverage of leased space against fire and other damage. This Agreement is contingent upon a copy of the certificate of insurance being provided at or before the time of execution. This agreement will not take effect until the Lessee furnishes the Lessor with proof that the Lessee has obtained satisfactory insurance. 9. INDEMNIFICATION:Lessee agrees to indemnify, defend and hold harmless the State of Illinois,its employees agents and servants from any and all liability resulting from the use of the leased premises by the Lessee. 10. ADDITIONAL PROVISIONS:Lessee agrees to provide all necessary repairs and maintenance to the premises during the term of the agreement and any renewals thereof Lessor retains the right to enter the premises to repair the premises,if in the sole judgment of the Lessor, the Lessee has failed to make repairs necessary to assure that the premises are safe and structurally sound,after 10 days notice,with the cost ofany repairs being charged to the Lessee as additional rent. Page 2 of 4 • 11. MODIFICATIONS:The Lessee agrees to make,at no expense to Lessor,any necessary modifications or alterations of the premises necessary to its use of the premises. No structural repairs or modifications may be made without first obtaining the prior written consent of the Lessor. Lessee specifically agrees that it will erect no structure upon the premises,except as • provided herein,without first obtaining Lessor's written,prior approval. When selecting contractors to perform contemplated modifications or alterations of the premises,Lessee or its Sublessees shall evaluate the bids or proposals of not less than three general,contractors,or contractors as the case may be,taking into account costs,qualifications,ability of professional personnel,past records and experience,willingness to meet time and budget requiletrrents, locations,and the workload of the general contractor or contractor before Lessee or its Sublessees contract for any such work. Lessor agrees not to unreasonably withhold consent to necessary modifications or alterations. Lessee agrees to erect a chain link type fence surrounding the premises of not less than ten(10)feet in height with gated entrances,with access to the East connecting roadway to the Elgin Mental Health Center. Location of the gates will be as shown on Exhibit A,attached hereto and made a part hereof by this reference. The fence and gates will be erected and operable prior to occupancy by Lessee. Lessee is granted access to the property at any time subsequent to execution and prior to occupancy for the purpose of erecting said fencing. 12. RIGHT OF ENTRY:Lessor shall have free access to the leased premises,subject to all rights and privileges of the Lessee,to include but not limited to use of the blacktopped drive on the premises,as shown on Exhibit A,in order to access Elgin Mental Health Center,if and as necessitated by remodeling,re-paving or construction to Lessor's property. 13. EXPIRATION OF TERM:Upon the expiration of the term of this lease,or earlier • termination,the Lessee will yield possession of the premises to the Lessor without further notice. Lessee agrees to return the premises to the possession of Lessor in good,broom clean,condition, except for ordinary wear and tear. 14. OPERATION OF PROGRAMS:The parties agree that Lessee and Lessor's programs and operations are to function as completely separate entities,with no overlap of authority,duties or responsibilities other than those contained herein. 15. SUBLEASING AND ASSIGNMENT:Lessee shall not assign nor sublease any portion of the leased premises other than as indicated in paragraph 5 under this agreement without first obtaining written consent of the Lessor. 16. SUCCESSORS:The terms of this agreement are binding upon the parties and their successors and assigns. 17. BRIBERY:Lessee states that it has not bribed nor attempted to bribe any State Officer or official nor has it been convicted of any such offense,nor made an admission of any such prior conduct,which is a matter or record. 