HomeMy WebLinkAboutResolution #3219
RESOLIITION N0. 3219
A RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF CANTON AND
STEPHEN L. BREESE AND BONNIE BREESE AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND DELIVER SAID LEASE ON BEHALF OF THE CITY
OF CANTON, ILLINOIS.
WHEREAS, the Legal and Ordinance Committee of the Canton
City Council has determined that it is desirable and in the best
interest of the City of Canton to approve a lease between the City
of Canton and Stephen L. Breese and Bonnie Breese; and,
WHEREAS, the City Council of the City of Canton has reviewed
the terms and conditions of the proposed lease, a copy of which is
attached hereto and made a part hereof as Exhibit "A"; 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 lease between the City of Canton and Stephen L.
Breese and Bonnie Breese, which is attached hereto and made a part
hereof as Exhibit "A", is hereby approved, said lease to be
subject to and effective pursuant to the terms and conditions
therein set forth.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver said lease 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 19th day of April,
1994, upon a roll call vote as follows:
AYES: Aldermen Chapman, May, Meade, Sarff, Phillips, Molleck,
Coay,
NAYS: None.
ABSENT: Alderman Bohlen,
APPROVED:
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Donald E. Edwards, Mayor
ATTESt:
r
an y i s, City Clerk.
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L B A 3 S
THIS INDENTIIRE of lease made and entered into this
day of , 1991 by and between the CITY OF CANTON,
ILLINOIS an Illinois Municipal Corporation, hereinafter called
LANDLORD, and STEPHEN L. BREESE AND BONNIE BREESE, of the City of
Canton, County of Fulton and State of Illinois, hereinafter called
TENANT, WITNESSETH:
THE PARTIES AGREE AS FOLLOWS:
1. CONDITIONS: Itt is mutually agreed between the parties
hereto that the conditions hereinafter set forth are CONDITIONS,
the breach or violation of which shall, at election of Landlord,
void this Lease.
2. DESCRIPTION OF PREMISES: The subject matter of this
Lease is the following described realty:
A part of Hipple Court in the City of Canton, Fulton County,
Illinois, described as follows, to-wit: Commencing at the
Southeast corner of Lot 6 in Block 7 in Fairview Heights
Addition to the City of Canton, thence Northerly along the
East line of said Lot 6, 125.0 feet; thence Easterly 10.0
feet to a point lying 10.0 feet East and 38.5 feet South of
the Northeast corner of said Lot 6; thence Southerly along a
line parallel to the East line of said Lot 6, 125.0 feet to a
point 10.0 feet East of the Southeast corner of said Lot 6;
thence Westerly 10.0 feet to the Southeast corner of said Lot
6, also being the point of beginning. Said tract contains
0.029 acres more or less.
3. LEASING: Landlord, in consideration of the covenants,
agreements and rents to be kept, performed and paid by tenant, as
hereinafter set forth, has leased and by these presents does
hereby lease to tenant the real estate above described to be used
by tenant solely as an extension of his lot in order to maintain
his garage thereon. Tenants failure to place the demised
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premises into said use within 180 days of the date of this lease
shall, by operation of law, automatically terminate this lease and
Landlord shall have the right to effect entry upon and retain
exclusive possession of the demised premises.
4. TERM OF LEASE: The term of this least is for 25 years
beginning April , 1994 and ending April , 2019.
5. RENT TO BE PAID: Tenant hereby agrees to pay to
landlord as rent, in advance, the sum of One Dollar ($1.00) per
annum for the lease term herein.
6. GENERAL: Tenant agrees as follows:
a. To use said premises to maintain a part of his
garage thereon only and to keep same, at Tenant's sole expense, in
a state of good repair and cleanliness.
b. To not allow any other structure or building to be
built on or placed on the demised premises other than the garage.
c. To not assert any lien, or, claim of lien against
the demised premises, or, against Landlord by reason of
improvements made to the demised premises by Tenant, by reason of
services provided to the demised premises by Tenant, or, for any
other reason.
d. That Landlord has reserved unto itself and to the
public an easement in and to the demised premises for such current
or future purposes as the Landlord, in its sole and exclusive
opinion, might deem expedient and in the best interest of the City
of Canton, or, the public. Tenant agrees that such easement
exists, is recognized by Tenant, and that Tenant shall not be paid
any consideration for such easement.
e. To carry public liability insurance in th a amount
of $300,000.00 or a greater amount, if the City Council of Canton,
Illinois deems it necessary to cover any person or persons who
might be damaged due to the negligence or fault of the tenant.
That said insurance policy or policies shall name the City of
canton, Illinois, as co-insured and a copy of all insurance
policies or a certificate showing such insurance in effect shall
be filed with the City Clerk of the City of Canton, Illinois.
f. To hold landlord harmless in event any person is
killed or injured or property is damaged on said premises or on
adjacent premises where such death, injury or damage is occasioned
by reason of the activities of tenant.
g. To pay all taxes which may be legally assessed
against said premises when due.
7. NONASSIGNABILITY. It is mutually agreed as a condition
to this lease that tenant may not assign or sublet this lease and
that any attempt to do so will void this lease.
8. RIGHT OF RE-ENTRY: The landlord reserves the right,
through its officers or employees, to
time to inspect the same to see that
this lease have been complied with or
premises that is in any way necessary
the activities of the landlord or for
interest whatsoever of landlord.
enter said premises at any
the terms and provisions of
to do anything on said
or desirable for promoting
any other purposes of
9. CANCELLATION: Either landlord or tenant may
unilaterally cancel this lease by giving the other party at least
twelve (12) months written notice prior to the effective date of
the cancellation. Also, the landlord may unilaterally cancel this
lease in any emergency situation so determined by the Canton City
Council by giving the tenant thirty (30) days written notice.
E%ECIITED IN DIIPLICATE THIS DAY OF ,
1994.
CITY OF CANTON, an Illinois municipal
corporation,
By•
• Its Mayor - Landlord
ATTEST:
City Clerk
Stephen L. Breese, Tenant Bonnie Breese, Tenant.
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EXHIBIT
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ORD. N0. _.____
DATE= 03-31-94
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