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HomeMy WebLinkAboutResolution #3181~~ M RESOLIITION N0. '~~ R1 A RESOLIITION APPROVING A LARESHORE LEASE WHEREAS, the Legal and Ordinance Committee of the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to adopt the attached Lakeshore Lease form a copy of which is hereto attached as Exhibit "A"; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Lakeshore Lease is hereby approved and that each and every lease hereafter shall be implemented on said form, hereto attached as Exhibit "A"; and, 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. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of July, 1993, upon a roll call vote as follows: AYES: Alderm~ Chapman, May, Bohler, Meade, Sarff, Phillips, Nlolleck, Coay. NAYS: None, ABSENT: None ATTEST: ~ ~~~~~ut~~ _ Nancy Whi es, City Clerk. AP OVZD: r--- - ~------. ~- ,/lam-~ ~t_ Donald E. Edwards, Mayor LAKESHORE LEASE The City of Canton, an Illinois municipal corporation ("City") makes this lease with me/ua ("Lessee") on the 10th day of February, 1993. The City, as a part of its municipal water supply has a large artificial lake called Lake Canton. The City has shoreline property, however it must protect the lake from pollution, undue erosion and other in3ury which it can do best if it owns the land but leases under terms and conditions which will protect the lake. 1. DESCRIPTION: This lease to me/us is for the following real estate: 2. TEftM: The term of this lease shall be for a period of twenty (20) years from this date provided that an additional year shall be added to its term on each anniversary date hereof so that there shall always be a minimum of ninteen years and one day remaining on the term. 3. IISE: I may use the leased property for my residence. I may not use the property for any other uses or purposes and at all times I must protect the lake. /~. RENT: As rent I will pay to the City the sum of DOLLARS ($ ) per year in advance on or before the first day of May at the office of the City Water Department or other places designated by it, payment to be made on or prior to May 1. To secure the payment of rent and other agreements in this lease the City shall have the superior lien (inferior only to mechanic's liens) on all improvements on the leased property in addition to any other liens and remedies it may have at law. At the option of the City, its lien may be enforced in equity or by distress or by foreclosure sale. 5. MORTGAGE: I understand that I may mortgage my leased property and the improvements on it and that the firm or other entity which holds the mortgage may record it and enforce the mortgage and acquire ownership of my leasehold and improvements in accordance with the law and that it may be sold at a foreclosure sale however the provisions of paragraph 12 must be observed in selling and rents must be paid to date to the City before the transfer will be honored. 6. TAgES: I will pay all taxes and assessments on the leased property before they become delinquent. 7. IITILITIES: I understand that I am to pay all charges for water, garbage removal, electricity, gas or other service for my leased property. 8. RESIDENCE: I understand that I may use up to 80 x 100 feet of my leased area to build and then occupy one single family residence and appurtenances. I may not have more than one dwelling house on my lot at any one time. Before I build anything on my lot, I must submit plans showing plumbing and sewage disposal, location on lot etc. to the City and obtain written approval (usually a building permit) from the City. If I build without approval, the City may remove what I build and charge me for the removal. No one else~s lien may attach to any improvement built without the City~s written approval. 9. INSIIRANCE: I understand that I may obtain insurance in my own name on any improvements I make however, the City will not be liable for damage to my property. 10. WATER LEVEL; It is understood that the City will not be responsible for maintaining any certain lake level and will not be responsible for damage caused to my improvements or other property of mine by the action of the waters. 11. GENERAL REGIILATIONS: I will: a. Keep my leased land neat and clean and free from noxious weeds and debris. Also I will maintain the improvements in good repair. b. Install and maintain such facilities for the disposal of sewage, solid or liquid waste as may be required by the City, Fulton County Health Department, State Department of Public Health or other public authority for sanitation and public health. If sewer connections are available and the City so orders, I will connect to the sewer. In no instance will I allow sewage to enter the lake from my lot. c. Care for and protect from injury all shade and ornamental trees, shrubbery and sod and I will not remove trim, or permit the removal or trimming of any trees more than three inches in diameter without the consent of the City. d. I will not permit any of my lot to be denuded of vegetation