HomeMy WebLinkAboutResolution # 3431RESOLUTION NO. 3431
A RESOLUTION APPROVING A LAKESHORE LEASE BETWEEN THE CITY
OF CANTON AND CANTON YOUTH ORGANIZATIONS A/K/A CANTON
YOUTH ACRES
WHEREAS, Legal and Ordinance Committee has determined that it is necessary
and in the best interest of the City of Canton that the attached Lakeshore Lease be
approved and entered into by the City of Canton; and,
WHEREAS, the Canton City Council has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CANTON, Fulton County, Illinois as follows:
1. That the Canton City Council hereby finds the foregoing recitals to be fact.
2. That the Lakeshore Lease, a copy of which is attached as Exhibit A, is hereby
approved by the Canton City Council and the Mayor and City Clerk are hereby directed to
execute and deliver the same 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, Fulton County, 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 August , 19 98 upon a roll call vote as follows:
AYES: Aldermen Molleck, Phillips, Sarff, Meade, Nidiffer, May,
Shores.
NAYS: None,
ABSENT: Alder~z Hartford.
APPROVED:
onald E. Edwards, Mayor
Attest:
Nan VVhi s, City Clerk.
(above this line for recordit-g purposes)
LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation ("City") -makes this lease
with our organization, Canton Youth Organizations a/k/a Canton Youth Acres, an Illinois
not for profit corporation, ("Lessee") on the day of , 1998. 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/us is for the following real estate:
Apart ofxhe southeast .quarter of Section Nineteen (19), also a part of file
Northeast quarter of the Southwest quarter of Section Nineteen (19), also
a part of the southeast Quarter, of xhe Northwest Quarter of gection
Nineteen (19), (of Orion), Township Seven North, Range Five East of the
Fourth Principal Meridian, Fulton bounty, Mate ~f Illinois -and more
particularly described as follows: Beginning at a stone at the center of
Section Ninteen l19), thence North _89 degrees -19 minutes Fast along .the
North line of the Southeast Quarter of Section Ninteen (19), for a distance
of 1726 feet; thence mouth for a distance of 141 feet; thence youth, b0
degrees West for a distance of 1368.3 feet to a concrete Monument; thence
South 60 degrees West fora _distance _of 1 b5.6 .feet to a concrete
monument, thence South, 60 degrees West to Point "A" at the water's edge
of Lake Canton, Again, beginning _at a stone at -the .center ~f .Section
Nineteen (19); thence South 60 degrees West for a distance of 651.7 feet
to a concrete mczum-ent; thence youth, b0 degrees Wcst to Point "B" at
the water's edge of Lake Canton; thence in a Southernly meandering
direction along the water's edge of Lake Canton to Point "A" noted above.
Again, beginning at a stone at the center of Section (19) Nineteen, thence
North 0 degrees 33 minutes East along .the East Line of the Northwest
Quarter of Section Nineteen (19) for a distance of 203.1 feet; thence South
89 degrees OS minutes West .for a distance of 40 .feet; thence South 0
degrees 33 minutes West for a distance of 226.2 feet more or less to Point
"C" on the line running frorxi the center .of Section Nineteen (19) to Point
"B" at the water's edge of Lake Canton; thence North 60 degrees East to
the Place of Begirming, .all of the above being- 73.42 acres xnc~re or less,
EXCEPT the subdivision known as "Lake Breeze Addition".
2. TERM: 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 _nineteen years and one Clay
remaining on the term.
3. USE: We may use the leased property for recreational purposes for youth
under its jurisdiction. We may .not use -the property for any other uses arpurposes .and at
all times we must protect the lake.
4. RENT: As rent our organization will pay to the City the sum of One Dollar per
year in advance on or .before the first day s~f 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 ofxent 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 additiop to any- other liens and remedies it may have at-law. At the flptis~n of the .City,
its lien may be enforced in equity or by distress or by foreclosure sale.
5. MORTGAGE: _The _leased _pI'oPerty _ shall _not _be ~nartgaged, -pledged , ~-
otherwise used as security by our organization.
