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HomeMy WebLinkAbout91-0213 Garden Plots Resolution No. 91-0213 Gar L'i l?I cS 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 Dolonna Mecum, 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. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: : February 13, 1991 Adopted: : February 13, 1991 Vote: Yeas: 7 Nays: 0. Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk January 16 , 1990 MEMORANDUM - TO: Mayor and Members of it,�. ounce ► FROM: Larry L. Rice, Ci -ll�g�r SUBJECT: City Garden Plot A�'"7l PURPOSE To request that the City Council authorize the Mayor to enter into lease agreements with residents interested in leasing garden plots. BACKGROUND The garden plots are located at Big Timber Road and North Lyle Avenue, north of the Big Timber Train Station parking lot. The plots cover approximately 2 .5 acres of land that will be plowed and staked out in 40 ' x 40 ' plots . Forty plots will be available and will be offered for lease on a seasonal basis. In 1989 , 37 plots were leased at a fee of $10 .00 each and water was not provided. Expenses incurred by the Parks and Recreation Department, Finance Department and Engineering Department will offset any revenues . FINANCIAL IMPACT Dependent upon the number of lots that will be leased. RECOMMENDATION It is recommended that the City Council authorize the Mayor to enter into lease agreements with residents interested in leasing garden plots. • I i BIG TIMBER RD. 11 32 1800 S.F. 1870 S.F. tO 12 31 33 9 13 30 34 8 14 29 35 t•• _ 50• 7 IS 28 36 Z 6 18 27 37 r 5 17 26 38 rn 4 18 25 39 rn • 3 • 19 24 40 2 • 20 23 41 1 • 21 22 42 SOO LINE RAILROAD � LESSEE / � CITY OF ELC1N above � at the ab 6Y Mpyot !� use°f and activities lincluding acts of its sence ST: Lessee's agreement, tivi joint negligence AgTE i O+ arising from of this adteem ce at by the 1°StOvlded chat Clerk �, aeY except the tetra negligen agents P de of City death of ices during the CicY s see pt its claim ma Shed item ranged by an the Les cite of is and the en dagants. axcePtaaeo9 person {Abet than and timely pt its a aefend the game of the City all give the Legal h affects the to comPtomiso of this the City shall which lnuted ahall have the rig O2 termination f all n uit s exp \ sL th ee and itt otatheic own lntteescthat at thet the subjectgarden Plots ° this eaten Lessee ag cleat of t to the �, 1.essge shall completely out the terms the City t that fails to catty out thette by thi a \ aveeetation and debris a event that Lessee may baefauic and specifying S\ vegetation g In the time, the antes of tics, in this roses taaeenc in duo atannd 4nocite cltingtfLo oche data pfuaaeiscoo that bo�lhiiPatties being d ly aB $atving a Ott °f five �51 dayssad and mutualgan a P°ttna2ahi:,obliBatl°ns by nttactn data g further agt tared to m i debts and stipulated es term 9 It congtttheued of intette and individual ements not sc1P shall be cOand ne thet party for l bettesP°nsible tot any agte vetaltY g ated in upon ib oats hereto t shall and se binds d hand nelthet party hetatO do mutually articles corpse, auccesgpts an this conttac the Patties cOnttgcc, adminlscta es cs of this executpta, to is payments Ymen ch sits, s emepc cooditlociesanthamgelvas. sit h ea have Gauged this Elgin end the Lasgee the Pat EREOF. the pasties of the C1tY assigns utENaYSS °c and the City C1 executed by ( 4 4 AGREEMENT This agreement made and entered into this day of 19_, by and between the CITY OF ELGIN, a municipal corporation organized and 3. The term of this agreement shall be from , i , exisiting under the laws of the State of Illinois (hereinafter referred to as 19 until , 19 "City"). and • (hereinafter referred to 4. The Lessee agreed that the garden plots shall be maintained as Lessee), witnesseth: in a safe, neat, sightly and good condition, and further agrees to prevent WHEREAS, the City is the owner of certain real property commonly noxious weeds from going to seed on the premises in accordance with Elgin known as , Elgin. Illinois. and legally Municipal'Code Chapter 9.16. described as: • . • 5. It is further agreed and mutually understood that by the use That part of the Southeast quarter of Section 4. Township 41. North, Range 8 of the above described premises of the City, the Lessee expressly agrees East of the Third Principal Meridian, described at follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly that the City shall not be liable for any damages arising from personal 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 - injury sustained by the Lessee or his guest in, on, or about the premises 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 of said garden plots as a result of their activities at the subject premises. 