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Home My WebLink About#4202 Approving Amendment/ Lakeshore Lease With John and Gloria Davis ORDINANCE #4202 AN ORDINANCE APPROVING AN AMENDMENT TO A CITY OF CANTON LAKESHORE LEASE WITH JOHN W DAVIS AND GLORIA D DAVIS ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: SEPTEMBER 15, 2020 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: SEPTEMBER 15, 2020 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. further certify that on September 15, 2020 , the City Council of such municipality passed and approved Ordinance#4202 entitled: AN ORDINANCE APPROVING AN AMENDMENT TO A CITY OF CANTON LAKESHORE LEASE WITH JOHN W DAVIS AND GLORIA D DAVIS The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 15 6A=MBER 2020 Dian -avley-Rock, CMC, City CI rk Seal City of Canton, Illinois ORDINANCE NO. 4202 AN ORDINANCE APPROVING AN AMENDMENT TO A CITY OF CANTON LAKESHORE LEASE WITH JOHN W. DAVIS AND GLORIA D. DAVIS WHEREAS, the City of Canton owns the following described real property (the "Property"): Lot 1 in Old Beach Addition to Lake Canton; situated in the County of Fulton and State of Illinois. Common Address: 24784 E. Old Beach Road, Canton, Illinois 61520 PIN: 10-09-30-206-001 and; WHEREAS,following proper notice,on or about July 18,2017,the City passed Ordinance No. 4083 to lease the above-described Property to John W. Davis and Gloria D. Davis (the "Lessees") by a City of Canton Lakeshore Lease ("Lakeshore Lease"); WHEREAS, the Lessees desire to construct and use a dock that would be in violation of the current terms and conditions of their current Lakeshore Lease; WHEREAS,the Committee on Lakes, Buildings, and Grounds, and the City Council and Mayor of the City of Canton have determined that it is in the best interest of the City of Canton that it amend the lease for the above-described municipally owned property to allow for the larger sized dock requested by the Lessees; and NOW, THEREFORE,BE IT ORDAINED by the City Council of the City of Canton, Fulton County, Illinois, as follows: 1. The City Council finds as facts the recitals hereinabove set forth. 2. The Mayor is hereby authorized and directed to sign an addendum,to be drafted by the City Attorney, amending the Lakeshore Lease as follows: Paragraph 12q) is amended and replaced in its entirety to state as follows: Not extend any structure into the lake, such as a dock, boat lift or any other structure, more than thirty-two feet(32') from the normal shoreline. Said structures shall contain lights to warn others (e.g. boaters/swimmers) of its location after sunset. The "normal shoreline" is determined when the water level is even with the top of the spillway. Lessees further will not install any separate structure such as a fence, post, etc. below the normal water surface. All boats docked/stationed at the Lessees dock shall contain a license and boat sticker registered to Lessees. Paragraph 14(C) is added to state as follows: (C) The City reserves the right to amend this Lease at any time, without the consent of the Lessees. Paragraph 14(D) is added to state as follows: (D) The City reserves the right at all times to raise and lower the water levels of the lake, in its sole discretion and as it deems appropriate. Lessees acknowledge that docks, boat lifts, and other structures could be damaged during this process. Lessee assumes all risks with said structures and hereby agrees to hold the City harmless from any and all damages caused thereto, if any, by the City's raising and lowering of the water levels of Canton Lake, or Lake Canton. 3. This ordinance shall be in full force and effect from and after its passage, by a vote of at least three fourths of the corporate authorities now holding office, and approval in the manner provided by law. PASSED THIS 15th day of September, 2020. AYES: Aldermen Justin Nelson, Angela Lingenfelter, Jeff Fritz, Angela Hale, Craig West, John Lovell, Quin Mayhew, Andra Chamberlin NAYES: None ABSENT: None APPROVED THIS 15"day of September, 2020. APPROVED: Ke t A. McDowell, ayor ATTEST- Diana Pavley-Rock, City Clerk ADDENDUM TO CITY OF CANTON LAKESHORE LEASE This Addendum to City of Canton Lakeshore Lease("Addendum")is entered into this 15 day of September, 2020 ("Effective Date"), by and between the City of Canton, an Illinois municipal corporation (the "City"), and John W. Davis and Gloria D. Davis ("Lessees"). RECITALS WHEREAS, pursuant to Ordinance No. 4083 of the City of Canton, the City and Lessees entered into a certain City of Canton Lakeshore Lease (the "Lease") on or about July 18, 2017; and WHEREAS, Paraph 12(l) of the Lease provided that the Lessees shall "not extend any structure into the lake such 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. We will not install any separate structure such as a fence, post, etc. below the normal water surface." WHEREAS, pursuant to the request by the Lessees and Ordinance No. 4202, the City Council and Mayor of the City of Canton have determined that it is in the best interests of the City to modify the lease to allow for the Lessees to install a larger dock. NOW, THEREFORE, in consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: A. Paragraph 12q) of the Lease is amended and replaced in its entirety to state as follows: Not extend any structure into the lake, such as a dock, boat lift or any other structure, more than thirty-two feet (32') from the normal shoreline. Said structures shall contain lights to warn others (e.g. boaters/swimmers) of its location after sunset. The "normal shoreline" is determined when