97-251 Resolution No. 97-251
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 0. Malm, Acting 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: October 8, 1997
Adopted: October 8, 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
`0 O F c
f` '1~a City of Elgin Agenda Item No.
%)/ilAllak TLD%\�'
September 17 , 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. 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 to consider
renewing the annual lease agreement with the Izaak Walton
League.
BACKGROUND
The Parks and Recreation Department uses several sites
throughout the community to house programs . These cooperative
arrangements with schools and service agencies increase the
number of program offerings provided to Elgin citizens . One
of these joint arrangements is with the Izaak Walton League at
rft, their 899 Jay Street location.
The Izaak Walton League has a lower level multipurpose room
that offers an ideal location for two of the City' s preschool
programs, Wee Folks and Pre-Kindergarten. The building also
has a separate entrance for program participants and is not in
conflict with other uses of the facility. Programs have been
held at the Izaak Walton League for the past four years .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Izaak Walton League
FINANCIAL IMPACT
IfThe eight-month lease agreement (through June, 1998) for use
of the Izaak Walton League facility totals $3,400 ($425 per
month) . The proposed lease provides for no change in the
monthly rate but allows for an additional month' s use.
Adequate funding for the 1997 portion of the agreement is
available in the Recreation Division Building Rental, account
number 010-5012-762 . 43-03 . The proposed 1998 budget will
include the appropriate amount for the 1998 portion of the
rental agreement.
LEGAL IMPACT
A None.
}Izaak Walton League Annual Lease Agreement
September 17, 1997
Page 2
e ALTERNATIVES
Non-approval of the proposed lease agreement with the Izaak
Walton League would make it necessary to seek rental opportu-
nities at other locations .
RECOMMENDATION
It is recommended that the Mayor and members of the City
Council approve the lease agreement with the Izaak Walton
League.
Respectfully submitted,
-Nta,
Monica Meyers, Di ector
P. - .nd Recreation
X14
Robert 0. alm
Interim City Manager
mpc
F,m d3.= LEAS' Short Form With Power Perfection Legal Forms & Print i Rockford, III.
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This Indenture, Made this day ofse-tt-efig,--E �I( 19�?
BETWEEN Elgin Izaak Walton Home an Illinois Corporation as lessor,
I and The City of Elgin, Illinois,a municipal Corporation , as lessee.
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WITNESSETH, as follows: That the said lessor hath this day leased to the said lessee the premises known as
899 Jay Street Elgin Illinois; Use of the lower level only 8:00 A.M.
cy,Ftill 4:00 P.M. Tuesdays and Thursdays. 8:00 A.Mij ill 2:00 P.M. Monday
and Wednesday. c
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situated in the City of Elgin
in the County of Cook and State of Illinois , to be occupied as
} a Wee Fo15. Program only by said lessee, for andI uring the term of year_from the eleitir i��s•et day of $'e'P' b.er oc�►eV A. D. 1991_, to the Fifteenth
II day of June A, D 19 93, upon the terms and conditions hereinafter set forth, and said
I D.lessee hereby accepts said lease upon said conditions and covenants to perform the same as follows:
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 194_
and the further sum of Four Hundred Twenty Five & 00/00 -DOLLARS
upon the first clay of each and every month thereafter
_during the continuance of the term hereby created, payable monthly
at the office of Izaak Walton Home Corp.P.O.Box 77.01 Elgin I1.60121
I 2. Said lessee agrees to surrender the keys and possession of said premises to said lessor in as good condition as they are
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
he 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 re cin possession of said demised premises, or any part thereof.
lessor
3. Said IKsIla agrees to pay the water tax upon said premises as well as all other utilities
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 ail 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 he 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.
II4. Said lessee shall allow the lessor free access to the premises hereby leased for the purpose of examining or exhibiting
the same or making needful repairs or alterations on said premises, which said lessor may see lit to make; also to allow to have
placed upon said premises at all times, notices of "For Sale,•• and "To Rent" and not to interfere with the same.
5. Said lessee shall not assign this lease, or any portion thereof, nor sob-let said premises, or any part- thereof, without 1
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.
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10. Lessee agrees to remove all snow in theparking v
I g lot and sidewalks
at its expense. /
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11. Lessor will maintain al) mechanical equipment at '€morel .
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i • EC' WI ->::OF, The said parties have hereunto set tacit at s s als this day' and year fir t above written.
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, "ection 12. LizAbility Insurance.
0 -see_ tr..44kwat
4 , during the entire term hereof, be sol,sly
responsible for damage to its contents and improvements
and property and any liability claims asserted against it
in accordance with its salt- in',urance program. illoolvemet
• a
/eSection 13. Indemnification of Owner.
ue5Se.e. 5',.a..11
ge -rtgoxi;11 indemnify Owner and' save it harmless from
and against any. and all claims, actions, damages,
liability and expense in connection with loss of life,
personal injury and/or damage to pr,. rty arising from or
out of
the oocupancy or u- Tan4.4. - o - -he leased premises
or any part thereof, . ,-_-koned wholly or in part by
any act or omission •f , it,ts agents, contractors,
- employees, servants, or students. ( l;
••r.w.r"".pVAi'il.u.• . M,• i Gw •'`�--• .�.• - ---'-. . i
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
Thursd is*at the lower level of the premises .
i Uv�d 7o rn to -21 im crn p x 4 uwZd,9sda
Th terms of this ag eement
shall •e 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 .