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 By the execution of this agreement Lessee assumes full responsibility for any line of said Railroad right of•way; thence North 79 degrees 43 minutes West along l 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 such injuries or damages which may occur to the Lessee or any guest in, on the center line of Big Timber Road. formerly Huntley Road; thence South 56 degrees ( 's 49 minutes East along said center line 500.38 feet to the point of beginning, in or about the premises of said garden plots and further agrees that the City { the Township of Elgin, Kane County, Illinois. 1 shall not be liable for any loss or theft of personal property. Lessee assumes j full responsibility for any injuries, damages or losses which may occur to Lessee t WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and or guest, in, on or about the premises of said garden plots and does hereby il WHEREAS:' Lessee desires to maintain a garden in certain plots of fully and forever release and discharge the City, its officers, agents, servants f the above described property. 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, NOW. THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the anticipated or unanticipated, resulting from or arising out of the Lessee's parties: or his guests use or intended use df the said garden plots. 1. The City hereby grants unto Lessee the right to conduct gardening 6. The Lessee further agrees to indemnify and hold the City harmless on the above described property on plots numbered as as outlined from and against all liabilities, judgments, costa, damages and expenses which in Exhibit A, attached hereto and made a part hereof by reference. may accrue against, be charged to or recovered from the City by reason or on 2. The Lessee agrees to pay to the City a fee of $ account of damage to the property of the City or the property of, injury to or per plot gardened, for a total fee of $ due and payable when this agreement is executed. 1 ri • AGREEMENT • This agreement made and entered into this R3 day of --E-4'u(1 191a, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under tithe laws of the State of. Illinois (hereinafter referred to as "City") . and X Le, 12}1 J� O r)_� • (hereinafter referred to as Lessee) . witnesseth: ~l WHEREAS. the City is the owner of certain real property commonly known as Liz J P4 it , 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 1n 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 Lesser 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 $ ,l :/hir 1 per plot gardened, for total fee of $ Yr . /Y; due and payable when this agreement is executed. 3. The term of this agreement shall be from 1 /.t,Y,4 / • 19 6U until Kin. 3l 19 qo. 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 1 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 erfuture, 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 ELG N LESSEE B ,,� 4 / x►1(e4dt--� Mayor � a70 ATTEST: 3 o L City C1e • • AGREEMENT This agreement made and entered into this // day of2e....--fri.-4—•-• , 19Z by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the Stat f. Illinois (hereinafter referred to as "City") , and/ (hereinafter referred to as Lessee) , witnesseth: WHEREAS, -the City is the owner of certain real property commonly known as zielio--7/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.w4Y; 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 X 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 $ in _r- ) per plot gardened, for a total fee of $ / Z — due and payable when this agreement is executed. 3. The term of this agreement shall be from " / • , 19 9e) until Pd. 3 / , 19 i). 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 LGIN gSSEE By 1 "--4/g4L/ ''1 ATTEST: • h /� /ff,t,Le L/z lT City C1e - i • AGREEMENT • This agreement made and entered into this day of , 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 / ) �a� � (hereinafter referred to 7 as Lessee) , witnesses • WHEREAS,. the City is the owner of certain real property commonly known as 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 .South16 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 .Lesser the right to conduct gardening on the above described property on plots numbered as 4_4, 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 0.1 �( —v�) per plot gardened, for a total fee of $)( //9, due and payable when this agreement is executed. 3. The term of this agreement shall be from 19 CO until61 I 19 97). 