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HomeMy WebLinkAbout89-0322 Garden Plots o3aa c, 44-41 t?tesirS RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENTS FOR GARDEN PLOTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute lease agreements on behalf of the City of Elgin for garden plots in substantially the form as attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk •J AGREEMENT This agreement made and entered into this _.1 !Q_%—day of 'ai! , 19 ,', by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the /laws of the State oLf. Illinois (hereinafter referred to as "City") , and L(,L/� L'l. �© O 7 (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as �Nr' � 1Q�{� Elgin, Illinois, and legally described as: a That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, -1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS, Lessee desires to maintain a garden in certain plots of • •,r the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants •unto .Lessee the right to conduct gardening on the above described property on plots numbered as Z6 //47 / as outlined in Exhibit A, attached hereto and made a part hereof by reference . 2. The Lessee agrees to pay to the City a fee of $/t• per plot gardened, for a total fee of $ /Q,CC due and payable when this agreement is executed. 3. The term of this agreement shall be from , Ad, / • g le 19 0 / until 6{,- 51 19171. 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on Cor about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the yor a the City Clerk of the City of Elgin and the Lessee • • CITY O/LGIN LESSEE Ma By//__ Te/7-, *;1, •7/7 I/%/a ATTEST: S Lkim / _� / 66/2/ J City Clerk • AGREEMENT • This agreement made and entered into this d day of /f '/ , 19 09, by and between the CITY OF ELGIN, a municipal corporation organized and • exisiting under the laws of the State of. Illinois (hereinafter referred to as "City") , and 00 E(ZT '?. K J // <4411 r, /4 (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is thhe owner of certain real property commonly lcnown as � // ei / /z .q' . Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as' follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants •Lento Lessee the right to conduct gardening • on the above described property on plots numbered as LOB l� d Pas outlined in Exhibit A, attached hereto and made a part hereof by reference . 2. The Lessee agrees to pay to the City a fee of $ /Q, 00 per plot gardened, for a total fee of $ 020.00 due and payable when this agreement is executed. 3. The term of this agreement shall be from r/�(,Y, / , 19 A until Pl/ 3/ , 19 9 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on (- or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or I death of any person, arising from Lessee' s use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City ( by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be ex cu ed by the/Mealyo (/a///����d -the C' y Clerk of the City of Elgin and the Lessee . - • CITY OF ELGIN LESSEE By • , Maypi ATTEST: g A/1/4/1(. P R hit/ o 1 23 City Clerk 4-- • AGREEMENT • • This agreement made and 'entered into this r)LQ day of 'A..-e..j? 19 by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of Illinois (hereinafter referred to as tf /►7 (hereinafter referred to "City") , and 41 1A l _ .( as Lessee) , t nesseth: EREAS, the ��Ci__ty is the owner of certain real property commonly known as ,L �/A/1,(L))._V_Gllfejl, Elgin, Illinois, and legally described as: ti That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, 1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of•way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. A WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth -it is mutually agreed herein by and between the parties: • 1. The City hereby grants .unto .Lessee the right to conduct gardening on the above described property on plots numbered asGt/A 1*' ?,5d 31 as outlined in Exhibit A, attached hereto and made a part hereof by reference. ) 2. The Lessee agrees to pay to the City a fee of $ /Q C,' per plot gardened, for a total fee of $ c,;4), (T) due and payable when this agreement is executed . 3. The ter of this agreement shall be from 0 / • , 19 until (4./ 3 , 19 4. The Lessee agrees that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. S. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be ecuted by the Mayor and the City Clerk of the City of Elgin and the Lessee SS CITY OF E4,GIK ; By Mayor, - tc\'*" _ z(...) L .f ATTEST: • City Cle L AGREEMENT • This agreement made and entered into this (deLday of (i I , 19 F7, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the tat of. Illinois (hereinafter referred to as "City") , and / ,',41j% y i U� '6•(------ (hereinafter referred to � as Lessee) , witnesseth: WHEREAS, the City is the ��wnner of certain real property commonly known as „6_" 7,-,,,,„ii,f)--- lL��-G�C�I fa )Elgin, Illinois, and legally .\-- described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as 1 Document Number 958219 for the point of beginning; thence .South 16 degrees 13 ! minutes West along the West line of said Traeger land 811.64 feet to the Northerly i line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain agarden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants •unto .Lessee the right to conduct gardening on the above described property on plots numbered as 3 d-z/' as outlined in Exhibit A, attached hereto and made a part hereof by reference . 2. The Lessee agrees to pay to the City a fee of $ /(,a, • per plot gardened, for a total fee of $ due and payable when 021),/g) this agreement is executed. 3. The term of this agreement shall be from / / • , 19 s 7 until (0&/ 3/ , 194/. 