Loading...
HomeMy WebLinkAbout98-288 Resolution No . 98-288 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO LEASE AGREEMENT WITH ELGIN HISTORICAL SOCIETY (Old Main) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment to Lease Agreement on behalf of the City of Elgin with the Elgin Area Historical Society for use of the Old Main Building, a copy of which is attached hereto and made a part hereof by reference . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: December 2 , 1998 Adopted: December 2 , 1998 Omnibus Vote: Yeas 4 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RAGREE/LEASE .OM Draft 11/23/98 AMENDMENT TO LEASE AGREEMENT This Amendment Agreement entered into this J / day of December, 1998, by and between the City of Elgin, a municipal corporation of the State of Illinois (hereinafter referred to as the "Lessor" ) and the Elgin Area Historical Society, a not-for-profit corporation of the State of Illinois (hereinafter referred to as the "Lessee" ) . WITNESSETH: WHEREAS, Lessor and Lessee have previously entered into a lease agreement dated January 20, 1993 (hereinafter referred to as the "subject lease" ) ; and WHEREAS, the subject lease provides for Lessee leasing to Lessor the premises legally described in the subject lease which include the "Old Main" building for a 40 year term from January 20, 1993; and WHEREAS, Section 6L of the subject lease requires Lessee to cause the museum to be open to the general public not less than twenty (20) hours per week; and WHEREAS, Lessee has requested that Lessor agree to an amendment to the subject lease to provide that the museum be open 650 hours per calendar year in lieu of the 20 hours per week requirement. Now, therefore, for and in consideration of the mutual undertakings in the subject lease and the mutual agreements herein stated, and other good and valuable consideration, the w receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are incorporated into this lease amendment in their entirety. 2 . That Section 6L of the subject lease is hereby amended to read as follows : "L. To cause the museum to be open to the general public not less than 650 hours each calendar year. Lessee shall have the right to establish reasonable admission fees to the museum. " 3 . That all other terms of the original subject lease shall remain in full force and effect except as specifically amended herein. In the event of a conflict between any of the terms of this lease amendment and the original subject lease the terms of this lease amendment shall control . IN WITNESS WHEREOF, the parties hereto have entered and executed into this lease amendment the date and year first written above. CITY OF ELGIN ELGIN AREA HISTORICAL SOCIETY By BY .bUJ� ;� II ' L Mayor It President Attest: Attest: 944,,„(/ 6/4. 1,-kb^/ Ay- City Clerk It Secretary ✓� -2- .0 OF ECC, 4,3 City of Elgin Agenda Item No. November 12, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Elgin Area Historical Society Museum Lease Amendment Request PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with a request from the Elgin Area Historical Society Board of Directors to amend the existing lease regarding hours of operation of the Historical Society Museum located at Old Main. BACKGROUND The Elgin Area Historical Society (EAHS) currently operates a museum at the Old Main building located under the terms of a 1987 lease with the City of Elgin (see Attachment A) . The lease agreement requires that the museum be open to the general public a minimum 20 hours per week. Attachment B is a November 3 request from the Elgin Area Historical Society Board to amend the existing lease agreement regarding the hours the museum is required to be open to the public . The EAHS Board is asking that the hours of operation requirement be changed for a weekly to an hourly requirement . The pro- posed amendment to the lease would change the hours of opera- tion requirement from 20 hours per week to a total minimum of 650 hours per year. While this change constitutes a reduction in the total minimum hours the museum will be required to operate, the EARS Board feels that this change will provide them needed flexibility in operations, allowing for cleaning and maintenance of existing exhibits, development and imple- mentation of new exhibits and programs, and "down time" for volunteer docents during slower times of the year. In 1997, the City Council acted to allow the museum to close during January and February, 1998 . The Museum felt that this "down time" provided them valuable opportunity to create new exhibits and clean and maintain existing exhibits. The pro- posed amendment to the museum lease would eliminate the need for the City Council to adopt case-by-case amendments to allow emk for periodic closure of the museum. Elgin Area Historical Society Museum Request November 12, 1998 Page 2 r COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Elgin Area Historical Society Board of Directors . ya._ FINANCIAL IMPACT None . LEGAL IMPACT NNINkle An amendment to the existing lease with the Elgin Area Histor- ical Society will be necessary. ALTERNATIVES The City Council could grant the Historical Society request or require that the museum remain open as stated in the lease agreement . RECOMMENDATION It is recommended that the City Council direct staff to draft an amendment to the existing lease agreement regarding the museum' s hours of operation per the Elgin Area Historical Society Board' s request . - -•.ectfully submi ed, r a ' J. e A Parker C y Manager amp r Attachment A - r Old Main Lease Agreement 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- r eway 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. eift 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 rft 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 eft 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- ew 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 . eft 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 ELGIN1eLessor BY: _ Cif� anagen Attest: ihLO City Clerk ELGIN AREA HISTORICAL SOCIETY, Lessee /LAI/By: ---- President • Attest: eei-ez-gtCAed-1-7 . Secretary -8- Attachment B - r Elgin Area Historical Society Board Request r aged Elgin Area Historical Society04, CI . 