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Home My WebLink About92-0408 Garden Plots (2) cia-Q040 0.404p ,Pd#s 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: April 8, 1992 Adopted: April 8, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • �r ° Agenda Item No. Lft 04.44"0,. March 17, 1992 TO: Mayor and Members of City Council FROM: Larry Rice, City Manager SUBJECT: City Garden Plots 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-two plots will be available and will be offered for lease on a seasonal basis . In 1991, 41 of the 42 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 garde ts . Larry i e, C ' Manager • BIG TIMBER RD. is 32 if100 S.F. 1870 S.F. 10 12 31 33 9 . 53 30 34 a • . 29 35 !" = 5O 7 15 a 36 • 6 16 27 37 r- s 17 29 " 4 • le 25 39 , 3 • 19 24 40 2 • 20 23 4! ,4-A) -1 21 22 42 1 S 0 0 LINE RAILROAD • AGREEMENT • This agreement made and entered into this 0 day of /nig • 19 , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of theState of. Illinois (hereinafter referred to as "City") , and , S,4,4,t,0Y (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as .( i»? � l , 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: Comnencingat 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 9 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 $ ./() due and payable when this agreement is executed. 3. The term of this agreement shall be from ��,A, /A. , 19 ' until 44: .3/ , 199...2 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee 79-0-14:41---"I • CITY OF LGIN LESSEE B y 3',/ -'a 111,/2� ,r Ma y,)- --� ATTEST: 4._ --CGL �sc�. O O /�0 ,(0)--(0-7,14,\. mi___ 2.4 City Cler / L1V LPL L.l Ir.L 1 • This agreement made and entered into this ,,2/ day of A-p,2/• - • • 19 Jam, 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 .S-9J- .2//4 /��jo '77 S • (hereinafter referred to as Lessee) , witnesseth: WHEREAS,1 the City is the owner of certain real property commonly known as �c�� /��IG�cJ ��Ct� , 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 plot numbered as , O as outlined in Exhibit A, attached hereto and made a part hereof by reference. • 2. The Lessee agrees to pay to the City a fee of $ /o — 00 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 � f`z 19 94' until , 199az • 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 6-X4 U//9- 04)�`� V CITY OF GIN �') LESSEE By (..,40.- -�=� j`6....)��a' ( 1l 1-� li p„ii:A..‘ _ , fay°j `-l'7 .4-, ATTEST: ,t' 3 yelejai..thr i2?-- 59 '5 A4114/1,4 Ske--ei/44---, City Clerk ,�irG C" _ '� AVKGLf2LlV 1 This agreement made and entered into this / day of /21A y 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 y /JJ() d/,e/9C//E0 (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as q ; 6�v�xl� � 1 , Elgin, Illinois, and legally • U 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 aster/O .? #� as outlined in Exhibit A, attached hereto and made a part hereof by reference. 2. The Lessee agrees to pay to the City a fee of $ 1/49, e-v ern per plot gardened, for a total fee of $ due and payable when this agreement is executed. 3. The term of this agreement shall be from 0*,/,,j,,.,,� /.0 19 ja? until � � 3i , 199.2 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee' s use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee CITY OF E GIN LESSEE 444-4eae74.... By j � '-- May s• ,um� r ATTEST: CCU v/a-P 7 fl a,k, .-a et- /,�3 n /L�GrG�LGGYJ 4 o-,42 City Clerk AIiKGt.MGr i This agreement made and entered into this '7 day of /?14/ 19 9, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State�� of. Illinois (hereinafter referred to as "City") , and y S�o4 // EL /'/ (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as � �� l�la�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 •.mto .Lessee the right to conduct gardening on the above described property on plots numbered as . - '9 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. — = per plot gardened, for a total fee of $ / O '� due and payable when this agreement is executed. 3. The term of this agreement shall be from E % , 19 is until C'�r .9/ , 19 ir` 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 byithe use of the above described premise's 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. 7 7S/1//t4-Z /214 e•/ 9,S CITY OF ELGIN LESSEE >)By � / 5./4'01E( /f7,t-( (a 1 ce C ma • ATTEST: / 4969 7 /0i9-,00 9S GAT Qzz� �G�Ai 6 a /a.3 / _C? City Clerk 7`��"G 93 /- /a� t This agreement made and entered into this /5 day of /2/W 19.2, 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 Elgin, Illinois, and legally d• 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 amto .