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HomeMy WebLinkAboutG39-20 Ordinance No. G39-20 AN ORDINANCE AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ALIGNMENT COLLABORATIVE FOR EDUCATION, INC. FOR OPERATIONS AT 31 S. GROVE AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute a Commercial Lease Agreement on behalf of the City of Elgin with the Alignment Collaborative for Education,Inc.,for operations at 31 S. Grov Avenue,a copy of which is attached hereto and made a part hereof by reference. David J. K ain, ayor Presented: October 14, 2020 Passed: October 14, 2020 Vote: Yeas: 7 Nays: 0 Abstain: 2 Recorded: October 14, 2020 Published: October 16, 2020 - sx.-( ides RLi Tvi . b< Le v. _ f.r'e,� ,ya ce: RN Kimberly De , City Clerk r \� �` 6 __li* 8/4/2020 COMMERCIAL LEASE AGREEMENT THIS LEASE(hereinafter referred to as the"Lease")is made and entered into as of the 14 day of Z)67 6.er, 2020, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "Lessor"), and the Alignment Collaborative for Education, Inc., an Illinois not-for-profit corporation (hereinafter referred to as "Lessee"), and constitutes a Lease between the parties of the 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: Term of Lease: Beginning January 1, 2020 and ending December 31, 2020, unless otherwise terminated as provided herein (the "Initial Term"). This Lease shall be automatically renewed for successive one-year terms thereafter (each a Renewal Term) unless either party provides the other party with not less than sixty (60) days prior written notice prior to the end of the Initial Term or the Renewal Term of its intention not to renew 'j the Lease. Lessor's Name and Address: City of Elgin 150 Dexter Court, Elgin, Illinois 60120-5555 Lessee's Name and Address: Elgin Area Chamber of Commerce 31 South Grove Avenue, Elgin, Illinois 60120 Building: 31 South Grove Avenue, Elgin, Illinois Premises to be Leased within Building: Those portions of the first floor of the Building and the basement level of the building depicted as "A.C.E. area" on the attached plans for the first floor and basement levels of the Building prepared by BERNA Architects and Design, dated October 18,2019,consisting of two(2)pages,attached hereto and made a part hereof as Exhibit A. That portion of the first floor and basement level of the building depicted as "E.A.C.&A.C.E. area" on the attached Exhibit A are shared lease spaces between the Lessee and the lessee Elgin Area Chamber of Commerce. The Lessee shall schedule and coordinate the use of such shared spaces with the Elgin Area Chamber of Commerce. Rent: None. Permitted Use: General office purposes. Common Areas: The common areas on the first floor and in the basement levels of the building are those areas depicted as"COMMON area" ("Common Areas") in Exhibit A attached hereto. The Lessee's use of the Common Areas is non-exclusive to be shared with other lessees of the Building and the City. Lessee's use of the Common Areas is limited to ingress and egress through such areas and accessory uses to Lessee's Permitted Use for limited time periods. Lessee's use of the Common Areas is subject to Lessor's reasonable regulations. Lessee shall schedule and coordinate the use of the Common Areas with the other lessees occupying the Building. Lessee's use of the Common Areas shall not unreasonably interfere with the use of other lessee areas or the Common Areas by other lessees of the Building or the City. Security Deposit: None. 2. Grant Premises. Lessor is leasing the area depicted on Exhibit A to this Lease within the commercial office building commonly known as 31 South Grove Avenue, Elgin, Illinois (hereinafter referred to as the "Premises") to Lessee in consideration of the rent to be paid and the covenants to be performed by Lessee. 3. Rent Lessee will not be required to pay to the Lessor any monetary rent under the terms of this Lease. 4. 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 2 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. Care of Premises. Lessee shall keep the Premises (including the service areas adjacent to the Premises, windows, and signs) orderly, neat, safe, and clean. 5. Alterations; Lessee and Lessor Alterations Lessee may make interior revisions to the Premises, subject to all applicable code regulations and prior written approval of Lessor,which approval 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 worker'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. 6. Signs Lessee agrees not to use any advertising media without first receiving written approval from the Lessor. All signage shall be professionally prepared and 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. 7. Maintenance of Leased Premises Lessor shall provide at its cost for the maintenance of the Premises. Notwithstanding the foregoing, in the event any maintenance or repairs are necessary for any damage to the Premises caused by an act of omission of the Lessee and/or its officers,employees,agents and/or invitees,the costs to repair such damage shall be paid for by the Lessee. Additionally,Lessee shall at its cost keep and maintain the Premises in a clean, sanitary and safe condition in accordance with all applicable legal requirements. Lessee further agrees to comply with any and all requirements of the insurance underwriters insuring the Premises. Lessor also shall maintain the exterior of the Building as well as the Building's mechanical systems and its exterior and interior common areas. 8. Insurance 3 As additional rent for the Premises,Lessee shall procure and maintain policies of insurance written in occurrence form, 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$1,000,000.00, 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 $1,000,000.00, and for damage to property in an amount of not less than$500,000.00 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 worker's compensation claims. C. 