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HomeMy WebLinkAboutResolution #5355 - lease agreement between fulton county court services and directing the mayor and clerk to execute and deliver said agreement i RESOLUTION NO 5355 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, the City Council 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 (the"Lease Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the Lease Agreement, substantially in the form as 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 Lease Agreement on behalf of the City of Canton. The City Attorney is authorized to revise the Lease Agreement to accomplish the foregoing, provided said revisions do not substantively and materially alter the terms contained therein. 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 2nd day of February, 2022, upon a roll call vote as follows: AYES: Alderperson Justin Nelson, John Lovell, Craig West,Angela Hale,Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: Alderperson Andra Chamberlin,Jeff Fritz ABSTAIN: None APP OVED:ki� 4, d A ' \kj�V vv Kent A. McDowell, ayor ATTES 6 Diana Pavley-Rock, City Clerk i EXHIBIT A LEASE AGREEMENT between the CITY OF CANTON,ILLINOIS and FULTON COUNTY COURT SERVICES Dated as of February , 2022 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") makes this lease with Fulton County Court Services, as tenants, ("County" or 'Lessee"), effective February , 2022. 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 an agency of the Ninth Judicial Circuit of the State of Illinois 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 (Room No. ) (the "Leased Property"). 2. TERM: The term of this lease shall be for one (1) year commencing on February 1, 2022, and ending on January 31, 2023. 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. In addition to the foregoing, the parties acknowledge that the County owes past due rent from March 1, 2020 to present under a prior lease agreement. Due to the closure of the City Hall from approximately March 17, 2020 to June 1, 2021 (related to the COVID-19 pandemic),the parties agree that County shall pay the City $4,275.00 (June 1, 2021-February 28, 2022) as past due rent within thirty (30) days of the execution of this Agreement. 4. USE: County may use the Leased Property for conducting its probationary business and general office business. In the event it is necessary for the County's clients to wait outside of the office space described above, the County will instruct its clients to use the waiting area on the east side of City Hall and they shall remain in the east side waiting area during Page 1 of 5 their time at City Hall. Disruptive or destructive behavior in the waiting area will not be tolerated, and the City reserves the right to order any persons to leave the premises. County shall be responsible for repairing any and all damage caused by its clients or employees during their use of the waiting area. County will instruct its clients that City staff is not involved in County's services and cannot answer questions regarding County's services nor perform services on behalf of the County. 5. UTILITIES: Rent shall include internet and phone service, as well as water and electrical services. Lessee shall be responsible for all other utilities affected the Lease Property. 6. INSURANCE: County may obtain insurance in its own name to cover the contents of the leased space. The City shall 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 further effect as of January 31, 2023. This Agreement may be terminated upon sixty (60) days' written notice to the other parry 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 parry shall be in writing and shall be deemed given only if delivered (or delivery is rejected) to the parry personally or by certified, return receipt requested U.S. mail, with postage and registration or certification fees thereon prepaid,addressed to the parry 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 Mary Davis Home 1319 E. Fifth Street Galesburg,IL 61401 Page 2 of 5 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. Page 3 of 5 14. INDEMNITY: County does hereby fully RELEASE, REMISE, and 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 Property, 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 the Leased Property 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: a. At any and all times for the purpose of inspecting. b. To operate and maintain sewer,water, and gas pipes as well as any other utilities. c. To do any other work necessary to maintain City Hall and its structures. 17. DEFAULT: Lessee understands that the City may, at its option,terminate this lease: a. If Lessee fails to perform its duties under this lease and fails to remedy the non-performance after sixty (60) days written notice from the City. b. If Lessee fails to vacate at the end ofthe lease term. c. If this lease has been transferred other than in accordance with the provisions in paragraph 12. 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. Page 4 of 5 CITY OF CANTON,I='M By: Lu'j 'd� Kn.M &, a r Attest: Diana Pavley- oc , City Clerk STATE OF ILLINOIS ) COUNTY OF FULTON ) SS. 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 , 2022. Notary Public FULTON COUNTY COURT SERVICES By: Hon. David Vancil Chief Judge of the Ninth Judicial Circuit of Illinois STATE OF ILLINOIS ) COUNTY OF ) SS. I,the undersigned, allotary 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 , 2022. Notary Public Page 5 of 5 the Lessor for any and all amounts due and owing to the Lessor hereunder. Lessor shall be entitled to all available remedies at law or in equity in the enforcement of the terms of this Lease. Lessee shall remain liable for all payments which it is obligated to make hereunder and all other expenses and charges incident to the Lease and/or its enforcement and/or such repossession or reletting, including, but not limited to, reasonable attorney's fees, court costs, expert witness expenses and all other reasonable costs of suit thereon, less the amounts realized from any such reletting. The failure of the Lessor to insist upon strict performance of any one or more occasion shall not be deemed a waiver of the Lessor's right to demand strict performance thereafter of each and every covenant contained in this Lease. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year first above written. CITY OF CANTON,ILLINOIS est: By; �J� Kent A.McDowell,Mayor Diana Pavley-Rock, City Clerk STATE OF ILLINOIS ) COUNTY OF FULTON ) SS. 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. n0� Given under my hand and notarial seal,this day of -It.1� , 2022. )hkjj, r. - f Not ublic FULTO COUNTY COURT SERVICES OFFICIAL SEAL CAROL E KOHLER B NOTARY PUBLIC-STATE OF ILLINOIS Bridget Pletz, Direc Court Services MY COMMISSION EXPIRES:10I02122 ` Ninth Judicial Circuit of Illinois STATE OF ILL OIS Y, ) COUNTOF 1�)) SS. I,the undersigned, allotary 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 2022. Notary Public OFFICIAL SEAL Page 5 of 5 'KRISTEN M WEIGAND NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:02/25/23