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HomeMy WebLinkAbout81-0128 Elgin Area Historical Society 51; o, as El L S E - 0 THIS LEASE made and entered into this 22 --dais of VIA/U42 / 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 • W I T N E S S E T H: 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 1.63. 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. - .- - — • 111 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 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 - - - ,J . 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 the purpose 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 - • 410 • 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 that portion 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 - 0 410 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. CIT OF ELGIN, es r By Attest: ELGIN ARE ISTORICAL OCIETY, Lessee l By Its Pre ident Attest : Ids 'Secretary President and Board of Trustees of the Elgin Academy, an Illinois not • - for-profit corporation By • Its President Attest : Its Secretary • - page 5 - ` - D