18. SEVERABILITY:The parties to this agreement agree that if any part of this agreement is found to be unenforceable or contrary to the statutes of the State of Illinois,the remainder of the lease will remain in full force and effect. Page 3 of 4 19. EXHIBITS:The following Exhibits are attached hereto and made apart hereof Exhibit A-Survey of the leased premises: 20. COMPLETE AGREEMENT:This agreement represents the complete terms of the agreement of the parties and may only be amended or modified by the written mutual agreement of the parties hereto. 21. This agreement supersedes any previous or existing agreement between the parties. 22. DISCLAIMER:Lessor has made no warranty,express,implied or with regard to suitability for any particular purpose of the premises nor any fixture nor equipment subject to this agreement. Lessee takes the premises and any equipment or fixtures and machinery,to include, • but not limited to,any fire alarm and sprinkler systems,and all heating and air conditioning and plumbing equipment in"AS IS CONDITION". The Lessor expressly disclaims any warranties and guaranties of any kind as to the Year 2000 readiness of the premises,building,fixtures,equipment and machinery conveyed hereunder. Lessee agrees that it will hold harmless Lessor for any such failure and any damages resultant thereto including any actual or consequential damages. Lessor expressly disclaims any warranty regarding the presence or absence of any environmental hazard on,upon,beneath or within the premises to include any presence of asbestos or other material. Lessor makes no representation that the premises are currently accessible nor in compliance with the Americans with Disabilities Act(ADA). Lessee will assure compliance with the ADA: 23. CHOICE OF LAW:This Agreement shall be governed by the law of the State of Illinois. 24. OPERATION OF PROGRAMS:Lessee agrees on behalf of itself,its employees,tenants, guests and invitees that it will abide by any and all reasonable regulations or policies regarding the safety and security of the premises to which the Lessor subjects its employees,tenants,guests and invitees. IN WITNESS WHEREOF:the parties hereto have hereunto set their bands and seals as of the day of ,2000. LESSOR: LESSEE: • State of: 'nois / City o lgin • a' 02 Seyvi title: tr • title: Cit Mans er — date: g 1 C0 date: -Tune 29, 2000 Page 4 of 4 Alan si. t:oulson, r.‘. . • PROFESSIONAL UINO SURVEYORS •• PLAT OF SURVEY _ . • • «...o.r..... • wr•..— ..n.w..-r Y.r.1.•I. i..i'•.a...r•�.•i:�.We.••.•�.w or...* Mr: *NR..M.I..� .�• +w rr�n ter.....M.........�.r.....w ..wry.ww..r.w...r.r r..=•••I:.w.r r.w. `''.rn.•...i.W.._ Mw r.Vi�r w.wb 64f,Of oo.Wr.. ww F • s • Iv 1 1+I ZO (y.•.. i i .%1 7 • K N'•••tivR [n •■■ £l I IF 1 • : 1`-t.;i 4' iii '" ' r-„ . Ma i I + 1/11ft••• rKw f • i I as II ?i It Iii i s i K ' f • II to..,ti.....�..:. t x �-.. 1/.11•_,,..., i 3 I H •1_• l i •••• S. • •• • , 0..t...... • t I f • .r...... t..e Mme• �' +. ��.�... ----- EXI`4(Q!/ Q • • April 25,2000 • Mr.Erik Anderson,Executive Director Boys and Girls Clubs of Elgin 164 Division Street,#401 Elgin.IL 60120 Re: Sublease of a Portion of the T&E Building'at the Elgin Mental Health Center Dear Mr.Anderson: This correspondence represents a letter of intent by the Larkin Center(Lessor)to sublease a portion of the school building located at the Elgin Mental Health Center and commonly referred to as the"T&E Building"to the Boys and Girls Clubs of Elgin upon the following terms: • 1. Poriioni of thy T&B Building robe Subleased. 1. The areas of the building would include the entrance lobby on the north side of the building,adjoining the current cafeteria and the auditorium;the auditorium,the large gymnasium and related washrooms;and the game room(small gym). • 11 Alterations and Code Compliance. 1. Lessee accepts the premises"As Is"and Lessor shall not have any obligation to alter or improve the premises to comply with any applicable code or regulation for use by Lessee. If,at any time,it is determined that alterations or additional fixtures are required to comply with any governmental requirement,Lessee may terminate the sublease if it determines that the costs for such compliance is not within its budget. 