HomeMy WebLinkAbout88-0714 Farm Colony r.,,44 Co1cr+,vo
INTERGOVERNMENTAL AGREEMENT
WHEREAS, the Board of Education of Elgin School District U-46 ,
Kane, Cook and DuPage Counties , Illinois ( hereinafter the "Board" )
and the City of Elgin ( hereinafter the "City" ) wish to enter into an
Intergovernmental Agreement pursuant to the authority granted in the
Illinois Constitution, Article VII , Section 10; and
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WHEREAS, both the Board and the City are authorized by the
Illinois Conveyancing Act, Ill. Rev. Stat. , ch. 30, 55 156 et seq. ,
to sell or exchange real estate without public sale; and
WHEREAS, the Board owns a parcel of land commonly known as "The
Farm Colony" located within the City of Elgin; and
WHEREAS, the City intends to develop said land for commercial
and industrial use; and
WHEREAS, the City and the Board have agreed to t'he transfer of
said real estate currently owned by the Board to the City without
public sale; and
WHEREAS, the parties have agreed on the terms of such sale;
NOW, THEREFORE, BE IT RESOLVED as follows :
1. The Board shall sell and cause to be conveyed to the City a
parcel of real estate, commonly known as "The Farm Colony, " the legal
description of which is attached hereto as Exhibit A, for the sum of
$134,000 .
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2. The conveyance of real estate shall include approximately
140 acres, four brick buildings , a house and other smaller structures
located on said 140 acres.
3. As soon as practicable after the conveyance of said real
estate to the City, the City shall undertake to develop the real
estate for commercial and industrial purposes .
4. The transfer of the Board' s interest in said real estate
will be subject to a lease of farm land to farmer Don Heiniger. A
copy of the lease is attached hereto as Exhibit B.
5. The transfer shall be made subject to the agreement between
the District and the Carpenters Apprenticeship Program as set forth
in said written agreement attached hereto as Exhibit C.
6. Upon conveyance of the real estate, the City may elect to
terminate use of a portion of the property by the Elgin Flyers for
their use in flying model airplanes , as the City may see fit.
7. The City shall assume responsibility for notifying the
caretaker who currently resides in the residence located on the
property to advise the caretaker of the termination of the existing
agreement at such time as the City deems appropriate.
8. The Board shall be granted use for a period of up to one
year of the four buildings currently used to warehouse paper products
and furniture. The use of such buildings shall be at no cost to the
Board and shall continue until twelve months after the conveyance has
been completed. Use of these buildings by the Board at no cost shall
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be extended up to an additional twelve-month period if this
particular portion of the property is not needed for development. In
the event that the Board elects to vacate the premises sooner, it
shall give the City a minimum of sixty days ' written notice of its
intent to vacate the buildings .
9. The Board shall be granted use of the building located on
the property for use by the District maintenance department at no
cost to the Board. Use of this bulding by the Board at no cost shall
be extended up to an additional twelve-month period if this
particular portion of the portion is not needed for development. In
the event that the Board elects to vacate said building prior to the
expiration of the twelve-month period, the Board shall notify the
City in writing at least sixty days in advance of its vacating the
building.
10. The Board shall be granted an easement for ingress and
egress to the buildings referred to in Paragraphs 8 and 9 above, for
reasonable use of and access to said buildings.
11. Upon ratification by the governing board of each party to
this Agreement, a copy of the executed resolution authorizing
execution of the Intergovernmental Agreement shall be affixed to the
Agreement.
12. The District shall take all steps necessary to obtain and
provide to the City an updated title insurance policy and a quit
claim deed in proper form from the Kane County Regional Board of
School Trustees , which holds title to the land. The deed shall vest
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fee simple title to the property in the City subject only to the
restrictions contained in the title policy dated April 15 , 1974,
which is attached hereto as Exhibit D.
13. The effectuation of this Agreement is subject to the City' s
obtaining its own legal opinion on the effect of House Bill 4509
( 77th General Assembly) .