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 r r 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 a L SSEE e By G� Mayor (� ATTEST: X /3 ? Z. `Top 0 ricig City Clerk i • AGREEMENT • This agreement made and entered into this � day of 19 /l/. by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the 1 ws of the State of. Illinois (hereinafter referred to as "City") , and (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is ssththe owner of certain real property commonly lcnown as _, 7/yt1 �}) � �� , 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 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 $JD-(Y) per plot gardened, for a total fee of $ 4j/Q_ due and payable when this agreement is executed. 3. The term of this agreement shall be frome / • , 19 % until 452v' r "/ , 1990 . 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 I 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 LESS E B Q - Y Mayor A el (/ ATTEST: X j a 7 2 1 prim p City Clerk AGREEMENT This agreement made and entered into this / qI day of `',27a7 • 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 /` >a2—Ai.1;6 /L iZ.fw.. (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as /8 /y-yd).//}) Litt-re-a-jai 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 / 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 , (7)0 per plot gardened, for a total fee of $$ /9 - due and payable when this agreement is executed. 3. The term of this agreement shall be fromVakz./--/ , 19 q until (a . 3/ , 19Q() . 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 /WE B y Mayor JILxh ATTEST: — y City Clerk • AGREEMENT This agreement made and entered into this 1 i, day of 1/ 19f, by and between the CITY OF ELGIN, a municipal corporation organized and exisicing under the laws of the State of. Illinois (hereinafter referred to as "City") , and JOIne-S K• £ N t iS'C& A ✓av 1S (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as � 7/ri)1/ (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) 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 $ IC) ,00 ry per plot gardened, for a total fee of $1 1D`ti-( ) due and payable when this agreement is executed. 3. The term of this agreement shall be from 19q--O until 61. ,. , 19 V). 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 I 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 exec ted by the Mayor and the City Clerk of the City of Elgin and the Lessee f ' ,Xt- , •80.k.L—e_19-; DC40,5 - CITY OF GIN LASSEE NOW By c. ��.t. % 0,4W s R c iars-bu, ` D.ul s Mayor, ie ATTEST: l G C VeSC Q-VL+ c � Q 'ham` a so'`- -)4 City C1e W(a3 J. • AGREEMENT • This agreement made and entered into this 2O day of 4pr 1 , 1940, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the plaws of the State of. Illinois (hereinafter referred to as "City") , and �F/(3t/`p T ( P v4/2:O, (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as ( yy e.Lr �-ZC. iIu„, 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 •.mto .Lessee the right to c ct gardening • on the above described property on plots numbered as d4= 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 $ /11 . 0 0 per plot gardened, for a total feeof.;,.,$ ! D , 00 due and payable when this agreement is executed. 3. The term of this agreement shall be from Ind,( Y► /AIL 19gp until Or+. I , 19go . 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 B ��l�J�l1l�L� ��%�(1 /�/ /W ahl e ,V y �`¢�%1r� Mayo 6-1// f40/�1./s 5Z ATTEST: �G v � O City Clerk C- • AGREEMENT This agreement made and entered into this ', It day of l�)r1 I 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/ Ea C Heal) ne_ , , k 1 :\eN (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly known as 4 '6,, /(/m/Laid .: 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 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 i parties: • 1. The City hereby grants unto Lessee the right to conduct gardening • on the above described property on plots numbered as X 4+ /0 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 ; 'D +ut) per plot gardened, for a total fee of $ l 0 . 0 i due and payable when this agreement is executed. - 3. The term of this agreement shall be from 7S'A - , 19 90 until O /. 3 / 19O. 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 th ity Clerk o the City of Elgin and the Lessee CITY OF E L�ESSEE Naffie By , i�7�`G�CCALeAli(1-V. Mayor/ gre0 ATTEST: tl 70 2.