96-330 Resolution No. 96-330
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT
WITH THE IZAAK WALTON HOME CORPORATION
( 899 Jay Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim City Manager, be and is
hereby authorized and directed to execute a written lease
agreement with the Izaak Walton Home Corporation for the
premises commonly known as 899 Jay Street, Elgin, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 18, 1996
Adopted: December 18, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Form-'t —LEASE-Short Form With Power Pertection Legal Forms & Printing Co., Rockford, UII.
v
December 1996
This Indenture, Made this 5thday of
BETWEEN Elgin Izaak Walton Home an Illinois Corporation as lessor,
and The City of Elgin, Illinois,a municipal Corporation , as lessee.
WITNESSETH, as follows: That the said lessor hath this day leased to the said lessee the premises known as
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:i 899 Jay Street Elgin Illinois; Use of the lower level only 8:00 A.M.
iiunti14:00 P.M. Tuesdays and Thursdays.
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situated in the City of Elgin
in the County of Cook and State of Illinois • , to be occupied as
Wee People Pro ram .only by said lessee, for and during the l.*tm of_____, _year_ II`
11 from the 5th day of December A. D. 1996 to the Fifteenth II
!I day of June A. D. 19 97 , upon the terms and conditions hereinafter set forth, and said
I, lessee hereby accepts said lease upon said conditions and covenants to perform the same as follows:
III 1. The said lessee shall pay to the said lessor as rent for said demised premises, for said term, the sum of
Four Thousand Thirty Seven & 00/100 DOLLARS
payable as follows: The sum of Four Hundred Twenty Five& 00/100 DOLLARS
upon the delivery hereof, for the rent to the First day of September 1996
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and the further sum of
Four Hundred Twenty Five & 00/100 'DOLLARS
upon the first day of each and every month thereafter
II during the continuance of the term hereby created, payable monthly
I at the office of Izaak Walton Home Corp.P.O.Box 77.01 Elgin 11.60121
i; 2. Said lessee agrees to surrender the keys and possession of said premises to said lessor in as good condition as they are
ii now, upon the termination of the term above created or the forfeiture of this lease, as hereinafter provided; and further agrees,
during the occupancy of said demised premises to maintain and keep the same in as good condition and repair as the same shall
be upon taking possession thereof, natural wear excepted. Damage by fire or other calamity, rendering said premises completely
untenantable, shall terminate this lease. There shall be no abatement of said stipulated rent, or any part thereof, so long as said ,
lessee shall retsir. unssession of said demised premises, or any part thereof.
_ lessoril
3. Said Iis t rees to pay the water tax upon said premises as well as all other utilities
I as the same become due and payable, and will take necessary precautions against freezing of the water
pipes, and that no hair, string or rags, or rubbish of any description, or fruit parings or banana'skins be allowed to enter the
drainage or waste pipes of said premises, and will pay all damage or expense occasioned by such neglect; will clean the catch
basin and furnace as occasion may require; and allow no deposit of ashes or rubbish, In or upon said premises, or upon any
private alley adjacent thereto; no cooking stove or any other cooking apparatus shall be placed in any other room except the I
kitchen and laundry. Said lessor shall have reasonable opportunity to inspect said premises, and do any repairing or other work
thereon which he shall deem necessary for the preservation of the property.
4. Said lessee shall allow the lessor free access to the premises hereby leased for the purpose of examining or exhibiting I
the uc or making needful repairs. or lta ^tier., en aaid prenlises, which said lessor :a; sec tit . . ^t•e .se -now c o ... ttv•...
placed upon said premises at all times, notices of "For Sale," and "To Rent" and not Ito interfere with the same. I
'I 5. Said lessee shall not assign this lease, or any portion thereof, nor sub-let said premises, or any part thereof, without
n the written consent of the lessor, endorsed hereon. In case said demised premises shall he vacated during said term, said lessor
may take immediate possession thereof for the remainder of the term, and In his discretion relet the same, and apply the pro-
ceeds upon this lease, the lessee to remain liable for the unpaid balance of the rent. i
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1 10. Lessee agrees to remove all snow in the parking lot and sidewalks
at its expense. iI
11. "Lessor will maintain all mechanical equipment at its expense.
