HomeMy WebLinkAbout84-0926 Elgin Area Historical Society 84-• o°I
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AGREEMENT
(Made and executed in duplicate) IR
THIS AGREEMENT made and entered into this ` day
of SE,p+ewt 1984 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:
Except for that area specified in Paragraph I, 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 situated in the City
of Elgin, Kane County, Illinois.
and hereinafter referred to as Premises.
I. The Premises shall include the building located on said property commonly
known as the "Old Main" (hereinafter referred to as Building) 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 (hereinafter referred to
as Academy Rooms) together with the hallway access to the westerly door as shown on
Exhibit A, attached hereto and made a part hereof.
2. The term of this Agreement shall be for twenty-five (25) years from the
date of this Agreement.
3. Lessee agrees to pay to Lessor as rent for said Premises the sum of One
Dollar ($1.00) per year.
4. Lessee shall use the Premises to establish, maintain and operate a
historical museum which may include the sale of historical memorabilia or souvenirs to
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defray expenses. No other use shall be made of the Premises without the prior express
written consent of the Lessor. The Premises shall not be used as a parking lot and no
barriers shall be erected between the Premises and the adjoining property.
S. Lessor covenants and agrees as follows:
A. To provide and pay for all utilities, except telephone service,
necessary to operate the building as a historical museum pursuant to this Agreement.
B. To maintain the heating, cooling and plumbing systems, including all
necessary repairs and, if necessary, replacements.
C. To maintain the exterior of said Building in a clean and structurally
sound condition and in good repair; provided Lessor shall not be obligated to clean
exterior windows 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, its agents, employees or invitees.
G. To maintain the exterior Premises in a clean and sightly condition
around the Building; provided Lessor shall not be responsib!e for the removal of snow
from the sidewalks, stairs and entranceways.
H. To obtain and maintain in full force and effect a policy of general
liability insurance, naming Lessee as co-insured, covering injuries to persons or property
occurring on the exterior portions of the Premises. Such policy shall be in limits as now
or hereafter determined by Lessor as reasonable or necessary and may, at the discretion
of Lessor, include self-insurance. Lessor shall insure the building from damage due to
fire and casualty in amounts as determined by Lessor. Lessor shall not be required to
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insure, nor be in any way be responsible for, any property of Lessee, its employees,
agents or invitees located on the Premises.
6. Lessee covenants and agrees as follows:
A. That the Academy shall be entitled 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 prior written
consent of Lessor.
C. To not, without the prior written consent of the Lessor, assign or
sublet this Lease or grant any license to use the Premises or any part thereof, except
that Lessee may sublet the meeting rooms for use by a charitable or not-for-profit
organization.
D. To be solely responsible for any property of Lessee, its agents,
employees or guests, located on the Premises and to insure said property as desired by
Lessee.
E. Lessee, at Lessee's expense, shall keep in full force and effect during
the term of this agreement, insurance, naming Lessor as co-insured, against all liability
or claims which may accrue due to the use of the Premises by Lessee, their agents,
members, clients or guests with limits as determined by Lessor. Lessee shall insure all
property of Lessee used, displayed or stored at the Premises and hereby releases Lessor
of any liability for the damage, loss or destruction of said property.
F. To provide the custodial and janitorial services for said Building and
to maintain the interior in a clean and sightly condition.
G. To repair or pay for any damage caused by the negligence,
carelessness or waste of Lessee, or its employees or agents.
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H. To paint or decorate the interior of the Building from time to time as
necessary to maintain it in a clean and sightly condition, as determined by Lessee as
requested and paid for by Lessor.
I. To remove snow from all sidewalks, stairs and entranceways on the
Premises, except the area around the westerly door leading to the academy rooms unless
said door is used by Lessee or its invitees in which case Lessee shall remove snow from
said area.
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 a staff member of the Lessee for the museum who shall be
on the Premises when the museum is open to the public.
L. To cause the museum to be open 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 keep and observe such reasonable rules and regulations now or
hereafter required by Lessor, which may be necessary for the proper and orderly care of
the Premises including the Building.
7. It is expressly understood by all parties that Lessee's purpose and goal is to
raise sufficient funds to permit restoration of the Building so that it can be utilized as a
historical museum. Lessee shall cause the necessary funds to be raised to finance such
renovation.
8. Lessee shall cause the Building to be renovated to permit it to be used
pursuant to this Agreement. All plans and contracts relating to the design or
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construction of any renovation effort shall be subject to the prior written consent of the
Lessor. The renovation and occupancy of the first floor shall be completed not later than
February 28, 1986. The renovation and occupancy of the remaining floors shall be
completed not later than February 29, 1988, provided the elevator has been installed by
Lessor as required in Paragraph SE.
9. Renovation of the building shall be completed pursuant to plans that are to
be prepared by Burnidge and Cassell and Associates. Said renovation shall be such as to
permit the Building to be used as a historical museum. The scope and content of such
renovation shall be subject to review and approval by Lessor. Lessor and Lessee agree to
coordinate their activities and to cooperate so that the design and construction of said
renovation can be accomplished in an efficient manner. Except for those obligations of
Lessor specified herein (elevator) Lessee shall be responsible for the renovation. Any
person performing work on the Premises shall be required to obtain general liability and
workers' compensation insurance naming Lessor and Lessee as co-insured with coverage
and limits acceptable to Lessor and Lessee.
10 Lessor shall not be liable for and Lessee shall hold Lessor harmless from
and shall indemnify Lessor against any and all liability for loss or expense for any damage
or injury to person or property caused by or resulting from the acts or omissions of
Lessee or its agents, employees or guests in occupying or using the Premises. Lessee
shall promptly indemnify and save harmless Lessor of and from all fines, suits,
proceedings, claims, demands and actions, of any kind or nature whatsoever, brought by
anyone whomsoever, arising or growing out of, or in any wise connected with, the
occupation, control or use of the Premises.
I I. In event any lien upon Lessor's title results from any act or negligence of
Lessee or any contract for work entered into by Lessee, and Lessee fails to remove said
lien within ten days after Lessor's notice to do so, Lessor may remove the lien by paying
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the full amount thereof or otherwise and without any investigation or contest of the
validity thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor
in such behalf, including Lessor's cost, expenses and counsel fees.
12. Lessee shall have no obligation to maintain, renovate, insure or provide
services with respect to that portion of the Premises designated as Academy Rooms on
Exhibit A.
13. 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.
14. In the event of any default or breach by the Lessor of any term
orcondition 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.
15. 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: Box 1027 , Elgin, IL 60121
or addressed to Lessor at: City Manager, City of Elgin, 150 Dexter Court, Elgin, IL
60120.
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16. 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 Agreement the day
and year first above written.
CITr5F EL N, Le sor
By: jK6?T1Wd,
y , onager
Attest:
City Clerk
ELGIN AREA HISTORICAL SOCIETY,
Lessee
By: 1/2-4,4- -/ 4 J? S/y/e/
Mary 1 Huddleston, President
Attest:
07,$-eled
s Seetary
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