14. The deed to the City shall be made subject to a contingent
reversion which will provide that the City shall undertake to develop
the property for industrial and commercial use only. In the event
that 50% or more of the property which is the subject of the
conveyance has not been developed for such purposes within five ( 5)
years of the date of conveyance, the School District may elect to
repurchase the undeveloped property at a cost of $1,000 per acre.
15. The City agrees to pay the School District' s legal fees
associated with the drafting of the Intergovernmental Agreement and
all documents necessary to effectuate the Agreement so long as such
fees do not exceed $2, 500.
16. The City shall not include the real estate which is the
subject of this agreement in any tax increment allocation
redevelopment plan pursuant to the provisions of Ill . Rev. Stat. , ch.
24, nn 11-74 . 4-1 et seq. , or any other similar statute hereinafter
enacted after the conveyance is made without written approval of
the Board.
17 . The parties agree that the conveyance of title ehall be
effectuated as soon as possible, but in no event later than
October 31, 1988
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IN WITNESS WHEREOF, the parties have executed this Agreement as
of the i�' day of 1-:) , 1988.
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itle: Elgin School District U-46
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EXHIBIT B
FARM LEASE AGREEMENT
BETWEEN
SCHOOL DISTRICT U46
AND
DON DON HEINIGER
By this agreement made and entered into on April 1 , 1987
between the Board of Education, School District U46, 355
East Chicago Street , Elgin, Illinois , 60120 , hereafter
referred to as Lessor , and Don Heiniger , 38 W 644 Arrowmaker
Pass, Elgin, Illinois 60123, hereafter referred to as
Lessee, Lessor leases to Lessee to occupy and use for
agricultural purposes only , the following real estate
located in the County of Kane , State of Illinois and more
particularly described as :
Part of permanent parcel number ( s ) :
06-27-126-005
06-27-200-005
06-27-326-001
06-27-400-001
for a term of one year to commence on April 1 , 1987 and to
end on March 31 , 1988. This lease shall be extended for the
second year ( 1988 crop season) unless Lessor or Lessee
notifies the other party in writing by January 31 , 1988. If
the rental rate is unsatisfactory to either party at the
beginning of the extension period , the rate shall be
determined through negotiations by both parties by March 1 ,
1988. If the Lessor and/or Lessee are unable to agree upon
a mutually satisfactory rate for the 1988 growing season,
this lease shall be terminated without further recourse
• against either party.
1 . Lessee agrees to pay . without demand , to Lessor as rent
for the above demised real estate property Four Thousand
Seven Hundred Ninety Seven Dollars and Fifty Cents
($4 ,797.50 ) , which represents $50 . 50 per farmed acre on 95
acres and may be adjusted prior to the second installment ' s
due date based on actual acres farmed . Rent shall be paid
in two installments with the first installment of Two
Thousand Three Hundred Ninety Eight Dollars and Seventy Five
Cents ( $2, 398. 75) due on April 15, 1987 and the second
installment of Two Thousand Three Hundred Ninety Eight
Dollars and Seventy Five Cents ( $2, 398 . 75 ) due on December
15, 1987. The determination of actual number of farmed
acres shall be made during the growing season( s ) through an
engineering survey and the total amount due shall be
determined by this survey .
PAGE 1 OF 4
2. The Lessee covenants and agrees :
A. To cultivate the farm faithfully and in a timely ,
thorough , and businesslike manner .
B. To prevent noxious weeds from going to seed and to
keep weeds and grass cut on the farmstead .
C . To keep the building , fences ( including hedges ) ,
tile drains , and other improvements in as good repair and
condition as they are when he takes possession or in as good
repair and condition as they may be put by the Lessor during
the term of the lease - ordinary wear , loss by fire, or
unavoidable destruction excepted on the farmstead .
D. To prevent all unnecessary waste , or loss , or damage
to the property of the Lessor .
E . To comply with pollution control and environmental
protection requirements.
