HomeMy WebLinkAbout#5123 RESOLUTION NO 5 I 23
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE MISSISSIPPI VALLEY REGIONAL
BLOOD CENTER AND THE CITY OF CANTON FOR RENTAL OF THE HISTORIC DEPOT
WHEREAS,the City of Canton owns the Canton Historic Depot located at 50 N. Fourth Avenue, and
WHEREAS, the southernmost room of the depot is available for rentals to the public for many uses,and
WHEREAS, the Mississippi Valley Regional Blood Center is in need of a location to hold their blood
drives
WHEREAS,the Historic Depot meets the needs required by the MVRBC, and
WHEREAS, the Historic Depot is rarely used in the middle of the week when requested by MVRBC, and
the regular rental of this space will not create conflict or issue, 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:
I. That the lease between MVRBC and the City of Canton shall be signed, and a fee schedule will be
determined that is acceptable to both parties per the recitals of the agreement.
2. That this Resolution shall be in full force and effect beginning November 7, 2017 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 7th day of November 2017
upon a roll call vote as follows:
AYES: Aldermen Justin Nelson,Angie Lingenfelter, Tad Putrich, Angie Hale,Craig West,John Lovell,
Chris Jump
NAYS: None
ABSENT: Alderman Ryan Mayhew
APPROVED:
ent McDoweH,..Mayor
ATTEST: a . i
Diana Pavley-Rock, City Clerk
CITY OF CANTON LEASE OF HISTORIC DEPOT,
50 NORTH FOURTH AVENUE, CANTON, ILLINOIS 61520
The City of Canton, an Illinois municipal corporation ("City" or "Lessor") makes this
lease with Mississippi Valley Regional Blood enter, a not for profit 501(c)(3) corporation, as
tenants, ("MVRBC"or"Lessee") on the (-5/, day of QC SC 2017.
WHEREAS, the City owns property located at 50 North Fourth Avenue, Canton, Illinois,
commonly known as"Historic Depot", and
WHEREAS, Lessee is a not for profit, 50i(c)(3) corporation. Lessee seeks space in
Canton,Illinois, out of which to conduct bi-monthly blood drives that are open to the public.
WHEREAS, Lessee desires to enter into a lease agreement with the City for Historic
Depot for two (2) days per month from January 1, 2018 through December 31, 2018. Said space
would provide Lessee an area to conduct its blood drives and would not interfere with the
business the City conducts out of the Historic Depot.
WHEREAS, the City's best interests are served by entering into a lease agreement with
Mississippi Valley Regional Blood Center that would allow the Mississippi Valley Regional
Blood Center to lease the Historic Depot for the sole purpose of conducting its bi-monthly blood
drives.
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 property: the
south room of the Historic Depot, 50 North Fourth Avenue, Canton, Illinois.
2. TERM: The term of this lease shall be for one (1) year commencing on January
1, 2018, and ending on December 31, 2018. This lease shall not automatically renew at the end
of the term. Either party may terminate said lease by giving the other party sixty (60) days
written notice of its intent to terminate said lease.
3. LEASE PRICE: The rent will be $25.00 per rental date payable in advance or
by the first of every month. If rent is not paid by the fifth (5's) of the month, a late fee of$5.00
per day shall be added to the monthly rent until the rent is brought current. Rent is not
refundable or pro-rated.
4. USE: Mississippi Valley Regional Blood Center may use the leased space for
conducting its blood drives. 'Che leased space shall be available on the dates outlined on Exhibit
A from 12:30 p.m. until 7:30 p.m.
5. UTILITIES: Rent shall include interact as well as water and electrical services.
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6. INSURANCE: Mississippi Valley Regional Blood Center may obtain insurance
in its own name to cover the contents of the leased space that are owned by Mississippi Valley
Regional Blood Center. The City will not be liable to any damage to the contents of the Leased
Property that are owned by Mississippi Valley Regional Blood Center. Additionally, Mississippi
Valley Regional Blood Center shall obtain liability insurance to cover its employees and guests
who use the Historic Depot for the purposes of this lease.
7. TRANSFER, ASSIGNMENT, MAINTENANCE: Mississippi Valley
Regional Blood Center 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.