6. TAXFrS: W~ will ~a_y all xaxes and _assessments ~.n xhe leased ~r_operty, if any,
before they become delinquent.
7. UTILITIES: We understand that we are to pay all charges for water, garbage
removal, glectricity, gas or other service for .the leased -prflperty.
8. BUILDINGS: Before we build anything on the lease premises, we 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 we build without approval,
the City may remove what we build and charge us for the removal. No one else's lien may
attach to any improvement built without the City's written approval.
9. INSURANCE: We understand that we may obtain insurance in our own name
on any improvements, however, the City will not be liable for damage to our property.
10. WATER LEVEL: It is understood that the City will not be responsible for
maintaining .any per-fain lake level and will not be responsible for damage caused to
improvements or other property of ours by the action of the waters.
11. GENERAL REGULATIONS: We will:
a. Keep the leased land neat and clean and free from noxious weeds and
debris. Also we will maintain the improvements in good repair.
b. Install and maintain such facilities for the disposal of sewage, solid or
liquid waste as rrray 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, we will connect to the sewer. In no instance will we allow
sewage to enter the lake from our property.
c. Care for and protect from injury all shade and ornamental trees,
shrubbery and .sod and we will nat remove trim, or Permit the removal or
trimming of any trees more than three inches in diameter without the
consent of the City.
d. We will not permit any of our property to be denuded of vegetation or
to be cultivated in such manner as to cause or permit soil erosion. Further
we agree to maintain the shoreline in good condition.
e. Exclude Lhe .general .public -from our property and from that part of the
lake within 25 feet of the shore line of our leased property. (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
the users of our leased property.
g. Not permit on or near our property 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 our property; nor will we .keep on our property any domestic
livestock, poultry or noisy or dangerous dog.
i. Not do nor permit anything to be done or remain on our property 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 inCltidinggrass ,linnin c leaves orlikematerial to
enter the 'lake from our property.
k. Not use -herbicides nor insecticides .near -the water of xl~e 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 -115') from .the normal shoreline. The
"normal shoreline" is determined when the water level is even with the top
of the spillway. Further wE will not install any separate structure such as a
fence, post, etc. below the normal water surface.
12. TRANSFER: Except as hereinafter provided under "SLII3lLEASING", we
understand we may not assign or transfer this lease or any interest in it. Similarly the lease
may not be transferred by a receiver, trustee in bankruptcy or other representative of our
organization 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.
13. VOLUNTARY CANCELLATION: We may surrender this lease if we have
fully performed the duties and thus be relieved of any further obligation under it.
14. RESERVED RIGHTS OF CITY:
A. We understand that if the City requires exclusive use of the leased
property for any public purpose which is inconsistent with our occupancy of it, the City
may terminate this lease by giving six months written notice of its intention and paying for
the value of improvements. Should we not be able to agree on value, we 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 the 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. DEFAULT: We understand that the City may, at its option terminate this
lease:
A. If we fail to perform our duties under this lease and fail to remedy the
non performance after sixty (60) days written notice from the City.
B. If we fail to vacate at the end of the lease term.
C. If the lease or any part thereof has been transferred other than in
accordance with the provisions in paragraph 12 or those under "SUBLEASING"
(Paragraph 16).
D. Upon termination, the City may without further demand or notice,
enter and take possession of the premises and expel anyone 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.
16. SUBLEASING: As Lessee we understand that we may not sublease any of
the leased property except as .provided in this paragraph of the lease. The only leased
property which we may sublease is that which is located between the shoreline of the lake
and Lots 1 through 9 ofDal Bar subdivision. All subleases shall contain language to this
effect: "Uwe understand that we shall be allowed to construct boat docks and boat houses
as approved by the .sublessor (Canton Youth Acres). All boat houses shall be of
temporary construction. No permanent buildings may be constructed in the area and as
sublessee I/we shall keep the area clean .and free of debris to the satisfaction of Canton
Youth Acres. Uwe understand that subleased area may not be used in any manner for
commercial use or monetary gain." Subleases shall generally be in the form attached to
this lease as "Exhibit A".
