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 !