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 $ /{a. ea 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 19 until /9,ce , 19 9-Z 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 intesided 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 df 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 t I • CITY OF LGIN LESSEE _ ,A(d By G ��'/� x J /S Cry .9 4,6 / L75 Mayo - ATTEST: �. /3 7(1 T 00 F/92pi we. /.0 3 g=3 V77 City Clerk` BY: Deputy Clerk • • This agreement made and entered into this , S day of ,A4 /9--y 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 y C,4pas (7 V-74 k I (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly lcnown as > L d. c_2�' , 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 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 $ )6,D O due and payable when this agreement is executed. 3. The term of this agreement shall be from j ,��z. / , 19 until , 19 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises-in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee' s use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend th'e 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 /tthe City Clerk of the City of Elgin and the Lessee utr`j //x ( S gc-or?g-ft II S CITY OF ELGIN LESSEE By dilial44260e /087.14-_ y ( j • I le May ATTEST: 3 4 77 City Clerk- • • • This agreement made and entered into this /.5 day of ,72/9'9 19�? , by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of Illinois Illinois (hereinafter referred to as "City")., and ()/e-r02/f4 Me //-L (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known asJ , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as' follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E.-Traeger by deed recorded August 30, 1961 and recorded September 7, 1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of•way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; 'thence North 16 degrees 13 minutes • East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE,- in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: 1. The City hereby grants unto .Lessee the right to conduct gardening • on the above described property on plots numbered as "j/ #// � 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. 4.0 per plot gardened, for a total fee of $ - due and payable when this agreement is executed. 3. The term of this agreement shall be from 19 902 until 3/ , 19 9 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on 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 df 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 X /d7-0///..? /2 e G� . CITY OF ELGIN LESSEE By / y JcIa in-LLB/// Mayor ATTEST: ,1/'o-6-rvivA_- /rn0.6 !,n/Q City Clerk' BY: Deputy Cler • -- - - • • This agreement made and entered into this day of infW , 19 g? , 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 ,YiG�crte�P�/ C / (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as 4- , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed - recorded August 30, 1961 and recorded September 7, 1961 in Book 2098. page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of.way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; thence North 16 degrees 13 minutes • East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above • • described property for the purposes of gardening; and WHEREAS, Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE,- in consideration of the mutual covenants and promises herein set forth 'it is mutually agreed herein by and between the parties: 1. The City hereby grants unto .Lessee the right to conduct gardening on the above described property on plots numbered as ,,: '.3 9 • 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 $ j,.-° per plot gardened, for a total fee of $ /Q due and. payablewhen this agreement is executed. 3. The term of this agreement shall be from C,a� . / , 19 1'_ until ae7_ , 19 9-2 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from Any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises duringthe 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 df 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 LESSE �. By May 2 r SeV-�6-41' ATTEST: / � - c,(g. City Cle -. AIiKGt f1. i • This agreement made and entered into this ' day of /9219.Z, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as "City") , and y c 1JO� h7 h C.{<5 `J 071�5 • (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly lcnown as f%2 , 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 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 $ /d ^ due and payable when this agreement is executed. _ 1 3. The term of this agreement shall be from � AaZ` 19 until , 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 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 LESSEE 14 ht-‘,c6a cb Lts, ✓�0 046 �c By Mayor l" J 4�'�q I ATTEST City Clerk J HVIIL LPLLL\1 • ' This agreement made and entered into this , day of � /11q-y/ 195b2 , 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 � 1 j "City") , and y (A) l�►6� C /1'f( pp/lel� (hereinafter referred to as Lessee) , witnesseth: I WHEREAS, the City is the owner of certain real property commonly known as lLz,,,/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 /. • parties: • 1. The City hereby grants •u .to Lessee the right to conduct gardening on the above described property on plots numbered as — 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 $/C. .,v9 = 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 �� iz,,, (1 , 19 y/ until _ ��, 3,i , 19 �i ? 