3. The Lessee further agrees , unless he shall first have
obtained the written consent of the Lessor :
A. Not to assign this lease to any person or persons or
sublet any part of the premises herein leased .
B. Not to erect or permit to be erected any structure
or building or to incur any expenses to the Lessor for such
purposes .
C. Not to allow any livestock on any part of the
premises herein leased .
D. Not to erect or permit to be erected any commercial
advertising signs on the farmstead .
E . To disclose to the School District the names of
anyone to whom the crops will be sold .
4. In the event that Lessee fails to carry out
substantially the terms of this lease in due and proper
time, the lease may be terminated by the other party by
serving a written notice citing the instance( s ) of default
and specifying a termination date of sixty (60 ) days from
the date of such notice . Settlement shall then be made in
accordance with provisions previously stated in this lease .
5. The Lessee agrees that at the expiration or termination
of this lease, he will yield possession of the premises to
the Lessor without further demand or notice.
PAGE 2 OF 4
If the Lessee fails to yield possession , he shall pay to the
Lessor a penalty of One Hundred Dollars ( $100.00 ) per day
for each day he remains in possession thereafter , in
addition to any damages caused by the Lessee to the Lessor ' s
land or improvements , and said payments shall not entitle
said Lessee to any interest of any kind or character in or
on the premises.
6. The Lessor ' s lien provided by law on crops grown or
growing shall be the security for the rent herein specified
and for the faithful performance of the terms of the lease.
If the Lessee fails to pay the rent due or fails to keep any
of the agreements of this lease, all costs and attorney fees
of the Lessor in enforcing collection or performance shall
be added to and become a part of the obligations payable by
the Lessee hereunder .
7. The Lessor reserves the right of himself , his agents,
employees , or assigns to enter upon said premises at any
reasonable time for purpose of viewing the same, or working
or making repairs or improvements thereon, of developing
mineral resources as provided in the following paragraph ,
or , after notice of termination has been given and following
severance of crops of any other operation necessary to good
farming by the succeeding operator , the same not to
interfere with the Lessee in carrying out the regular
farming operations .
9. Nothing in this lease shall confer upon the Lessee any
right to minerals underlying said land , but same are hereby
reserved by the Lessor together with the full right to enter
upon the premises and to bore , search , and excavate for
same, to work and remove same , and to deposit excavated
rubbish , and with full liberty to pass over said premises
with with vehicles and lay down and work any railroad track
or tracks , tanks , pipelines , power lines , and structures as
may be necessary or convenient for the above purpose. The
Lessor agrees to reimburse the Lessee for any actual damage
he may suffer for crops destroyed by these activities and to
release the Lessee from obligation to continue farming this
property when development of mineral resources interferes •
materially with the Lessee ' s opportunity to make a
satisfactory return.
9. Lessee agrees to furnish a certificate of insurance for
general liability , auto liability , and workers ' compensation
naming School District U46 as an additional insured .
10. Lessee further agrees to pay and discharge all costs and
attorneys fees and expenses that shall arise from enforcing
any of the covenants to this lease by Lessor .
PAGE 3 OF 4
11 . The terms of this lease shall be binding on the heirs
executors , administrators , and assigns of both Lessor and
lessee in like manner as upon the original parties .
In witness whereof, the parties have executed this lease the
day and year first above written.
LESSOR : ..4etr
B Y : G
Secretary , Board of E ucation
AND
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BY
Ditrict Rental Coordinator
ATTEST:
OFFICIAL SEAL `
JANE C. PARKER
NOTARY. PUBLIC, STATE OF ILLINOIS LESSEE:
4 My Commission Expires Apr. 19. 1989 n He i g r
• ��NINIO'V 'V'V'V'VN'
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PAGE 4 OF 4
EXHIBIT C
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SCHOOL DISTRICT U-46
LEASE AGREEMENT
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THIS AGREEMENT made and entered into by and between the BOARD OF EDUCATION OF ELCIN
SCHOOL DISTRICT U-46, (hereinafter referred to as "Lessor") , and FOX RIVER VALLEY
CARPENTERS ' JOINT APPRENTICESHIP PROGRAM (hereinafter referred to as "Lessee") .