111. Use of thcPremises. i. the premises shall only be used as a part-time recreationalieducaiionat facility,compatible with the Elgin Mental Health Center's mission. Exhibit D Mr. Erik Anderson April 25,2000 Page 2 2. Lessee's use of the premises shall be limited to weekdays after Lessor's • normal school hours from 2;30 p.m.until I0:30 p.m.and on weekends and days that Lessor does not conduct its school operations when such facilities are not scheduled for use by Lessor or the City of Elgin Parks and Recreation Department 3. Lessee's use of the premises shall comply with all requirements imposed upon Lessor under its lease of the premises or by applicable law or any insurance company insuring the premises. 4. Lessee shall remove ill materials,equipment,waste and personal effects from joint use areas after each use by Lessee. Nottnal janitorial services shall be provided by Lessor. Lessee shall use its best efforts to limit the amount of janitorial time required to clean the premises. 5. All minor occupants of the premises shall be supervised at all times by one or more adults. Minor occupants of the auditorium shall be supervised by not less than two adults at all times during such occupancy. lV. gam. 1. Rent for unlimited use of the game room(small gym),which shall be used exclusively by Lessee during the term,and for use of the Gymnasium not more than three(3)days per week,shall be$500 per month. 2. Rent for the Auditorium shall be$50 per use. 3. All rents shall be subject to adjustment after the first fill!calendar year of the sublease.if it is determined by Lessor by evaluating actual costs,that the above rent amounts do not accurately reflect the additional costs incurred by Lessor as a result of the occupancy by Lessee. V. Contingencies. Lessor's obligation to sublease to Lessee would be contingent upon: 1. Lessor's successful negotiation of an acceptable 201car,or longer lease with the City of Elgin for the T&E Building; oeiie.s000 03:23 PAZ $47e915e1e LARti1N c®rTBR dos • Rev.James Marx • Mr.E ilc Anderson April 18,2000 Page 3 • • V. rad11111118121. Lessor's obligation to sublease to Lessee would be contingent upon: 1. Lessee's successful negotiation dun acceptable 20-year,or longer lease with the City of Elgin for the T dt B Building 2. Lessee providing evidence of insurance to the extent required ofLessor under its lease of the ptamises from the City ofBlg5i ^" 3. Lessee chap agree to indemnify Lessor for any liabdlhy or cost(other than building(ether than building utilities and maintenance)incurred by Laser as a result ofLeasee's occupancy of the premiss;and 4. The approval of the boards of direetare of both aeons. VL Teamina ionof Sublease by Lessee. Leases shall have the right to terminate the sublease at any time doting the term by giving Lessor 30-days'prior notice. Lessor may terminate the sublease if the premises are vacated by Lessee for 60 days. VII. Parti.,�T. It is understood that this letter of intent is not intended to be a contract and shall not be construed as a written agreement of the parties. Indeed,this letter ofintent represents the undemanding of the patties as to the matter set farts above,end is intended to be used as a reference for preparing any final,binding,written agreements as to which the parties may subsequent:1Y agree. Upon my receipt of your acceptance of this letter of latent.I will instruct our legal counsel to prepare a formal lease agreement In accordance with the pazaactecs set forth herein. Very truly yours, TliE LARRIId CENTER By '•' +^- • Karen Beyer, Director • • • • Rev.James Marx Mr.Erik Anderson April 18,2000 Page 4 hQCEPTANCF The undersigned hereby accepts the matters set forth in the above letter of intent. as representing an accurate description of the preliminary negotiations between the parties as to the matters set forth herein. • • BOYS&GIRLS CLUB OF ELGIN BY _ /i/s. Its: ' • City of Elgin 1` —City --:f Ed Schack Council Members Juan Figueroa Robert Mem Ruth Munson John Weis Shams Ikiellowald Marie Yeoman City Manager Joyce A.Parker September 20, 2000 • Mr. Dick Peterson The Larkin Center 1212 Larkin Avenue Elgin, IL 60123 Re: Lease Regarding Mental Health Center Property Dear Mr. Peterson: After you left, I found that we had an extra set of exhibits in our file which should be attached to the lease. Accordingly, I am enclosing Exhibits A through D. Sincerely, Dolonna "Loni" Mecum, CMC City Clerk 847/931-5660 dkm Enclosures 150 Dexter Court• Elgin, IL 60120.5555• Phone 84719314100•Fax 8471931-5610•TDD 8471931.5616 19 Mona on woad pa'.,