67-0415 U-46 Lease 64- D4kS
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Geo.D.Carbary
CMZI CRY.CAKD 1KY & CUM'S M •
Warren E.Carbary Lawyers V 2&North Grove 3veaae
Koh ertA.Chapski ELGIN,ILLINOIS 60122 Telephone
Donald J.V,eaver 742-1642
April 24, 1967
•
Mr. Paul R. Lawrence
Superintendent of Schools
4 South Gifford Street
Elgin, Illinois V
In re: City of Elgin-School District Lease
Dear Paul:
Please find herewith enclosed proposed original and copy .
- of lease between the City of Elgin and County Board of
School Trustees of Kane County, Illinois, involving the
park adjacent to Elgin High School.
. You will observe that the lease runs for a period of 20
years with rental in the nominal sum of $1 .00 each and every
• year commencing May 1, 1967.
If the lease meets the Board's approval , kindly send the
same to Biok Pelades for execution by the County Board of School
Trustees of Kane County, Illinois. After the Board's signing
said leases, keep one in your possession and return the
other to me so that I may forward-rt-rrn--
Very truly yours,
CARBARY, CARBARY & CHAPSKI
•
By
• RAC:sb -
cc: Ted Akemann
- GROME . A33OI SWII ,=NJiru: .
ATTOR:` _ .•".,—�"v.S`f _ - - _-'r !_ ,
• Silts E C. T.7W_3 9U11-D,NG-- - - - - -- - — '= -
�- - -- -- - _ -. - ELGIN. ILt_1`3OtS': _ - _ - --7
` :%:..•^: wrti=r?37:x+ytsi.= _.....,..._ - .,ti..=..i;�..
3
LEASE
THIS INDENTURE Made this 15th day of April, 1967, by and between
the CITY OF ELGIN, a municipal corporation of the State of Illinois, herein-
1 after referred to as "Lessor, and the COUNTY BOARD OF SCHOOL
TRUSTEES OF KANE COUNTY, ILLINOIS, a body politic and corporate of
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the State of Illinois, hereinafter referred ,to as "Lessee", WITNESSETH:
That-said Lessor has, this said day, leased to said Lessee certain
.= premises owned by Lessor and the City of Elgin, described as follows, to-wit:
_ in Block 4 •
AThat part of Lots 4 and 5/of J. T. Gifford's Addition to Elgin . -
- • and that part of the Southwest quarter-of Section 13, Town-
ship 41 North, Range 8 East of the Third Principal Meridian,
• described as follows: The West 49. 5 feet of Lots 4 and 5 in
Block 4 of J. T. Gifford's Addition as aforesaid, and the -
_� • following described property: Beginning at the Northwest
corner of said Lot 4, Block 4 of J. T. Gifford's Addition,
being a point on the Southerly line of DuPage Street; thence
Southerly along the Westerly line of Lots 4 and 5 of said J.
- ' T.. Gifford's Addition, a distance of 264. 0 feet to the. South-
' west corner of Lot 5, being a point on the Northerly line of
Fulton Street; thence Westerly along the said Northerly line
•
of Fulton Street, a distance of 198. 0 feet to the Easterly line -
of Chapel Street; thence Northerly along said Easterly line
,s
of Chapel Street, a distance of 264. 0 feet to the Southerly
line of DuPage Street; thence Easterly along said Southerly
-9 line of DuPage Street, a distance of 198. 0 feet to the place of
::3 beginning: Being situated in the City of Elgin, Kane County,
ii Illinois, and containing 1. 50 acres more.or less.
for and during the term of this lease, which commences on the 1st day of
May, 1967, and terminates on the 30th day of April, 1987,- under the terms
and conditions hereinafter set forth, and said Lessee hereby accepts said. .
lease upon said conditions and covenants to perform the same as follows:
.9 1. That said Lessee shall pay the Lessor at the City Hall in said
City of Elgin, as rent for said demised premises,for said term the sum of.
Twenty Dollars ($20. 00), payable as follows: The sum of One Dollars ($1. 00)
1 upon the delivery hereof for rent to the 30th day of April, 1968, and the further
sum of One Dollar ($1. 00) upon the first day of each and every May thereafter,
during the continuance of the term hereby created, the same being an-an l ren`
at the rate of One Dollar ($1. 00) per year, payable annually in advance. -
2. That no buildings shall be constructed upon said site and that said
site shall be dedicated for general educational, recreational and landscaping
purposes, including off-street parking, provided that the same is located
and maintained in such a manner so as to no way detract from the surrounding
area
/or in. any manner adversely effect the surrounding property values .
3. That Lessee agrees to surrender the possession of said premises
to the Lessor upon the termination of said lease in a neat and clean condition;
further agrees, during the occupancy of said demised premises, to maintain
and keep the same in a state of clean and neat appearance and to allow no
trash, rubbish or debris of any nature to collect thereon or adjacent thereto. -
4. It is expressly tinder stood that the property is being leased to the
Lessee for the sole use and benefit of School District No. 46, in conjunction
with the educational facilities maintained and operated by said School District- '•
No. 46 aujacent thereto, known as "Elgin High School". In the event that the
said Lessee, or the School District for which it is acquiring the leased. prop-
_
erty, should cease to maintain and operate for school and educational purposes
the property adjacent to the premises being leased hereunder, it expressly
71.
understood and agreed that said lease shall be automatically terminated and .
that any rights, title or interest which the said Lessee or the School District
may have or claim in the premises or any improvements,Eonstructed thereon,
shall vest in the Lessor.
5. Said Lessee shall not assign this lease, or any portion thereof,
or sublet said' premises or any part thereof, without the written consent of the
Lessor endorsed thereon. In case the demised premises shall be vacated
}
during the term, the Lessor may take immediate possession thereof and
said lease shall be terminated.
6. Lessee shall, at all times, carry and provide public liability insur-
ance in an amount approved bythe Manager pr gthe
City � � otec�_n� and holding,
f '
- City harmless from all claims of every nature arising out of the use of said
i
premises and the activities conducted thereon, during the term of said
Ilease.
a
7. That this lease is executed pursuant to authority granted the Mayor
--` and City Clerk of the City of Elgin, by Ordinance No. S-848, passed on
4
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f) December 22, 1966.
IN WITNESS WHEREOF, the 'said parties hereto have hereunto set
7 their hands and corporate seals this day and year first above written.
`; CITY OF ELGIN, a municipal corporation,
;i
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A •Attest:"=t: - By C ( I %'e (SEAL)
i' () • ) Mayor
� ' � `' T 7 -d CijJV 4
,...4..), City Clerk `/ __:9
- 1 • . . .,/} v•I , •) .
El
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- COUNTY BOARD OF SCHOOL TRUSTEES
- • - OF KANE COUNTY, ILLINOIS,
=? Attest: - ByCla,tdtk_Raz,a/c-r-7/1,i,k SEAL(SEAL)
- `" Secrecy
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