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i' IN E. 1- „ a•F, The said parties have hereunto set leir at .%an seals this day and year first above written.
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�/ �l�/// _ (Seal) 1II�_I ,��I -� . (Seal)
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it Izaak Walton Home a Corporation City •f Elgin
—AUuLiLed OffiLeL ( SeeaeLaay) (Seal) _(Seal)
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Section 12. Liability Insurance.
Tenant shall, during the entire term hereof, be solely
responsible for damage to its contents and improvements
and property and any liability claims asserted against it
in accordance with its self-insurance program. Sememt
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Section 13. Indemnification of Owner.
Tenant will indemnify Owner anesave it harmless from
and against any• and all claims, actions, damages,
liability and expense in connection with loss of lite,
personal injury and/or damage co property arising from or
out of
the oocupancy or use by Tenant of the leased premises
or any part thereof, or occasioned wholly or in part by
anY act or omission of Tenant, its agents, contractors,
- employees, servant-a, or students. In case Owner shall,
without fault on its part, be made a party to any
litigation commenced by or against Tenant, then Tenant
shall protect and hold Owner harmless and shall pay all •
costs, expenses and reasonable attorney's fees incurred or.
paid by Owner in connection with such litigation.
14 . Lessor shall hold harmless
and indemnify Lessee from and against any and all claims for
damages, suits, causes of action and any and all other
liability, including, but not limited to, reasonable
attorney ' s fees, arising out of or in connection with, or
claimed to have arisen out of or in connection with, Lessor' s
negligent performance of the terms and provisions of this
agreement, or arising our of or in connection with any
occurrence which does not occur during such times and at such
locations as are specifically contemplated by the terms of
this agreement; namely 8:00 AM to 4 : 00 PM Tuesdays and
Thursdays at the lower level of the premises .
15 . The terms of this agreement
shall be severable . In the event any of the terms or
provisions of this agreement are deemed to be void or
otherwise unenforceable for any reason, the remainder of this
agreement shall remain in full forcer and effect.
16 . This agreement shall not be
construed so as to constitute a joint venture, partnership,
employment or other agency relationship between the parties
hereto.
17 . This agreement shall be
subject to and governed by the laws of the State of Illinois .
Venue for any action or suit brought to enforce the terms and
provisions of this agreement shall be in the Circuit Court of
Kane County, Illinois .
.0 --,,,of,,
Ca
y
%`t Agenda Item No.
—City of Elgin
tr November 25, 1996
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Izaak Walton League Annual Lease Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information on the proposed
annual lease agreement with the Izaak Walton League.
BACKGROUND
rThe Parks and Recreation Department uses several sites
throughout the community to offer programs. These cooperative
arrangements with schools and service agencies such as the Y's
allow for the large number of offerings to Elgin citizens
despite a lack of City-owned program facilities. One of these
joint arrangements is with the Izaak Walton League lodge at
899 Jay Street.
The Izaak Walton League has a lower level multipurpose room
which offers an ideal location for two of the city's preschool
programs (Wee Folks and Pre-Kindergarten program) . The
building offers a separate entrance for program participants
and is not in conflict with any other use of the facility.
Programs have been held at the Izaak Walton League for the
past three years.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Izaak Walton League.
FINANCIAL IMPACT
The seven month lease agreement totals $2,975 for use of the
facility during the day two days per week. ($425,00 per
month) . Due to the fact that the lease covers two fiscal
eft. years, funds for this expense are provided in the Recreation
division budget, "Building Rental", account number
• 010-5012-762.43-03, in both 1996 (1 month) and 1997 (6 months)
budgets.
Izaak Walton League Lease Agreement
November 25, 1996
Page 2
e LEGAL IMPACT
None.
ALTERNATIVES
Non-approval of the proposed lease agreement with the Izaak
Walton League would make it necessary to seek rental opportu-
nities from other locations.
RECOMMENDATION
It is recommended that the Mayor and Members of City Council
approve the lease agreement with the Izaak Walton League.
Respectfully ubmitted,
fi-/14-71((-4 u 4)
Monica Bates, Director
Parks and Recreation Dept.
6/,
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r Rob-rt 0. Malm
Interim City Manager
DLJ
Attachments
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