4. The Lessee agrees that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or f , death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be ecuted the,4phyor ndity Clerk of the City of Elgin and the Lessee I I ESS CITY OF ELGIN ;7ititic -�r�'' n C f G i � C J / r By rya / i/ C 1 / '1 PL ATTEST: • /`£ t ty,Clerk VV � 1 .d AGREEMENT • This agreement made and entered into this � day of if/4!) , 1910, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as "City") , and //yiz)4 / yE (hereinafter referred to as Lessee) , witnesseth: WHEREAS,-- he City is the owner of certain real property commonly known as 6g! ✓/�� ,� ���1/ , Elgin, Illinois, and legally N described as: That part of the Southeast quarter of Section 4, Township 41 , North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7. 1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence -South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of r 7 .� the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered asc-3 as outlined in Exhibit A, attached hereto and made a part hereof by reference . ` c� 2. The Lessee agrees to pay to the City a fee of $ /i per plot gardened, for a total fee of $ 767 ram- due and payable when this agreement is executed. .J 3. The term of this agreement shall be fromAe.lL a 5 , 19C1 until �c � `ST , 19 9 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on ( or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee' s use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF -:ELGIN LESSEE • By ,,t-71,/ Ma y ATTEST: 2c /14 City Cle • • • AGREEMENT This agreement made and entered into this day of _4, , 1 19 n (' by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws [of the State of. Illinois (hereinafter referred to as "City") , and N , I . Sel �f (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is t e owner of certain real property commonly known as f ?e eit , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, 1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of•way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; "thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS Lessee desires to maintain a garden in certain plots of .r Ti ' the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants Ammo .Lessee the right to conduct gardening ad on the above described property on plots numbered as C as s outlined in Exhibit A, attached hereto and made a part hereof by reference . 2. The Lessee agrees to pay to the City a fee of $ JO. Cn per plot gardened, for a total fee of $ 2()_( ) due and payable when this agreement is executed. 1 3. The term of this agreement shall be from h ,,,,,w..._' 4: / . , 1 19 until 64/ 3 / , 19 2 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be uted by ,e Mayo and t of the City of Elgin and the Lessee 411111110 CITY OF ELGIN LESSEE Bye% 1-,` Ma r JO_ at 0/4 i-oe-y7V0/.X,.„) ATTEST: LQ. W•4J4P 277 6 07/0 City C1er • • AGREEMENT • This agreement made and entered into this / day of / /�/ //,� , 192 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as "City") , and kgr/C/ e1/2/C (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as dJ1, 11046e( G��i 00 , Elgin, Illinois, and legally •,J described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants •unto .Lessee the right to conduct gardening on the above described property on plots numbered as 1- 74 / 4/-.".7 as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ / 7. 00 per plot gardened, for a total fee of $ 2 0 OD due and payable when this agreement is executed. 3. The term of this agreement shall be from Or-63v t . , 19 ;1C1 until OC7 3/ , 19_4_ 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee re- Q f ,e_cQ • - CITY OF ELGIN LESSEE By X - mayog ialtk-C2e4-- „Pa 44-7--czAj_ ATTEST: ed0)(Araf-5(// / //0 City C1etk AGREEMENT • 0 This agreement made and entered into this ,,) day of 4-1,(ic__ 19 /, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting and r the laws of the State of. Illinois (hereinafter referred to as 1 "City") , and 4 hill ) M . -. 1 . (_/ _..1 (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly '',2( known as /a !i> >/-) •,cfit( r;.•✓ , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company: thence South 89 degrees 19 minutes West along said Northerly right of way line 1 ,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of•way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; "thence North 16 degrees 13 minutes i East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants 4.ai.to .Lessee the right to conduct gardening on the above described property on plots numbered as �3) f 33 as outlined in Exhibit A, attached hereto and made a part hereof by reference . f 2. The Lessee agrees to pay to the City a fee of $ /0 ;-yi per plot gardened, for a total fee of $ ,-- j) y�� - due and payable when this agreement is executed. r 3. The term of this agreement shall be from 1 ,QL/L- j: . , 19 y until OCA 3.j= , 19 S 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City_ Clerk of the City of Elgin and the Lessee CITY OFELGIN LESSEE J.) I \C:21 )11 r ATTEST: . 11 City Cle 4 AGREEMENT • This agreement made and entered into this I() day of ! , 1929, by and between the CITY OF ELGIN, a municipal corporation organ zed and exisiting under the laws of the St/ate of. Illinois (hereinafter referred to as "City") , and 0-a Vt ice 5/i ,, /1' (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the! owner of certain real property commonly • known as " C.�} . 1t 7�► Elgin, Illinois, and legally described as: • That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company: thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811 .64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes • East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees • 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants unto Lessee the ri ht to conduct gardening on the above described property on plots numbered as as outlined in Exhibit A, attached hereto and made a part hereof by reference . n .�X7 2. The Lessee agrees to pay to the City a fee of $ �L' / C0 per plot gardened, for a total fee of $ /L7 due and payable when this agreement is executed. n 3. The term of this agreement shall be from ' /('//J �{I I , 19 until ni5le, ! , 19 D / . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any ( such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shah not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due ,and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be xecuted by the Mayor and the City Clerk of the City of Elgin and the Lessee p r CITY OF EI.LIN LESSEE By Mayoy ak(*ele-4-k ATTEST: \L `,2 • -1,LA City Cle k • • • • AGREEMENT • This agreement made and entered into this I 1 day of (././//t1 , 19 by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under('the laws of the State of. Illinois (hereinafter referred to as E "City") , and -f{'teej4,fe fra/ k// g (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as /6 '2,.t 7LL 5i/1, Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41 , North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence=North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants •unto .Lessee the ri t to conduct gardening on the above described_property on plots numbered a (p # 7 as outlined in Exhibit A, attached hereto and made a part hereof by reference. • 2. The Lessee agrees to pay to the City a fee of $ /61696" per plot gardened, for a total fee of $ /(.' e due and payable when this agreement is executed. /7 n 2' '_e-i6'---3. The term of this agreement shall be from / 19 96j until nt, 3 , 19 ,�. 4. The Lessee agree that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any ( such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of -the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and propertime, the agreement may be terminated by the City l_ by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF,, the parties have caused this agreement to be 1e ecuted by the Mayor and the City Clerk of the City of Elgin and the Lessee f-: CIL,\4 L,' Z ..)£1--yuC (,"^ • CITY OF -ELGIN By LESSEE �c: < � � �� Mayor 0},b,ljam- ATTEST: / City Cler • • AGREEMENT This agreement made and entered into this lb day of ra(-C-I1 , \ 19 n by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the Sate of. Illinois/ (hereinafter referred to as "City") , and �. � � /V' (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as elj / 41 je( /, 7Uj(1/4 . Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41 , North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley I Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of STD. . the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties.: 1. The City hereby grants • nto lessee the right to conduct gardening on the above described property on plots numbered as L •# .2 V as outlined in Exhibit A, attached hereto and made a part hereof by reference./>/� ,c� 2. The Lessee agrees to pay to the City a fee of $ v • v0 per plot gardened, for a total fee of $ /0, ()e,:) due and payable when this agreement is executed. 3. The term of this agreement shall be from U_�_ I _ • 19 c67 until C 19 qV. 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the aboveldescribed premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City ( _ by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee *atONA a#1 C(L4/ ni CITY OF LGIN LESSEE y C/64.44.0440940a-- ZAkgrQkj\(\Gni\60-N May a�fe5 5 c Q .�CL ATTEST: C" _ _ a 5 City C1e k AGREEMENT This agreement made and entered into this day of „A 19 , by and between the CITY OF ELGIN, a municipal corporation org ized and exisiting under the laws f the State of Illinois (hereinafter referred to as "City") , and L.),5„) (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as .4?11/< Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of•way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of )r 'J i. the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants unto Lessee the rig t to conduct gardening on the above described property on plots numbered as as outlined in Exhibit A, attached hereto and made a part hereof by reference . ,f� 2. The Lessee agrees to pay to the City a fee of $ (3C� per plot gardened, for a total fee of $ le,et due and payable when this agreement is executed. 3. The term of this agreement shall be from 762 / . , 19 yoi until 04 3 / , 19 p9' . 4. The Lessee agrees that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or wj death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by th Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF ELGIN LESSEE By Mayo -21L ATTEST: � £-k � 1`'L - --1WLAY•4(2•(-- re) C k-SkA .) OA- ) City Clem • .' AGREEMENT This agreement made and entered into this .D3 day of /% GJ� , 19 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as "City") , and c/�,6,46y jAL.6.4Jd (hereinafter referred to as ,Lessee) , witnesseth: WHEREAS, ,the City is the owner of certain real property commonly known as 241N—e•e-e-4 Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above • described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered a ‘ 74/ as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ /C` ZZ per plot gardened, for a total fee of $ `D; CP) due and payable when this agreement is executed. 3. The term of this agreement shall be from / . , 19 19 until 9()/ 3/ , 19 �. 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to _compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City ( by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee f- CITY OF TGIN LESSEE By 064414 Mayor 1 Aa ATTEST: (3L}L.)