the water level is even with the top of the spillway. Lessees further will not install any separate structure such as a fence, post, etc. below the normal water surface. All boats docked/stationed at the Lessees dock shall contain a license and boat sticker registered to Lessees. B. Paragraph 14(C) is added to the Lease to state as follows: (C) The City reserves the right to amend this Lease at any time, without the consent of the Lessees. C. Paragraph 14(D) is added to the Lease state as follows: (D) The City reserves the right at all times to raise and lower the water levels of the lake, in its sole discretion and as it deems appropriate. Lessees acknowledge that docks, boat lifts, and other structures could be damaged during this process. Lessee assumes all risks with said structures and hereby agrees to hold the City harmless from any and all damages caused thereto, if any,by the City's raising and lowering of the water levels of Canton Lake, or Lake Canton. D. Except as provided in this Addendum, the terms and provisions of the Lease shall remain unchanged and remain in full force and effect. In the event of any inconsistency between the terms of the Lease and this Addendum,the terms and conditions in this Addendum shall control. E. The forgoing Recitals of this Amendment are incorporated herein and made a part hereof. IN WITNESS WHEREOF, the parties.have executed this Addendum as of the Effective Date. CITY OF CANTON: LESSEES: C ent McDowell, Mawr 7 John W. Davis ATT T: Gloria D. Davis Di a avley- ock, City Clerk i 4. docks,boat lifts,and other structures could be damaged during this process. Lessee assumes all risks with said structures and hereby agrees to holdl the City harmless j from any and all damages caused thereto, if any,by the City's nalsing and lowering of the water levels of Canton Lake,or Lake Canton. D. Except as provided in this Addendum, the terms and pro�.'sions of the Lease shall remain unchanged and remain in full force and effect. In the event of any,inconsistency between the terns of the Lease and this Addendum,the terns and conditions in this Akddendum shall control. E. The forgoing Recitals of this Amendment are incorporated herein and made a part hereof. IN WITNESS WHEREOF,the parties have executed this,' '' �du .as of the Effective Date, CITY OF CANTON: LESSEES: Kent McDowell,Mayor oh W.Davi® ATTE� - .` ' Gloria D.Dav3ls Diana.Pavley-Rock,City Clerk WU U�0NA�NN� �NNU�U�NU�0kNU N �UN JENNIFER J 8ANKERT COUNTY CLERK & RECORDER FULT0H COUNTY, IL RECORDED ON 10/16/2020 09:51 AM RECORDING FEE 67.00 PAGES: 3 ADDENDUM TO CITY OF CANTON LAKESHORE LEASE This Addendum to City of Canton Lakeshore Lease ("Addendum") is entered into this 15'h day of September, 2020 ("Effective Date"), by and between the City of Canton, an Illinois municipal corporation(the "City"), and John W. Davis and Gloria D. Davis ("Lessees"). RECITALS WHEREAS, pursuant to Ordinance No. 4083 of the City of Canton, the City and Lessees entered into a certain City of Canton Lakeshore Lease (the "Lease") on or about July 18, 2017; and WHEREAS, Paraph 12(1) of the Lease provided that the Lessees shall "not extend any structure into the lake such 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. We will not install any separate structure such as a fence, post, etc, below the normal water surface." WHEREAS, pursuant to the request by the Lessees and Ordinance No. 4202, the City Council and Mayor of the City of Canton have determined that it is in the best interests of the City to modify the lease to allow for the Lessees to install a larger dock. NOW, THEREFORE., in consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows; A. Paragraph 12(1) of the Lease is amended and replaced in its entirety to state as follows: Not extend any structure into the lake, such as a dock, boat lift or any other structure, more than thirty-two feet (32') from the normal shoreline. Said structures shall contain lights to warn others (e.g boaters/swimmers) of its location after sunset. The "normal shoreline" is determined when the water level is even with the top of the spillway. Lessees further will not install any separate structure such as a fence,post, etc. below the normal water surface. All boats docked/stationed at the Lessees dock shall contain a license and boat sticker registered to Lessees. H. Paragraph 14(C) is added to the Lease to state as follows; (C) The City reserves the right to amend this Lease at any time, without the consent of the Lessees. C. Paragraph 14(D) is added to the Lease state as follows: (D)The City reserves the right at all times to raise and lower the water levels of the lake, in its sole discretion and as it deems appropriate. Lessees acknowledge that docks, boat lifts, and other structures could be damaged during this process. Lessee assumes all risks with said structures and hereby agrees to hold the City harmless from any and all damages caused thereto, if any, by the City's raising and lowering of the water levels of Canton Lake, or l,ake Canton. D. Except as provided in this Addendum, the terms and provisions of the Lease shall remain unchanged and remain in full force and effect. In the event of any inconsistency between the terms of the Lease and this Addendum,the terms and conditions in this Addendum shall control, E. The forgoing Recitals of this Amendment are incorporated herein and made a part hereof IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date. CITY OF CANTON: LESSEES: 4,A4 0 7 � ' NLtc�,, Kent eD well, May oh W. Davis A77*: Ct VA, kU� Gloria D. Davis Diana Pavley-Rock,City Clerk