4. The Lessee agrees that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises. of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes. full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of'and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the -City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. . 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 4' . • i CITY OF GIN LESSEE By �Gd�ri�/ Cv ; 404 3-111 u pMa `9�czr7 ATTEST: 1r��7� ;' ot b G',4V44 2 1 City Cler � � �� ` 4, • 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 Y S,4M m y ,l_ • 1.0 lJ .r (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as ��,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 isato .Lessee the right to conduct gardening on the above described property on plots numbered ash 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 Sic;. — 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 until /�� / , l9 �/�? 4. The Lessee agrees that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or • death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 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 Y . �n4,vi y U l br.1- I , CITY OF ELGIN LESSEE • By 4c✓c1-i"(/i''7%e2C-' Mayo Li ATTEST: I:te �er °71 Fsd 1 City Clerk tlUALL1•Lc.L.• • This agreement made and entered into this S day of , 19 92, by and between the CITY OF ELGIN, a municipal corporation organized and exisiting under the laws of he State of. Illinois (hereinafter referred to as "City") , and ///4e' I v (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly • known as , �,�� ¢zC �ix> 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 l parties: • 1. The City hereby grants to .Le.s.see the right to conduct gardening on the above described property on plots numbered as _'�0 3/ 3. 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 $ ,' — per plot gardened, for a total fee of $ /ô. 0 a due and payable when this agreement is executed. . 3. The term of this agreement shall be from 4��,, 6 f83Z , 19 .9. , until , 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 execute by t or and the City Clerk of the City of Elgin and the Lessee d ' - . • CITY OF 'GIN LESSEE ,� By �/ k /(,/i� y /CbSC'.-/rC ilayoT' ATTEST: /3 .7 Z /ODD deli,., RiG /w �C cGat/u�o 45/44) City Clerk • BIG TIMBER RD. 11 32 e-- i800 S.F. 1870 S.F. 10 12 31 33 9 13 30 34 s 14 29 35 t" — 50' 7 15 26 36 Z • 6 16 27 37 r s 17 26 36 r*1 )20 4 • 16 25 s 39 • 3 • 19 24 40 2 20 23 41 1 • 21 22 42 SOO LINE RAILROAD KhALLL`iG.l�1 • This agreement made and entered into this day of e,� , 19Ia , 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 + 9,c,0 (hereinafter referred to as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly known as 0 d�%yrr4l�4./ , Elgin, Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township <1, 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 •uato .Lessee the right to conduct gardening on the above described property on plots numbered as -4e t 7 51-- 3.-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 $ /(f, per plot gardened, for a total fee of $ ,2y _ due and payable when this agreement is executed. .J 3. The term of this agreement shall be from 19 %'a until , 19 9.4 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee / CITY OF ELGIN LESSEE BY '".Z. -',Ale'_-/-4.."--1...,e--49?"12-- Mayor ATTEST: - 2/‘ VeC)-7A-L-47 City CIerlt 1 This agreement made and entered into this /o day of ey�� 194?, 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 u , s,c, Zf,./„a.,n-.6..) • (hereinafter referred to uvf as Lessee) , witnesseth: • WHEREAS, the City is the owner of certain real property commonly known as i,;7 Elgin. Illinois, and legally described as: That part of the Southeast quarter of Section 4, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of the Sleepy Hollow Road with the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 89 degrees 19 minutes West along said Northerly right of way line 1,446.7 feet to the original center line of the Big Timber Road, formerly Huntley Road; thence North 56 degrees 49 minutes West along said center line 1,889.29 feet to the Northwest corner of a tract of land conveyed to Lora E. Traeger by deed recorded August 30, 1961 and recorded September 7, 1961 in Book 2098, page 408 as Document Number 958219 for the point of beginning; thence .South 16 degrees 13 minutes West along the West line of said Traeger land 811.64 feet to the Northerly line of said Railroad right of•way; thence North 79 degrees 43 minutes West along said Northerly right of way line 481.51 feet; thence North 16 degrees 13 minutes • East parallel to the West line of the Traeger lands as aforesaid 1007.85 feet to the center line of Big Timber Road, formerly Huntley Road; thence South 56 degrees 49 minutes East along said center line 500.38 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. • WHEREAS, the City desires to lease certain portions of the above • described property for the purposes of gardening; and WHEREAS; Lessee desires to maintain a garden in certain plots of the above described property. NOW, THEREFORE,- in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the J parties: 1. The City hereby grants • nto Lessee the right to conduct gardening on the above described property on plots numbered as V/ 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 00 • per plot gardened, for a total fee of $ 00 due and payable when this agreement is executed. 