HomeMy WebLinkAbout82-1210 Kane County Forest Preserve Qs� v
LEA S E
THIS LEASE, made this f().6-
day of ,�% N11tZ _, , 1982 ,
by and between the Forest Preserve District of Kane County (Lessor)
and. the City of Elgin (Lessee) , witnesseth:
WHEREAS, Lessor is the owner of certain real property, described
in Exhibit "A" , attached hereto , and
WHEREAS, Lessee is desirous of leasing said property for the
public purpose of providing recreational facilities for its citizens ;
and
WHEREAS, the parties , pursuant to their statutory authority,
desire to enter into this lease agreement for i3mid
NOW, THEREFORE, Lessor, hereby lets unto Lessee ,:he property
described in Exhibit "A: from the 1st day of January 1983 ,
to the 1st day of January , 2003 , subject to the provisions
of this lease in consideration of the sum of $1 . 00 per annum for
the period stated herein above, receipt of which in full is hereby
acknowledged.
The parties further agree as follows :
(a) Lessee shall use and occupy said property in a careful and
proper manner and not commit any waste thereon; and nay
all taxes , if any, as they become due during the tern hereof.
(b) Lessee shall not assign this lease or sublet said property,
in whole or in part, without the prior written consent of
Lessor . Said consent shall not be unreasonably withheld by
Lessor.
(c) Lessee shall insure said property as necessary to indemnify
Lessor against claims which may be asserted against the
property or Lessor as owner thereof, by reason of the use ,
possession or occupancy of said property by Lessee or other
persons upon the property at the invitation of or consent
and permission of Lessee. Lessee shall further indemnify
and hold harmless Lessor against any and all loss or dariages
arising out of the actions or negligence of Lessee upon said
property.
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• (d) Lessee agrees to use and maintain said property
in a manner consistent with open space recreation
requirements as promulgated from time to time by
the State of Illinois , Department of Conservation .
(e) The parties agree that the Lessee shall retain a
strip of land 50 foot width adjacent and parallel
to the shoreline of the Fox River for special use
as a river nature walk. Lessee shall not use or
plan any improvements or structures on said strip so
as to prevent said strip from being used as a river
nature walk.
(f) If Lessee breaches any of the covenants on its
part contained herein, it shall be lawful in any
such case for Lessor to re-enter upon said property
and the term terminated .
(g) This lease is granted subject to conditions , ease-
ments , and restrictions of record, if any .
(h) The parties agree that this lease shall inure to
the benefit of and be binding upon the successors
and assigns of the parties .
IN WITNESS WHEREOF, the parties have fixed their hands and
seals on the date first above written .
FOREST PRESERVE DISTRICT OF E COUNTY
By : ;
EXHIBIT A
That part of the Southeast quarter of Section 23 and
part of the Southwest quarter of Section 24, all in ' Township
41 North, Range 8 East of the Third Principal Meridian, de-
scribed as follows : Commencing at the point of intersection
of the center line of State Route 31 with the North line of
the Northeast quarter of Section 26, Township and Range a-
foresaid; thence Easterly along a line which forms an angle
of 105° 56' (measured Southwesterly to Easterly from the
center line tangent of said State Route 31) , 33. 90 feet to
the most Northerly corner of the lands of the Department of
Public Safety, as described in Instrument dated March 10,
1961, made with the Department of Public Welfare, said
corner being on the Easterly right of way line of the said
State Route 31; thence Northeasterly, along the Easterly
right of way line of State Route 31, on a curve to the left
having a radius of 8218. 16 feet and whose long chord forms
an angle 750 17 ' to the left with a prolongation of the last
described course, for a long chord distance of 446. 36 feet
(arc distance of 446. 41 feet) to a point, said point being
33. 0 feet radially distant Southeasterly of the center line
curve of said State Route 31; thence Easterly, along a line
which forms an angle of 68° 37 ' 50" to the right with the
prolongation of the said long chord (this course hereinafter
referred to as Line "A" ) , 811. 09 feet for the point of
beginning; thence Northerly, along a line which forms an
angle of 85° 51' 54" to the left with a prolongation of the
last described course a distance of 1113. 89 feet; thence
Southeasterly at an angle of 87°48' 16" to the right with a
prolongation of the last described course, .a distance of
1085 feet more or less to the Westerly bank of the Fox
River; thence Southerly along the Westerly bank of the Fox
River to Line "A" , as aforesaid, extended Easterly; thence
Westerly, along said Line "A" , extended Easterly, a distance
of 609 feet more or less the point of beginning, in the City
of Elgin, Kane County, Illinois . Containing 20 . 9 Acres more
or less.
STATE OF ILLINOIS )
SS .
COUNTY OF KANE )
RESOLUTION NO. FP -R- 4-82- 272
A RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH
THE CITY OF ELGIN
WHEREAS, the Forest Preserve District of Kane County is the
owner of a parcel of land located in the City of Elgin and described
in Exhibit "A" attached hereto; and
WHEREAS, it is deemed necessary and convenient for the City
of Elgin to use said parcel of land for the public purpose of
providing recreational facilities for its citizens; and
WHEREAS, Illinois Revised Statutes 1979 , Chapter 30 , §156
et seq. grants specific authority for such a lease arrangement
between municipal corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
-)F THE FOREST PRESERVE DISTRICT OF KANE COUNTY, ILLINOIS, as
cllows:
1. That the President and Secretary of this Board of
Commissioners are hereby authorized and directed to execute any
and all documents necessary or convenient to implement the afore-
said lease agreement upon the following terms:
a) That said agreement be for a period not to exceed
twenty (20) years at an annual rental of One Dollar ($1 . 00) .
b) That said agreement exclude and reserve a fifty
1. 50 ' ) foot strip of land adjacent to the Fox River for the use of
this Forest Preserve District;
c) That said agreement require the City of Elgin to
use and maintain said parcel of land in a manner consistent with
open space recreation requirements, and to afford said District
an opportunity to inspect said parcel to insure compliance with
said terms;
d) That said agreement provide for termination of said
lease agreement upon breach of any of the aforesaid terms .
PASSED this 13th day of April, 1982 .
,I /
Sec - y, Board of ommissioners
APPROVED :
President, Board of issioners
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