or to be cultivated in such manner as to cause or permit soil erosion. Further I agree to maintain the shoreline in good condition. e. Exclude the general public from my lot and from that part of the lake within 25 feet of the shore line of my lot. (except as to navigation) f. Obey all rules, regulations and ordinances of the City pertaining to leased lots, the lake and surrounding lands and will not allow violations by my family, my guests or any other person on my lot. g. Not permit on or near my lot anything in violation of any law -- State, Federal or municipal, or the regulations of any public authority. h. Not cause nor permit any objectionable noise or odor to be emitted from my lot; nor will I keep on my lot any domestic livestock poultry or noisy or dangerous dog. i. Not do nor permit anything to be done or remain on my lot or in or on the lake in any way tending to pollute the waters or to create a nuisance or disturb the peace or quiet of the neighborhood or annoy any occupant of neighboring property. j. Not allow yard waste including grass clippings, leaves or like material to enter the lake from my lot. k. Not use herbicides nor insecticides near the water of the lake nor anywhere where rain may wash these chemicals into the lake except with the written permission of the Water Superintendent of the City. 1. Not extend any structure into the lake such as a dock, boat lift or any other structure more than fifteen feet (15' ) from the normal shoreline. The "normal shoreline" is determined when the water level is even with the top of the spillway. I further will not install any separate structure such as a fence, post, etc. below the normal water surface. 12. TRANSFER: I understand I may not assign or transfer this lease or any interest in it although I may mortgage my leasehold. Similarly the lease may not be transferred by a mortgagee, receiver, trustee in bankruptcy or other representative of me or my estate nor may it be transferred by operation of law, legal process or any other means whatsoever without the written consent of the City, which consent will not be unreasonably withheld. No part of the leased premises may be used by any person other than me, my family, guests and employees without the written consent of the City. Should I desire to assign or transfer this lease to any other person, I must first give written notice to the City with the name of the proposed transferee. No transfer shall be effective unless notice is given to the City, a new lease is prepared by the City and the new lease, when signed is filed with the City. 13. VOLIINTARY CANCELLATION: I may surrender this lease if I have fully performed my duties and thus be relieved of any further obligations under it. 1~.. RESERVED RIGHTS OF CITY: A. I understand that if the City requires exclusive use of the leased property for any public purpose which is inconsistent with my occupancy of it, the City may terminate this lease by giving me six months written notice of its intention and paying me for the value of my improvements. Should we not be able to agree on value, I will select an appraiser and the City will select one and these two will select a third. The ultimate determination will be binding on us. B. Representatives of the City may come upon my leased property as follows: (1) At reasonable times to inspect same (2) At any time to gain needed access to other land (3) To plant and care for trees and other vegetation (4) To construct, operate and maintain sewer, water and gas pipes, electric lines and pipes and lines for other services and their appurtenances (5) To improve and protect the shoreline (6) To do any other work necessary to maintain the lake or its structures 15. DEFAIILT: I understand that the City may, at its option terminate this lease: A. If I fail to perform my duties under the 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. IIpon 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 or 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. 17. 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 DEPARTMENT OF LAKE DEVELOPMENT By: Donald E. Edwards, Mayor. Attest: Nancy Whites, City Clerk And Chester Phillips, Chairman (SEAL) (SEAL) • 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 Donald E. Edwards, Mayor, and Nancy Whites, City Clerk, and Chester Phillips, Chairman of Lake Development Committee, of the City of Canton, Illinois, personally known to me to be the same persons and such officers, respectively, whose names 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 the free and voluntary act of the said City, for the uses and purposes therein set forth, pursuant to due authority conferred by its Council. Given under my hand and notarial seal, this day of 19 • Notary Publie. ~ 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 whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that she signed, sealed and delivered the foregoing instrument as her free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 19 Notary Public. '