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HomeMy WebLinkAbout81-0127 Old Main • 3 i- . : VOLUME XLH/ 1 RESOLUTION • AITH-PRI Z 141 i A LEASE FOR OLD MAIN' : • WHEREAS, the City of Elgin acquired certain property in the City of Elgin known as Old Main in 1977 from the Elgin Academy for future use as a historical museum or other governmental and charitable uses; and 1 • • WHEREAS, Old Main, constructed in 1856, is the oldest non-residential building in the City of Elgin and was the first building in the City of • Elgin to be placed on the National Register of Historic Places; and WHEREAS, restoration was commenced as a Bi-Centennial project with funds jointly raised by the City of Elgin and the Bi-Centennial Committee of the Elgin Historical Society; and WHEREAS, the Elgin Historical Society possesses many significant historical documents and artifacts relating to the City of Elgin and has no permanent facility to display these items; and WHEREAS, the Elgin Historical Society has agreed to restore the • interior of Old Main and establish, maintain and operate a historical museum and to provide public access to its historic artifacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City 'Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a lease with the Elgin Area Historical Society for the premises commonly known as "Old Main" located at 350 Park Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. • s/ Richard L. Verbic • r er ic, yor Presented: January 27, 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays 0 Recorded: • Attest: • • s/ Marie Yearman • Marie Yearman, City clerk . RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 1 IN A CON-TRACT WITH JOHN C. UNRUH, INC. , FOR THE CONSTRUCTION . OF STORAGE AND -MAINTENANCE BUILDINGS . AT LORD'S PARK AND PUBLIC WORKS YARD • Councilwoman Nelson made a motion, seconded by Councilman Barnes to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill , Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. L L s E_ ft THIS LEASE rade and entered into this 422 day of _ L,' 1981 between the CITY OF ELGIN-, a Municipal Corporation, of the State of Illinois , hereinafter called Lessor and the ELGIN AREA HISTORICAL SOCIETY, a not-for-profit corporation of the State of Illinois, hereinafter called Lessee WITNESSETH: Lessor, for and in consideration of the agreements of Lessee hereinafter mentioned, hereby leases to Lessee and Lessee hereby leases from Lessor the premises legally described as: The South 163. 0 feet of Lot 25 (measured along the West line) and the South 163. 0 feet of the West 121. 0 feet of Lot 24 (measured along the South and West lines) of B. W. Raymond 's Addition to Elgin, according to the Plat thereof recorded on Page 3, Book A of Elgin City Maps and recorded in Geneva, Illinois on October 3, 1845. Being situtated in the City of Elgin, Kane County, Illinois and commonly known as "Old Main" . 1. The premises shall include the building located on said property known as the "Old Main" except that portion of the building at the southwest corner and south sides immediately adjacent to the entrance at that location which includes approximately 650 square feet, as measured from the outer portion of the exterior walls to the center of the interior walls. 2. The term of this Lease shall be for twenty-five (25) years from the date of this Lease. 3. Lessee agrees to pay to Lessor as -rent for said premises the sum of One Dollar ($1. 00) per year. 4. Said premises shall only be used to establish, maintain and operate a historical museum including the sale of historical memorabilia and souvenirs without the express written consent of Lessor or as provided herein. The premises shall not be used as a parking lot and no barriers shall be erected between the premises and the adjoining property. . - 5. Lessor covenants and agrees: A. To provide and pay for all utilities to the premises. B. To maintain the heating, cooling and plumbing systems. C. To maintain the exterior of said building although exterior windows shall be cleaned not more than twice a year at such times as Lessor determines. D. To install and maintain a burglar and fire alarm system connected. to the Lessor' s alarm board. E. To install and maintain an elevator within said building. F. To maintain the interior of said building except those items that are required to be maintained by the Lessee or caused by the negligence, carelessness or waste of the Lessee 's agents or employees. G. To maintain the grounds around the building except for the removal of snow from the sidewalks, stairs and entrance- ways. - H. That all personal property belonging to the Lessee . g or other occupants shall not be insured for loss or casualty by the Lessor, but Lessor shall insure the building with liability and casualty insurance. 6. Lessee covenants and agrees : A. To allow the Elgin Academy, an Illinois not-for- profit corporation, to use the grounds by its alumni , students and faculty. B. To make no alterations to the buildings or grounds or construct any building or improvement thereon 'except as hereinafter provided without the written consent of Lessor. C. To not, without the prior written consent of the Lessor, assign this Lease or sublet or grant any license to use the premises or any part thereof, except that Lessee may lease - page 2 - - - - the meeting rooms for use by any charitable or not-for-profit organizations . • D. To obtain a policy of insurance on its personalty within said building as determined by Lessee. E. To obtain a policy of liability insurance for the premises acceptable to Lessor. F. To provide the customary custodial and janitorial services for said building. G. To repair any damage caused by the negligence, carelessness or waste of its employees or agents . H. To paint or decorate the interior of the building from time to time as required for Lessee 's use thereof. I. To remove snow from all sidewalks , stairs and entranceways on the premises. J. To comply with all ordinances, laws, rules and regulations which may pertain or apply to the premises and the use thereof. K. To provide Society staff members for the museum who shall be on the premises when the museum is open to the public. L. To open the museum to the general public not less than twenty (20) hours per week. Lessee shall have the right to establish reasonable admission fees to the museum. • M. To allow Lessor's employees or agents free access to the premises for thepurpose of examining the premises and to make repairs or• alterations which the Lessor sees fit to make. • N. To raise funds for- the restoration of the interior of the building in accordance with Lessee 's plans and requirements for use of said premises for a museum. The restoration and occupancy of the first floor shall be completed within three (3) years from the date of this agreement. The restoration and occupancy of the remaining floors shall be completed within five (5) years from the date hereof, provided - page 3 - • the elevator has been installed by Lessor. 7. If any default is made in the payment of rent or in the performance of or compliance with any other term or condition thereof this lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the Lease shall not result if , within thirty (30) days of receipt of such notice Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 8. In the event of any default or breach by the Lessor of any term or condition of this agreement Lessee may terminate the agreement and vacate the premises without further obligations, provided Lessee has given Lessor written notice of any default or breach and Lessee 's intention to terminate, and Lessor has failed to correct the default or breach or take action reasonably likely to effect such correction within a reasonable time. 9. This Lease is being consented to by the President on beha of the Board of Trustees of the Elgin Academy, an Illinois not-for-profit corporation. Said consent conforms to the provisions of a certain quit claim deed dated July 13, 1977 and recorded July 15, 1977 at Geneva, Illinois in the office of the Recorder of Deeds as Document No. 1414835. Lessee shall have no obligation to maintain, insure or provide services with respect to thatportion of the premises • occupied by the Elgin Academy. 10. Any notices which are required hereunder, or which either Lessor or Lessee may desire to serve upon the other shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail , postage prepaid, return receipt requested, addressed to Lessee at: - page 4 - • or addressed to Lessor at: 11. Waiver by Lessor of any default in performance by Lessee of any of the terms , covenants or conditions contained herein shall not be deemed a continuing waiver of the same or any subsequent default herein. IN WITNESS WHEREOF the parties have executed this Lease the day and year first above written. CITE\ OF ELGIN, es- •r By is . l ♦A Attest: ELGIN ARE ISTORICAL CIETY, Lessee By Its Pre ident Attest: % Its (Seretary President and Board of Trustees of the Elgin Academy, an Illinois not- for-profit corporation By Its President Attest: Its Secretary • - page 5 -