HomeMy WebLinkAbout#4151 Authorizing Leases of Municipally Owned Real Property CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR
THE CITY OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A
REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE
CITY OF CANTON ON THE 2'D DAY OF JULY,2019 ADOPTED ORDINANCE
NO. 4151 A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS
PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 2'D DAY OF JULY, 2019.
(SEAL)
DIANA PAVLEY-ROCK
CITY CLERK
CITY OF CANTON
ORDINANCE NO 4151
AN ORDINANCE AUTHORIZING LEASES OF MUNICIPALLY OWNED REAL
PROPERTY
PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON THE 2ND DAY OF JULY,
2019
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE
CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 2ND DAY OF JULY, 2019
EFFECTIVE: JULY 2, 2019
ORDINANCE NO. 4151
ORDINANCE AUTHORIZING LEASES OF MUNICIPALLY
OWNED REAL PROPERTY
WHEREAS, the City of Canton owns the following described real property:
Lots No. 03 and 04 of the Northshore Addition to Lake Canton, Fulton County, Illinois.
which property is generally located at 24516 E. Northshore Drive, Canton, Illinois, has P.I.N.
No. 10-09-19-101-003 and 10-09-19-101-004 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 5111-
76-2, notice has been given of the proposal to lease such real estate, said notice having first been
published on May 28, 2019 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 June 18, 2019; 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 Dennis Rabe and Allen Rabe is hereby accepted by the City Council of
the City of Canton for the lease of the following described real estate:
Lots No. 3 and 4 of the Northshore Addition to Lake Canton, Fulton County, Illinois.
Commonly known as 24516 E. Northshore Drive, Canton, Illinois, has P.I.N. No.s
10-09-19-101-003 and 10-09-19-101-004.
3. The Mayor is hereby authorized and directed to sign and the City Clerk is hereby
authorized and directed to attest to LAKE LOT LEASES of the aforesaid real estate,
which Lease shall be in the form attached hereto as Exhibit A.
NLR Documents
Ordinances
6/13/14
4. 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.
5. 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 2nd DAY OF JULY, 2019.
AYES: Aldermen Ryan Mayhew, Justin Nelson, John Lovell, Craig West, Jeff Fritz,
Angela Lingenfelter, Quin Mayhew
NAYES: None
ABSENT: Alderwoman Angela Hale
APPROVED THIS 2ND DAY OF July, 2019.
APPROVED:
Kent A. McDow , Mayor
ATTEST:
Diana P - o , 'ty Clerk
NLR Documents
Ordinances
6/13/14
CITY OF CANTON LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation("City")makes this lease with us,
Dennis Rabe and Allen D. Rabe, as tenants, ("Lessees") on the day of May, 2019.
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 3 in Northshore Addition to Lake Canton; situated in the County of Fulton and State
of Illinois.
24516 E. Northshore Drive, Canton, IL 61520
PIN# 10-09-19-101-003
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 be 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, wastewater treatment and/or disposal, or other service for my 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. We must additionally obtain written approval (usually a building permit) from
Fulton County. 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.
Leaseholder may place on the leased premises items such as a garage, dock, boat lift or other
related structure. If said garage, dock, boat lift or other related structure is found in disrepair,
Leaseholder has thirty (30) days to either correct the defective conditions of said garage, dock,
boat lift or other related structure or remove and replace them. If the garage, dock, boat lift or
other related structure is replaced, whatever has been removed shall properly be disposed of in
accordance with all applicable laws, rules and regulations. Repair and/or removal and
replacement shall be at the sole expense of Leaseholder. If Leaseholder fails to correct the
defective condition within the thirty (30) day period, the City reserves the right to take any
remedial action necessary to correct the condition, including demolishing the garage, dock, boat
lift or other related structure and disposing of same. The City shall be reimbursed by
Leaseholder for any and all costs associated with the City's required remedial action, whether
City engages in the corrective work or demolition work itself or hires a third party to engage in
same.
2
9. PRIVATE SEWAGE DISPOSAL SYSTEMS: Private sewage disposal systems
shall be permitted, installed, maintained and replaced in accordance with the rules and
regulations as prescribed by the Illinois Department of Public Health, Fulton County Health
Department, Illinois Environmental Protection Agency and U.S. Environmental Protection
Agency. Private sewage disposal systems shall be inspected, at the cost of the Leaseholder, for
proper operation and sludge levels at the time of lease renewal or transfer of lease.
