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HomeMy WebLinkAboutORDINANCE - 786 - 3/13/1972 - BOYS FOOTBALL/AUTHORIZE LEASEORDINANCE NO. 786 AN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT AND THE VILLAGE CLERK TO TRANSACT A LEASE AGREEMENT WITH THE ELK CROVE BOYS FOOTBALL, INC. WHEREAS, the Elk Grove Boys Football, Inc. is a not-for-profit corpora Cion; and WHEREAS, said not-for-profit corporation conducts a football program of games and practices for those boys who reside in and around the Village of. Elk Grove Village; and WHEREAS, said not-for-profit corporation is interested in leasing an area of land to conduct their football program; and WHEREAS, the Village of Elk Grove Village is the owner of vacant property, legally described as follows: 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, for which they have no present need and have no present expectation of future need within the next five years; and WHEREAS, the Village of Elk Grove Village is interested in assisting endeavors designed to benefit the youth residing within the community; and WHEREAS, it is mutually desirable to arrange a lease agreement between the Village of Elk Grove Village and the Ell; Grove Boys Football, Inc. NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois; Section 1: That the Village President and Village Clerk transact a lease agreement with the Elk Grove Boys Football, Inc. Section 2.: That this ordinance shall be in full force and effect from and after its passage and approval, according to law. PASSED this 14th day of March 1972. APPROVED this 14th day of March, 1972. Charles J. Zette!< Village President ATTEST: Richard A. McGrenera Village Clerk LEASE AGREEMENT LEASE AGREEMENT, made this 14th day of March 2 1971. between VILLAGE OF ELK GROVE VILLAGE, Lessor, and ELK GROVE BOYS FOOTBALL, INC., a not-for-profit corporation, Lessee. WHEREAS, the Elk Grove Boys Football, Inc. is a not-for- profit corporation; and WHEREAS, said not-for-profit corporation conducts a football program of games and practices for those boys who reside in and around the Village of. Elk Grove Village; and WHEREAS, said not-for-profit corporation is interested in leasing an area of land to conduct their football program; and WHEREAS, the Village of Elk Grove Village is the owner of vacant property for which they have no present need and have no present expectations of future need within the next five years; and WHEREAS, the Village of Elk Grove Villwge is interested in assisting endeavors designed to benefit the youth residing within the community; and WHEREAS, it is mutually desirable to arrange a lease agreement between the Village of Elk Grove Village and the Elk Grove Boys Football, Inc. W I T N E S S E T H: That 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 sub- division in Section 32, Township 41 North, Range 11, Last 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 December, ].971, to and including the 30th day of November, 1976, subject to the following provisions: 1. The Lessee shall cause the property to be developed according to a development plan approved by the Village Engineer, marked Exhibit A, and attached hereto. This lease shall become null and void if the approved development plan is not fully completed, for whatever reason, by December 31, 1972. The Lessor shall be the sole determiner as to whether the development plan is fully completed. 2. 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 twenty (120) days written notice of Lessor's election to exercise such option. If the option is exercised, Lessor will pay Five Thousand Dollars ($5,000.00) or a sum equal to Twenty percent (20%) of the actual cash expenditures made for development of the leased property, whichever is the lesser amount, for and in accordance with the following: The purchase or rental of a new football field under the same or similar conditions as those in this lease agreement; reasonable construction costs, actually paid by Lessee, to develop a field replacing the one vacated. All money shall be paid by the Village in such manner and under such safeguards as it deems adequate for the purpose. 3. Upon termination of this Lease, Lessee has the option to renew the Lease Agreement on a year-to-year basis, for a period of five (5) years; provided, however,that Paragraph 2 shall be of no further force or effect. 4. 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 $100,000 for each individual injured, and $300,000 for any group injured, 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- 5. Concession facilities may be operated on the premises provided all proceeds are used for the beneift of Elk Grove Boys Football, Inc. to purchase concession supplies, equipment, and to meet the financial obligations for insurance, electricity, water, improve- ments, transportation of athletic personnel and equipment. 6. Absolutely no funds derived from any source whatsoever shall inure to the benefit or profit of any officer of Lessee corporation, or to any other person. 7. A copy of all. State and Federal tax forms and exemption forms required to be filed shall be filed annually with the Village of Elk Grove Village simultaneously with its filing with the Federal government. In addition, the Village Treasurer shall annually audit or cause an audit of the financial records and books of the Lessee corporation in such manner and at such time as he may determine. 8. The Lessee shall have its corporate Treasurer bonded for an amount equal to its highest cash balance and investments. 9. Upon approval by the Village Engineer of the engineering plans submitted by the Lessee, the Lessee, at his expense, may install all improvements called for in the development plan, including the following: Drain tile and piping, water supply lines, sanitary waste facilities, sidewalks, hard -surfaced parking areas, concession stand with heating, public address system, fencing, lighting facilities and lights, portable bleachers, and landscaping. 10. It is understood that upon termination or cancellation of this Lease Agreement, Lessee shall remove all ground facilities located on the leased property at no expense to the Lessor. Any such facilities not removed within one hundred twenty (120) days of the termination date, shall, upon proper notification, become the property of the Village of Elk Grove, and may be disposed of in any manner chosen by the Village. -3- leased 11. It Is understood that no perty adjacePp °Pe tiesall n cause a hardship 0. in°ve eels located on the 22. The convenience t° the its not-for-profit Lessee shall or_profit status regular4, furnssh the Lessee) at With the authentication Vs.11age Tr. zcation of ally time, does for' fit not ensurer, In the Fro status, the qualify for event Peder 13, Lessee Lease shall be deemed al or tate not_ ull leased property on firimay days conduct scheduled fo° balled void Other tice, shall ' Saturdays and Sundays. games °n the and and Thursda hoot �1 condix nda s football gam be No ys, wit Conducted on Mo es 7, 14. The field Prior approval of the Village Tuesdays, Wednesdays 30 P m. on Mondays thr shall not be the flanager, Saturda °llgh Thursd- d Past the hour of Ys and Sundays, Without "ys) 1 and 11:00 Is, ;'%e t Prior aPprov P m on Fridays may be used for other of in use by the 1es,see of the Village Manager. All a Purposes by any other the land) as improved, PPlscable n such use Provisions °f the group) providing: approved is specifically authors lease are °bserved and PFrozed b by the Village A1ana y the Lessee and 16, The gez Co keep the pro Lessee rs resPon si lf, in the opinion oY ble in a suitable condition all. maintenance requir maintain the f the Village lin n for its Intended ed Property) theHager) the Lessee use leased Premsses. Lessor shall have fails to Pro be re, Any exFenditu the right Properly lmbur5ed by the Le re by the Lessor to maintain the shall cause the Lease Lessee within thirty {3Q for maznten' shall deemed nu11 and void nd Bement) at the option fats and failure to do so be granted the benefit Prov the Lessor) to be Provision of Paragraph 2 for17, 1n the eve will not regularly Schedulednt the Lessee a does not use football football games d the leased premises season bei. ng def, September urin€ any regula and vo 1 through December defined as but not limited r football season Vold at the option of 1, the lease a emc to, the Period between gre the Village nt shall be deemed null -4- 18. In the event the ]eased property becomes subject to general real estate taxes as a result of the proposed 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. ATTEST Village Clerk -5- VILLAGE OF ELK GROVE VII:LAE. By Village President/'' ELK GROVE BOYS FOOTBALL, INC. BY I 1 i !