-•cc-Wt City C1er • • • AGREEMENT This agreement made and entered into this // day of -r • 1994 by and between the CITY OF ELGIN, a municipal corporation organized and exisicing under the laws of the State of. Illinois (he einafter referred to as "City") , and • — (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as /C`yr^ LvLf.Cx_ 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 i parties: • 1. The City hereby grants unto Lessee the right to conduct gardening on the above described property on plots numbered as I 2—//) — 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 $ja0 v per plot gardened, for a total fee of $/ /Q -- due and payable when this agreement is executed. • 3. The term of this agreement shall be from A i},1�G�- 19 el until Al ' / 19 q(/ . 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 1 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 by t e Mayor the City Clerk of the City of Elgin and the Lessee CITY OF ELGIN LESSEE By Mayor ATTEST: City Clerk i • AGREEMENT • This agreement made and entered into this 7 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") , andy L_bk6 � fi--)666e_S (hereinafter referred to as Lessee) , witnesseth: WHEREAS,, the City is the owner of certain real property commonly known as .ClC�r, Z11-40) 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 i 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. 2. The Lessee agrees to pay to the City a fee of ;JD, OD per plot gardened, for a total fee of SA/ / Q due and payable when this agreement is executed. /// 3. The term of this agreement shall be from / • 19 90 until cQ d. 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. , of 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 1LGIN LESSEE �� Nakite By j � .r_',11�2.2�� -C�dLf - i 4-0/l LC fr O /S Hay G� ATTEST: / 22O Vñi-ty 0,6&94y/e' 0._, ,,,,-,..,:_.,) L&w,..,,,..,.., _.,2,-1,,____ City Clerk (1 • AGREEMENT • This agreement made and entered into this 7 day of , 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 X ��Sc� me LnnnhQ11145• (hereinafter referred to as Lessee) , witnesseth: • • WHEREAS,, the City is the owner of certain real property commonly known as 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 X �� 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() per plot gardened, for a total fee of Si( JD r v () due and payable when this agreement is executed. 3. The term of this agreement shall be from / • 19 �� until dc/1j� �/ , 19 (0. 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 execut). by t e Ma or and the City Clerk of the City of Elgin and the Lessee • CITY OF LGIN ESSEE // /�r14P )ft f g �L-�S'Ccv)ne LOn� DC� lY/Q Mayo ATTEST: �b 8 -�P • IP 1 LJG City Cler (-1 • .,- AGREEMENT • This agreement made and entered into this �� day of Ai r ) , 19 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred co as "City") , and/Cj1 r erS4k l gs (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City amiss the owner of certain real property commonly known as 7,' 7u' 4) k...., 2,657/ , 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 I. - parties: 1. The City hereby grants 'unto .Lessee the right to conduct` gardening on the above described property on plots numbered as 4, 3O ''i 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 L- / per plot gardened, for a total fee of $ sC • DO due and payable when this agreement is executed. 3. The term of this agreement shall be from 1G�2 I • , 19 qiQuntii 044 3/ 19 C? 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 -, or and the City Clerk of the City of Elgin and the Lessee 4,,e_e7Aa CITY OF GIN LESSEE By Gl/ On his ( tq'c ,//I,r Mayo 4oth ATTEST: • // 7o �JJt7 �`. City C1ej-' • ,' •• AGREEMENT (— This agreement made and entered into this , " day of �� , • 19.2) by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the la s of the State of. Illinois (hereinafter referred to as "City") , and e, tip lip-)...) (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly • known as 7(VIX.e)), try ./,�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 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 rX ,R) tR a • 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 $ /1D,Oc per plot gardened, for a total fee of $ )( , (9.C.T.) due and payable when this agreement is executed. , 3. The term of this agreement shall be from �� / . , 19 '5?) until cOd • / , 19g9 . 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 I 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 he Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF A; GIN k(E SSEE By ' Aotyfa41)4- rs�y.� ATTEST: ocia 3. City C1er1 AGREEMENT ttik- This agreement made and entered into this y g 3 day of r, , 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,,0ih4.Pk (/jfJ'j e S (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as g' Zi/111 p ) 7'�2 i9 , Elgin, Illinois, and legally ief— 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 X j'a.