._,L City Cle • AGREEMENT This agreement made and entered into this X, day of /�-J,C.,// , 19 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws jof the State of. Illinois (hereinafter referred to as "City") , and ,20/J / C_/4 //h • (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as .V'//o/ A , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as' follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7,' .1961. in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; •thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants unto .Lessee the right to conduct gardening • on the above described property on plots numbered as J L. as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ /0 —" per plot gardened, for a total fee of $ /0 due and payable when this agreement is executed. d- 3. The term of this agreement shall be from /L.J, 4C_H (v . , 19WC1 until 1 3 , 19 g9 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed the Mayor and the City Clerk of the City of Elgin and the Lessee , l • 1„,„d . CITY OF GIN LESSEE 442fAel /fit)A/14.2)1‘' Mayo ATTEST: City C1e k • AGREEMENT This agreement made and entered into this J' day of / A c, , 19q, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of he State of. Illinois (hereinafter referred to as "City") , and �t-J'r/ OS • (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly `� � �%known as /0 /4J%p� , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley • Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along ` said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes ( East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in ! the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and ; WHEREAS; Lessee desires to maintain a garden in certain plots of I )r 7i^ the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants •unto .Lessee the right to conduct gardening on the above described property on plots numbered as ,' as outlined in Exhibit A, attached hereto and made a part hereof by reference. C 2. The Lessee agrees to pay to the City a fee of $ 0 ' 1 per plot gardened, for a total fee of $ ! �- due and payable when this agreement is executed. r 3. The term of this agreement shall be from ,(an,f C , • 19 until -T 3/� ^ / , 19 � t 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent J noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City Cby serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be e ecuted by the Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF LGIN LESSEE 77 , By May ATTEST: City Old_A:LaAWA4kaAk i f • AGREEMENT This agreement made and entered into this day of —'A c_" , \\ 199,(), by and between the CITY OF ELGIN, a municipal corporation organized and exisiting unde the law of the State of. Illinois (hereinafter referred to as "City") , and 6_R-rm-----, (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as I� / / �i1// S/�T0� , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line , 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence •South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; •thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of 7 i:' • the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants •tm:to .Lessee the right to conduct gardening on the above described property on plots numbered as 37 .?6,3K2s-ca7 as outlined in Exhibit A, attached hereto and made. a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ /(s— ,r,q. per plot gardened, for a total fee of $ �pO ' due and payable when this agreement is executed. 3. The term of this agreement shall be from /i/Th c# 4• , 19"2y until (,)Cf / �i s� , 19 ° / 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement •Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use 'of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in 1 this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed b th yo and he City Clerk of the City of Elgin and the Lessee CITY OF LGIN � Q LESSEE By /iw � �/V54--- I� Mayo ATTEST: S-7/ /V 4(AI/L- - �/. J City Cl k • AGREEMENT • This agreement made and entered into this day of •7 ; 19 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as • "City") , and I. ^`x,, �' (hereinafter referred to as Lessee) , witnesseth: Q WHEREAS, the City is� the owner of certain real property commonly �1�known as 0, ' 'r .0.k� S �e.Xl.. ,, , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed • recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above . described property for the purposes of gardening; and WHEREAS Lessee desires to maintain a garden in certain plots of • • the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • • 1. The City hereby grants unto .Lessee the right to conduct gardening • on the above described property on plots numbered as Jc' as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $IQ.O O per plot gardened, for a total fee of $ 10.0 0 due and payable when this agreement is executed. 3. The term of this agreement shall be from PIA. , 19% 1 until (cAk , 3I , 19 4. The Lessee agrees that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or 1 death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. i 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be execu� by the yor and the City Clerk of the City of Elgin and the Lessee V CITY OF GIN LESSEE By 7 l/(�G'lid ;1- Z 71:4 Mayor ATTEST: /607 iid 0,L2A./1.} City C1 rk • AGREEMENT • This agreement made and entered into this 1 day of -77/.4,,e , 190 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws ofc the State of. Illinois (hereinafter referred to as "City") , and d_csrut ` }in,p • (hereinafter referred to as Lessee) , witnesseth: �l WHEREAS, the City is the owner of certain real property commonly known as % C: Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 69 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7. 1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; "thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of 5 ic' the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered as LI as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $\0.0 0 F. per plot gardened, for a total fee of $V)-0 O due and payable when this agreement is executed. 3. The term of this agreement shall be from / " Q r., .1 , 19 g1 until Q'Q- _ 31 , 19gc) 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on (_- or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this 1 agreement in due and proper time, the agreement may be terminated by the City ( k_ by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 1 9. It is further agreed and mutually understood that nothing in this i contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor the City Clerk of the City of Elgin and the Lessee CITY OF IN LESSEE By / - 4/A4 May ATTEST: • ��l�,i lei.0� ,6/ . 