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HomeMy WebLinkAboutRESOLUTION - 24-87 - 3/24/1987 - LEASE AGRMT/EG PARK DISTRICTRESOLUTION NO. 24-87 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A LEASE AGREEMENT WITH THE ELK GROVE PARK DISTRICT BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, as follows: Section 1: That the Village President and Village Clerk are hereby authorized to execute a Lease Agreement between the Village of Elk Grove Village, Lessor, and the Elk Grove Park District, Lessee, a copy of said Lease Agreement is attached hereto and incorporated herein. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYE: 5 NAY: 0 ABSENT: 0 ABSTAIN: 1 PASSED this APPROVED this ATTEST: Patricia S. Smith Village Clerk 24th day of 24th day of March 1987, March 1987, Charles J. Zettek Village President LEASE AGREEMENT LEASE AGREEMENT, made this 24th day of March , 1987, between the VILLAGE OF ELK GROVE VILLAGE, Lessor, and the ELK GROVE PARK DISTRICT, Lessee, WHEREAS, the Elk Grove Park District is a municipal corporation; and WHEREAS, Lessee conducts a football program of games and practices for those boys who reside in and around the Village of Elk Grove Village; and WHEREAS, Lessee is interested in leasing an area of land to conduct its football program; and WHEREAS, the Village of Elk Grove Village is the owner of vacant property for which it has no present need and has no present expectations of future need within the next five years; and WHEREAS, it is mutually desirable to arrange a Lease Agreement between the Village of Elk Grove Village and the Elk Grove Park District. WITNESSETH The Lessor, for $1.00 per year good and valuable consideration, and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by Lessee; has demised and leased to Lessee all premises situated in the Village of Elk Grove Village, in the County of Cook, State of Illinois, and described as follows, to wit; The southerly 270.00 feet of the northerly 788.00 feet of the north 951.83 feet as measured along the west line of the southwest quarter of the northeast quarter of Section 32, Township 41 North, Range 11 (excepting therefrom the east 810.00 feet, as measured along the north line). also That part of the southeast quarter of the northwest quarter lying east of the east line of Wellington Avenue as dedicated in Elk Grove Village, Section 15, being a subdivision in Section 32, Township 41 North, Range 11, East of the Third Principal Meridian, all in Cook County, Illinois TO HAVE AND TO HOLD the above described premises unto Lessee from the first day of April , 1987, to and including the 31st of March 1992, subject to the following provisions: -1- 1. During the term of this or subsequent leases, the Lessee shall carry a liability insurance policy approved by the Village Attorney, in an amount of: A. Bodily Injury B. Bodily Injury C. Property Damage D. Combined Single Limit of Bodily Injury and/or Property Damage $ 500,000.00 $ 500,000.00 $ 100,000.00 $1,000,000.00 (each occurrence) (each occurrence) which names the Lessor as an additional insured and provides the Lessor with a certificate of insurance. The Lessee shall hold the Lessor harmless from any and all claims and liabilities whatsoever. 2. The Lessee shall not assign, transfer or sublease this property or any part thereof to any person, group or corporation without first having secured the approval of the Lessor. 3. The Lessee agrees that no improvements located on the leased property or the use of said property shall cause an unreasonable hardship or inconvenience to the adjacent properties. The Lessee further agrees to promptly eliminate said problems within a reasonable time after notification by the Lessor. Failure to eliminate said problem shall render this lease null and void. 4. The Lessee shall cause the property to be developed or redeveloped according to a development plan to be prepared by Lessee and approved by the Village President and Board of Trustees which plan is marked Exhibit A, and attached hereto. This lease shall become null and void if improvements are begun by Lessee prior to approval by the Village. 5. Upon approval by the Village Engineer of engineering plans submitted by the Lessee, the Lessee at its expense, shall install all improvements including in the development plan approved under Section 4 of this Agreement. This lease shall become null and void if all improvements included in the development plan are not installed. 6. The Lessee is responsible for all maintenance required to keep the property in a suitable condition for its intended use. If, in the opinion of the Village Manager, the Lessee fails to properly maintain the property or the improvements thereon, the Lessor shall have the right to maintain the leased premises. Any expenditure by the Lessor for maintenance shall be reimbursed by the Lessee within thirty (30) days and failure to do so shall cause the Lease Agreement, at the option of the Lessor , to be deemed null and void. 7. Lessee may conduct scheduled football games on the leased property on Fridays, Saturdays and Sundays. No football games, other than practice, shall be conducted on Mondays, Tuesdays, Wednesday, and Thursdays without prior approval of the Village Manager. 8. The field shall not be illuminated past the hour of 7:30 p.m. on Mondays through Thursday, and 11:00 p.m. on Fridays, Saturdays, and Sundays without prior approval of the Village Manager. 9. Concession facilities may be operated on the premises provided all proceeds are used to purchase concession - 2 - supplies, equipment, and to meet the financial obligations for insurance, maintenance, electricity, water, improvements, transportation of athletic personnel and equipment as are associated with this lease. 10. In the event the Lessee does not use the leased premises for regularly scheduled football games, the number of which being solely at the discretion of the Lessee, during any regular football season, a football season being defined as, but not limited to, the period between September 1 through December 1, the Lease Agreement shall be deemed null and void at the option of the Village. 11. When not in use by the Lessee, the land, as improved, may be used for other purposes by any other group, provided: All applicable provisions of the lease are observed; and such use is specifically authorized by the Lessee and approved by the Lessee and approved by the Village Manager 12. In the event Lessor shall desire to regain possession of the premises herein described for any reason, Lessor shall have the option of so doing upon giving the Lessee one hundred eighty (180) days written notice of Lessor's election to exercise such option. Above ground improvements and/or facilities not removed from the land by the Lessee within said 180 days period shall become the property of the Lessor, and they may be retained or disposed of as determined by the Lessor. 13. Upon termination of this lease, the Lessee has the option to renew the Lease Agreement on a year-to-year basis, for a period of five (5) years. 14. Absolutely no funds derived from the football program contemplated hereunder or any other use of the premises pursuant to this lease shall inure to the benefit or profit of any officer of Lessee municipal corporation, or to any other person. 15. In the event the leased property becomes subject to general real estate taxes as a result of any use under this Lease Agreement, the Lessee shall be solely responsible for the payment of such taxes. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ELK GROVE PARK DISTRICT LN ATTEST: President Secretary VILLAGE OF ELK GROVE VILLAGE BY Charles J. Zettek Village President - 3 - Patricia S. Smith Village Clerk