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HomeMy WebLinkAboutOrdinance #1190.~ t . ORDINANCE NO. 1190 AN ORDINANCE AUTHORIZING THE LEASE OF REAL PROPERTY OWNED BY THE CITY OF CANTON, ILLINOIS WHICH PROPERTY IS GENERALLY LOCATED IN SECTION TWENTY-FIVE (25) OF BANNER TOWNSHIP, FULTON COUNTY, ILLINOIS. WHEREAS, the City of Canton owns the following described property: That portion of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section twenty-five (25) in Township Six (6) North of the base line, Range five (5) East of the Fourth Principal Meridian bounded as follows: Commencing at a point nineteen hundred and ninety-five (1995) feet East of the West Quarter post of said Section twenty-five (25) where the center line of the section line running East and West intersects with the West bank of the Illinois River at a stage of water five (5) feet above low water mark, thence North 5°6' East magnetic bearing on a line three hundred (300) feet West of and parallel with the center line of lock a distance of six hundred and fifty (650) feet to a point; thence easterly along a line bearing South 84°54' East four hundred (400) feet to the West bank of the Illinois River at five (5) feet stage; thence southwesterly along the West bank of said river seven hundred and seventy-five (775) feet to the place of beginning and containing three (3.0) acres more or less, and situated in the County of Fulton, State of Illinois. which property is generally located in Section Twenty-five (25) of Banner Township, 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 the Village of Banner; and, WHEREAS, the corporate authorities of the City of Canton have received the terms of the proposed lease with the Village of Banner, 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 the Village of Banner, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be subject to and effective pursuant to 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 19th day of April , 1988, upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS: None. ABSENT: Aldermen Bohler APPROVED: .~~1~~~~ Donald E. Edwards, Mayor. ATTEST: Nancy Whiles, City Clerk. r. r~ n c ri #4 79 THIS INDENTURE of lease made and entered into this day of ~ , 1988 by and between the CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, hereinafter called LANDLORD, and the Village of Banner, an Illinois Municipal corporation, 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 a portion of the following described realty: That portion of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section twenty-five (25) in Township Six (6) North of the base line, Range five (5) East of the Fourth Principal Meridian bounded as follows: Commencing at a point nineteen hundred and ninety-five (1995) feet East of the West Quarter post of said Section twenty-five (25) where the center line of the section line running East and West intersects with the West bank of the Illinois River at a stage of water five (5) feet above low water mark, thence North 5°6' East magnetic bearing on a line three hundred (300) feet West of and parallel with the center line of lock a distance of six hundred and fifty (650) feet to a point; thence easterly along a line bearing South 84°54' East four hundred (400) feet to the West bank of the Illinois River at five (5) feet stage; thence southwesterly along the West bank of said river seven hundred and seventy-five (775) feet to the place of beginning and containing three (3.0) acres more or less, and situated in the County of Fulton, 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 public boat launching area. Tenant's failure to place the demised premises into use as a public boat dock within 365 days of the date of this lease, or, Tenant's failure to keep the demised premises open as a public boat dock 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 years beginning , 1987 and ending "' '`~~ 5. RENT TO BE PAID: Tenant hereby agrees to pay to landlord as rent, the sum of $'` for the lease term herein provided, in the following manner: By annual installment payments of $ each to be first made and paid on the day of , 19 and therafter on the ,, . day of , 19 thereafter succeeding during the term of this lease. 6. GENERAL: Tenant agrees as follows: a. To use said premises in manner so that it will not pollute the Illinois River and/or surrounding real property. b. To pay for any and all improvements it may make on said premises. Any buildings constructed or placed on said premises shall be considered personal property and shall be removed by the tenant at its expense at the termination of its tenancy. c. To pay the cost of clearing said premises of trees and underbrush and building and maintaining any roads. d. To neither sell intoxicating liquors on said premises or to use said premises for illegal or immoral purposes. e. To carry public liability insurance in the amoun+of $1,000,000.00 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. -2- 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 or interest whatsoever of landlord. 