HomeMy WebLinkAboutResolution #3618RESOLUTION NO. 3618
A RESOLUTION ADOPTING ATTACHED LAKESHORE LEASE
WHEREAS, the Legal & 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 a copy of which is hereto attached as Exhibit "A"; and,
WHEREAS, the Canton City Council has made a similar determination; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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,
2. That this Resolution shall be in full force and effective
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, Fulton County, Illinois at a
regular meeting this 4th day of Jame , 2002 upon a roll call vote as
follows:
AYES: Aldermen Fillingham, Shores, Meade, Cax1, West, Sarff, Hartford,
Molleck.
NAYS: ~o~,
ABSENT: None
Attest:
~ ~
ancy Whites City Clerk
Approved:
e M. Bohler, ayor
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(above this line for recording purposes)
LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation ("City") makes this lease with
me/us NAMES OF BUYERS, ("Lessee") on the _ day of 20_
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 injury 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 is for the following real estate:
Lot Number Two (2) in NORTHSHORE ADDITION, Orion Township,
Fulton County, State of Illinois:
911 Address 24510 E. North Lakeshore Drive.
2. TERM: The term of this lease shall be for a period of thirty (30) 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 twenty-nine years and one day remaining on
the term.
3. USE: I may use the leased property for my residence. I may not use the
property for other uses or purposes and at all times I must protect the lake.
4. RENT: As rent I will pay to the City the sum ORIGINAL PLUS $75.00 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 on to mechanic's
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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: Notwithstanding the provisions of Paragraphs 10 and 18 hereof and
in order to promote the leasing, care and improvement of the lake shore land, the Custodian may
mortgage the leasehold hereby granted, together with all improvements of the Custodian now or
hereafter on the leased premises, and the mortgagee and assigns may cause this lease and such
mortgage or either of them to be filed for record in the Recorder's Office of said County and
enforce said mortgage and acquire title to the leasehold and such improvements in any lawful
way and rent the property pending foreclosure and acquisition and disposal of title, and the
mortgagee or assigns may sell and assign said leasehold and improvements. No default or action
by the Custodian or those claiming through or under the Custodian shall be effective as against
the mortgagee or the mortgagee's assigns, unless the mortgagee or the mortgagee's assigns fail
to pay, or cause to be paid, within thirty (30) days after being served with written notice thereof,
any delinquent taxes on the leasehold or improvements thereon, or sums then owing to the City
under said lease. The mortgagee and assigns shall comply with the provisions of the lease in like
manner as the original Custodian is required to do in the event the mortgagee should acquire title
to the leasehold.
6. TAXES: I will pay all taxes and assessments on the leased property before
they become delinquent.
7. UTILITIES: 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. INSURANCE: 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 REGULATIONS: 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.
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c Caze 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 shoreline 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. Not use
or permit the premises to be used for any immoral or illegal purposes.
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.
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 neaz 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.
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 fiurther will not install any separate structure such as a
fence, post, etc. below the normal water surface.
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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 may 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 prepazed by
the City and the new lease, when signed is filed with the City.
13. VOLUNTARY CANCELLATION: I may surrender this lease if I have
fully performed my duties and thus be relieved of any further obligation under it.
14. 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. If the City exercises its rights hereunder, it shall pay to the Custodian an amount
equal to the value of the premises which shall not exceed the fair market value of the premises,
In the event that the City and Custodian cannot agree as to the fair market value of the premises,
each shall select a qualified professional real estate appraiser, and the appraisers so selected shall
select a third qualified professional real estate appraiser, and the fair market value of the
premises shall be the average of the highest and lowest appraisals submitted by these three
appraisers.
B. Representatives of the City may come upon my leased property as follows:
(1) At any and all times for the purpose of inspecting.
(2) At any time to gain needed access to other land.
(3) To plant and caze 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. 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 pazagraph 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.
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16. 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:
Jerry M. Bohler, Mayor
Attest:
Nancy Whites, City Clerk
Les Carl, Chairman Lake Development
(Lessee) NAME
(Lessee) NAME
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 Jerry M. Bohler, Mayor and Nancy Whites, City Clerk, and Les Carl,
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 , 20_
Notary Public
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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 NAMES OF BUYERS personally known to me to be the same persons
whose names aze subscribed to the foregoing instrument, appeazed before me this day in person
and severally acknowledged that they signed, sealed and delivered the said instrument as their
free and voluntazy act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this _ day of , 20_
Notary Public.
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