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HomeMy WebLinkAbout93-0120 Elgin Area Historical Society %3-01 ao elop per. is-�1fi CG., AGREEMENT (Made and executed in duplicate) THIS AGREEMENT made and entered into this 20th day of January , 1993 between the CITY OF ELGIN, a municipal corporation of the State of Illinois, hereinafter called Lessor, and the ELGIN AREA HISTORICAL SOCIETY, a not- for-profit corporation of •the State of Illinois, hereinafter called Lessee. WITNESSETH: Except for that area specified in Paragraph 1, - Lessor, for and in consideration of the agreements of Lessee hereinafter mentioned, hereby leases to Lessee and Lessee hereby leases from Lessor the Premises legally described as: The South 163 . 0 feet of Lot 25 (measured along the West line) and the South 163 . 0 feet of the West 121 . 0 feet of Lot 24 (measured along the South and 'West lines) of B. W. Raymond's Addition to Elgin, according to the Plat thereof recorded on Page 3, Book A of Elgin City Maps and recorded in Geneva, Illinois on October 3, 1845 . Being situated 'in the City of Elgin, Kane County, Illinois . and hereinafter referred to as Premises . 1 . The Premises shall include the building located on said property commonly known as the "Old Main" (hereinaf- ter referred to as Building) except that portion of the Build- ing at the southwest corner and south sides immediately adja- cent to the entrance at that location which includes approxi- mately 650 square feet, as measured from the outer portion of the exterior walls to the center of the interior walls (here- inafter referred to as Academy Rooms) together with the hall- way access to the westerly door as shown on Exhibit A, at- tached hereto and made a part hereof. 2 . The term of this Agreement shall be for forty (40) years from the date of this Agreement. 3 . Lessee agrees to pay to Lessor as rent for said Premises the sum of One Dollar ($1 .00) per year. 4 . Lessee shall use the Premises to establish, maintain and operate a historical museum which may include the sale of historical memorabilia or souvenirs to defray expenses . No other use shall be made of the Premises without the prior express written consent of the Lessor. The Premis- es shall not be used as a parking lot and no barriers shall be erected between the Premises and the adjoining property. 5 . Lessor covenants and agrees as follows : A. To provide and pay for all utilities, ex- cept telephone service, necessary to operate the building as a historical museum pursuant to this Agreement. B. To maintain the heating, cooling and plumb- ing systems, including all necessary repairs and, if neces- sary, replacements . C. To maintain the exterior of said Building in a clean and structurally sound condition and in good re- pair; provided Lessor shall not be obligated to clean exteri- or windows more than twice a year at such times as Lessor determines . D. To install and maintain a burglar and fire alarm system connected to the Lessor's alarm board. -2- E. To install and maintain an elevator within said Building. F. To maintain the interior of said building except those items that are required to be maintained by the Lessee or caused by the negligence, carelessness or waste of the Lessee, its agents, employees or invitees . G. To maintain the exterior Premises in a clean and sightly condition around the Building; provided Lessor shall not be responsible for the removal of snow from the sidewalks, stairs and entranceways . H. To obtain and maintain in full force. and effect a policy of general liability insurance, naming Lessee as co-insured, covering injuries to persons or property occur- ring on the exterior portions of the Premises. Such policy shall be in limits as now or hereafter determined by Lessor as reasonable or necessary and may, at the discretion of Lessor, include self-insurance. Lessor shall insure the building from damage due to fire and casualty in amounts as determined by Lessor. Lessor shall not be required to in- sure, nor in any way be responsible for, any property of Lessee, its employees, agents or invitees located on the Premises. If any portion of the premises shall be damaged by fire or other casualty, Lessor shall proceed to repair and restore the same to its prior existing condition with reason- able promptness, and subject to reasonable delays for insur- ance adjustment and delays beyond Lessor's control. In the event of total destruction of the premises which would render -3- reconstruction impractical, Lessor may elect not to cause reconstruction thereof but shall provide Lessee a sum which represents the reasonable replacement cost of Lessee's interi- or improvements to the premises, excluding all personal prop- erty belonging to Lessee or other occupants, said funds to be utilized by Lessee to establish and maintain a museum for the purpose of preserving and promoting Elgin area history. 6 . Lessee covenants and agrees as follows : A. That the Academy shall be entitled to use the grounds by its alumni, students and faculty. B. To make no alterations to the Buildings or grounds or construct any building or improvement thereon except as hereinafter provided without the prior written consent of Lessor. C. To not, without the prior written consent of the Lessor, assign or sublet this Lease or grant any li- cense to use the Premises or any part thereof, except that - Lessee may sublet the meeting rooms for use by a corporate sponsor or charitable or not-for-profit organization.