Loading...
HomeMy WebLinkAbout#5133 Fulton Co Court Services RESOLUTION NO. 5133 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 City of Canton has additional office space located in Canton City Hall, located at 2 North Main Street, Canton, Illinois; and WHEREAS, the City desires to lease this property to bring additional income to the City; and WHEREAS, Fulton County Court Services is in need of office space to meet and counsel clients; and WHEREAS, Fulton County Court Services has rented this space for the past two years; and WHEREAS, the Legal & Ordinance Committee of the City of Canton has determined 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 6th day of February 2018, upon a roll call vote as follows: AYES: Alderman Ryan Mayhew, Chris Jump, John Lovell, Craig West, Angela Hale, Tad Putrich, Angeila Lingenfelter, Justin Nelson NAYS: None ABSENT: None ABSTAIN: None AP RO Kent Mc A. Dowell, Mayor '•.aPa y oc , City Clerk 1111 i i I 111 • 600q01 307 Tx 5 1879704 JANES I. NELSON COUNTY CLERK& RECORDER FULTON COUNTY,IL RECORDED ON 02/12/2018 10:05 AM RECORDING FEE 67.00 PAGES: 7 LEASE AGREEMENT between the CITY OF CANTON,ILLINOIS and FULTON COUNTY COURT SERVICES Dated as of January 18,2018 Prepared by and Return to: City of Canton 2 N. Main Street Canton,IL 61520 CITY OF CANTON CITY HALL OFFICE LEASE The City of Canton, an Illinois municipal corporation ("City" or "Lessor") mles this lease with Fulton County Court Services, as tenants, ("County" or "Lessee") on the ( day of 2018. WHE AS, 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: I. 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, 2018, and ending on February 28, 2019. 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(5th) 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 intemet 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 Many Davis Home 1319 E. 5th 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 ORRELATING TO THIS AGREEMENT. A 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: (I) 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 is By: N.' y L ( tee 1, Mayor Attest: Diana Pay era—, ity Clerk STATE OF ILLINOIS, )SS. COUNTY OF FULTON I, the undersi,�ed, a Notary Public in and r said County in the State aforesaid, do hereby certify that Sat ilicp0U U* Dana {htY/tq=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 f / day of 20/8. Notary Public FULTON COUNTY COURT SERVICES OFFICIAL SEALCAROL E KOHLER By: Vic ' C- / • NOTARY PUBLIC-STATE OFL NOIs Chief Judge David Vancil MY COMMISSIONptPIRESda911i8 STATE OF ILLINOIS, )SS. COUNTY OF FULTON ) I, the undersigned. a NotarypPublic in and for said County in the State aforesaid, do DWhereby certify that DW);(1i VLLl9 ed 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. �,/7 Given under my hand and notarial seal,this L�day of J C�.i'\L(61 ,20 U OFFICIAL SEAL MELISSAA STANTON Notary Public NOTARYuouCNW MY COMMISSION EXPIRES 08'10-19