HomeMy WebLinkAboutResolution #5042 (Fulton Co Court Services) RESOLUTION NO 5042
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN FULTON
COUNTY COURT SERVICES AND THE CITY OF CANTON AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON
BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the Legal & Ordinance Committee of the City of Canton has determined
that based on the financial times the City is facing, it is necessary and in the best interests of the
City of Canton to enter into a lease agreement with Fulton County Court Services as set forth in
Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and
directed to execute said Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16TH day
of February, 2016, upon a roll call vote as follows:
AYES: Aldermen Craig West, Tad Putrich, Jim Nelson, Ryan Mayhew, Justin Nelson,
Gerald Ellis, John Lovell, Angela Hale
NAYS: None
ABSENT: None
ABSTAIN: None APPROVED:
A , Mayor
ATT T:
Diana ley- o rty Clerk
NLR Documents/Resolution
2/16/2016
CITY OF CANTON CITY HALL OFFICE LEASE
The City of Canton, an Illinois municipal corporation ("City" or "Lessor") makes this
lease with Fulton County Court Services, as tenants, ("County" or"Lessee") on the day
of , 2016.
WHEREAS, the City, owns property located at 2 North Main Street, Canton, Illinois,
commonly known as "City Hall." Within City Hall are various offices which the City uses for
conducting it business as a municipality. The City has one (1)office which it does not use in the
course of conducting its business of a municipality.
WHEREAS, Lessee is a branch of the Ninth Judicial Circuit and conducts probation
meetings for the citizens of Fulton County. Lessee seeks an office in Canton, Illinois, out of
which to conduct its probation appointments.
WHEREAS, Lessee desires to enter into a lease agreement with the City for the office
located on the south side of the first floor of City Hall. Said office would provide Lessee an
office area to conduct its probation hearings.
WHEREAS, the City's best interests are served by entering into a lease agreement with
County that would allow County to lease the office located on the south side of the first floor of
City Hall to conduct probation hearings.
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. PROPERTY DESCRIPTION: This lease is for the following office space: one
(1) office space located on the south side of the first floor of City Hall, 2 North Main Street,
Canton, Illinois.
2. TERM: The term of this lease shall be for one(1) year commencing on March 1,
2016, and ending on February 28, 2017. Thereafter, the lease shall automatically renew for one
(1) year. After the initial one (1) year term, either party may terminate said lease by giving the
other party sixty(60)days written notice of its intent to terminate said lease.
3. LEASE PRICE: The rent will be $475.00 per month payable in advance or by
the first of every month. If rent is not paid by the fifth(5t') of the month, a late fee of$10.00 per
day shall be added to the monthly rent until the rent is brought current. Rent is not refundable or
pro-rated.
4. USE: County may use the leased space for conducting its probationary business
and general office business. County will instruct its clients to use the waiting area on the east
side of City Hall and shall remain in the east side waiting area during their time at City Hall.
County will instruct its clients that City staff is not involved in County's services and cannot
answer questions regarding County's services.
5. UTILITIES: Rent shall include internet and phone service as well as water and
electrical services.
6. INSURANCE: County may obtain insurance in its own name to cover the
contents of the leased space. The City will not be liable to any damage to the contents of the
Leased Property.
7. TRANSFER, ASSIGNMENT, MAINTENANCE: County shall not assign,
delegate, transfer, sell or otherwise dispose of(collectively, "Transfer"), in whole or in any part,
any of its rights or obligations hereunder, to the Leased Property, to any person or entity without
the prior written consent of the City. County cannot obtain a lien on Leased Property. County
shall maintain the interior of the office in good condition and shall provide its own cleaning
services, including but not limited to disposing of any garbage in leased property.
8. TERMINATION OF AGREEMENT: This Agreement shall terminate and be
of no value and after the first year, may terminate upon sixty (60) days notice by either party, or
the mutual consent of all parties hereto.
9. NOTICES: Any notice, request, demand, waiver, consent, approval or other
communication which is required or permitted to be given to any party shall be in writing and
shall be deemed given only if delivered (or delivery is rejected) to the party personally or by
certified, return receipt requested U.S. mail, with postage and registration or certification fees
thereon prepaid, addressed to the party at its address set forth below:
Lessor:
City of Canton City of Canton
Attention: Mayor Attn: City Attorney
2 North Main Street 2 North Main Street
Canton, IL 61520 Canton, IL 61520
Lessee:
Fulton County Court Services
Attn: Chief Judge
c/o Marry Davis Home
1319 E. 5a`
Galesburg, IL 61401
10. GOVERNING LAW; CONSENT TO JURISDICTION; SERVICE OF
PROCESS: This Agreement shall be governed by, and construed in accordance with, the laws
of the State of Illinois.