CITY OF CANTON, ILLINOIS
DEPARTMENT OF LAKE DEVELOPMENT
By:
Donald E, Edwards, Mayar
Attest:
Nancy Whites, City Clerk
James Hartford, Chairman Lake Development
Canton Youth Organizations a/k1a Canton Youth
Acres, an Illinois not for profit corporation,
Attest:
By:
President
Secretary
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
James Hartford, 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 Public.
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 ,and
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 _Canton Youth Organizations, alk/a Canton Youth Acres,
for the uses and purposes therein set forth, pursuant to due authority conferred by its
organization.
Given under my hand and notarial seal, this day of
19
Notary Public.
LEASE AGREEMENT
Youth Acres Board of Directors (known as Lessor herein) agree to sublease Youth Acre's lakefront water
right for the area of water bordering the Lessee's (leased) real estate property at Canton Lake Canton IL
to ~C`f1A ~lqn/6rc~ (and)
for the 12 month period from
(known as Lessees herein), for the sum of $100
May 1, 1998 through May 1, 1999.
By execution of this lease agreement, Youth Acres Board of Directors assumes no liability for damages, or injuries which occur in the
area of water adjoining the Lessee's property, which may arise during this lease period as a result of the Lessee's, or their guests' use of
the water area, nor that of strangers to either party who may use the water area, with or without the consent of the Lessee or Lessor,
other than as ordained by laws of the State of Illinois.
Further, the Lessee agrees to maintain the water area in an environmentally responsible manner. No items or solutions composed of
toxic chemicals, petroleum products, solid wastes, metals, rubber, wood (other than for construction purposes), fiberglass, plastics,
asbestos, or other environmentally harmful items ccmtaining such materials or compounds, may be placed in the water area. No trash,
refuse, tree limbs/trunks, lawn mulch, sunken water craft, abandoned machinery or conveyances may be discarded in the water area.
The Lessee assumes responsibility for the clean-up of pollutants, debris or conveyances deposited into the water by the Lessee or the
general public, as mandated by law.
The water area may not be used for any commercial purpose to conduct a business of any nature. The water area may not be developed
or built upon without the consent of the Lessor, other than for the construction of a wooden boat dock, which is easily removable to dry
land without the use ofextra-ordinary means or equipment. Should the lease be terrrrinated at the Lessor's or Lessee's discretion, any
valuable construction in the water may become the property of the Lessor, at the Lessor's discretion, should the property not be removed
after 60 days of the cessation of winter weather, andlor notification to remove such at other times of the year. All other mobile property
of the Lessee's must be removed from the water within 30 days of temunation of the lease by the Lessee, or the Lessee assumes financial
responsibility for removal of property deemed undesirable or unwanted by the Lessor. Any such object or construction on the adjoining
shoreline which may pose a risk of liability, pollution or public nuisance to the water arts, must also be removed from the vicinity of the
water at the Lessee's expense.
Should the lease be terminated by either party, then the Lessee gives up all rights to use the water area in any manner. The following
actions will be considered trespassing upon cessation of the lease: swimming in the water area, the launching/removal, or
embarking/disembarking to or from any water craft into the water area; storage or parking of water craft at any time.
Further, the Lessor reserves the right to terminate the lease within the lease period for any reason, pro-rating the return of monies paid by
the Lessee before scheduled termination of the lease. Reasonable time will be accorded, as per the preceding terms, t'or the Lessee to
remove their personal property. Lease will be automatically renewable, with payment due May I of the following year, unless prior
written notification is given by either party to the other party.
Should the lease be canceled by the Lessee, the Lessee forfeits all monies paid in advance to the Lessor. The Lessee may extend this
lease to a party purchasing their real property on the land that adjoins the area of water being leased. The Lessor is not entitled to pro-
rate the rent monies already paid to it by the Lessee in the event of such a sale. The Lessor assumes no responsibility, nor liability
resulting from the misrepresentation of this lease to the new Lessee by the original Lessee. All terms and conditions of this lease are
binding upon the transfer/re-assignment of the lease to a new Lessee by the previous Lessee.
The following parties agree to the terms of this Lease, this day of 1998:
Lessee
,/'
Authorized Agent M` Youth Acres Board of Directors
Lessee