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,without limitation,vandalism and malicious mischief. D. 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. Lessee shall provide Lessor with a Certificate of Insurance naming Lessor as an additional insured party indicating the above coverage on an annual basis. 9. Covenant to Hold Harmless To the fullest extent permitted by law,Lessee agrees to indemnify,defend and hold harmless Lessor, its officers, employees, boards and commissions from and against any and all claims, suits judgments,costs, attorney's fees,damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Lessee's officers,employees or agents in the performance of this agreement. In the event of any action against the Lessor, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the Lessor's choosing. The provisions of this section shall survive any expiration and/or termination of this Lease. 10. Utility Charges Lessor 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,provided,however,that Lessee shall be solely responsible for the provision and payment of telephone services for the Premises. 4 11. No Assignment or 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 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. 12. 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.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 Premises. 13. Destruction of Leased Premises In case the Premises shall be rendered untenable 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 shall have been wholly destroyed,the term hereby created by the Lease shall cease and terminate. 14. 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 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. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the 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 not pursue its own claims for damages with the appropriate government authority. 15. 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 5 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.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 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, re-enter 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. 6 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 Premises. Lessee Remedies. If the Lessor violates or breaches any term of this Lease, and in the event the Lessor fails to within thirty(30)days after notice thereof by the Lessee to comply with the conditions of this Lease, Lessee as its sole and exclusive remedy may terminate this Lease. Notwithstanding anything to the contrary in this Lease, no action shall be commenced by the Lessee, any related persons or entities, and/or any of their successors and/or assigns against the Lessor for monetary damages. 16. 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. 17. 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,lessees or mortgagees,and to make such repairs, alterations, improvements, or additions as Lessor may deem necessary or desirable. 18. Miscellaneous Voluntary Termination of Lease. Notwithstanding any provision herein, either party may terminate this Lease upon ninety (90) days written notice to the other party. 7 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. 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 Premises and the Building. No Partnership.Nothing contained in this Lease 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 j oint 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, and shall be addressed to the addresses and persons set forth hereunder: Alignment Collaborative for City Manager Education, Inc. City of Elgin do School District U-46 150 Dexter Court 355 E. Chicago Street Elgin, IL 60120-5555 Elgin, Illinois 60120 Attn: Nancy H. Coleman With a Copy To: Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 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 agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 8 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. Corporate Name. Lessee shall retain the use of the word "Elgin" in its corporate name during the term of this Lease. Tax Exempt Status. Lessee hereby warrants and represents that it is a tax exempt organization as defined by the Internal Revenue Service Code Section 501 C(3). Lessee shall notify the Lessor in writing within thirty(30)days of any change in the Lessee's tax status. In the event the Lessee's tax status changes during the term of this Lease, or in the event of the dissolution of Lessee,the Lessor may terminate this Lease upon thirty(30)days written notice to Lessee,and the Lessor shall have no further obligations hereunder. No Discrimination. Lessee shall not discriminate on the basis of race, color, religion, sex or national origin in the use of the Premises. Surrender. At the expiration or earlier termination of the Lease, 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 excepted. All property of the Lessee remaining on the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by the Lessor,and Lessee shall reimburse the Lessor for the costs of such removal. Lessor may have any such property stored at Lessee's risk and expense. Liens and Encumbrances. Lessee shall not permit any mechanics lien or liens or encumbrances of any kind whatsoever to be placed upon the Building or the Premises in connection with any labor material performed or provided to the Building or the Premises at the direction of the Lessee. Compliance with Laws. Notwithstanding any other provision of this Lease, it is expressly agreed and understood that 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. No Encumbrances. Lessee shall not mortgage,pledge,or encumber this Lease,in whole or in part. Real Estate or Leasehold Taxes. The parties anticipate that the Premises will continue to be exempt from real estate taxation. However,Lessee shall be required to pay its proportionate share of any real estate taxes, and any leasehold taxes or other taxes which may be levied, charged, and/or assessed against the Premises during the term of this Lease,and Lessee shall also pay all interest and penalties imposed upon the late payment of any obligation under this section. 