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HomeMy WebLinkAboutOrdinance #1186 NO. 1 1 86 AN ORDINANCE AUTHORIZING THE LEASE OF PART OF SOUTH FOURTH AVENUE WHEREAS, the City of Canton owns the following described property: A part of South Fourth Avenue in the City of Canton, Fulton County, Illinois, described as follows, to-wit: Commencing at a point on the East right-of- way line of South Fourth Avenue 457 feet South of the center of Sam Scott Street, the Point of Beginning; thence, South and South-Westerly along said East right-of-way line, to include the East right-of-way line of vacated South Fourth Avenue, to its intersection with the West right-of-way line of Bond Issue Route #78; thence, Southwesterly along the West right-of-way line of Bond Issue Route #78 to its intersection with the West right-of-way line of vacated South Fourth Avenue; thence, Northeasterly and North along the West right-of-way line of vacated South Fourth Avenue and of South Fourth Avenue to a point on said West right-of-way line to a point 457 feet South of the center of Sam Scott Street; thence, East to the Point of Beginning, EXCEPTING therefrom the following described tract: Commencing at the Southeast corner of South Fourth Avenue at its Southerly intersection with the right- of-way line of Illinois State Route 78, thence North 100 feet, more or less, along the East right-of-way line of South Fourth Avenue, thence West to the West right-of-way line of South Fourth Avenue, thence South 100 feet, more or less, along the West right-of-way lien of South Fourth Avenue, thence East to the point of beginning, situated in the City of Canton, County of Fulton and State of Illinois. which property is part of South Fourth Avenue in the City of Canton, Fulton County, Illinois; and, WHEREAS, the corporate authorities of the City of Canton have determined that said real property is no longer necessary, appropriate, required for the use of, profitable to, or in the best interests of the City; and, WHEREAS, pursuant to Chapter 24, Section 11-76-1 of the Illinois Revised Statutes, the City of Canton has the power to lease said real property for any term not exceeding ninety-nine (99) years; and, WHEREAS, pursuant to said section of the Illinois Municipal Code, this power shall be exercised by an ordinance passed by three-fourths of the corporate authorities of the City of Canton now holding office; and, WHEREAS, the corporate authorities of the City of Canton find and determine that the best interests of the City and its residents will be served by leasing said real property to Leslie E. Carl and Anita L. Carl; and, WHEREAS, the corporate authorities of the City of Canton have received the terms of the proposed lease with Leslie E. Carl and Anita L. Carl, a copy of which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CORPORATE AUTHORITIES OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. The corporate authorities find as facts the recitals hereinabove set forth. 2. The lease agreement between the City of Canton and Leslie E. Carl and Anita L. Carl, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be effective in accordance with the terms and conditions set forth therein. 3. The Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said agreement on behalf of the City of Canton. 4. 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 of the City of Canton, Illinois now holding office, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 16th day of March ~ 1988, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck. NAYS: None, ABSENT:Aldermen Zilly, Kova~iievich. ., Donald E. Edwards, Mayor. ATTEST: ~~ ~ ~ Nan y W i es, i y er L E A S E THIS INDENTURE of lease made and entered into this 16th day of March , 1988 by and between the CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, hereinafter called LANDLORD, and LESLIE E. CARL and ANITA L. CARL, of the City of Canton, County of Fulton and State of Illinois, hereinafter called TENANT, WITNESSETH: THE PARTIES AGREE AS FOLLOWS: 1. CONDITIONS: It 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 South Fourth Avenue in the City of Canton, Fulton County, Illinois, described as follows, to-wit: Commencing at a point on the East right-of- way line of South Fourth Avenue 457 feet South of the center of Sam Scott Street, the Point of Beginning; thence, South and South-Westerly along said East right-of-way line, to include the East right-of-way line of vacated South Fourth Avenue, to its intersection with the West right-of-way line of Bond Issue Route #78; thence, Southwesterly along the West right-of-way line of Bond Issue Route #78 to its intersection with the West right-of-way line of vacated South Fourth Avenue; thence, Northeasterly and North along the West right-of-way line of vacated South Fourth Avenue and of South Fourth Avenue to a point on said West right-of-way line to a point 457 feet South of the center of Sam Scott Street; thence, East to the Point of Beginning, EXCEPTING therefrom the following described tract: Commencing at the Southeast corner of South Fourth Avenue at its Southerly intersection with the right- of-way line of Illinois State Route 78, thence North 100 feet, more or less, along the East right-of-way line of South Fourth Avenue, thence West to the West right-of-way line of South Fourth Avenue, thence South 100 feet, more or less, along the West right-of-way lien of South Fourth Avenue, thence East to the point of beginning, situated in the City of Canton, County of Fulton and State of Illinois. 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 a private parking lot. Tenant's failure to place the demised premises into use as a private parking lot 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 March 17, 1988 and ending March 16, 2013. 