4, 41•4 leap c�0 November 3, 1998 Mayor Kevin Kelly Members of the City Council Dexter Court Elgin, IL 60120 Dear Mayor Kelly Er Members of the Elgin City Council: The Board of the Elgin Area Historical Society would appreciate your consideration of a proposed amendment to our lease regarding the hours of operation of the Museum which it operates in Old Main. We have operated the Museum under the current lease arrangement since 1987. In 1997 we requested that the Museum be closed in January for cleaning and maintenance of the exhibits. In 1998, we requested that the Museum be closed for exhibit maintenance and the building of new displays. We are grateful for your consideration in allowing the amendment of the lease so that we could accomplish our goals. • The Board asks that you consider a proposal which would change our hours of operation from a weekly to a yearly basis. The attached sheet explains the current lease and our attempt to fulfill the terms of the agreement. Following that is an explanation of why we would like the lease amended so that it will better meet the goals of both the city and the Elgin Area Historical Society. If you have questions, please call me at 695-9024 or the Director of the Museum, Elizabeth Marston, at 742-4248 Sincerely, 014116.fit Rachel Campbell President EAHS CC:Joyce Parker r'' Eric Stuckey 360 Park Street, Elgin, Illinois 60120 (708) 742-4248 ,• CURRENT AGREEMENT The Museum will be open 20 hours per week. From 1987 until 1995,the Museum was open Wednesday - Saturday, 12 - 4 p.m., 52 weeks per year. This did not include hours that the Museum was open for meeting, tours or other events. At times, we are closed because of holidays and f or weather conditions. Beginning in 1995, the we began opening the Museum on Sunday, 1 - 4 p.m. during June,July, and August. The week day Hours were Thursday - Saturday 12 - 4 p.m. The number of days the Museum is open is 208 or 815 - 832 Hours of public access. This does not include the hours the Museum is open for tours, meetings or other events. RATIONALE FOR PROPOSAL OF AMENDED HOURS The Board will have flexibility in operating the Museum without having to Take City Council time to amend the agreement Time is needed for cleaning and other maintenance on current Displays. Time is needed to develop and implement new exhibits and new Programs. During January and February,the number of visitors to the Museum is lower than at other times during the year. Down time is needed to give our volunteer docents a rest • PROPOSED CHANGE IN THE LEASE AGREEMENT The Elgin Area Historical Society Museum will be open a total of 650 hours per year. This total does not reflect hours open for tours, *teetirnggs arid other events. Elgin Area Historical Society Museum Attendance and Revenue Report 1998 Month Gen. Tours Rental Programs Total Research Admission Rental Research Gift Total , Visitors Requests Shop Revenue First Quarter January 82/4 -- -- 82 9 $87.50 -- -- $11.00 $98.50 February 12/1 -- -- i 2 8 10.00 -- 10.00 March 66 49/3 -- 70 185 23 106.03 130.42 236.45 TOTAL 66 143/8 0 70 279 40 $203.53 0 0 $141.42 $344.95 Second Quarter April 83 68/2 64/2 -- 215 25 $195.00 $35.00 $ 21.00 $ 37.32 $288.32 May 92 96/5 103/3 65/2 356 30 170.00 70.00 106.00 105.37 451.37 June 127 26 -- 90 243 31 153.00 -- 5.00 139.66 297.66 TOTAL 302 190/8 167/5 155/3 814 86 $518.00 $105.00 $132.00 $282.35 $1,037.35 Third Quarter July 106 40/2 -- -- 146 33 149.05 -- 37.25 35.31 264.11 August 159 -- -- 85/2 244 23 278.00 -- 52.75 150.69 481.44 September 79 -- 98/3 27/1 204 35 100.00 70.00 71.75 87.83 329.58 TOTAL 344 40/2 98/3 112/3 594 91 527.05 $70.00 $161.75 $273.83 $1,075.13 Fourth Quarter October November December L ELGIN AREA HISTORICAL MUSEUM Museum Attendance Report 1997 Month #Visitors Amount Collected Notes First Quarter January* 55 $ 41.00 52 in 3 tours *(Museum closed to the public) February 198 5162.50 135 in 6 tours March 123 $ 90.12 33 in 3 tours Total 376 $293.62 220 in 12 tours Second Quarter April 235 $210.00 157 in 5 tours May 207 $125.00 123 in 7 tours; 35 in Tenth Anniversary open house June 140 $103.00 60 in Big Timber Dancers open house Total 582 $438.00 375 in 12 tours/2 open houses Third Quarter July 247 $176.41 144 in S.P. Massion Open House August 206 $175.75 72 in 2 tours;49 for R. McAdoo lecture September 227 $219.50 150 in 5 tours TOTAL 680 $571.66 415 in 7 tours/2 open houses Fourth Quarter October 66 $53.90 22 in 2 tours November 179 $103.20 110 in 4 tours Dec. 183 $87.55 72 in 2 tours/69 Holiday oven house eek TOTAL 428 $244.65 273 in 8 tours/i open house YEAR END 2066 $1547.93 • 1283 in 39 tours/5 open houses