HomeMy WebLinkAboutResolution #5059 RESOLUTION NO 5059
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN AMEREN
ILLINOIS 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, Ameren Illinois is looking for a location to temporarily store its equipment
and materials while working in Fulton County and contacted the City about a possible site;and
WHEREAS,the City currently has open space on its property at the former International
Harvester site; and
WHEREAS,the City has the authority to enter into a lease for said property pursuant to
65 ILCS 11-76-1 of the Illinois Municipal Code if that lease is does not exceed a term of two (2)
years; and
WHEREAS, the Legal & Ordinance Committee of the City of Canton has determined
that based on the availability of property located at the southern side of the former International
Harvester site, north of Third Avenue and the ability to bring in additional revenue to the City, it
is necessary and in the best interests of the City of Canton to enter into a lease agreement with
Ameren Illinois as set forth in Exhibit"A"attached hereto and incorporated herein; and
WHEREAS,the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayor, or his designee, and City Clerk of the City of Canton, Illinois are hereby
authorized and directed to execute said Agreement 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, Illinois and approval by the Mayor thereof, or his
designee.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16th day of
August,2016, upon a roll call vote as follows:
NLR Documents/Resolution
08/12/2016
AYES: Alderman Craig West, Tad Putrich, Jim Nelson, Ryan Mayhew, Angela Hale,
Gerald Ellis, John Lovell, Justin Nelson
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED:
l 'y , Mayor
ATT'
A /. .
Di..-a Pavley-rock, City erk
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NLR Documents/Resolution
08/12/2016
Agreerrob1- !�
Pric—zoccoo —11053
MATERIAL ST //ORAGE LEASE
THIS LEASE, Made and entered into this Lfi'day of &lid , 20 /4 , by and
between THE CITY OF CANTON, as Lessor,and AMEREN ILLINOIS COMPANY d/b/a AMEREN ILLINOIS
as Lessee.
WITNESSETH:
That the said Lessor hereby leases to Lessee a portion of the Premises situated in the County of
Fulton and State of Illinois, as described in Document Number 10968 recorded in the Fulton County,
Illinois, Recorder's Office (hereinafter the "Premises") upon and subject to the covenants, terms and
conditions hereinafter set out
The portion of the Premises being leased is approximately One Hundred and Fifty (150)feet wide
by Three Hundred and Fifty (350) feet long, as designated "Area 1', and One Hundred and Seventy Five
(175) feet wide by Two Hundred and Fifty (250) feet long, as designated as, "Area 2', for a total of 2.2
acres and Is more particularly described and is shown hachured on Exhibit"A", attached hereto and made a
part hereof.
1. USE OF PREMISES. The Premises shall be used for such purposes consistent with the
construction and maintenance of a utility and transmission tine, which may include but is not limited to,
storing wood and steel poles, reels of wire, insulator crates, framing material and other miscellaneous line
materials including line trucks, trailers and equipment for construction of a utility distribution and
transmission line. Lessee shall have rights incidental to its use of the Premises for said purpose, including
without limitation to put down gravel on the Premises.
2. TERM. The Term of this Lease shall be for Five (5) months and commence August 1, 2016,
and extend to and Including December 31, 2016,with an option for Lessee to extend the Lease on a month
to month basis for a Six (6) month period. Lessee shall give written notice of exercising the option no later
than thirty(30)days before the end of the initial term.
3. RENTAL. Rental for the Premises shall be One Thousand and No/1001"' Dollars ($1,000.00)
for the above Five (5) month term with Five Thousand and No/100th' Dollars ($5,000.00) payable upon
delivery to Lessor of a fully executed counterpart of this Lease and Zero and No/100'" Dollars ($0.00)
payable an the first day of each month thereafter until the end of the term. If Lessee decides to exercise its
-1 -
Rev.06/13/2014
option of extending the Lease for a Six(6)month term, rental shall be One Thousand and No/100th'Dollars
($1,000.00)per month payable on the first day of each month until the end of the Six(6)month term.
4, AQcESS. Lessee shall have Access to the Premises by means of existing public roads and
private drive on and across the Premises. Lessee shall also have access to enter Premises through
existing gates.
5. SECVRITY. Lessor shall maintain the existing fence and gates along the Road border of the
Premises except for any fencing or gates which are damaged by Lessee, its agents or contractors; all such
repairs or maintenance due to such cause to be made at Lessee's expense. Lessor agrees to share
chain(s)on said gates for the purpose of Lessee securing said gates with its locks. If Lessee desires further
security on the Premises it shall consult with Lessor. Lessor shall not unreasonably withhold or delay its
approval. Any additional security shall be at Lessee's expense.
6. SURRENDER OF PREMISES. At or before the expiration of the Term, Lessee shall surrender
the Premises, having first removed all materials and equipment, debris, trash, (and gravel, only if requested
by Lessor)from the Premises,and then restore said Premises as nearly as practicable to its condition prior
to Lessee's use.
7. QUIET POSSESSION. Lessor hereby covenants not to disturb the Quiet Possession of
Lessee of the above Premises for the term herein provided.
8. PERMITS. It is the responsibility of the Lessee to obtain any governmental permits that may be
required because of Lessee's use of the Premises,
9. TERMINATION. Lessee reserves the right to terminate this Lease for any reason upon
giving thirty (30) days'written notice. Within thirty (30) days of providing notice, Lessee will completely
vacate the Premises, and upon vacation of the premises, Lessee shall have no further right of access or
use of the Premises pursuant to this Lease, and this Lease shall terminate.
