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HomeMy WebLinkAbout92-1216 Lease 200 Brook Street RESOLUTION AUTHORIZING EXECUTION OF AN INDUSTRIAL BUILDING LEASE (200 Brook Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a written Industrial Building Lease with Donald J. Heath, Agent for the Roth 1992 Gift Trust, U.A.D. 5-28-92 for the premises commonly known as 200 Brook Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 16, 1992 Adopted: December 16 , 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk July, tyry ---.---—•-- LEGAL FORMS • • CAUTION: Consult a lawyer before using or acting under this form. All warrant/es,Including merchantability and Illness,are excluded. INDUSTRIAL BUILDING LEASE DATE OF LEASE TERM OF LEASE MONTHLY RENT BEGINNING ENDING December 3, 1992 January 1, 199 ecember 31, 1993 $700.00 Location of Premises: 200 Brook Street Elgin, Illinois 60120 Purpose: Storage of Motor Vehicles J•FSSRF LESSOR NAME City 'of Elgin, a Municipal Corporation •NAME AND • Howard Miller as Trustee BUSINESS . of the Roth 1992 Gift Trust. ADDRESS 150 Dexter Court ADDRESS • U.A.D. 5-28-92 _ • Elgin, IL 60120-5555 464 McBride Street Elgin, IL 60120 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appur- tenances thereto, for the above Term. RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. CONDITION' 2. Lessee has examined and knows the condition of the Premises and has received the same in good ND UPKEEP order and repair, and acknowledges that no representations as to the condition and repair thereof have been 'F PREMISES made by Lessor, or his agent, prior to or at the execution of this lease that are not herein expressed; Lessee will keep the Premises including all appurtenances, in good repair, replacing all broken glass with glass of the same size and quality as that broken,and will replace all damaged plumbing fixtures with others of equal quality, and will keep the Premises, including adjoining alleys, in a clean and healthful condition according to the appli- cable municipal ordinances and the direction of the proper public officers during the term of this lease at • Lessee's expense, and will without injury to the roof, remove all snow and ice from the same when necessary, a s; and upon the termination of this lease, in any way, will yield up the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will deliver the keys therefor at the place of payment of said rent. .ESSEE NOT 3. Lessee will not allow the Premises to be used f0 MISUSE; #liefeenrnor for any purpose other than that hereinbefore specified, and will not load floors with machinery SUBLET; - or goods beyond the floor load rating prescribed by applicable municipal ordinances, and will not allow the SSIGNMENT Premises to be occupied in whole, or in part, by any other person, and will not sublet the same or any part thereof, nor assign this lease without in each case the written consent of the Lessor first had, and Lessee will not permit any transfer by operation of law of the interest in the Premises acquired through this lease, and will not permit the Premises to be used for any unlawful purpose,,or for any-rnrpese that-wtH -t seeetir+etfsrn elteratieit-- -or t aborts-and eddit' a€oresaid. MECHANIC'S 4. Lessee will not permit any mechanic's lien or liens to be placed upon the Premises or any building or LIEN improvement thereon during the term hereof, and in case of the filing of such lien Lessee will promptly pay, same. If default in payment thereof shall continue for thirty (30)days after written notice thereof from Lessor to the Lessee, the Lessor shall have the right and privilege at Lessor's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of bill therefor. NDEMNITY 5. Lessee covenants and agrees that he will protect and save and keep the Lessor forever harmless and FOR indemnified against and from any penalty or damages or charges imposed for any violation of any laws or kCCIDENTS ordinancese wi et er occasioned by the neglect of Lessee or those holding under Lessees a ` ' _ __ 'u e-ellkimesprotect dentnif -s-ave-ahsd-•keep`firermless .e--Lessor-agatttst-and from t ny-and all loss,cost, • damage or expense;arising t-•of #f m-any-•eeei -or-other occurrence on or about the Premises, causing i cet,Tindemnify-and-save�nd-keep harrale-ss--the-beser-ageitist-anfl-from-arty-erld-all-elitints-ernd-aga-inst-anel-From-artrand-all-loss-reostrdarnage er eel h aird perform-ail-the-requirements anriprovisi es-ieze. NON- 6. EAccpt as pt ovidrrd by Illinois statute, Le3sor shall-not be liabk•lorattyd i o nary failure-to IA B I LITY asiened-bp-or-from-plttm�i ng-gas;-water;-sprinkler, )F LESSOR s4 raring o lt-or-phsmbing ft%fures,-tn, above,-ugvn yu abi,ut Premises or any builds y-datnage-oecasie1 ed-by ' ter, 'ghts,tra y.damage y. WATER, 7. