89-0322 Lease for Garden Plots 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 Marie Yearman, 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.
George VanDeVoorde, Mayor
Presented: March 22, 1989
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Marie Yearman, City Clerk
l� � l
AGREEMENT
This agreement made and entered into this day of ,
19_, by and between the CITY OF ELGIN, a municipal corporation organized and
a
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
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 aas'to .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 $
per plot gardened, for a total fee of i due and payable when
this agreement is executed.
3. The term of this agreement shall be from
19 until 19
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.
S. 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 oz 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 comprosise 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
BIG TIMBER
RD,
11
1!300 S.S.F. 1570 S.F. 32
10 12 31 33 52 S3
1614 S.F.
9 13 30 34 SI S4
1606 SF.
e 14 29 35 SO SS
1656 S.f. 1" = 50'
7 IS 26 36 49 S6
6 16 27 37 48 S7
r
S 17 26 39 47 r
4 Is 25 39 46 yq
•
3 19 24 40 45 60
2490 sf
2 20 23 41 44 sl s4
1716 Ss
1 21 22 42 43 62 6
1630 S.F.
SOO LINE RAILROAD