11 J ( - " , i City Cl'rk • AGREEMENT This agreement made and entered into this I $day of — _, . , 19S9 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the ((State of. Illinois (hereinafter referred to as "City") , and Q (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly lrnown as �s Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company: thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to �_. the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: . 1. The City hereby, grants -unto .Lessee the right� to conduct gardening on the above described property on plots numbered as 7 as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $1°0 0 per plot gardened, for a total fee of $ )0,•O O due and payable when this agreement is executed. 3. The term of this agreement shall be from —1N4w,cb, . f , 19$9 until ©C . 31 , 19 g 1 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF E GIN LESSEE By At / l- : &-- (� Mayo ATTEST: ( s . kic„. City Cl k AGREEMENT • This agreement made and entered into this j day of /Li4,QC 71 , \• 19 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under he laws of the State of. Illinois (hereinafter referred to as "City") , and . NA%iCSOAD ' (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as (-4 /1 L3�G l 0A..) , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants •into .Lessee the right to conduct gardening on the above described property on plots numbered as1 O1 a 3 as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ `0 per plot gardened, for a total fee of $ 4,4) due and payable when this agreement is executed. 3. The term of this agreement shall be from I. PI C_H / S 19vq until ()5i L , 19 .g? 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City ` by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. .ITNESS I. REOF, •e parties have caused this agreement to be r / .// - - 4 _yo an. - C . Clerk of the City of Elgin and the Lessee ,_MI, - CITY OF GIN LESS y"� �� By Ma ATTEST: City Cl k (I. • AGREEMENT • This agreement made and entered into this 3 day of -7i.QL , 190 c1, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as "City") , and ' y (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as 1vrtJ3 ) a,j , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as' follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 ' minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; "thence North 16 degrees 13 minutes East parallel to the West line of the Traeger. lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above, described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of • the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered as o as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $JO,0O per plot gardened, for a total fee of $ JO OO - due and payable when this agreement is executed. 3. The term of this agreement shall be from - racl<. . J , 19g9 until OA. 19R9 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City Q. by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF -LGIN LESSEE By .0 44ft•Adef4009ta.. May./ ATTEST: k // �j W/C/MVO• � A ,ELC(,J City Cler C • AGREEMENT • This agreement made and entered into this a3 day of IJ Ley , 1 19v , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under ��the�� laws of the State of. Illinois (hereinafter referred to as "City") , and <:P.PI o N- • (hereinafter referred to CIS as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as ft .S ) , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way' line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company: thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and • WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered as 11071 as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ 10,00 per plot gardened, for a total fee of $ 10_0O due and payable when this agreement is executed. 3. The term of this agreement shall be from . 1 , 1919 until 04a.st 31 , 19 89 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any ( such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be execute - -he Ma o an City Clerk of the City of Elgin and the Lessee CITY OF ELGIN LESS By .i4p0.0' May ATTEST: - 6? �i (�l U'� a z (ak k -(' e-Q U�vrt, v z 3 City Cle l J AGREEMENT This agreement made and entered into this q day of 19 V, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the St to of. Illinois (hereinafter referred to as "City") , and' „cIL 1/726 ii'c.� (hereinafter referred to as Lessee) , witnesseth: WHEREAS, thief City ��isBB the owner of certain real property commonly known as ( Y , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, .1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of,way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; "thence North 16 degrees 13 minutes East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: • 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered as , //7 as outlined in Exhibit A, attached hereto and made a 'part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ CO per plot gardened, for a total fee of $ _ C) due and payable when this agreement is executed. 3. The term of this agreement shall be from �� fifA 1 • 19 1 / until 04 3 / , 19 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or 1� death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City ( by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be It cuted by the Mayor and the City Clerk of the City of Elgin and the Lessee • CITY OF LGIN /J ESSEE By IY./� May ATTEST: • )( /�O ) / ?emieA, deuadiwtAKAAA____- I 'e_ (00 /� 0'City Clk L rCNNN1i BIG . TIMBER R D• II J2 v-- 1800 S.F. 1870 S.F. X12 31 33 9 - 13 30 34 a 14 29 35 1., _ so. 7 • 15 28 36 L L 6 • 16 27 37 3 • 19 24 40 2 20 23 41 1 • 21 22 42 SOO LINE RAILROAD