Documentation from the inspection shall be submitted to the City within five (5) days of the
inspection completion. Private sewage disposal systems shall have tanks pumped for solids
removal by a licensed tank cleaning company every three (3) years. Documentation from the
tank cleaning company verifying their work has been completed shall be submitted to the City
within five (5) days of completion of their work. The systems shall be inspected by the Fulton
County Health Department every ten (10) years. Documentation of completion of said
inspections by the Fulton County Health Department shall be provided to the City within five (5)
days of completion of their inspection. The systems utilizing aeriation equipment in conjunction
with disinfection tanks shall have proper disinfection chemicals installed and must be functional
at all times. Discharges from private sewage disposal systems shall not cause erosion issues or
contribute to soil migration and those found to cause these issues must be replaced by
Leaseholder at Leaseholder's expense.
If Leaseholder's private sewage disposal system is found in disrepair, Leaseholder has thirty (30)
days to either correct the defective conditions of said system or remove and replace said system.
If the system is replaced it shall properly be disposed of in accordance with all applicable laws,
rules and regulations. Repair and/or removal and replacement shall be at the sole expense of
Leaseholder. If Leaseholder fails to correct the defective condition within the thirty (30) day
period, the City reserves the right to take any remedial action necessary to correct the condition
and dispose of the system. The City shall be reimbursed by Leaseholder for any and all costs
associated with the City's required remedial action, whether City engages in the corrective work
itself or hires a third party to engage in same.
10. INSURANCE: We understand that we shall obtain insurance in our own name on any
improvements we make; however, the City will not be liable for damage to our property.
11. 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.
12. 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.
3
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, 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. We will 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; nor 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.
1. 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.
13. 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.
4
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 Fulton County.
14. VOLUNTARY CANCELLATION: We may surrender this lease if we have fully
performed our duties and thus be relieved of any further obligation under it.
15. 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 my 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.
16. 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.
5
17. 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 described real estate
Dennis Rabe Allen D. Rabe
STATE OF ILLINOIS, )
)SS.
COUNTY OF FULTON )
1, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that Dennis Rabe and Allen Rabe, 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 , 2019
Notary Public
CITY OF CANTON, ILLINOIS
DEPARTMENT OF LAKE DEVELOPMENT
By:
Kent A. McDowell, Mayor
Attest:
Diana Pavley-Rock, City Clerk
STATE OF ILLINOIS, )
)SS.
COUNTY OF FULTON )
6
I, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that Kent A. McDowell, 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 , 2019.
Notary Public
Send tax notice to:
Dennis Rabe
24516 E. Northshore Drive
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
7
8010755
Tx:4005964
1986060
JAMES I. NELSON
COUNTY CLERK&RECORDER
FULTON COUNTY,IL
RECORDED ON
06/24/2019 10:45 AM
RECORDING FEE 67.00
PAGES: 7
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CITY OF CANTON LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation("City")makes this lease with us,
Dennis Rabe and Allen D. Rabe, as tenants, ("Lessees") on the 5.14 day ofjape,2019.
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 4 in Northshore Addition to Lake Canton; situated in the County of Fulton and State
of Illinois.
24516 E.Northshore Drive, Canton,IL 61520
PIN# 10-09-19-101-004
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 be 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,wastewater treatment and/or disposal, or other service for my 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. We must additionally obtain written approval (usually a building permit) from
Fulton County. 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.
Leaseholder may place on the leased premises items such as a garage, dock, boat lift or other
related structure. If said garage, dock, boat lift or other related structure is found in disrepair,
Leaseholder has thirty (30) days to either correct the defective conditions of said garage, dock,
boat lift or other related structure or remove and replace them. If the garage, dock, boat lift or
other related structure is replaced, whatever has been removed shall properly be disposed of in
accordance with all applicable laws, rules and regulations. Repair and/or removal and
replacement shall be at the sole expense of Leaseholder. If Leaseholder fails to correct the
defective condition within the thirty (30) day period, the City reserves the right to take any
remedial action necessary to correct the condition, including demolishing the garage, dock, boat
lift or other related structure and disposing of same. The City shall be reimbursed by
Leaseholder for any and all costs associated with the City's required remedial action, whether
City engages in the corrective work or demolition work itself or hires a third party to engage in
same.