Each of the parties hereby irrevocably and unconditionally submits, for itself and its
property, to the nonexclusive jurisdiction of any Illinois court and any appellate court from any
jurisdiction thereof, in any action or proceeding arising out of or relating to this Agreement, or
for recognition or enforcement of any judgment, and each of the parties hereby irrevocably and
unconditionally agrees that all claims in respect of any such action or proceeding may be heard
and determined in any such Illinois court or, to the fullest extent permitted by law, in such
federal court. Each of the parties agrees that a final judgment in any such action or proceeding
shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any
other manner provided by law. Nothing in this Agreement shall affect any right that any party
may otherwise have to bring any action or proceeding relating to this Agreement.
Each of the parties irrevocably and unconditionally waives, to the fullest extent it may
legally and effectively do so, any objection that it may now or hereafter have to the laying of
venue of any suit, action or proceeding arising out of or relating to this Agreement in any Illinois
state or federal court. Each of the parties hereby irrevocably waives, to the fullest extent
permitted by law, the defense of an inconvenient forum to the maintenance of such action or
proceeding in any such court. Each of the parties hereby consents to service of process by mail.
11. WAIVER OF JURY TRIAL: EACH OF THE PARTIES HERETO
IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION
PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT
OR OTHERWISE)ARISING OUT OF OR RELATING TO THIS AGREEMENT
12. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
between the parties with respect to the matters covered hereby and supersedes all prior
agreements and understanding with respect to such matters between the parties.
13. AMENDMENT; SUCCESSORS; COUNTERPARTS
a. The terms of this Agreement shall not be altered, modified, amended,
waived or supplemented in any manner whatsoever except by a written instrument signed by
each of the parties.
b. Except as otherwise set forth herein, nothing expressed or implied herein
is intended or shall be construed to confer upon or to give to any Person, other than the parties,
any right, remedy or claim under or by reason of this Agreement or of any term, covenant or
condition hereof, and all the terms, covenants, conditions, promises and agreements contained
herein shall be for the sole and exclusive benefit of the parties and their successors and permitted
assigns.
C. This Agreement may be executed in one or more counterparts, each of
which, when executed, shall be deemed an original but all of which, taken together, shall
constitute one and the same Agreement.
14. INDEMNITY: County does hereby fully RELEASE, REMISE and forever
DISCHARGE the City, its agencies, and agents from all manner of action and actions, cause and
causes of actions, claims, demands, suits, debts, dues, damages, costs, loss of service, sums of
money, accounts, bonds, bills, specialties, controversies, agreements, promises, variances,
immunities, losses, trespasses, judgments, executions, expenses or compensations on account,
whatsoever, whether known, unknown, foreseen unforeseen, patent or latent, in law or in equity,
which County may have against said City, growing out of or original or arising out of any
transaction, occurrence, event or incident occurring at the leased Premises, and do hereby
covenant with the said City to indemnify and save it/him/her harmless for all said claims,
demands, costs, expenses and compensation on account of or in any way arising out of any
incident during the term of this Agreement and County uses said office space at its own risk.
15. SEVERABILITY: If any term or other provision of this Agreement is invalid,
illegal or incapable of being enforced by any rule of law or public policy, all other conditions and
provisions of this Agreement shall nevertheless remain in full force and effect so long as the
economic or legal substance of the transactions contemplated hereby is not affected in a manner
materially adverse to either party. Upon such determination that any term or other provision is
invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to
modify this Agreement so as to effect the original intent of the parties as closely as possible in an
acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent
possible.
16. RESERVED RIGHTS OF CITY: County understands that if the City
requires exclusive use of the leased property for any public purpose, which is inconsistent with
its occupancy of it, the City may terminate this lease by giving County sixty (60) days written
notice of its intention.
Representatives of the City may come upon my leased property as follows:
(1) At any and all times for the purpose of inspecting.
(2)To operate and maintain sewer, water, and gas pipes as well as any other utilities.
(3) To do any other work necessary to maintain City Hall and its structures.
17. DEFAULT: I understand that the City may, at its option, terminate this lease:
A. If I fail to perform my duties under this lease and fail to remedy the
non-performance after sixty(60) days written notice from the City.
B. If I fail to vacate at the end of the lease term.
C. If the lease has been transferred other than in accordance with the
provisions in paragraph 12.
D. Upon termination, the City may without further demand or notice, enter and take
possession of the premises and expel me or anyone else found there without being guilty
of forcible entry of trespass and without liability for loss or damage. All buildings and
other improvements at the option of the City may become the City's property in full
settlement as liquidated damages.
18. PREFERENCE IN RE-LEASING: When this lease expires, or my heirs or
devisees, if I am not in default, shall be preferred by the City over all others for
further leasing, subject to applicable ordinances and regulations and for such term
and upon payment of such rent as the City may charge for the described real estate.
CITY OF CANTON, ILLINOIS
By:
e r ritz M or
Attest:
avle ck lerk
FULTON COUNTY COURT SERVICES
By:
Chief Judge David Vanc'
STATE OF ILLINOIS, )
)SS.
COUNTY OF FULTON )
I, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that personally known to me to be the same
person(s) whose name(s) are subscribed to the foregoing instrument, appeared before me this day
in person and severally acknowledged that they signed, sealed, and delivered the said instrument
as their free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of , 20
Notary Public