93-306 Resolution No. 93-306
RESOLUTION
AUTHORIZING EXECUTION OF A MODIFICATION AGREEMENT
(Fire Station #5)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby respectively
authorized and directed to execute a written modification
agreement with Elgin No. 5 Fire Barn Museum Inc. for the
premises commonly known as 533 St. Charles 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 1, 1993
Adopted: December 1, 1993
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
MODIFICATION AGREEMENT
THIS AGREEMENT is made and entered into this —2zll
day of \ ,�n +� 1993, by and between the CITY OF
ELGIN, ILLINOIS, a municipal corporation (hereinafter referred
to as "City" ) and ELGIN FIRE BARN NO. 5 MUSEUM, INC. , an
Illinois not-for-profit corporation of the State of Illinois
(hereinafter referred to as "Museum" ) .
NOW, THEREFORE, in consideration of the mutual
promises and covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree that the
terms of an agreement between the parties dated January 21,
1993, attached and incorporated hereto, shall be modified at
paragraph 9 to provide that renovation and occupancy shall be
completed on or before January 21, 1995 .
CIT EL IN, Lessor
By
City and er
Attest:
City Clerk
ELGIN FIRE BARN NO. 5
MUSEUM, INC.
By
Pre den
Attest:
�w A . L
Its Secretary
AGREEMENT
(Made and executed in duplicate)
THIS AGREEMENT is made and entered between this
/ day o f. _ .r✓.�1�/'I -
corporation of the of Illi-
U ITY OF ELGIN, a municipal and th
nois, hereinafter caldL corporatioELGIN of the State of
5 MUSEUM INC. , a not-for-profit
Illinois, hereinafter called Lessee.
WITNESSETH:
Except for that area specified in Paragraph 1,
Lessor, for and in consideration n 1 aseseto Lessee Land Lessee
see hereinafter mentioned, Los-
hereby described as:
hereby leases from Lessor the Premises legally County of
Lot 5 Wallin's Addition, City of Elgin, C Y
Kane, State of Illinois,
and hereinafter referred to as the Premises-
1,1. The Premises shall inc the "Elgin Fire BarnsNo.
on said property commonly kno wn as
5,l (hereinafter referred to as . Building) •
Z. The term of this eCember 31 1 commence on Janu-
ary oil• , 1993 and expire on D either
3. This agreement may be terminated by
party on ninety (90) days written notice to the other party.
4. Lessee agrees to pay to Lessor as rent for said
Premises the sum of One Dollar ($1.00) per year.
5. Lessee shall use the Premises to
n memorabil-
maintain and operate Eal historical o Department use may
is relating tot he g
clude the sale of hotheriuse h mem ll be lmade of the Premises
defray expenses. No
without the prior express written consent of the Lessor.
6. Lessor covenants and agrees as follows:
A• To provide and pay for all utilities, ex-
cept telephone service, necessary to operate the building as
a historical museum pursuant to this Agreement.
B. To maintain the heating, cooling, plumbing
systems, including all necessary repairs and, if necessary,
replacements.
C. To maintain the exterior of said Building
.in a clean and structurally not be obligated to clean exteri-
pair; provided Lessor shall .
.or windows more than twice a year at such times as Lessor
determines.
D. To maintain the required
interior be maintained building
except those items that are
Lessee or caused by negligence, carelessness vitees or waste of the
' Lessee, its ag
ents, employees or in
E. To maintain ether Building; provided
clean and sightly condition around
essor shall not be responsible foar She removal of snow from
the sidewalks,
I' stairs and entran c Y
F. To obtain and maintain nsurance# naming Lessee
effect a policy of general liability persons or property occur-
as co-insured, covering injuries to p policy
portions of the Premises. Such
ring on the exterior p Lessor
shall be in limits as now or hermay,,afteat etheidis re ion of
as reasonable or necessary and essor shall insure the
Lessor, include self-insurance. in amounts as
building from damage due to shall not be required to in-
determined by Lessor. .responsible for, any property
sure, nor be in ee$ agents or invitees on the Premises.