2
9. PRIVATE SEWAGE DISPOSAL SYSTEMS: Private sewage disposal systems
shall be permitted, installed, maintained and replaced in accordance with the rules and
regulations as prescribed by the Illinois Department of Public Health, Fulton County Health
Department, Illinois Environmental Protection Agency and U.S. Environmental Protection
Agency. Private sewage disposal systems shall be inspected, at the cost of the Leaseholder, for
proper operation and sludge levels at the time of lease renewal or transfer of lease.
Documentation from the inspection shall be submitted to the City within five (5) days of the
inspection completion. Private sewage disposal systems shall have tanks pumped for solids
removal by a licensed tank cleaning company every three (3) years. Documentation from the
tank cleaning company verifying their work has been completed shall be submitted to the City
within five (5) days of completion of their work. The systems shall be inspected by the Fulton
County Health Department every ten (10) years. Documentation of completion of said
inspections by the Fulton County Health Department shall be provided to the City within five (5)
days of completion of their inspection. The systems utilizing aeriation equipment in conjunction
with disinfection tanks shall have proper disinfection chemicals installed and must be functional
at all times. Discharges from private sewage disposal systems shall not cause erosion issues or
contribute to soil migration and those found to cause these issues must be replaced by
Leaseholder at Leaseholder's expense.
If Leaseholder's private sewage disposal system is found in disrepair, Leaseholder has thirty (30)
days to either correct the defective conditions of said system or remove and replace said system.
If the system is replaced it shall properly be disposed of in accordance with all applicable laws,
rules and regulations. Repair and/or removal and replacement shall be at the sole expense of
Leaseholder. If Leaseholder fails to correct the defective condition within the thirty (30) day
period, the City reserves the right to take any remedial action necessary to correct the condition
and dispose of the system. The City shall be reimbursed by Leaseholder for any and all costs
associated with the City's required remedial action, whether City engages in the corrective work
itself or hires a third party to engage in same.
10. INSURANCE: We understand that we shall obtain insurance in our own name on any
improvements we make; however,the City will not be liable for damage to our property.
11. 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.
12. 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.
3
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, 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. We will 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; nor 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.
1. 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.
13. 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.
4
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 Fulton County.
14. VOLUNTARY CANCELLATION: We may surrender this lease if we have fully
performed our duties and thus be relieved of any further obligation under it.
15. 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 my 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.
16. 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.
5
17. 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 described real estate
& &&
&:�� �"
Dennis Rabe Allen D. Rabe
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 Dennis Rabe and Allen Rabe, 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 , 2019
Notary Public
OFFICIAL SEAL
CAROL E KOHLER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10102122
CITY OF CANTON, ILLINOIS
DEPARTMENT OF z
EVELOPMENT
By: WAJ1_X ���
aZ ent A. Mc ell,Mayor
4Z .1
Attest:
Diana Pavley-Roc , ity Clerk
STATE OF ILLINOIS, )
)SS.
COUNTY OF FULTON )
6
I, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that Kent A. McDowell, 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,thisday of , 2019.
Notary Public
ATE OF ILLINOIS
OFFICIAL SEAL
Send tax notice to: CAROL E KARY PUBLIC- OHLER
My7 COMM SSION E�RES:10102Q2
Dennis Rabe
24516 E.Northshore Drive
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
7
i
8010756
Tx:4005964
1986061
JAMES I.NELSON
COUNTY CLERK&RECORDER
FULTON COUNTY,IL
RECORDED ON
06/24/2019 10:45 AM
RECORDING FEE 67.00
PAGES:7
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CITY OF CANTON LAKESHORE LEASE
The City of Canton, an Illinois municipal corporation("City")makes this lease with us,
Dennis Rabe and Allen D. Rabe,as tenants, ("Lessees") on the 944 day ofTun-c.2019.
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 3 in Northshore Addition to Lake Canton; situated in the County of Fulton and State
of Illinois.
24516 E. Northshore Drive, Canton,IL 61520
PIN# 10-09-19-101-003
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 be 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,wastewater treatment and/or disposal, or other service for my 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. We must additionally obtain written approval (usually a building permit) from
Fulton County. 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.
