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HomeMy WebLinkAboutOrdinance #3087 - lease of municipally owned real property; 24933 E. Old Beach RoadORDINANCE NO. 3087 ORDINANCE AUTHORIZING LEASE OF MUNICIPALLY OWNED REAL PROPERTY WHEREAS, the City of Canton owns the following described real property: Lot No. 7 of the Old Beach Addition to Lake Canton, Fulton County, Illinois. which property is generally located at 24933 E. Old Beach Road, Canton, Illinois, has P.I.N. No. 10- 09 -30- 206 -006 and is currently used as residential real property; and WHEREAS, the City Council of the City of Canton has determined that it is in the best interest of the City of Canton that it enter into a lease for municipally owned property and said lease is attached hereto as Exhibit A; and WHEREAS, pursuant to Section 11 -76 -2 of the Illinois Municipal Code, 65 ILCS 5/11- 76-2, notice has been given of the proposal to lease such real estate, said notice having first been published on November 28, 2014, and having been published at least once in the Canton Daily Ledger, a newspaper published in the county in which the municipality is located, not less than 15 nor more than 30 days before the date on which it is proposed to adopt this Ordinance; and WHEREAS, pursuant to said notice, this Ordinance was adopted at the regular meeting of the City Council held on December 16, 2014; and WHEREAS, the City Council finds and determines that the best interests of the City of Canton and its residents will be served by the approval of the above - referenced lease. 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 lease to Joseph and Julie Reith is hereby accepted by the City Council of the City of Canton for the lease of the following described real estate: Lot No. 7 of the Old Beach Addition to Lake Canton, Fulton County, Illinois. Commonly known as 24933 E. Old Beach Road, Canton, Illinois, has P.I.N. No. 10- 09-30- 206 -006 3. The Mayor is hereby authorized and directed to sign and the City Clerk is hereby authorized and directed to attest to LAKE LOT LEASE of the aforesaid real estate, which Lease shall be in the form attached hereto as Exhibit A. 4. The Mayor is hereby authorized and directed to enter into the aforesaid LAKE LOT LEASE and the City Clerk is hereby authorized to acknowledge and attest such LAKE LOT LEASE and to affix thereto the seal of the City of Canton. 5. The Mayor and the Clerk are hereby authorized, respectively, to execute and attest such other documents as may be necessary to the conveyance herein authorized. 6. 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 16th DAY OF December, 2014. AYES: Aldermen Ellis, Justin Nelson, Lovell, Hale, West, Putrich, Pickel, Jim Nelson NAYES: None ABSENT: None APPROVED THIS 16th DAY OF December, 2014. APPROVED: 4W4 Jeffrey A. M2<Mayor ATT Di a Pavley- oc , ivy Clerk JAMES I. NELSON COUNTY CLERK i RECORDER FULTON COUNTY, IL RECORDED ON 01/05/2015 10:17:32AN REC FEE: 61.00 PAGES: 5 CITY OF CANTON LAKESHORE LEASE The City of Canton, an Illinois municipal co oration ( "Ci ") makes this lease with me /us, Joseph and Julie Reith, as tenants, ( "Lessee ") on the a7 day of ct r , 2014. The City, as 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 and ultimately controls the land but leases under terms and conditions which will protect the lake. 1. DESCRIPTION: This lease to us is for the following real estate: Lot 7 in the Old Beach Addition to Lake Canton; situated in the County of Fulton and State of Illinois. 24933 E. Old Beach Road PIN # 10- 09- 30- 206 -006 2. TERM: The term of this lease shall be for a period of forty (40) 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 thirty-nine years and one day remaining on the term. 3. USE: We may use the leased property for our residence. We may not use the property for other uses or purposes and at all times we must protect the lake. 4. RENT: As rent we will pay to the City a sum of money representing ten percent (10 %) of the equalized assessed valuation of the land portion for real estate tax purposes. The assessed valuation from the Quadrennial Reassessment shall be used to make the calculation, thus rental rates will be readjusted as necessary every four years. Payment of rent shall be made in advance on or before the first day of May. 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: Notwithstanding the provisions of Paragraphs 12 hereof and in order to promote the leasing, care and improvement of the lake shore land, we may mortgage the leasehold hereby granted, together with all improvements now or by us 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 us or those claiming through or under us shall he 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 the like manner as we are required to do in the event the mortgagee should acquire title to the leasehold. 