HomeMy WebLinkAbout87-1106 Duchaj • 71- 110(..
LEASE
By this agreement made and entered into this / day of /11.,(.i iiI __ ,
1987, between the City of Elgin, a municipal corporation of the State of Illinois, here-
after referred to as Lessor, and John Duchaj, individually and doing business as Duchaj
Service Inc., hereafter referred to as Lessee, Lessor leases to Lessee certain premises
owned by Lessor described as follows:
That portion of Wing Street extended and lying Easterly of the
Easterly right-of-way line of North State Street in the City of Elgin, Kane
County, Illinois.
to commence on October I, 1987 and to continue on a month-to-month lease term basis
thereafter.
I. Lessee agrees to pay, without demand, to Lessor as rent for the demised
premises the sum of One Hundred Twenty-Five Dollars ($125.00) per year in advance on
October I, of each year, at ISO Dexter Court, Elgin, Illinois.
2. Lessee agrees that said property shall be occupied as a parking and drive
area in conjunction with the service station being maintained and operated by the Lessee
adjacent thereto, and for no other purpose. Lessee agrees to immediately upon the
execution of this lease cause the leased premises to be cleaned and properly graded and
seal-coated so that the use thereof by the Lessee shall in no way be detrimental to the
surrounding neighborhood.
3. Lessee agrees to surrender the possession of said premises to the Lessor
upon the termination of said lease in a neat and clean condition and further agrees,
during the occupancy of said demised premises, to maintain and keep the same in a state
of clean and neat appearance and to allow no trash, rubbish or debris of any nature to
collect thereon, or adjacent thereto.
4. Lessee shall not assign this lease, or any portion thereof, nor sublet said
premises, or any part thereof, without the written consent of the Lessor endorsed hereon.
r ,
5. Lessee shall at all times carry and provide public liability insurance in
limits of not less than Five Hundred Thousand Dollars and no/I00 ($500,000.00) Dollars
for any occurrence, or Three Hundred Thousand and no/I00 ($300,000.00) Dollars for any
individual, holding the City harmless from all claims of every nature, arising out of the
use of said premises, in the activities conducted thereon by the Lessee during the term of
said lease.
6. Lessor may terminate this lease at any time by giving Lessee at least
thirty (30) days written notice addressed to Lessee's usual place of business. Any rent
prepaid in advance shall be prorated between the parties in the event of such termina-
tion.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands
and corporate seals, the day and year first above written.
CITY OF ELGIN, a municipal corporation
mes J. Coo , ity Manager
Attest:
Marie Yearman, C y Clerk
DUCHAJ SERVICE INC.
By , L / � Aes.
Jo uc
October 8, 1987
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Lease Renewal with Duchaj Service Inc .
PURPOSE : The purpose of this memorandum is to request Council approval to
renew a lease with Duchaj Service Inc .
BACKGROUND: John Duchaj , doing business as Duchaj Service Inc . , has been
leasing that portion of Wing Street extended , located directly south of the
service station at the intersection of Wing and North State Streets (see
attached map) .
This lease has been continuous since 1969 and has been renewed periodically
as follows :
May 1 , 1969 to Sept . 30, 1977 $ 25.00/year
Oct 1 , 1977 to Sept. 30, 1982 100.00/year
Oct 1 , 1982 to Sept . 30, 1987 125. 00/year
In prior years , there has never been any interest expressed by anyone in
purchasing this small parcel (25 ' x 72' - only 1800 sq. ft. ) , mainly due to
the fact that neither Mr. Duchaj nor Amoco Oil Company own the service
station property; they merely lease it from a private party. This year,
however, in keeping with our overall policy of disposing of surplus City
property, we again questioned Mr. Duchaj on this matter. Mr. Duchaj indicated
that should the City Council decide to sell this property, either he or the
property owner would have to give it serious consideration as it is important
to his operations ; he also indicated his desire to continue to lease this
property until then.
FINANCIAL IMPACT: Because this lease has provided such a small amount of
revenue annually to the General Fund, staff believes it would be in the
City' s best interests to sell this property, which at one time was intended
to be the west bank connection for the North End Bridge, and return it to
the tax rolls.
RECOMMENDATION : The recommendation is two-fold :
a . To renew the lease on a month-to-month basis retroactive to
October 1st with the annual rent of $125 prorated accordingly;
all other terms and conditions of the current lease (attached
for your information) to remain the same.
b. To request Council consider a resolution declaring this
propertyl to be surplus and authorizing its sale.
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ty Manag
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LEASE
By this agreement made and entered into this 23°= day of
1982, between the City of Elgin, a municipal corporation of
of the State of Illinois, hereafter referred to as Lessor, and John Duchaj,
individually and doing business as Duchaj Service Inc., hereafter referred to
as Lessee, Lessor leases to Lessee certain premises owned by Lessor described
as follows:
That portion of Wing Street extended and lying Easterly
of the Easterly right-of-way line of North State Street in
the City of Elgin, Kane County, Illinois.
for a tern of five (5) years to commence on October 1, 1982 and to end on
October 1, 1987, at 6:00 A.M.
1. Lessee agrees to pay, without demand, to Lessor as rent for the
demised premises the sum of One Hrmdred Twenty-Five Dollars ($125.00) per
year in advance on October 1, of each year, at 150 Dexter Court, Elgin.,
Illinois.
2. Lessee agrees that said property shall be occupied as a parking
and drive area in conjunction with the service station being maintained and
operated by the Lessee adjacent thereto, and for no ther purpose. Lessee
agrees to immediately upon the execution of this lease cause the leased
premises to be cleaned and properly graded and seal-coated so that the use
thereof by the Lessee shall in no way be detrimental to the surroundinf
neighborhood.
3. Lessee agrees to surrender the possession of said premises tc
the Lessor upon the termination of said lease in a neat and clean condition;
and further agrees, during the occupancy of said demised premises, to maintain
and keepthe same in a state of clean and neat appearance and to allow no
trash, rubbish or debris of any nature to collect thereon, or adjacent thereto.
4. Lessee shall not assign this lease, or any portion thereof,
nor sublet said premises, or any part thereof, without the written consent of
the Lessor endorsed hereon.
5. Lessee shall at all times carry and provide public liabilir
insurance in limits of not less than Five Flmdred Thousand and no/100
($500,000.00) Dollars for any occurrence, or Three Hundred Thousand and no'10:
($300,000.00) Dollars for any individual, holding the City harmless from, all
claims of every nature, arising out of the use of said premises, in the
activities conducted thereon by the Lessee during the term of said lease.
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6. Lessor may terminate this lease at any time, prior to the
expiration thereof, by giving Lessee at least ninety (90) days written
notice, prior to said termination date addressed to Lessee's usual place
of business. Any rent prepaid in advance shall be prorated between the
parties in the event of such termination.
IN WITNESS WHEREOF, the said parties hereto have hereunto set
their hands and corporate seals, the day and year first above written.
CITY OF ELGIN,
a icipal co ra on`.
Nelson, City ger
Attest:
Marie 11 7..fn,ClI Ller A----
DUCHA7 SERVICE INC.
By C} 47 .,..C4'7
John a • i J
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