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HomeMy WebLinkAbout85-0910 Metra Lease s NATIONAL STREET COMMUTER PARKING FACILITY LEASE AGREEMENT THIS LEASE AGREEMENT , made this 11)4 day of SiE ,Alcz... 1985 by and between the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY , an Illinois municipal corporation ( the Lessor ) , and the CITY OF ELGIN , an Illinois municipal corporation ( the Lessee ) , WITNESSETH : WHEREAS , under the terms of a Lease Agreement entitled LEASE OF STATIONS AND STATION GROUNDS , dated September 16 , 1982 , between the REGIONAL TRANSPORTATION AUTHORITY ( "Authority" ) and the Trustee of the Property of the CHICAGO , MILWAUKEE , ST . PAUL AND PACIFIC RAILROAD COMPANY ( "Trustee" ) , for certain real property located in Elgin and commonly known as the National Street Commuter Parking Lot , the Authority may use and possess said realty until December 31 , 1988 ; and WHEREAS , The Authority has assigned its rights to the LEASE OF STATIONS AND STATION GROUNDS to the COMMUTER RAIL DIVISION ; and WHEREAS , by execution of this sublease of realty from the Commuter Rail Division , the City of Elgin acknowledges that it is fully aware of the relevant dates , terms , and conditions of the current Lease of Station and Station Grounds , and as such Lessor does hereby promise to commit the land to public transportation use for the useful life of the facility so long as Lessor retains a leasehold interest , therefore , in consideration of the mutual covenants contained herein , the parties agree as follows : 1 . Lessor hereby leases to Lessee and Lessee hereby leases from Lessor , the property commonly known as the NATIONAL STREET COMMUTER PARKING LOT and described in Exhibit A, attached hereto and specifically made a part hereof . 2 . Lessee shall use and occupy the premises for the purpose of continuing its use as a parking lot and for no other purpose . Lessor represents that the premises may lawfully be used for such purpose . 3 . The total annual rent is the sum of One Dollar ( $1 . 00 ) . 4 . Lessee shall maintain the parking lot facility and shall be responsible for snow removal . Lessee shall not make alterations , additions or improvements in , to or on and about the property without obtaining Lessor ' s written approval . Such approval shall not be unreasonably withheld . Lessee ' s responsibilities shall include policing the facility. 5 . Lessee shall commit no act of waste and shall maintain and take good care of the premises and in the use of the premises , conform to all federal and state laws . 6 . Lessee shall indemnify and save Lessor harmless from any and all claims , actions , proceedings , expenses , damages and liabilities including attorney fees arising in connection with Lessee ' s use of the parking lot facility, as well as any and all alterations and improvements . Lessee shall have Lessor named as an additional insured in all insurance policies required per Item 121 of the Commuter Parking Agreement between Lessee and the Illinois Department of Transportation dated October 12 , 1977 . Lessee shall indemnify and save Lessor harmless from any and all claims , actions , proceedings , expenses , damages and liabilities , including attorney ' s fees , arising from or in connection with any negligent act of Lessee , its agents or employees , from August 20 , 1980 until the termination or expiration of this agreement . 7 . This property is leased for a term to commence on August 1 , 1985 , and to continue as long as Lessor retains a leasehold interest or Lessor purchases said realty or is awarded the property through eminent domain . In any event this lease shall terminate by August 20 , 2002 which is the end of the expected useful life of the parking lot facility. IN WITNESS WHEREOF , the parties hereto have caused this Lease Agreement to be executed by their duly authorized officers on the date first written above . COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AT EST6.72. 2) )",j/ AUTHOR TY / BY : a , / Executive Director ATTEST : CITY 0 � N / 11 1 t a _.Abi Get G. rpt r. TITLE LeaseA reeX/8- 12-85 /JP : iI g /SD#13 -2- Metropolitan Rail 547 W. Jackson Blvd. Chicago, Illinois 60606 Telephone: 312 836-6900 /11/-1,: f Ccvy October 1 , 1985 Mr . Daniel P . Blondin Assistant Corporation Counsel City of Elgin 150 Dexter Court Elgin , Illinois 60120 RE: National Street Parking Facility Lease Dear Mr . Blondin : Enclosed please find two (2 ) fully executed counterparts of the above referenced agreement . Thank you for your cooperation and assistance in this matter . Sincerely, James W. Burcham Director Office of Contract Management JWB/NSF : il