--) . 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 $ Cap per plot gardened, for a total fee of $/1( JQ.ter due and payable when this agreement is executed. --A3. The term of this agreement shall be from / • , 19 977 until Al 3 / , 199/ . 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 1 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 he City Clerk of the City of Elgin and the Lessee CITY OF GIN 'Asp B y t ;s' X �O l �� UC iJ C� 4 r Mayo" 5 �c�Ce ATTEST: 68/, I 0,;-, , J j� City Clerk AGREEMENT This agreement made and entered into this 0day of 478ri / , 19� by and between the CITY OF ELGIN, a municipal corporation organized and exisicing under the laws of he St to of. Illinois (hereinafter referred to as tf "City") , an 4./�'/E/Z.y / jf.SG (hereinafter referred to as Lessee) , witnessech: • WHEREAS, the City is the owner of certain real property commonly known as i47t 4) , � ArA 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/ y, S7 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 Sip/ M per plot gardened, for a total fee of $ 30- bd due and payable when this agreement is executed. 3. The term of this agreement shall be from X'Atj ! , 19 �� until Orli_ 3/ , 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 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 y the y 'r d the City Clerk of the City of Elgin and the Lessee CITY 01F;•ELGIN LA1SEE BY May tette X � ATTEST: X 13 7 Toflo City Cl k • AGREEMENT This agreement made and entered into this o day of/7 arGk) , • 1990 by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under e laws of the State of. Illinois (hereinafter referred to as "City") , and)( .=;4.. ,e,fr - ti•,i;,-- (hereinafter referred to as Lessee) , • tnesseth: WHEREAS, the City is tthe owner of certain real property commonly A.9_known as Millet) ,.:Y M/I, 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 /3' 13( T 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 $ 1 0 0 0 per plot gardened, for a total fee of $/( D,CDC) due and payable when this agreement is executed. 3. The term of this agreement shall be from / . , 19 until / 19 Q() 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 execut by the Mayor and the City Clerk of the City of Elgin and the Lessee C 2 u/2.+1s- \ { ' . i SEE , Wr7 ✓�,� - ,,,,,,4_ e CITY Q talltall � �h �/I 0 .�.� t tic. G? By/ r �3 F (1) ATTEST ; a,"f City Clerk (-- / • AGREEMENT • This agreement made and entered into this �9 day of AlnX 199o, 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 , 1 j( /G%-/tL A/eL i(0 • (hereinafter referred to as Lessee) , witnesseth: WHEREAS,, the City is the owner of certain real property commonly laiown as ,� 7t A ) b��Z z , 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 i 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. //�� 2. The Lessee agrees to pay to the City a fee of $ 127(J ) per plot gardened, for a total fee of $x 16, due and payable when this agreement is executed. 3. The term of this agreement shall be from / . , 19 qv until 0 6/. 3/ 19 QO 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 th City Clerk of the City of Elgin and the Lessee CITY OF GIN vas i9iC SEE By Ci`' =4�`'�-/�/ X /��i� /(0/-��/ Mayo' V ATTEST: #/'3 t`:& 11e7 G7 City Cl f • AGREEMENT• /� , This agreement made and entered into this dayof /�� , 8 � 19_2, by and between the CITY OF ELGIN, a municipal corporation organized and exisicing under the 1 s o 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 ,&.2._1 -7(�,,O,01? ) �` .i' , 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 toll conduct gardening on the above described property on plots numbered as �(1jg-) I4 4- 1S 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,no per plot gardened, for a total fee of $ f LtD no due and payable when this agreement is executed. 3. The term of this agreement shall be from 19 Qi) until (Oil) - f 19 q9. 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 neglige nce 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 execu ed by th 'Mayor and the City Clerk of the City of Elgin and the Lessee CITY ELGIN LE�SSEE By ' -Alti.-ui v !2 / J o k r i9 ref ATTEST: 21 �r �/vrvl\ I(s4✓� V—Kr2 ,, — L �� / b 0(2� City C1e J ` AGREEMENT This agreement made and entered into this i/ day of 7/(dii..