Lessee, its employ special
G. Process at o expense to Lessee a
use permit for a museum at the on the prem-
g. Provide for additional parking
lees, to the extent allowable under applicable codes.
7. Lessee covenants and agrees as* foliows:
�. To make no it alterations im°pro ement Buildings
thereon
grounds or construct any building
without the prior written consent of Lessor.
_
B. To not, without the prior writ d a lit
of the Lessor, assign or sublet this
thease granny
cease to use the Premises or any p ro erty
C, To be solely responsible for cated on the
enter employees or guests,
of Lessee, its ag rt as desired by Lessee
Premise .
s and to insure said property In
D, Lessee, at Lessee's =e: of ethisa shall nto
full force and effect during the to
Lessor as co-insured, against ail liability
insurance, naming accrue due to the use ofests with]Premises limits
or claims which may
Lessee, their bgeLessoz e Lessee shall insure aBeS pond hereby
as determined Y e loss or
Lessee used, displayed or stored a fotrhethe Premises ,
releases io a o! said property.
destruct erty
. E. _ To provide the custodial and janitorial
services for intain the interior in a
clean said and to ma
sightly condition.
clean and siq damage caused by
F. To repair or pay for any or its em-
the negligence, carelessness or waste of Lessee,
or
or agents.
G. To paint or decorate d hdetinter
ntain it in
Building from time condition. necess ry
a clean and sightly
H. To remove snow from all sidewalks, stairs
and entranceways on the Promises' laws, rules
I. To comply with ail ordi n to'the Premises .
ulations which may pertain or aPP Y
and reg
and the use thereof. of the Lessee for
J. To provide a staff membse when the museum is
the museum who -iC all be on the Premis e
open to the publ to the gener-
1K. To cause the museum to be Open 520) hours per
al ublic not less than f the hundred twenty
establish reasonable
P
year. Lessee shall have
admission fees to the museum• agents free
L. To allow Lessor's a pof yexaminin the Prom-
access to the Premises for the pub
ises and
to make repairs or alterations which the Lessor sees
fit to make.
�. To keep and observe such reasonable w ich
now or hereafter required by Le
and regulations proper and orderly care of the Prom
for the prp -
may be necessary -
_ ises including the Building.
R. Lessee shall annually provide Elgin with a
copy of its
annual report showing current accepted s naccounting
ties. - Said report shnli be based on
procedures* repair and display
G. Lessee shall maint Items in the collection
the collection as provided herein. _ proper
e maintained, . (i.e. , relative humid-
museum
shall be maintained in a clean and attractive manna of the
ity,, li
ghting,? eetcs�a within the- physical limitations .
f ty, 9
museum facility. it display
P. Lessee shall n►ainttianbland and panels, and
open display areas, display
cases, s i.e. , desks, chairs, ®tc.) •
museum furnishing
Q. collection items shale be .. From timeito
posed of by Lessee only as provided h
cce table museum industry stan-
time Lessee shall determine dwai.c P items should be alters oe
disposed of using common an Lease
dards. Prior to any actual alteration or disposal,
all notify the City which shall r ritten�onaent orowrit en
shall give Lessee either
tion and shall g as provided
raj
action within 30 days. No n item nt of the City redo d s
posed of without the written cones
above. all parties that
S. It is expressly understood by
Lessee's purpose and goal is to raise atuiticannbe utilized
permit restoration of the Building
as
a historical museums
Losses shall
enovationSe the necessary
funds to be raised to finance such to � renovat-
g. Lessee shall cure ante t Building this greement. All
ed to permit it to be used to the design or construction of
plans and contracts relating subject to the prior written
any renovation effort shall renovation c shall be
consent of the Lessor* one year following en signing of
completed no later than
this lease..
10. Renovation of the building shall be completed
re aced by John Roberson
pursuant to plans that ationoshall be such as to permit the and
(Architect) -
Building to be used as a historic be tub eat to a review and
co
content of such renovation shall at the design and
b Lessor. Lessor and Lassoes thgree to coordinate
approval Y
their activities and to cooperate s bli at pli of Lessor
construction of said renovation can be accomplished in an
con t for those
efficient manner.
