00-130f
I
Resolution No. 00-130
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL LEASE AGREEMENT
(Elgin Mental Health Center Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute an Intergovernmental Lease
Agreement with the State of Illinois, Department of -Central
Management Services for property located south of Route 20 at
Route 31, Elgin, Illinois, a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor .
Presented: May 10, 2000
Adopted: May 10 , 2000
Omnibus Vote : Yeas 5 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
LNTERGOVER1NMENTAL LEASE AGREEMENT
The parties, the State of Illinois, acting through the Department of Human Services (DHS) ,
hereinafter called"Lessor" and the City of Elgin, hereinafter called "Lessee", for and in
consideration of the terms and covenants hereinafter set forth, agree as follows:
1. PREMISES: The Lessor agrees to lease to the Lessee certain real property consisting of
approximately 10 acres, improved by a building thereupon, commonly referred to as the "T&E"
Building and more fully described as follows:
That part of the Southeast Quarter of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows: Beginning at the intersection of
the West line of said Southeast Quarter with the Southerly right of way line of U.S.
Route 20; thence South 0 degrees 19 minutes 55 seconds West along the said West
line, 797.77 feet; thence South 86 degrees 17 minutes 50 seconds East 564.68 feet;
thence North 03 degrees 42 minutes 10 seconds East 820.0 feet to the South line of.
said U.S. Route 20; thence North 88 degrees 30 minutes 28 seconds West along said
South'line, 612.05 feet to the point of beginning, in the City of Elgin, Kane County,
Illinois.
2. TERM: The term of this agreement will be for the period beginning July 15, 2000
and ending December 14, 2004.
3. RENEWAL: This Agreement will automatically be extended for additional 5 year periods,
limited to a maximum of three (3) consecutive, additional.5 year periods, unless the Lessee
notifies the Lessor of its_intention not to renew the agreement within thirty (30) days of the
original term or any automatic renewal thereof,
4. RENT: Lessee agrees to pay to the Lessor the sum of TEN ($10.00) AND 00/100 DOLLARS
as the total rent due under the terms hereof, the receipt and sufficiency of which is hereby
acknowledged by the Lessor.
5. USE OF PREMISES: Lessee agrees to use the property for the following purposes:
A. Subleasing a portion of the property to the Larkin Center, an Illinois not-for-profit
corporation providing school facilities to emotionally disturbed children.
B. Permitting the Elgin Boys and Girls Club to utilize a portion of the property occupied by
the Larkin Center during time periods mutually agreed upon by the Lessee, the Larkin
Center-and the Elgin Boys and Girls Club. .
C. Recreational programming by the City of Elgin's Parks and Recreation Department in the
property's auditorium and on open fields adjoining the premises.
Exhibit C
Page 1 of 4
D. Use of the premises for any other purpose, with the advance, express, written approval of the
Lessor.
Use of the premises for a purpose not compatible with the Elgin Mental Health Center's mission
is strictly prohibited and will result.in automatic termination of this agreement. The purposes
listed in subparagraphs (A), (B) and (C) of this Agreement are expressly recognized as being
compatible with the Elgin Mental Health Center's mission.
6. NOTICES: All notices must be in writing and sent by certified mail, return receipt requested
to:
Lessor: Lessee:
Illinois Department of Human Services City of Elgin
Office of General Counsel Attn: Raymond Moller
James R. Thompson Center 150 Dexter Court
100 W. Randolph Street, Suite 6-400 Elgin, IL 60120-5555
Chicago, Illinois 60601
All notices so forwarded will be presumed received five (5) business days following mailing.
7. UTILITIES: Lessor will-provide only steam and electricity to the building situated on the
premises, commonly known as the T & E buildinor until the later of occupancy by the Lessee or
April 15, 2000 after which time Lessee will provide all desired utilities, at its own cost, through
the term of the lease and any subsequent renewals. Lessee specifically acknowledges.that there is
no potable water available, nor provided on the premises. Lessee agrees to be responsible for all
sewer lines from and on the premises extending to the point of connection with sewer service as
provided by the City of Elgin. — - - --- - ------- -
8. INSURANCE: Lessee agrees to obtain insurance providing coverage within limits acceptable
to the Lessor at its own expense. Such insurance shall include single liability coverage of not
less than $300,000, and coverage of leased space against fire and other damage. This Agreement
is contingent upon a copy of the certificate of insurance being provided at or before the time of
execution. This agreement will not take effect until the Lessee furnishes the Lessor with proof
that the Lessee has obtained satisfactory insurance.
9. INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the State of
Illinois, its employees agents and servants from any and all liability resulting from the use of the
leased premises by the Lessee.
10. ADDITIONAL PROVISIONS: Lessee agrees to provide all necessary repairs and
maintenance to the premises during the term of the agreement and any renewals thereof. Lessor
retains the right to enter the premises to repair the premises, if in the sole judgment of the Lessor,
the Lessee has failed to make repairs necessary to assure that the premises are safe and
structurally sound, after 10 days notice, with the cost of any repairs being charged to the Lessee
as additional rent.
