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T-1182 0 Ordinance No. T-1182 AN ORDINANCE AUTHORIZINr. THE MAYOR AND CITY CLERK TO EXECUTE A LEASE OF CERTAIN PROPERTY SDUTHWESTERLY OF NORTH SPRING STREET EXTENDED, ALONG THE FOX RIVER IN _THE, CITY OF ELGIN, ILLINOIS, TO THE NAVY CLUB, SHIP NO. 7, ELGIN, ILLINOIS. WHEREAS, the City of Elgin is the owner of certain real estate lying Southwesterly of North Spring Street extended along the Fox. River in the City of Elgin, Illinois, upon which are located two boat houses, and WHEREAS, Navy Club, Ship No. 7; Elgin, Illinois, has requested permission to lease said property from the City for the purpose of im- proving the same and utilizing it for the activities of Sea Explorer Ship, No. 77, Fox River Valley Council, Boy Scouts of America, and WHEREAS, in the considered opinion of the City Council of Elgin, Illinois, it is desirable that the said Navy Club, Ship No. 7, Elgin, Illinois, be given a formal lease allowing them to utilize said area for and on behalf of Sea Explorer Ship, No. 77, Fox River Valley _ Council, Boy Scouts of America. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and Clerk of the City of Elgin be and they are hereby authorized, empowered, directed an& instructed for and on behalf of the City of Elgin, to execute a lease with Navy -Club, Ship No. 7, Elgin, Illinois, in substantially the following form, to-wit: LEASE THIS INDENTURE Made this day of March, 1963, by and between THE CITY OF ELGIN, a municipal corporation of the State of Illinois, hereinafter referred to as Lessor, <? and NAVY CLUB;. SHIP NO. 7, Elgin, Illinois, acting for and on behalf of Sea Explorer Ship, No. 77, Fox River Valley Council, .Boy Scouts of America, hereinafter referred to as Lessee, WITNESSETH, as follows That said Lessor has this day leased to said Lessee certain premises owned. by Lessor in the City of Elgin, described as follows, to-wit: the premises, to be utilized for the activities of the Sea . Explorers and Navy Club, Ship No. 7, during the term of this lease upon- the demised- premises. Said Lessee further acknowledges that the Lessor has represented to the Lessee that one Paul G. Pfister of the City of Elgin, Illinois, may have or claim some right, title or interest in said boat houses and that prior to utilizing said boat houses or using them in any manner, the Lessee should first secure the permission of the said Paul G. Pfister and any rights granted under this lease are expressly subject to any right, title or interest which the said Paul G. Pfister may have or claim in said boat houses. In the event that this lease should be terminated for any reason during its term, the said Paul G. Pfister will be given reasonable time to remove the two boat houses, includ- ing any repairs or improvements made to the same from the premises. S. In the event that this lease should expire and not be renewed, the said Paul G. Pfister shall be given ninety days from the date of expiration of said lease to remove the boat houses from the premises, as above pro- vided. 6. In the event that any structure or. building is removed from the premises, pursuant to the terms of this lease, the Lessee hereby expressly agrees and covenants that it will restore the real estate to a clean and neat condition and will grade and seed that portion along the river bank which may be utilized for park or lawn purposes. 7. In the event that Sea Explorer Ship, No. 77 should be disbanded in its activities during the term of this lease, it is expressly understood and agreed that said lease shall be automatically terminated and that any rights, title or interest which the said Sea Explorer Ship, No. 77, Fox River Valley Council, Boy Scouts of America, may have or claim in any buildings or structures on said real estate shall vest in the City of Elgin, subject to the terms of this lease. 8. Said Lessee shall not assign this lease, or any portion thereof, nor sublet said premises, or any part thereof, without the written consent of the Lessor en- dorsed hereon. In case the demised premises shall be vacated during the term and the Lessee shall choose not to utilize the premises for the purposes herein stated, said Lessor may. take immediate possession thereof for the remainder of the term. - 3 - pamphlet form by authority of the City Council LeRoy A. Mote, Mayor Presented: March 289 1963 Passed: March 289 1963 Vote: Yeas ¢ Nays Q Recorded: March 289 1963 Published: March 289 1963 Attest: Myrtle E. Spiegler, City Clerk - 5 - • EXHIBIT "A" FORMING A PART OF THAT CERTAIN LEASE DATED MARCH 28, 1963, BY AND BETWEEN THE CITY OF ELGIN, A MUNICIPAL CORPORATION OF THE STATE OF ILLINOIS, AS LESSOR, AND NAVY CLUB SHIP, N0, 7, ELGIN, ILLINOIS, AS LESSEE. RULES OF OCCUPANCY 1. As soon as reasonably possible after the execution of the lease above referred to, the Lessees shall cause .the presently Northerly boat house on the premises to be moved and relocated in a safe condition to the South of the other boat house, constructed on the premises. 2. That said premises will be utilized by Sea Explorer Ship, No. 77, Fox River Valley- Council, Boy Scouts of America, only between the hours of 7:00 A.M. and 9:30 P.M. and that all activities of such Ship shall be supervised by qualified leadership at all times subse- quent to' 7:00 P.M. on any evening. 3. That notwithstanding anything to the contrary, the said' Sea Explorer Ship, No. 77, may utilize the premises for the purpose of "overnights" no more than six times during any calendar year, ex- pressly provided, however, that they shall have adult leadership pre- sent at all times during such activities. 4. That those persons utilizing the premises during this lease shall have the privilege of using and shall take advantage of the use of the restroom facilities owned and operated by the City at the Slade Avenue Pumping Station. CITY OF ELGIN, a municipal Corporation By (SEAL) NAVY CLUB, SHIP NO. 7 OF ELGIN By. (SEAL)