HomeMy WebLinkAboutG52-21 Ordinance No. G52-21
AN ORDINANCE
AUTHORIZING EXECUTION OF AN AMENDMENT TO COMMERCIAL LEASE
AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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 an Amendment to Commercial Lease Agreement on behalf of the City of
Elgin with the Elgin Symphony Orchestra,for operations at 31 S.Grove Avenue,a copy of which is
attached hereto and made a part hereof by reference.
David J. Ka in, M yor
Presented: October 13, 2021
Passed: October 13, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 13, 2021 �
Published: October 15, 2021 r
Attest:
4
Kimberly Dewis, Cit C erk
AMENDMENT TO COMMERCIAL LEASE AGREEMENT
This Amendment Agreement("Amendment")to a Commercial Lease Agreement is made
and entered into as of the 13th day of October,2021,by and between the City of Elgin,an Illinois
municipal corporation(hereinafter referred to as the"Lessor"),and the Elgin Symphony Orchestra,
an Illinois not-for-profit corporation (hereinafter referred to as "Lessee").
WHEREAS, the Lessor and Lessee have previously entered into a Commercial Lease
Agreement dated October 14, 2020, wherein the Lessor leased to the Lessee a portion of the
property owned by the Lessor at 31 S. Grove Avenue, Elgin, Illinois, 60120 (hereinafter referred
to as the "Subject Lease"); and
WHEREAS,the parties wish to amend the Subject Lease to remove three office areas from
the Subject Lease which are no longer being utilized by the Lessee and which the Lessor intends
to lease to another party.
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth in the
Subject Lease and this Amendment to the Subject Lease, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. That Section 1 of the Subject Lease is hereby amended by amending the subsection
therein entitled "Premises to be Leased within Building:" to read as follows:
"Those portions of the first floor of the Building and the basement level of the Building
depicted as "E.S.O. area" on the attached plans for the first floor and basement levels
of the Building prepared by BERNA Architects and Design, dated September 9, 2021,
consisting of two(2)pages, attached hereto and made a part hereof as Exhibit A."
2. That Exhibit A to the Subject Lease is hereby amended by substituting for such exhibit
the attached plans for the first floor and basement levels of the building prepared by
BERNA Architects and Design, dated September 9, 2021, consisting of two(2)pages.
3. That except as specifically amended in this Amendment to the Subject Lease,the terms
of the Subject Lease shall remain in full force and effect.
4. This Amendment may be executed in counterparts, each of which shall be an original
and all of which shall constitute one and the same agreement. The parties acknowledge
and agree that this Amendment may be executed by electronic signature, which shall
be considered an original signature for all purposes and shall have the same force and
effect as an original signature. Without limitation "electronic signature" shall include
faxed versions of original signature or electronically scanned and transmitted versions
(e.g. via PDF) of an original signature.
5. That in the event of any conflict between the terms of the Subject Lease, and this
Amendment to the Subject Lease, the terms of this Amendment to the Subject Lease
shall supersede and control.
IN WITNESS WHEREOF, the Lessor and Lessee have signed this Amendment as of the
day and year first above written.
LESSOR: LESSEE:
CITY OF ELGIN, an Illinois municipal ELGIN SYMPHONY ORCHESTRA
corporation
By: y:
ity Manager Chief Executive Office
Attest: Attest: nn
Y
City Clerk
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31 SOUTH GROVE AVE. REV. DATE SHM Tara pMWT No. BERNA
RENOVATION FOR DOWNTOWN BASEMENT 2ioa
FLOOR PLAN ARCH TTEgDESIGN
NEIGHBORHOOD ASSOCATION sNEer 221 DET
CITY OF ELGIN DAT8 2A Elgin, so12o
ELGIN, ILLINOIS 60120 SEPT 9,202� GB2 LARCH®aol.com