Mississippi Valley Regional Blood Center cannot obtain a lien on Leased Property. Mississippi
Valley Regional Blood Center shall leave the Historic Depot in good, clean condition and shall
dispose of any garbage in leased property.
8. TERMINATION OF AGREEMENT: This Agreement shall terminate and be
of no value after December 3l, 2018.
9. NOTICES: Any notice, request, demand, waiver, consent, approval or other
communication which is required or permitted to be given to any party shall be in writing and
shall be deemed given only if delivered (or delivery is rejected) to the party personally or by
certified, return receipt requested U.S. mail, with postage and registration or certification fees
thereon prepaid, addressed to the party 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:
Mississippi Valley Regional Blood Center
5500 Lakeview Pkwy
Davenport, IA 52807
10. GOVERNING LAW; CONSENT TO JURISDICTION; SERVICE OF
PROCESS: This Agreement shall be governed by, and constnted in accordance with, the laws
of the State of Illinois.
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14. INDEMNITY: Mississippi Valley Regional Blood Center does hereby fully
RELEASE, REMISE and forever 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 Mississippi Valley Regional Blood Center may have
against said City, growing out of or original or arising out of any transaction, occurrence, event
or incident occurring at the leased Premises, 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 said office space 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: Mississippi Valley Regional Blood Center
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
Mississippi Valley Regional Blood Center sixty (60) days written notice of its intention.
Representatives of the City may come upon the leased property as follows:
(1) At any and all times for the purpose of inspecting.
(2) To operate and maintain sewer, water, and gas pipes as well as any other utilities.
(3)To do any other work necessary to maintain City Hall and its structures.
17. DEFAULT: Mississippi Valley Regional Blood Center understands that
the City may,at its option, terminate this lease:
A. If Mississippi Valley Regional Blood Center fails to perforin its duties under this
lease and fail to remedy the non-performance after sixty (60) days written notice from the City.
B. If Mississippi Valley Regional Blood Center fails to vacate at the end of the lease
term.
C. lithe 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 Mississippi Valley Regional Blood Center or anyone else
found there without being guilty of forcible entry of trespass and without liability for loss or
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Each of the parties hereby irrevocably and unconditionally submits, for itself and its
property for the commencement and determination of any cause of action arising out of this
agreement by the Ninth Judicial Circuit Court of Fulton County, Illinois, 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 the Ninth Judicial
Circuit, Fulton County, Illinois, to the fullest extent permitted by law. 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.
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.
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Exhibit A
The following are dates in 2018 for the Canton historic Depot to be rented by the Mississippi
Valley Regional Blood Center from ]2:30-7:30pm for the purpose of holding blood drives.
Wednesday, January 10
Wednesday, January 24
Wednesday, February 7
Wednesday, February 21
Wednesday, March 7
Wednesday, March 21
Wednesday, March 28
Wednesday, April 11
Wednesday, April 25
Wednesday, May 9
Wednesday, May 23
Wednesday, June 6
Wednesday, June 20
Wednesday, June 27
Wednesday, July 11
Wednesday, July 25
Wednesday, August 8
Wednesday, August 22
Wednesday, September 5 Wednesday, November 7
Wednesday, September 12 Wednesday, November 2]
Wednesday, September 26 Wednesday, December 54 r W}
Wednesday, October 10 Wednesday, December 12 �
Wednesday, October 24 Wednesday, December 26
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damage. All buildings and other improvements at the option of the City may become the City's
property in full settlement as liquidated damages.
CITY OF CANTON, ILLINOIS
By: I �� 1 i. _
e A./Mc I awe , ayor
Attest: / ' 7 '. . c
Diana 'a• -y-Rock,City Clerk
MISSISSIPPI VALLEY REGIONAL BLOOD CENTER
By:
)
Darren Klocke
STATE OF ILLINOIS, )
)SS.
COUNTY OF FULTON )
I, the undersi ned, a Notarypublic in and for said County in the State aforesaid, do
hereby certify that , 1 tc-c- n `CI e-_ 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 �c-'l I , 20 l2.
EMILY SHENK-DEMAY �,Oa _--
Notarial Seal-Iowa
Commission x 77571 ,,/ Notary Public
My Commission Expires tO���P'lty
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