10. ENTIRE AGREEMENT. This Lease supersedes any prior understanding, negotiations, or
agreements between the parties respecting the lease of the Premises and contains the entire agreement
between the parties with respect to the subject matter hereof. No modification of this Lease shall be
effective unless it shall be in writing, signed by the parties subsequent to the last date appearing beneath
their signatures below.
-2-
Rev.O5/13/2014
11. MEMORANDUM OF LEASE. If so requested by Lessee, Lessor shall execute a Memorandum
of Lease in recordable form.
IN WITNESS WHEREOF, the parties have executed this instrument In two (2) counterparts as of
the date set out beneath their respective signatures, on behalf of themselves, their respective successors
and assigns.
LESSOR:
THE CITY OF CANTON
By: dialfrice(0
Name: 0-45r, il-is Z
Title: s
LESSEE:
AMEREN ILLINOIS COMPANY
d/b/a AMEREN ILLINOIS
Olk
Dennis W. Weisenborn, Vice President
Volkert, Inc.
08/15/16
-3-
Rev.05113/2014
I
EXHIBIT "A"
Legal Description
A tract of land located in a a part of the Southeast Quarter of Section 27, Township 7 North, Range 4 East and the NE Quarter
of Section 34,Township 7 North, Range 4 East of the Third Principal Meridian, County of Fulton, State of Illinois, the location is
generally and as nearly practicable, shown on the drawing below, hereto attached and made part of hereof. The boundaries of
said area shall be established as they are initially constructed.
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• VICINITY MAP
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,»,111.110. TOTAL
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LOCATION MAP
EXHIBIT CANTON SOUTH-IPAVA SOUTH 1-366 LINE
LAYDOWN YARD LOCATION DATE: 08/12/16
CANTON, FULTON COUNTY, ILLINOIS
VOLKERT �Une>ren g
NOT TO SCALE
Material Storage Lease being approximately 2.20 acres tor the Canton S.-Ipava S. project in
Fulton County, IL. The lease is a 5 month lease with a six (6) month lease extension option at
market value.
Approved: Operations/Engineering
Bob Simmons, CS approved via e-mail 8/18/2016
L Nallerberjr, iiP_EQ.Y.tici Yjtt .e/10120
Approved: Real Estate
r . . Ji/,
Approved: Re. Legal Form and Regulatory Bodies
STATE OF ILLINOIS
ILLINOIS LABOR RELATIONS BOARD
STATE PANEL
City of Canton,
Employer
and Case No. S-UC-(S)-17-006
American Federation of State, County and
Municipal Employees, Council 31,
Labor Organization
CERTIFICATION OF UNIT CLARIFICATION
The Employer having posted Notice to all employees in the existing bargaining unit and in positions
affected by the proposed clarification, advising said employees of the intention to INCLUDE in the
existing S-UC-14-032 bargaining unit, the following newly-created title:
Administrative Operations Coordinator
That no interested parties have filed objections with the Illinois Labor Relations Board pursuant to the
applicable Rules and Regulations promulgated by the lllinois Labor Relations Board; and the parties
and the Illinois Labor Relations Board being satisfied that the clarification is consistent with the
Illinois Public Labor Relations Act, the Illinois Labor Relations Board HEREBY CERTIFIES that the
revisions referenced above have been made to the bargaining unit now described as follows:
Included: All employees of the City of Canton in the following titles: Building and Grounds
Custodial; Laborer; Truck Driver; Plant Operator without license; Meter Reader; Maintenance
Man; Heavy Equipment Operator; Technician; Welder; Plant Operator Class DIN; Plant
Operator Class C/III; Plant Operator Class B/II; Plant Operator Class A/I; Sexton employed at
Greenwood Cemetery; Administrative Operations Coordinator; all clerical employees
specifically including Billing Clerk employed at the Water Department; Secretary employed at
Police Department and Secretary employed at Fire Department and Secretary employed at
Public Works Department.
Excluded: All other employees of the City of Canton including Deputy City Clerk, all
professional and confidential employees, including the Mayor's Secretary, all managerial
employees and supervisors within the meaning of the Illinois Public Labor Relations Act.
Issued at Springfield, Illinois, this 8th day of September, 2016.
STATE OF ILLINOIS
ILLINOIS LABOR RELATIONS BOARD
STATE PANEL
Melissa Mlynski, E ecutive Director
STATE OF ILLINOIS
ILLINOIS LABOR RELATIONS BOARD
STATE PANEL
City of Canton,
Employer
and Case No. S-UC-(S)-17-006
American Federation of State, County and
Municipal Employees, Council 31,
Labor Organization
DATE OF
MAILING: September 8, 2016
AFFIDAVIT OF SERVICE
I, Olivia Campbell, on oath, state that I have served the attached CERTIFICATION OF UNIT
CLARIFICATION issued in the above-captioned case on each of the parties listed herein below by
depositing, before 1:30 p.m., on the date listed above, copies thereof in the United States mail pickup
at One Natural Resources Way, Lower Level Mail Room, Springfield, Illinois, addressed as indicated
and with postage prepaid for first class mail.
Nancy L. Rabel
City of Canton
2 North Main Street
Canton, IL 61520-2519
Randy Lynch
AFSCME Council 31
615 S. Second St., Box 2328
Springfield, IL 62705-2328
Olivia Campbell
SUBSCRIBED and SWORN to
before me, September 8, 2016
e Notary Public•Sob
1mH
NOTARY PUBLIC