Leaseholder may place on the leased premises items such as a garage, dock, boat lift or other
related structure. If said garage, dock, boat lift or other related structure is found in disrepair,
Leaseholder has thirty (30) days to either correct the defective conditions of said garage, dock,
boat lift or other related structure or remove and replace them. If the garage, dock, boat lift or
other related structure is replaced, whatever has been removed shall properly be disposed of in
accordance with all applicable laws, rules and regulations. Repair and/or removal and
replacement shall be at the sole expense of Leaseholder. If Leaseholder fails to correct the
defective condition within the thirty (30) day period, the City reserves the right to take any
remedial action necessary to correct the condition, including demolishing the garage, dock, boat
lift or other related structure and disposing of same. The City shall be reimbursed by
Leaseholder for any and all costs associated with the City's required remedial action, whether
City engages in the corrective work or demolition work itself or hires a third party to engage in
same.
2
9. PRIVATE SEWAGE DISPOSAL SYSTEMS: Private sewage disposal systems
shall be permitted, installed, maintained and replaced in accordance with the rules and
regulations as prescribed by the Illinois Department of Public Health, Fulton County Health
Department, Illinois Environmental Protection Agency and U.S. Environmental Protection
Agency. Private sewage disposal systems shall be inspected, at the cost of the Leaseholder, for
proper operation and sludge levels at the time of lease renewal or transfer of lease.
Documentation from the inspection shall be submitted to the City within five (5) days of the
inspection completion. Private sewage disposal systems shall have tanks pumped for solids
removal by a licensed tank cleaning company every three (3) years. Documentation from the
tank cleaning company verifying their work has been completed shall be submitted to the City
within five (5) days of completion of their work. The systems shall be inspected by the Fulton
County Health Department every ten (10) years. Documentation of completion of said
inspections by the Fulton County Health Department shall be provided to the City within five (5)
days of completion of their inspection. The systems utilizing aeriation equipment in conjunction
with disinfection tanks shall have proper disinfection chemicals installed and must be functional
at all times. Discharges from private sewage disposal systems shall not cause erosion issues or
contribute to soil migration and those found to cause these issues must be replaced by
Leaseholder at Leaseholder's expense.
If Leaseholder's private sewage disposal system is found in disrepair, Leaseholder has thirty (30)
days to either correct the defective conditions of said system or remove and replace said system.
If the system is replaced it shall properly be disposed of in accordance with all applicable laws,
rules and regulations. Repair and/or removal and replacement shall be at the sole expense of
Leaseholder. If Leaseholder fails to correct the defective condition within the thirty (30) day
period, the City reserves the right to take any remedial action necessary to correct the condition
and dispose of the system. The City shall be reimbursed by Leaseholder for any and all costs
associated with the City's required remedial action, whether City engages in the corrective work
itself or hires a third party to engage in same.
10. INSURANCE: We understand that we shall obtain insurance in our own name on any
improvements we make; however,the City will not be liable for damage to our property.
11. 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.
12. 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.
3
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, 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. We will 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; nor 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.
1. 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.
13. 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.
4
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 Fulton County.
14. VOLUNTARY CANCELLATION: We may surrender this lease if we have fully
performed our duties and thus be relieved of any further obligation under it.
15. 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 my 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.
16. 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.
5
17. 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 described real estate
Dennis Rabe Allen D. Rabe
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 Dennis Rabe and Allen Rabe, 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 5_day of , 2019
Notary Public
OFFICIAL SEAL
CAROL E KOHLER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COWSSION EXPIRES:10102122
CITY OF CANTON, ILLINOIS
DEPARTMENT OF LDEVELOPMENT
By: 6/1 94 Ik &0
ent A. Mc 11, Mayor
Attest: �1
Dianavley-Rock, City Clerk
STATE OF ILLINOIS, )
)SS.
COUNTY OF FULTON )
6
I, the undersigned, a Notary Public in and for said County in the State aforesaid, do
hereby certify that Kent A. McDowell, 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 ' , 2019.
cu n ,4AJ"-v 2
Notary Public
Send tax notice to: OFFICIAL SEAL
CAROL E KOHLER
Dennis Rabe NOTARY PUBLIC-STATE OF ILLINOIS
MMSS(A EXPIRES:101020
24516 E. Northshore Drive MY
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
7