-e/t", • 199), by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the ws of the State of. Illinois (hereinafter referred to as "City") , and I�Jt�/� �� ,,,. //e/ (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the /City is the owner of certain real property commonly k ")„,e_p°nown as (�y &t?A -lL0-17, 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 t 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 ash( 0 ` 19 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 $ )O .n per plot gardened, for a total fee of $4 �0.O() due and payable when this agreement is executed. 3. The term of this agreement shall be from /124/— , 19 g// until Od. 3 / , 19 0. 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 l 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 e tp•r a Clerk of the City of Elgin and the Lessee CITY OF LGIN LnE/SSEE� �� ^ By at-(•()L,ail-1--)4a% /✓vGl i' "` ee' liC"% p Mayo 4ddle`/`/ 36 (U 37O tyro&•0 4//li7,ar ATTEST: City Clerk • AGREEMENT • This agreement made and entered into this Gi dayof GL-(CJk , 8 19 9?) by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under41115da the laws of the State of. Illinois (hereinafter referred to as "City") , and �F�ti�•'1 �p2t • (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as 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 WHEH.EAS; 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 i parties: • 1. The City hereby grants •un.to .Lessee the right to conduct gardening on the above described property on plots numbered as X Zas 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( ) per plot gardened, for a total fee of $)/ it.) -Cr due and payable when this agreement is executed. 4{ 3. The term of this agreement shall be from di2. / . 19 / 0 until (6)d_ 19 6-if . 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 GIN LE SEE By Mayo i4Mr^eo ATTEST: \14 Ue-L5LLt_sL-2-4-e- -34•C&Ak.J City Cle AGREEMENT This agreement made and entered into this 7; day of 7A7V-41-; 19 by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under th laws �of the State of. Illinois (hereinafter referred to as "City") , and ` 4' p Si-i,q�) (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as / , �/V•Litp ) ,`�%t1,� , 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 i 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. 2. The Lessee agrees to pay to the City a fee of ;it) .(-)0 per plot gardened, for a total fee of $/ )0 .CO due and payable when this agreement is executed. 3. The term of this agreement shall be from%�%/.ch , • ' 19g1) until Oj. -3 / , 19 qt. . 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 I 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 c 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 eexecuted b� Mayor and the City Clerk of the City of Elgin and the Lessee • CITY OF LGIN LESSEE Akt ifi ejr B IJ_ (4'111 )/4-4 K),b , Mayo )1We i ATTEST: / i—E Ji U City Clelck • I • AGREEMENT • This agreement made and entered into this 6 day of 746.2.41... , 19 6, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting laws of t State of. Illinois (hereinafter referred to as "City") , a rV (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as i //y 1L , 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 centerline 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 .Lesser 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. t� 2. The Lessee agrees to pay to the City a fee of $ loin ) 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 7141. 4 19 ql) untii _63 1 19 q . 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 I 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 nd the City Clerk of the City of Elgin and the Lessee (: C5---- - ,sL,VA-A0----r- \_ CITY OF LGIN ESSEE • May r ATTEST: City C1erA • AGREEMENT • This agreement made and entered into this day ofla-- 19��, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of (2/?1?(IQ,/1 .7t ' thhe SSttateof. Illiinois (hereinafter referred to as "City") , and \ � j. (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as 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 .Lesser the right to conduct gardening • on the above described property on plots numbered as (Q Ce as outlined in Exhibit A, attached hereto and made part hereof by reference. 2. The Lessee agrees to pay to t City a fee of $ JCS O.Co when per plot gardened, for a total fee of $ due and payable this agreement is executed. 2L 3. The term of this agreement shall be from /24 • , 19 q() until 1 S 0/ , 19 10. 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 1 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 exec ted by the Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF LGIN LESSEE By /J Na�P Mayor ATTEST: A /1 J AO®, \ -)‘`,4 Iv 0/23 City C1e k • AGREEMENT . I 1 This agreement made and entered into this day of / l iqojl , 19q , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under a laws of the State of. Illinois (hereinafter referred to as .