WITNESSETH, that for and in consideration of the covenants and agreements hereinafter
set forth, Lessor has leased to Lessee the entire premises of portions of the premises
located at,"999 S. McLean, Elgin, Illinois, and all improvements located thereon,
and commonly known as the FARM COLONY - NORTH UNIT.
1 . ' PREMISES. The leased premises shall include the -school building or portion
of school building so described in Exhibit A, and whatever parking area, surrounding
grounds, and other facilities as described in Exhibit A.
2. USE. Lessee agrees that the premises shall be used only for proper and
appropriate purposes which are consistent with applicable zoning requirements, if any.
3. EXCLUSIVE USE. Lessee shall have exclusive use of the leased premises. ,
4 . RENT. Lessee agrees to pay Lessor as rent for the demised premises a monthly
rental payable in advance at the beginning of each month of the rental period , said
monthly payments to be calculated as follows: One-twelfth (1/12th) of the amount of
the annual gross rental of $3,000.00 ($1 .50/sq. ft. X 2 ,000 sq. ft . ) .
In addition to said rental , Lessee shall pay any real estate or other taxes
which may result from the Lessee's lease and/or use of the premises.
5. LEASE TERM..- The term of the Lease shall be for a one year period commencing
September 1 , 1987 and terminating September 1 , 1988 . The lease may be terminated by
Lessor should premises become necessary for formal education purposes upon 30 days
written notice to the Lessee.
6. UTILITIES. Lessor shall be responsible for the payment of One-hundred per
cent (100%) of all electricity, gas and water utilities incurred by Lessee for the
subject premises during the lease period. Lessee shall be responsible for all costs
of it 's telephone service, including installation, repairs , etc . (Lessor shall pro-
vide scavenger service. )
7. CUSTODIAL AND MAINTENANCE RESPONSIBILITIES. Lessor shall provide regular
custodial services on the premises. Such custodial responsibilities shall be similar
to those now being provided by lessor at it' s other school buildings. • Lessor shall
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,provide it' s customary maintenance of the premises with it 's maintenance staff subject
to such minor repair and maintenance responsibilities, if any, set out in Exhibit B.
Attached hereto and made a part hereof, as Exhibit "B" are itemized specific custodial
and maintenance job descriptions to be performed by Lessor and Lessee respectively.
The Lessor agrees that it is it 's responsibility to keep and maintain the building on
the premises, including the structure and component parts thereof , in good order and
repair during the term of this Lease; provided, however, to the extent any such
maintenance or repairs are attributable to the fault of Lessee or Lessee's employees,
agents, contractors, subcontractors, invitees, students or subtenants, Lessee shall
be responsible at it's expense for any such maintenance of repairs.
8. Lessee shall have the duty to inspect the premises from time to time and to
promptly give the Lessor notice of any necessary maintenance or repairs. The Lessor
shall have the right, but not the duty, to inspect the premises upon reasonable
notice to the Lessor and shall be permitted access at any time to take such action
as it deems appropriate in the event of any emergency which threatens to damage the
Premises.
9. FIXTURES AND EQUIPMENT. Lessor shall provide for Lessee's use of all the
fixtures and equipment permanently attached to the subject premises. The Lessor"
will provide to the Lessee up to and including five (5) sets of keys to the building.