Except
specified herein (elevator) Lesseeinalwork ornsthe Premises
sPe person performing 9 and workers'
the renovation.
Any p eneral liability
shall be required to obtain Lessor and Lessee as co-insured
compensation insurance naming
with coverage and limits acceptable to Lessor and Lessee.
11. Lessor shall not be
d shake indemnify Lessor
shall hold Lessor harmless
from or loss or expense for any
against any and all liability caused by or resulting
damage or injury to person or property to ees or sin the Premises. Lessee shall
from the acts or omissions of Lessee or its agents, employees.
al
or quests in occupying Save hazgmiess Lessor of and from
romptly indemnify of
p roceedings# claims, demands and actions,
fines, suits, p anyone whomsoever,
any kind or nature whatsoevoerr.i�any ways connected with, the
arising or growing out of,
occupation, control or use of the Premises. the laws
12. This agreement is to be governs d by
the State of Illinois. Any term or Provision of this
of prohibited or unenforceable in Illinois
agreement which is p to the extent of
shall be prohibited Ounenforceability without invalidating the
such prohibition
remaining terms or provisions hereof.
• 5 Museum Shall not direct-
in Fire Barn loo• any wort-
13. Elgin incur, or suffer to exist,
or indirectly create, lien, encumbrance or
ly security interest, pledge, charge, property without the
gage' or with raspect to, museum
claim on,
written consent of Elgin. title re-
p'. In event any lien upon Lessons contract
li sacs of Lessee or any
sults from any act or negligence e c and Lease'a Lasses fails to remove
for work entered thin
into
ten days after Lessor's the full notice
mount to do thereof
said lien Within
Lessor may remove the lien by Paying on request
and without any investigation or contest of the
or otherwise a and Lessee shall Pay Lessorinciuding Les
validity thereof' Lessor in such behalf,
the amount paid out by
sorts cost, expenses and counsel fees. . of rent
14. If any default is made in the Payment term or
fiance with any shall
or in the performance of or comp the option of Lessor,
and Lessor may re-enter the Prem-
condition thereof this Lease, default or
terminate and be shall sited ven written notice of Sass shall not
Loss. Lessee shall be g of such notice
each, and termination and 0 forfeiture receipt pt s taken ac-
br within thirty
result if,
Lessee has corrected the default or breach or a
Less likely to effect such correction within a
tion reasonably
reasonable time.
the event of any default or breaLesa® �Y
15. In reement,
Lessor of any terra or condition of this r Lessor written
reement and vacate the P ses without fur-
terminate the Agreement Lessee has given
then obligations, P
0
notice of any
default or breach and ccrrent t thintention e t or
and Lessor has failed o
terminate, tion reasonably likely to effect such correc-
breach or take ac
tion within a reasonable timee fired hereunder, the
16. Any notices which are ri desire to serve upon
and shall be deemed served when
which either be sin writing see may ted in the United States
other shall be or when deposi ested, addressed to
delivered P re aid, return receipt Slgin, IL 60120 or ad-
mail, postage P P Charles street, of Elgin, 150 Dex-
Lessee at: 533. St. Manager, City
dressed Lessor
lE gin IL 60120.
ter Co o fires or permits, the
17. Whenever the context theu'lural shall include
singular shall include the p
and the masculine, feminine and neuter shall e
the singular
freely Interchangeable*
I.S. N
o amendment to this agreement shall be evdaliby
enforceable unless the Same eemenk represents and signed enure
the a parties heretO• =ties with respect to the subject
agreement bet that are not expressed herein. .
matter her
lg. Waiver by Lessor of any
default in performance
by Lessee of any
Of the terms.. covenants or 'c waivernofcthe
twined herein shall not fault herein continuing be
same or any subsequent
Egg WHEREOF the parties have executed this
IN WI and year first above written.
Agreement the day
CITY Off' Fj-GI 1�,� or
By' M r
Attests
City Clerk INC
guaw .N MUSEINC"0. 5 FIRE BARN
Lessee
een '&
en
Attests
Its secretary