-3-\. "City") , and A .\() /.�NAQ 'P '� t-(2- (hereinafter referred to as Lessee) , witnesseth: WHEREAS, , the City is the owner of certain real property commonly known as ,�Q,C ��ry�.�r, oj) .�� � 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 WHEH.EAS; 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 -- / � 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 $ in rir,6--) u per plot gardened, for a total fee of $ D — due and payable when this agreement is executed. 3. The term of this agreement shall be from / • , 19 q(1.)_ until ed t'�f , 140 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 exec di b the Mayor a the City Clerk of the City of Elgin and the Lessee L\ lA1v1 (1 . r • CITY OF EL N LESSEE None N By _ avunA2 yor dd: ATTEST: \ /4 l?` l �l City Cleric CPyr- �-- 00 • AGREEMENT • This agreement made and entered into this a3 day of 19Z, 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 X L1) e 11 /oJr)_<) (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City�iiss the owner of certain real property commonly known as AL/ 76//d(D ly/,(,A,C,(,(h1 , 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 i parties: • 1. The City hereby grants •unto Lessee the right to conduct gardening on the above described property on plots numbered as/ 4L 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 $ 'Or,r per plot gardened, for a total fee of $ /( . 1)() due and payable when this agreement is executed. 3. The term of this agreement shall be from "7 /, /4 / . , 19 until (n 31 19 qo. 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 ELG N LESSEE BY -Z/2V-e!e.-d ‘-,;:.faA"1"7-4 /VW n 6Z-W___,3 /(-6-r--, Mayor C ATTEST: 3 City C1e • AGREEMENT This agreement made and entered into this . 3 day of 9 , 19 T.., by and between the CITY OF ELGIN, a municipal corporation organized and exisicing under he laws of the State of. Illinois (hereinafter referred to as "City") . and � y 0.E(� % e �l re/ m /-� (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly known as /5`� 7 ./7/2,/./..e/01,1-72—Z-W , 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 WHEH.EAS; 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 a S/ 3 5 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,M per plot gardened, for a total fee of $ c20.a) due and payable when this agreement is executed. 3. The term of this agreement shall be from // • , 19 q until 001 3 / , 19_ga 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 1 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 exe ted by the Mayor the City Clerk of the City of Elgin and the Lessee CITY OF E IN SSEE By it iv/yell/72-a_ iK4-0,)1 12. Mayor e"i ATTEST: c/W9 -44jJfl CxP 2� 60OLGUN-Le-- W.41/ City Cle i • AGREEMENT • This agreement made and entered into this7(dc day ofxe-F24/. 1906, 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 (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as . � �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 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 i parties: • 1. The City hereby grants • to 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. 2. The Lessee agrees to pay to the City a fee of $ per plot gardened, for a total fee of $/( �O.0 2 due and payable when this agreement is executed. 1 3. The term of this agreement shall be from / &)ZI / , 19 00 until CO' ,,3/ , 19 q2). 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 1 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 exec/j- the yor and the . Clerk of the City of Elgin and the Lessee CITY OF GIN LESSEE Name By May ATTEST: • D 7 66��, 770g )kLeUtAlLaA4 City C1e • AGREEMENT • This agreement made and entered into this ,7 (a day of • 19T , 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 • (hereinafter referred to as Lessee) , vitnesseth: • WHEREAS, the City is the owner of certain real property commonly known as 6 7/i,yn(,(Q 5,(,( 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 r/0v4— I / 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 $ i n;n rs) per plot gardened, for a total fee of $ / U,, U v due and payable when this agreement is executed. 3. The term of this agreement shall be from (bu7,4 l• 19 ql) until ed...1 3/ , 1990 . 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 1 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 executed by, Mayo an the City Clerk of the City of Elgin and the Lessee I . , . CITY OF E IN ESSEE By .ems' 4-(4..4s,ade7-4_, 17111,�� Mayor Mi-e0 l�,4 %/--c/s-c�c-/oo,� L' T f� ATTEST: �LGi�-�' (G Gc%2 0.,,__tpi City C .,(L),..A4L4.4,/,__ le /