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and GAS AND power bills taxed,levied or charged on the Premises, for and during the time for which this lease is granted, LECTRIC and in case said water rents and bills for gas,electric light and power shall not be paid when due,Lessor shall CHARGES have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition,as above specified,are declared to be so much additional rent and payable with the installment of rent next due thereafter. PAGE 1 • • PAGE 2 ' KEEP 8. y improverPnts upon said dernisF4t PREMISES premises or conneciedtherPAuram the Lessee at his own expense will keep all improvements in good repair IN REPAIR (injury by fire, or other causes beyond Lessee's control excepted) as well as in a good tenantable and whole- some condition, and will comply with all local or general regulations, laws and ordinances applicable thereto, as well as lawful requirements of all competent authorities in that behalf. Lessee will, as far as possible, keep said improvements from deterioration due to ordinary wear and from falling temporarily out of repair. If Lessee does not make repairs as required hereunder promptly and adequately, Lessor may but need not make such repairs and pay the costs thereof, and such costs shall be so much additional rent immediately due from and payable by Lessee to Lessor. ACCESS TO 9. Lessee will allow Lessor free access to the Premises for the purpose of examining or exhibiting the PREMISES same, or to make any needful repairs, or alterations thereof which Lessor may see fit to make and will allow to have placed upon the Premises at all times notice of "For Sale" and "To Rent", and will not interfere with the same. ABANDON- 10. _ MENT AND RELETTING f,or-s► ch rent and up; ueli i a f ,-in-if-o sufc4.t sum tell elizced er yres ee se. HOLDING H. Lessee will, at the termination-of This lease by lapse of time or otherwise,yieltl-ttp-imniediate posses OVER- field, the sum of Deldafs1$ )-par day;but the preuisions•af of any • .of the _ _ herein EXTRA 12. There shall not be allowed, kept, or used on the Premises any inflammable or explosive liquids or FIRE materials save such as may be necessary for use in the business of the Lessee, and in such case, any such sub- HAZARD stances shall be delivered and stored in amount, and used, in accordance with the rules of the applicable Board of Underwriters and statutes and ordinances now or hereafter in force. DEFAULT { part-Thereof--or-in any-of the-covenants BY •" he , -tiett-efeelare said-term LESSEE iwtfteu+ ej-udiee-te-atty-fereedies-which ht-te-di trai-frfor-rent-due;and s -hereafterr acqu+fe-or have as int,rcA in, *l,ich;s by law to 3uLlu dist,di,it,as ct.uzity fur payment of the rent herein reserved. NO RENT 1 , DEDUCTION bessee •m OR SET OFF { RENT AFTER NOTICE OR SUIT e PAYMENT OF 1 , COSTS ' incarrcd-.by Lessor 'in enforcing the covenants-and a se. tk e i''icr e-s {i fc - be p,AZTrS i RIGHTSof-Lessor f c-/ Cl 17. The rights a remedies of o-r under this lease are cumulative. The exercise or use of any one or CUMULATIVE more thereof shall not ba from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise nor use of any right or remedy by-Less waive any other right or remedy. ri r-S /x'-e FIRE AND 18. In case the Premises shall be rendered untenantable during the term of this lease by fire or other CASUALTY casualty, Lessor at his option may terminate the lease or repair the Premises within 60 days thereafter. If Lessor elects to repair, this lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have repaired the Premises within said time,then at the end of such time the term hereby created shall terminate. If this lease is terminated by reason of fire or casualty as herein specified,rent shall be apportioned and paid to the day of such fire or other casualty. SUBORDINATION 19. This lease is subordinate to all mortgages which may now or hereafter affect the Premises. PLURALS; 20. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to mean SUCCESSORS "Lessors"and"Lessees"in case more than one person constitutes either party to this lease;and all the covenants and agreements contained shall be binding upon, and inure to, their respective successors, heirs, executors, administrators and assigns and may be exercised by his or their attorney or agent. SEVERABILITY 21. Wherever possible each provision of this lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this lease shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,without invalidating the remainder of such provision or the remaining provisions of this lease. • 1. Leased portion of building consists of westerly 2/3rds of entire southern half ground level. 2. Lessor agrees that payment of rent begins on December 1, 1992. 3. The parties hereto agree that at the end of the lease term December 31, 1993 lessee shall continue to occupy property under the terms of this lease on a month-to-month basis. 4. This lease can be terminated by either party upon thirty days advance written notice. 5. Checks for payment of rent are to be made payable to: "Howard Miller, as Trustee of the Roth 1992 Gift Trust U.A.D. 5/28/92". 6. Lessee will not permit any alteration of or addition to any part of the premises, except by written consent of lessor, all alterations and addi- tions to the premises shall remain the benefit of the lessor unless other- wise provided in the consent aforesaid. If this instrument is executed by a corporation, such execution has been authorized by a duly adopted resolution of the Board of Directors of such corporation. This lease consists of 3 pages numbered 1 to 3 , including a rider consisting of frnluriPti pages, identified by Lessor and Lessee. IN 'WITNESS WHEREOF, the parties hereto have executed this instrument as of the Date of Lease stated above. LESSEE: LESSOR • City of E gin t (SEAL) Roth 1,942 Cift Trnct. U. .D. Sr 8-42 cscw By: (sue • l MEAL) Donald T. Beath — Agent • • • • ASSIGNMENT BY LESSOR On this . 19 for value received, Lessor hereby transfers, assigns and sets over to all right, title and interest in and to the above Lease and the rent thereby reserved, except rent due and payable prior to • 19 . /SEAL) (SEAL) • GUARANTEE On this 19 in consideration of Ten Dollars ($10.00) and other good and valuable l able consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of all covenants and agreements of the above Lease. - (s ) (SEAL) • Note: Use Form Number 12-1P for assignment by Lessee. . . Elm Agenda Item No . November 18, 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Rental of Storage Space for Seized Asset Forfeiture Vehicles at 200 Brook Street PURPOSE The purpose of this memorandum is to recommend that the City Council authorize the City Manager to enter into a lease agreement with the Roth family for vehicle storage space at 200 Brook Street. BACKGROUND As a result of drug activity arrests, the Police Depart- ment takes possession of numerous motor vehicles . While a determination on the disposition of the vehicles is being made, the vehicles must be stored. Until recently, the vehi- cles have been stored at various locations throughout the City. It is the Police Department ' s preference to store the vehicles at one location. Currently, the Police Department has approximately 12 vehicles in storage. The Department has had as many as 22 vehicles in its possession. The facility at 200 Brook Street will accommodate as many as 30 vehicles . The Roth family has permitted the Department to use space at the Brook Street location at no charge until the lease would go into effect at the first of the year. FINANCIAL IMPACT The annual cost of the lease would be $8,400. After one year, the lease would be on a month-to-month basis. Funds are budgeted in the 1993 Police Department budget for this purpose. _Mcyor and Members of the City Council November 18, 1992 Page 2 RECOMMENDATION Authorize the City Manager to enter into a lease agree- ment for vehicle storage at 200 Brook Street. Larr L. R City Manager LLR:amp Attachment