10. ALTERATIONS AND CONDITIONS OF PREMISES. Lessee has examined and knows the
condition of the premises and acknowledges that it is presently in good order and
repair; Lessee shall have the right to make reasonable modifications to the interior
of the buildings, provided, however, that such modifications shall be approved in
advance by the Superintendent of the Lessor (such advance approval not to be unrea-
sonably withheld) . The costs of such interior and/or exterior modifications shall
be at Lessee's sole cost, and Lessee shall indemnify and hold harmless Lessor for the
same. Lessee shall keep the premises and appurtenances thereto in a clean, sightly
and healthy condition, and in good repair, all in accordance with any applicable
statutes and ordinances in such cases made and provided, and the directions of public
officers thereunto duly authorized, all at Lessee's own expense. At the termination
of this lease, Lessee shall surrender the demised premises to Lessor, whether such
termination shall occur by expiration of the term, or in any other manner whatsoever,
in the then present condition of cleanliness and good repair, loss by fire and rea-
sonable wear and tear expected. Lessor may, however, request that Lessee return the
demised premises in their original condition at the date of the execution hereof ,
prior to any changes, alterations, restructuring, or additions if any, which the
Lessee has completed except that any physical changes approved in writing prior to
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execution of this lease, or during the term of this lease or any extension thereof ,
need not be returned to original state at the end of termination of this lease. Such
request by Lessor shall be made in writing to Lessee thirty. (30) days prior to the
termination of this lease or any extension, if termination occurs by lapse and not
by default of Lessee, in which case Lessee shall be responsible to return the premises
in original conditions notwithstanding, except as provided above. Lessee shall re-
place broken globes, glass fixtures with material of the same size and quality as
that broken and shall insure (or self-insure) all glass in •windows and doors of the
premises at it's own expense. Lessor may, from time to time at it 's discretion, in-
spect the premises at reasonable times to insure that this section is complied with
by Lessee.
11.._ DESTRUCTION. If the premises or any part thereof are damaged or destroyed
by fire, storm, earthquake or other similar or dissimilar unavoidable accident and
thereby rendered untenantable during the term of this lease, this lease shall then
terminate; provided, that if after such unavoidable accident the Lessee continues
to occupy a portion of the premises', the obligations of Lessee hereunder shall continue
as to the portions of the premises occupied and utilized by Lessee. In the event
the Lessee continues to occupy a portion of the demised premises and the Lessor has
made no attempt to repair or restore that portion of the demised premises rendered
untenantable after such unavoidable accident within thirty (30) days of date of such
unavoidable accident, this lease shall then terminate.
12.• LIENS. The Lessee will not permit any mechanic's lien to be placed upon
the premises or any building or improvement thereon during the term hereof, and in
case of the filing of any such lien, the Lessee will promptly pay same. If default
in payment thereof shall continue for thirty (30) days after written notice thereof
from Lessor to Lessee, the Lessor shall have the right and privilege at the Lessor's
option of paying the same and any portion so paid, including expenses and interest,
shall be so much additional indebtedness hereunder due from Lessee and shall be re-
paid to Lessor immediately on rendition of bill thereafter.
13. SUBLEASE. The Lessee agrees to no assignment of subleasing of this Agree-
ment of the premises of this lease without the express written permission of the
Lessor.
14. INSURANCE. Lessor shall be responsible for maintaining in. full force and
effect adequate fire and extended insurance coverage on the building. Lessee agrees
to save and hold the Lessor harmless from any liability arising out of it's uses of
the premises. See Indemnity Agreement (Exhibit C) . Lessee shall carry adequate
public liability insurance (in amounts not less than current specifications of Lessor's ••
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current policies) . Lessee's policy shall name Lessor, it 's officers, agents, and board
members as additional insureds, and Lessee's policy shall state on its face that said
policy is not cancellable within twenty (20) days prior written notice to the Lessor.
The Lessee will not use or allow the premises ,to be used for any purpose that will
increase the Lessor's rate of insurance thereon. Lessee will do nothing and permit
nothing to be dune upon the Premises in any way tending to create a nuisance or to
annoy occupants of neighboring property or to increasethe fire hazard to the Premises.
Lessee will comply with all laws, ordinances, and building, health and police regulations
respecting the Premises, and will not use or permit the Premises to be used for any
unlawful purpose.
15. RENEGOTIATION. By mutual agreement of the parties at any time during the
Lease period, this Lease or any provision thereof shall be subject , to renegotiation.