Page 2 of 4
11. MODIFICATIONS: The Lessee agrees to make, at no expense to Lessor, any necessary
modifications or alterations of the premises necessary to its use of the premises. No structural
repairs or modifications may be made without first obtaining the prior written consent of the
Lessor. Lessee specifically agrees that it will erect no structure upon the premises, except as
provided herein, without first obtaining Lessor's written, prior approval. When selecting
contractors to perform contemplated modifications or alterations of the premises, Lessee or its
Sublessees shall evaluate the bids or proposals of not less than three general contractors, or
contractors as the case may be, taking into account costs, qualifications, ability of professional
personnel, past records and experience, willingness to meet time and budget requirements,
locations, and the.workload of the general contractor or contractor before Lessee or its
Sublessees contract for any such work. Lessor agrees not to unreasonably withhold consent to
necessary modifications or alterations.
Lessee agrees to erect a chain link type fence surrounding the premises of not less than
ten (10).feet in height with gated entrances, with access to the East connecting roadway to the
Elgin Mental Health Center.- Location of the gates will be as shown on Exhibit A, attached
hereto and made a part hereof by this reference. The fence and gates will be erected and operable
prior to occupancy by Lessee. Lessee is granted access to the property at any time subsequent to
execution and prior to occupancy for the purpose of erecting said fencing.
12. RIGHT OF ENTRY: Lessor shall have free access to the leased premises, subject to all
rights and privileges of the Lessee, to include but not limited to use of the blacktopped drive on
the premises, as shown on Exhibit A, in order to access Elgin Mental Health Center, if and as
necessitated by remodeling, re-paving or construction to Lessor's property.
13.. EXPIRATION OF TEfUM: Upon the expiration of the term of this lease, or earlier
termination, the Lessee will yield possession of the premises to the Lessor without further notice.
Lessee agrees to return the premises to the possession of Lessor in good, broom clean, condition,
except for ordinary wear and tear.
14. OPERATION OF PROGRAMS: The parties agree that Lessee and Lessor's programs and
operations are to function as completely separate entities, with no overlap of authority, duties or
responsibilities other than those contained herein.
15. SUBLEASING AND ASSIGNMENT: Lessee shall not assign nor sublease any portion of
the leased premises other than as indicated in paragraph 5 under this agreement without first
obtaining written consent of the Lessor.
16. SUCCESSORS: The terms of this agreement are binding upon the parties and their
successors and assigns.
17. BRIBERY: Lessee states that it has not bribed nor attempted to bribe any State Officer or
official nor has it been convicted of any such offense, nor made an admission of any such prior
conduct, which is a matter or record.
18. SEVERABILITY: The parties to this agreement agree that-if any part of this agreement is
found to be unenforceable or contrary to the statutes of the State of Illinois, the remainder of the
lease will remain in full force and effect.
Page 3 of 4
19. EXHIBITS: The following Exhibits are attached hereto and made a part hereof-.
Exhibit A - Survey of the leased premises.,
20. COMPLETE AGREEMENT: This agreement represents the complete terms of the
agreement of the parties and may only be amended or modified by the written mutual agreement
of the parties hereto.
21. This agreement supersedes any previous or existing agreement between the parties.
22. DISCLAIMER: Lessor has made no warranty, express, implied or with regard to suitability
for any particular purpose of the premises nor any fixture nor equipment subject to this
agreement. Lessee takes the premises and any equipment or fixtures and machinery, to include,
but not limited to, any fire alarm and sprinkler systems, and all heating and air conditioning and
plumbing equipment in"AS IS CONDITION".
The Lessor expressly disclaims any warranties and guaranties of any kind as to the Year
2000 readiness of the premises, building, fixtures, equipment and machinery conveyed
hereunder. Lessee agrees that it will hold harmless Lessor for any such failure and any damages
resultant thereto including any actual or consequential damages.
Lessor expressly disclaims any warranty regarding the presence or absence of any
environmental hazard on, upon, beneath or within the premises to include any presence of
asbestos or other material.
Lessor makes no representation that the premises are currently accessible nor in compliance
with the Americans with Disabilities Act (ADA). Lessee will assure compliance with the ADA.-
23. .CHOICE OF LAW: This Agreement shall be governed by the law of the State of Illinois.
24. OPERATION OF PROGRAMS: Lessee agrees on behalf of itself, its employees, tenants,
guests and invitees that it will abide by any and all reasonable regulations or policies regarding
the safety and security of the premises to which the Lessor subjects its employees, tenants, guests
and invitees.
IN WITNESS.WHEREOF: the parties hereto have hereunto set their hands and seals as of the
day of , 2000.
LESSOR: LESSEE:
State of inois City o lgin
t o H Se�vi
by
title: title: Cit, Manager
date: gM CO date: June 29, 2000
Page 4 of 4
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