6. TAXES: We will pay all taxes and assessments on the leased property before they become delinquent. Failure to pay such taxes by their due date will result in the default of this lease. 7. UTILITIES: We understand that we are to pay all charges for water, garbage removal, electricity, gas or other service for our leased property. 8. RESIDENCE: We understand that we may use up to 80 x 100 feet of our leased area to build and then occupy one single family residence and appurtenances. We may not have more than one dwelling on our lot at any one time. Before we build anything on our lot, 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 shall obtain insurance in our own names on any improvements we make 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 certain lake level and will not be responsible for damage caused to our improvements or other property of ours by the action of the waters. 11. GENERAL REGULATIONS: We will: a. Keep our 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 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, we will connect to the sewer. In no instance will we allow sewage to enter the lake from our lot. c. Care for and protect from injury all shade and ornamental trees, shrubbery, and sod and we 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. Permit any of our lot 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 the general public from our lot and from that part of the lake within 25 feet of the shoreline of our 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 our family, our guests or any other person on our lot. g. Not permit on or near our 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 our lot; not will we keep on our lot any domestic livestock, poultry, or noisy or dangerous dog. i. Not do nor permit anything to be done or remain on our 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 our lot. k. Not use herbicides nor insecticides near the water of the lake nor anywhere rain may wash these chemicals into the lake except with the written permission of the Water Superintendent of the City. I. 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 further will not install any separate structure such as a fence, post, etc. below the normal water surface. 12. TRANSFER: We understand we may not assign or transfer this lease or any interest in it although we may mortgage our leasehold. Similarly the lease may not be transferred by a mortgagee, receiver, trustee in bankruptcy or other representative of us or our 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 us, our family, guests, and employees without written consent of the City. We understand that the annual rent may be adjusted upon transfer. Should we desire to assign or transfer this lease to any other person, we shall 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. VOLUNTARY CANCELLATION: We may surrender this lease if we have fully performed our 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 us six months written notice of its intention and paying us for the value of our improvements. If the City exercises its rights hereunder, it shall pay to us an amount equal to the value of the premises which shall not exceed the fair market value of the premises. In the event that we and the City 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 our 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 care for trees and other vegetation. (4) To construct, operate and maintain sewer, water and gas pipes, electrical 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 has been transferred other than in accordance with the provisions in paragraph 12. D. Upon termination, the City may without further demand or notice, enter and take possession of the premises and expel us 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. 16. PREFERENCE IN RE- LEASING: When this lease expires, or our heirs or devisees, if we are 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 describi re 1pte j� l.LL L1 t l� Joseph Reith Julie Reith 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 Joseph Reith and Julie Reith, 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. p► Y Given under my hand and notarial seal, this � / da of , 20 =00FR5AL =HECK No ublic Not M Co 247 STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON ) CITY OF CANTON, ILLINOIS DEPARTMENT OF LAKE DEVELOPMENT By: S 1 A0W.Z6n Je ' y r- or I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Jeffrey A. Fritz, Mayor and Diana Pavley -Rock, City Clerk, 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 % i c eif) & "t .201.( Notary Public Send tax notice to: Joseph and Julie Reith 24933 E. Old Beach Road Canton, IL 61520 This instrument prepared by and return to: City Attorney City of Canton 2 N. Main Street Canton, IL 61520 Telephone (309) 647 -2738 rwwwwww �K;INL s�Al NOTMY pt" • STATB Of ILLWW MI► COM�BION E�MIie :1010m1