- D. To be solely responsible for any property of Lessee, its agents, employees or guests, located on the Premises and to insure said property as desired by Lessee. E. Lessee, at Lessee's expense, shall keep in full force and effect during the term of this agreement, insurance, naming Lessor as co-insured, against all liability or claims which may accrue due to the use of the Premises by Lessee, their agents, members, clients or guests with limits -4- as determined by Lessor. Lessee shall insure all property of Lessee used, displayed or stored at the Premises and hereby releases Lessor of any liability for the damage, loss or destruction of said property. F. To provide the custodial and janitorial services for said Building and to maintain the interior in a clean and sightly condition. G. To repair or pay for any damage caused by the negligence, carelessness or waste of Lessee, or its em- ployees or agents. H. To paint or decorate the interior of- the Building from time to time as necessary to maintain it in a clean and sightly condition, as determined by Lessee as re- quested and paid for by Lessor. I . To remove snow from all sidewalks, stairs and entranceways on the Premises, except the area .around the westerly door leading to the Academy Rooms unless said door - is used by lessee or its invitees in which case Lessee shall remove snow from said area. J. To comply with all ordinances, laws, rules and regulations which may pertain or apply to the Premises and the use thereof. K. To provide a staff member of the Lessee for the museum who shall be on the Premises when the museum is open to the public. L. To cause the museum to be open to the gener- al public not less than twenty (20) hours per week. Lessee -5- • shall have the right to establish reasonable admission fees to the museum. M. To allow Lessor's employees or agents free access to the Premises for the purpose of examining the Prem- ises and to make repairs or alterations which the Lessor sees fit to make. N. To keep and observe such reasonable rules and regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care of the Prem- ises including the Building. 7 . Lessor shall not be liable for and Lessee shall hold Lessor harmless from and shall indemnify Lessor against any and all liability for loss or expense for any damage or injury to person or property caused by or resulting from the acts or omissions of Lessee or its agents, employees or guests in occupying or using the Premises . Lessee shall promptly indemnify and save harmless Lessor of and from all - fines, suits, proceedings, claims, demands and actions, of any kind or nature whatsoever, brought by anyone whomsoever, arising or growing out of, or in any wise connected with, the occupation, control or use of the Premises . 8 . In event any lien upon Lessor' s title results from any act or negligence of Lessee or any contract for work entered into by Lessee, and Lessee fails to remove said lien within ten days after Lessor's notice to do so, Lessor may . remove the lien by paying the full amount thereof or other- wise and without any investigation or contest of the validity -6- thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor in such behalf, including Lessor' s cost, expenses and counsel fees . 9 . Lessee shall have no obligation to maintain, renovate, insure or provide services with respect to that portion of the Premises designated as Academy Rooms on Exhib- it A. 10. If any default is made in the payment of rent or in the performance of or compliance with any other term or _ condition thereof this Lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the Prem- ises . Lessee shall be given written notice of any default or breach, and termination and forfeiture of the Lease shall not result if, within thirty ( 30) days of receipt of such notice Lessee has corrected the default or breach or has taken ac- tion reasonably likely to effect such correction within a reasonable time. 11 . In the event of any default or breach by the Lessor of any term or condition of this Agreement Lessee may terminate the Agreement and vacate the Premises without fur- ther obligations, provided Lessee has given Lessor written notice of any default or breach and Lessee' s intention to terminate, and Lessor has failed to correct the default or breach or take action reasonably likely to effect such correc- tion within a reasonable time. 12 . Any notices which are required hereunder, or which either Lessor or Lessee may desire to serve upon the -7- other shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Lessee at: 360 Park Street, Elgin, IL 60120 or addressed to Lessor at: City Manager, City of Elgin, 150 Dexter Court, Elgin, IL 60120-5555. 13. Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants or conditions con- tained herein shall not be deemed a continuing waiver of the same or any subsequent default herein. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. CITY OF ELGIN Lessor By: Cit anager Attest: A4A„..-0 City Clerk ELGIN AREA HISTORICAL SOCIETY, Lessee 1 By: 1�! President Attest: Secretary -8-