16. NOTICES. Notices may be served on either party, at the following address:
Lessor, 355 East Chicago Street, Elgin, Illinois 60120, Lessee, Fox River Valley
Carpenters' Joint Apprenticeship Program, P.O. Box 48, Geneva, Illinois 60134,
either (1) by delivering or causing to be delivered a written copy thereof, or, (2) by
sending a written copy thereof by United State Certified or Registered mail, postage
prepaid, addressed to Lessor or Lessee at said respective address in which event the
notices shall be deemed to have been served at the time the copy is mailed.
17. SEVERABILITY. If any clause, phrase, provision or portion of this Lease or
the application thereof to any person or circumstance shall be invalid, or unen-
forceable under applicable law, such event shall not effect, impair or render invalid
or unenforceable the remainder of this Lease nor any other clause, phrase, provision or
portion thereof, nor shall it affect the application of any clause, phrase, provision
or portion hereof, to other persons or circumstances.
18. LESSEE TERMINATION. Lessee may terminate Lease for cause, such as, loss
of funding by written notification to Lessor thirty (30) days prior to effective
date of termination.
WIT ESS the hands and seals of the parties hereto this g/,ntday of
�'f,j./l',111-(LQi7, , 1987 .
•
Plant Operations , School District U-46
[Lessor]
BY:•
/,iL/2IJ. ./(•1 1
,fail Turk
Coordin'tor/Rental Facilities
ATTEST:
X4-41. 4
Secretar
FOX RIVER VAL CARPENTERS ' JOINT
APPRENTICE PROGRAM, [Lessee]
BY :
President
ATTEST:
?g,41
Secre aryp
[SEAL]
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EXHIBIT "A"
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It is understood and agreed to that, in addition to using 2,000 square feet of the
North East Wing of the North Farm Colony building the Lessee shall have access to
existing washroom facilities and existing receiving area. The leased area to be
used by the Fox Vally Carpenters for their Joint Apprenticeship Program.
•
EXHIBIT "B"
* These items remain the responsibility of Lessor.
* These items remain the responsibility of Lessee.
* Mow lawn and dig around trees and shrubs.
* Shovel snow around entrances.
* Replace all tubes and bulbs.
* Check outside lights and maintain timers.
* Perform preventative maintenance as shown on district cards.
* Replace all defective parts in sinks and toilets.
* Check the heating units and other machines.
* Check the roof and oil exhaust fans.
* Do all 110 electrical work.
* Replace ballast.
* Paint areas necessary according to painting schedule (other by Lessee upon
approval by Lessor) .
Lessee is required to make the Lessor aware, immediately, of problems which would
affect the safety and presents a danger to the building and occupants. Other
maintenance work will be completed on a scheduled basis.
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EXHIBIT "C"
INDEMNITY AGREEMENT
The Fox Valley Carpenters ' Joint Apprenticeship Program,
Lessee under a certain lease dated ,,',• /1v,• J'N /c( .) lJ ( /!,r')
for and in consideration of permission being granted to
utilize certain facilities and property of Elgin School
DistriCt U-46 , Kane County, Illinois does hereby agree to
indemnify, protect and hold harmless said School District,
it' s board members, officers , agents and employees and all
private persons volunteering services without charge, from
any claim, demand, expense or liability, including but
limited to, personal injury, death, property damage, court
costs, attorneys ' fees and interest, howsoever caused,
which arise directly or indirectly out of the utilization
of the aforesaid facilities and property by the Lessee.
This Indemnity Agreement is not to operate as a release of
any insurance company insuring any of the persons or •
entities covered hereby from liability to pay in •
accordance with the terms of any insurance policy issued
to cover claims of the character hereinafter referred to.
This Agreement shall be binding upon or inure to the
benefit of the agents , assigns or successors in office of
all parties hereinbefore designated.
Dated this 9th day of September, 1987
FOX VALLEY CARPENTERS ' JOINT
APPRENTICESHIP OGRAM [Lessee]
BY:
ATTEST:
-8-