3. The term of this agreement shall be from , 19 until ,g/ , 19 4' 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the_ City, its officers, agents, servants and employees from 'any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments df 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 • CZZ� OF<�LG1-� c ` �� r c/("4". city Cleil" I ,• a This agreement made and entered into this JLQ day of , 19 ya , 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 j, ,a ,..a," ��/ • (hereinafter referred to as Lessee) , witnesseth: WHEREAS, the City is the owner of certain real property commonly known as 4,-; 6.4.,;,eiz� , Elgin, Illinois, and legally O 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 propertyfor 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 . 07e , , Gas 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 $/p-� per plot gardened, for a total fee of $ ) 60 - due and payable when this agreement is executed. 3. The term of this agreement shall be from � � - 19 5� until lzi , 19 .7 . 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 inte.nded 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 cif 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 I - LESSEE �'--y/ CITY OE ELCIN ��a. �� By /2461-1-jf ./..A,..."/ tiayo ATTEST ,04.7t.z.., -7, i,v-4/ 497 6, , g (t.,64 ,..4.„..., City Clerk • I 1 A1JALLLLLLI 1 • This agreement made and entered into this /t/ day of /`i L. corporation by and between the CITY OF ELGIN, a municipal p p oration organized and exisiting under the laws of the State of. Illinois (hereinafter referred to as r- "City") , and ,, c %i r) 12►9:� I , nl (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 p4d (223 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 $ /,9 pO = per plot gardened, for a total fee of $ la - °° due and payable when this agreement is executed. 3. The term of this agreement shall be from c€ c,G i,m-G 199,2 until , 19 . 4. The Lessee agreed that the garden plots shall be maintained in a safe, neat, sightly and good condition, and further agrees to prevent noxious weeds from going to seed on the premises in accordance with Elgin Municipal Code Chapter 9.16. 5. It is further agreed and mutually understood that by the use of the above described premises of the City, the Lessee expressly agrees that the City shall not be liable for any damages arising from personal injury sustained by the Lessee or his guest in, on, or about the premises of said garden plots as a result of their activities at the subject premises. By the execution of this agreement Lessee assumes full responsibility for any such injuries or damages which may occur to the Lessee or any guest in, on or about the premises of said garden plots and further agrees that the City shall not be liable for any loss or theft of personal property. Lessee assumes full responsibility for any injuries, damages or losses which may occur to Lessee or guest, in, on or about the premises of said garden plots and does hereby fully and forever release and discharge the City, its officers, agents, servants and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Lessee's or his guests use or intended use of the said garden plots. 6. The Lessee further agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Lessee's use of and activities at the above described premises during the term of this agreement, including acts of its agents, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Lessee or its agents provided that the City shall give the Lessee prompt and timely notice of any claim made or suit instituted which in any way affects the Lessee or its insurer and the Lessee and its insured shall have the right to compromise and defend the same to the extent of their own interest. 7. The Lessee agrees that at the expiration or termination of this agreement that Lessee shall completely clear the subject garden plots of all vegetation and debris. 8. In the event that Lessee fails to carry out the terms of this agreement in due and proper time, the agreement may be terminated by the City by serving a written notice citing the instances of default and specifying a termination date of five (5) days from the date of such notice. 9. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. WITNESS WHEREOF, the parties have caused this agreement to be executed by the Mayor and the City Clerk of the City of Elgin and the Lessee ZrnQs!,, e_ 41Th R4-71-K / rk . LESSEE CITY OF ELGIN By May i � ��4s " i� � L ,9Z cDcYlk ATTEST: r/ City Clerk j