9 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 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. 19. 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. 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. Lessee will not keep or use or permit to be kept or used in or on the premises or any place contiguous thereto any flammable fluids, hazardous substances, explosives or space heaters. For purposes of this Lease, (a) "hazardous substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Premises is located that relate to health, safety or environmental protection; (c)"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Lessee shall not cause or permit the presence, use, disposal, storage, or release of any hazardous substances, or threaten to release any hazardous substances, on or in the Premises or the Building. Lessee shall not do,nor allow anyone else to do,anything affecting the Premises or the Building(a) that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c) which, due to the presence, use, or release of a hazardous substance, creates a condition that adversely affects the value of the Premises or the Building. Lessee shall promptly give Lessor written notice of(a)any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any hazardous substance or Environmental Law of which Lessee has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any hazardous substance, and (c) any condition caused by the presence, use or release of a hazardous substance which adversely affects the value of the Premises or the Building. If Lessee learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any hazardous substance affecting the Premises or the Building is necessary, Lessee shall promptly take all necessary remedial actions in accordance with 10 Environmental Law. Nothing herein shall create any obligation on Lessor for an Environmental Cleanup. 20. 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. IN WITNESS WHEREOF,Lessor and Lessee have signed this Lease as of the day and year first above written. LESSOR: LESSEE: CITY OF ELGIN, an Illinois municipal ALIGNMENT COLLABORATIVE FOR corporation EDUCATIONN, INC. By: J /i/- Ric and G. Kozel, City a er / Its: XCEee- tl/<1��G-tom Attes Attest: si,•pi City Clerk F:\Legal Dept\Agreement\Lease-Alignment Collaborative for Education Inc-31 S Grove-8-4-20.docx 11 ZI V 1ISIHX3 a N L_ a. a a W N o 0 / Q) a O Q) a o /ty o . Q L_ L- z O ° ' O U U W Q >_ ♦♦ Q Q 0• z o H- /- -1' % 4fr Li w w Q o U U WII%IIi �. - . . t/ . • (!oil_ • 1% ‘ • ..,., OA :_ li�III o` % .07 . � ►••�► ♦♦ ►���� • ►�� ii, F \ ♦♦ ��,` 1—icH . \ irg I 4 I /411! */ ill__ In i AO I + ++ +- ,� Q Jgam +++++++++ + + + + + + + + + 4. 4. ki-Ar i, 0 + + + + + + + + + + + + + + + + + P• + ++.+++ iv -.N, _ i• +++++++ - - . , + + + + + + + _ + + + + + +16.• + + +1 + li 4. 4D , ++4. . ... .., ,,,.. ...., , 4. + +4 + ... + + + a + + + + — i—__. .41.-. 31 SOUTH GROVE AVE. REV. DATE SMUT TITLE PROJECT NO. BERNA FIRST FLOOR 18100 RENOVATION FOR DOWNTOWN - PLAN ARCHITE��1 A NEIGHBORHOOD ASSOCATION OHM221 D '•='r DESIGN -Di CITY OF ELGIN DATE 1 A Elgin, " ••la 80120 ELGIN, ILLINOIS 60120 OCT. 18, 2019 GB2 1ARCH®eoLcom 0 0 0 0 • W 0 0 02 0 0 0 U 0 0 b- �. f Q 0 0 z 0 U U AV - 1H (n Q •Q U Z 0 it / �I ,•♦`• W W W Q 0 U a I N, 'Y \ I. Mill ++++++ U „, 4 ' • :>< \ 1 11111 ++++ ant 44 .b v i.'4'4--.*-4 lb:A l 1,*‘ 4t IR ? ' i IR iR to *.,.4, L) L) L, ♦♦♦♦♦ ♦♦♦ ♦f ♦`.♦ ♦. 4 , 3 O 0 .♦♦♦♦♦ ♦♦♦•♦,♦♦ ♦ 0 0 c o o 0 o o • cot .*♦♦♦ �♦♦♦� Doo u 4000000000 •S�♦♦♦♦1 0. 0C ) 00000000000 ►•♦I 00 0000000000000w O 0 • — • 001000000c000j0 � 3 O ow 0 0 0 0 0 0 0 0 0 0 0 0 ' O 0x ) 0000B000000 aJ zti Dooc o0000000000 � 2 O 000 j3 .rnooc00000ECo a, z -A 0000000000 Z - 000000000 w 00000000 • w • 0 0 c 0 0 0 0 • co � 000000O • Q liv____ ) 000000 . m - 00000 ' IR00000 ' all) 31 SOUTH GROVE AVE. REV. DATE ROM r� PROJECT NO. BERNA RENOVATION FOR DOWNTOWN BASEMENT 18100 FLOOR PLAN AR CfiITE�� DPsSIGN NEIGHBORHOOD ASSOCATION �r 221 D ',O. -M CITY OF ELGIN DATE 2A Elgin, n "is 80120 ELGIN, ILLINOIS 60120 Oct. 18, 2019 GB22 ARCH@aoLcom I Csyo D 0 �0 (74 0� Ill o _ n . irk _: THE CITY IN THE SUBURBS- MEMORANDUM To: Mayor and City Council Members From: Richard G. Kozal, City Manager Date: 14 October 2020 Re: Other Business Items 5, 6,7 and 8 Lease Agreements for 31 S.Grove Avenue Tenants The city has been leasing the property it owns at 31 S. Grove Avenue to several not-for-profit or- ganizations serving the city.Those organizations include the Elgin Area Chamber of Com- merce; Elgin Symphony Orchestra; Downtown Neighborhood Association of Elgin;and,the Alignment Collaborative for Education, Inc.The current lease agreements with these organiza- tions have expired and new, revised leases have been created. The lease agreements provide for a lease term of January through December 2020 with auto- matic renewal provision for successive,one-year terms unless either party provides the other party with not less than 60-days prior written notice before the end of the initial term or renewal term of its intention not to renew the lease. The leases also may be terminated by other party by 90-days written notice to the other party. Consistent with the previous lease agreements,there is no monetary rent being charged and no security deposits. Public disclosure of the proposed leases providing a reasonable opportunity for any person to submit alternative proposals or bids is required by law.The city published such notice in the lo- cal newspaper and on the city's website.The city received no proposals in response to those notices.