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 /
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TITLE
LeaseA reeX/8- 12-85 /JP : iI
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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