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. EXECUTED IN DUPLICATE THIS DAY OF , 1988. CITY OF CANTON, AN ILLINOIS MUNICIPAL CORPORATION, BY: , ITS MAYOR - LANDLORD. ATTEST: City Clerk. VILLAGE OF BANNER, AN ILLINOIS MUNICIPAL CORPORATION, BY: , ITS PRESIDENT - TENANT ATTEST: Village Clerk. ~ That portion of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of Section twenty-five (25) in Township six (6) north of the base line, Range five (5) east of the Fourth principal meridian bounded as follows: Commencing at a point nineteen hundred and ninety-five (1995)feet east of the west quarter post of said Section twenty-five (25) where the center line of the section line running east and west intersects with the west bank of the Illinois River at a stage of water five (5) feet above low water mark, thence north 5°6' east magnetic bearing on a line three hundred (300) feet west of and parallel with the center line of lock a distance of six hundred and fifty (650) feet to a point; thence easterly along a line bearing south 84° 54' east four hundred (400) feet to the west bank of the Illinois River at five (5) feet stage; thence southwesterly along the west bank of said river seven hundred and seventy-five (775) feet to the place of beginning and containing three (3.0) acres more of less, and situated in the County of Fulton, State of Illinois. PROPOSED BANNER 80A7 p©GK PROPERTY sc.ALE i ~~ =Zoo' ® PROPERTY TO BE LEASED AGREEMENT NO. '4 ?9 ` L E A S E THIS INDENTURE of lease made and entered into this 20th day of April , 1988 by and between the CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, hereinafter called LANDLORD, and the Village of Banner, an Illinois Municipal corporation, 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 a portion of the following described realty; That portion of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section twenty-five (25) in Township Six (6) North of the base line, Range five (5> East of the Fourth Principal Meridian bounded as follows: Commencing at a point nineteen hundred and ninety-five (1995) feet East of the West Quarter post of said Section twenty-five (25) where the center line of the section line running East and West intersects with the West bank of the Illinois River at a stage of water five (5) feet above low water mark, thence North 5°6' East magnetic bearing on a line three hundred (300) feet West of and parallel with the center line of lock a distance of six hundred and fifty (650) feet to a point; thence easterly along a line bearing South 84°54' East four hundred (400) feet to the West bank of the Illinois River at five (5) feet stage; thence southwesterly along the West bank of said river seven hundred and seventy-five (775) feet to the place of beginning and containing three (3.0) acres more or less, and situated in the County of Fulton, 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 r-eal estate above described to be used by tenant solely as a public boat launching area. Tenant's failure to place the demised premises into use as a public boat dock within 365 days of the date of this lease, or, Tenant's failure to keep the demised premises open as a public boat dock 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 terms Qf this ast is for 25 years beginning April 20, l9se ~j "'~~ and ending April 20, 2oi3 5. RENT TO BE PAID: Tenant hereby agrees to pay to landlord as rent, the sum of $ 25.00 for the lease term herein provided, in the following manner: By annual installment payments of $ 1.00 each to be first made and paid on the loth day of April , 19 88 and therafter on the 20tH day of April , 19 e9 thereafter succeeding during the term of this lease. 6. GENERAL: Tenant agrees as follows: a. To use said premises in manner so that it will not pollute the Illinois River and/or surrounding real property. b. To pay for any and all improvements it may make on said premises. Any buildings constructed or placed on said premises shall be considered personal property and shall be removed by the tenant at its expense at the termination of its tenancy. c. To pay the cost of clearing said premises of trees and underbrush and building and maintaining any roads. d. To neither sell intoxicating liquors on said premises or to use said premises for illegal or immoral purposes. e. To carry public liability insurance in the amoun of $1,000,000.00 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. -2- 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 or interest whatsoever of landlord. 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. EXECUTED IN DUPLICATE THIS 20th DAY OF aril , 1988. CITY OF CANTON, AN ILLINOIS MUNICIPAL CORPORATI , BY : ~~~"mac , ITS MA OR - LANDLORD. ATTEST: City Clerk. ~ VILLAGE OF BANNER, AN ILLINOIS MUNICIPAL CORPORATION, BY: , ITS PRESIDENT - TENANT ATTEST: Village Clerk. ~ -3-