HomeMy WebLinkAbout04-300 Resolution No. 04-300
RESOLUTION
RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL LEASE AGREEMENT
TO UTILIZE SPACE WITH THE STATE OF ILLINOIS
(600 S. State Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby ratifies the execution of an Intergovernmental Lease Agreement to Utilize Space by
William A. Cogley, Corporation Counsel, with the State of Illinois, Department of Central
Management Services,on behalf of the Department of Human Services for the property consisting of
approximately 28,000 square feet located at Building 67, Elgin Mental Health Center, 600 South
State Route 31, Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: November 17, 2004
Adopted: November 17, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
OCT-20-2004 15:54 CMS 312 814 6664 P.02
INTERGOVERNMENTAL LEASE AGREEMENT
TO UTILIZE SPACE
Lease No.6041
The parties, the State of Illinois, acting through its Department of Central Management
Services (CMS), on behalf of the Department of Human Services, Lessee, and the City of
Elgin, hereafter called Lessor, agree to the following lease on the terms and conditions listed
below (hereinafter the "Lease").
1. PREMISES: Lessor agrees to lease to Lessee certain real property consisting
of approximately 28,000 square feet located at Building 67, Elgin Mental Health Center,
600 South State Route 31, Elgin, Illinois 60120. Such building, which is incorrectly
identified as Building 69 in that certain Agreement for Sale of Real Property between
Lessee and Lessor dated June 18, 2004, and correctly identified within the circled area of
the aerial photograph set forth in Exhibit A which is attached hereto and is made a part
hereof by this reference (hereinafter the "Leased Premises"). Lessee and Lessor agree to
share access to the Leased Premises and Lessee acknowledges and accepts any
inconveniences, delays or disruptions such shared access may cause to Lessee, Lessee
acknowledges this access may be blocked or otherwise impeded, and hence the Lessee
may not be able to access the Leased Premises by automobile, on and after the
expiration of the Term of this Lease.
2. TERM: The term of this Lease is for six (6) months beginning October 15, 2004
and ending April 14, 2005. Upon expiration of the lease term, Lessee will yield possession
of the Leased Premises to Lessor.
3. RENT: Lessee agrees to pay marginal rent in the amount of$1.00 per month.
Lessor agrees to waive rent.
4. USE OF PREMISES: Lessee agrees to use the Leased Premises solely for the
purpose of conducting State of Illinois business.
5. TERMINATION: Lessee has the option to terminate this Lease upon thirty (30)
days prior wntten notice to Lessor.
6. NOTICE: All notices will be sent to the following mailing addresses: Lessee,
Department of Central Management Services, Real Estate Division, Room 721, Stratton
Building, 401 S. Spring Street, Springfield, Illinois 62706 and Lessor, City of Elgin, 150
Dexter Court, Elgin, IL 60120 Attention: City Clerk with a copy to Corporation Counsel.
7. MAINTENANCE, OPERATING EXPENSES AND TAXES: Lessee shall be
responsible for all maintenance and repairs of the Leased Premises and respective
parking facilities. In addition to the maintenance, Lessee shall be responsible for all
operating expenses, utilities, janitorial services, lawn maintenance and snow removal and
any and all taxes, including but not limited to real estate taxes, if any.
OCT-20-2004 15:55 CMS 312 814 6664 P.03
8. PARKING: Lessee shall have available for its use, parking for approximately
170 vehicles in areas referred to as the parking lot adjacent to Building 67, Northwest
corner, parallel parking on the Ring Road, and gravel parking lot Southeast corner.
9. MODIFICATION: Lessee will not make any modifications to the Leased
Premises.
10. RIGHT OF ENTRY: Lessor will have unlimited access to the Leased Premises
subject to all rights and privileges of the Lessee.
11. SECURITY: Lessee will adhere to State of Illinois and Department of Human
Services policies relating to security and emergency situations, and maintain all sentry,
life-safety systems, and monitoring of said systems.
12 SUBLEASING AND ASSIGNMENT: Lessee shall not assign or sublease its
rights under this Lease.
1
13. HOLDOVER: If after expiration of the Lease, Lessee retains possession of the
Leased Premises, the Lease shall continue in full force and effect on the same terms and
conditions except the Lease shall be on a month-to-month basis and Lessee shall pay rent
monthly in arrears, subject to legislative appropriation in the amount of$5,000.00 per month.
14. LIABILITY: It is agreed and understood that the Lessor shall not be liable for
any damage or injury to any person or property caused by or resulting from the acts or
omissions of the Lessee or its agents, or caused by or resulting from steam, electricity,
gas, water, rain, ice, snow or any break or flow from or into any part of the Leased
Premises, or from any and all other damage or injuries resulting or arising from any other
cause or happening whatsoever. Lessor shall not be responsible for any defect, latent or
otherwise, in the Leased Premises, or change of conditions in the Leased Premises, or for
any damage to the same or to any person, or to goods or things contained therein, by
reason of any matter or thing whatsoever, Lessee assuming all the risk and responsibility
with reference to the present or future condition, tenantability, management, operation or
control of the Leased Premises.
This Lease supersedes any previous or existing agreement between the parties.
OCT-20-2004 15:55 CMS 312 814 6664 P.04
IN WITNESS WHEREOF, the parties have caused this instrument consisting of three (3)
pages to be made and executed by authorized parties on the dates shown below.
LESSOR LESSEE
City of Elgin State of Illinois
150 Dexter Court Department of Central Management Services
Elgin, IL 60120-5555 On behalf of the Department of Human
Services
721 Stratton Office Buildi •
401 South; ing��;
Springy . Ili 06
By li1/Y �� By _ . .
Title +-o.-t -- Title Pirecfe/
Date 1 o — 5 - "L- )1=11/4* Date %D -- 2 0- 0 Y
Approval at to Le9a
Form 1 own
F:\Legal DeptiAgreement\Lease-600 S State-EMHC.doc
TOTAL P.74