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 as a private parking lot only and to keep same, at Tenant's sole expense, in a state of good repair and cleanliness. b. To not allow any structure or building to be built on or placed on the demised premises. 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 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 the 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 -2- 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 enter said premises at any time to inspect the same to see that the terms and provisions of this lease have been complied with or to do anything on said premises that is in any way necessary or desirable for promoting the activities of the landlord or for any other purpose of interest whatsoever of landlord. 9. CANCELLATION: Either landlord or tenant may unilaterally cancel this lease by giving the other party at least twelve t12) 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. EXECUTED IN DUPLICATE THIS 16th DAY OF D4arch ~ 1988. CITY OF CANTON, AN ILLINOIS MUNICIPAL CORPORATION, ~-. 1 ~ y - / ( ~~ ~~,/ Its Mayor - Landlord ATTEST: City Jerk :. (Le E. Carl) a L. Carl) -3- Dl~/ f ~` r ~ , lY f ~ ' ~ ~ RESOLUTION NO . ~ ~/ ~ ~ '~ e. . J ~ A RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF CANTON AND LESLIE E CARL €• . AND ANITA L. CARL AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER ~i` ~~~ ~ „ SAID LEASE ON BEHALF OF THE CITY OF CANTON, ILLINOIS. i ~`l h ~4 r° .~ i .. n . ~ P 5 WHEREAS, the Streets and Garbage Committee of the Canton City Council has '~''/ `` l determined that it is desireable and in the best interest of the City of Canton ~~ ' to approve a lease between the City of Canton and Leslie E. Carl and Anita L. , Carl; 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 Leslie E. Carl anal Anita L. Carl, 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 I~iayor 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 an d approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this day of 1988, upon a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED: Donald E. Edwards, Mayor ATTEST: Nancy Whites, City Clerk 2 and last L $ A S 8 of THIS INDENTURE of lease made and entered into this ILLINOIS, an Illinois Municipal Corporation, hereinafter called LANDLORD, and LESLIE E. CARL and ANITA L. CARL, of the City of Canton, County of Fulton and State of Illinois, hereinafter called TENANT, WITNESSETH: THE PARTIES AGREE AS FOLLOWS: 1. CONDITIONS: It 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 South Fourth Avenue in the City of Canton, Fulton County, Illinois, described as follows, to-wit: Commencing at a point on the East right-of- way line of South Fourth Avenue 457 feet South of the center of Sam Scott Street, the Point of Beginning; thence, South and South-Westerly along said East right-of-way line, to include the East right-of -way line of vacated South Fourth Avenue, to its intersection with the West right-of-way line of Bond Issue Route X78; thence, Southwesterly along the West right-of-way line of Bond Issue Route X78 to its intersection with the West right-of -way line of vacated South Fourth Avenue; thence, Northeasterly and North along the West right-of-way line of vacated South Fourth Avenue and of South Fourth Avenue to a point on said West right-of-way line to a point 457 feet South of the center of Sam Scott Street; thence, East to the Point of Beginning, EXCEPTING therefrom the following described tract: Commencing at the Southeast corner of South Fourth Avenue at its Southerly intersection with the right- of-way line of Illinois State Route 78, thence North 100 feet, more or less, along the East right-of-way line of South Fourth Avenue, thence West to the West right-of-way line of South Fourth Avenue, thence South 100 feet, more or less, along the West right-of-way lien of South Fourth Avenue, thence East to the point of beginning, situated in the City of Canton, County of Fulton and State of Illinois. 1988 by and between the CITY OF CANTON, day 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 a private parking lot. Tenant's failure to place the demised premises into use as a private parking lot 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 , 1987 and ending 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 as a private parking lot only and to keep same, at Tenant's sole expense, in a state of good repair and cleanliness. b. To not allow any structure or building to be built on or placed on the demised premises. 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 an easement in and to the demised premises for such future purposes as the Landlord, in its sole and exclusive opinion, might deem expedient and in the best interest of the City of Canton. 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 the amount of $500,000.00 or a greater amount, if the City Council of Canton, Illinois deems it necessary to cover any person or persons who -2- 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 enter said premises at any time to inspect the same to see that the terms and provisions of this lease have been complied with or to do anything on said premises that is in any way necessary or desirable for promoting the activities of the landlord or for any other purpose of interest whatsoever of landlord. 9. CANCELLATION: Either landlord or tenant may unilaterally cancel this lease by giving the other party at least twelve i12) 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. EXECUTED IN DUPLICATE THIS DAY OF , 1988. CITY OF CANTON, AN ILLINOIS MUNICIPAL CORPORATION, BY: I s ayor - Landlord ATTEST: City Clerk ~ (Leslie E. Carl) ~ (Anita L. Car ) -3-