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HomeMy WebLinkAbout#4193 lakeshore lease nicholas stevens ORDINANCE NO. 4193 AN ORDINANCE APPROVING AN AMENDMENT TO A CITY OF CANTON LAKESHORE LEASE WITH NICHOLAS R. STEVENS AND MARGI A. STEVENS WHEREAS,the City of Canton owns the following described real property (the "Property"): Lot Number 22-A of LakeWind Resubdivision, as shown on"Final Plat- Lake Wind Resubdivision of Lots 20, 21, and 22," dated 07-17-14 and recorded 10-02-14 as Document No. 1461979 at the Fulton County Recorder's Office. A resubdivision of Lots 20, 21, and 22 in Lake Wind Addition and a Part of the Southeast Quarter of Section 19 and a part of the Northeast Quarter of Section 30, all in Township 7 North, Range 5 East of the Fourth Principal Meridian, Fulton County, Illinois, Commonly known as 25899 North Weldons Road, Canton, Illinois 61520. In addition to the land in the area between the westerly lot line and the lake, from an extension of their respective side lines to the water's edge. and; WHEREAS, following proper notice, on or about April 22, 2019, the City passed Ordinance No. 4140 to lease the above-described Property to Nicholas R. Stevens and Margi A. Stevens (the"Lessees") by a City of Canton Lakeshore Lease ("Lakeshore Lease"); WHEREAS, the Lessees desire to construct and use a dock that would be in violation of the current terms and conditions of their current Lakeshore Lease; WHEREAS,the Committee on Lakes, Buildings, and Grounds, and the City Council and Mayor of the City of Canton have determined that it is in the best interest of the City of Canton that it amend the lease for the above-described municipally owned property to allow for the larger sized dock requested by the Lessees; and 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 Mayor is hereby authorized and directed to sign an addendum, to be drafted by the City Attorney, amending the Lakeshore Lease as follows: Paragraph 12() is amended and replaced in its entirety to state as follows: Not extend any structure into the lake, such as a dock, boat lift or any other structure, more than thirty-two feet(32') from the normal shoreline. Said structures shall contain lights to warn others (e.g. boaters/swimmers) of its location after sunset. The "normal shoreline" is determined when the water level is even with the top of the spillway. Lessees further will not install any separate structure such as a fence,post, etc. below the normal water surface. All boats docked/stationed at the Lessees dock shall contain a license and boat sticker registered to Lessees. Paragraph 15(C) is added to state as follows: (C) The City reserves the right to amend this Lease at any time, without the consent of the Lessees. Paragraph 15(D) is added to state as follows: (D) The City reserves the right at all times to raise and lower the water levels of the lake, in its sole discretion and as it deems appropriate. Lessees acknowledge that docks, boat lifts, and other structures could be damaged during this process. Lessee assumes all risks with said structures and hereby agrees to hold the City harmless from any and all damages caused thereto, if any, by the City's raising and lowering of the water levels of Canton Lake, or Lake Canton. 3. 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 June, 2020. AYES: Aldermen Justin Nelson, Jeff Fritz, Craig West, John Lovell, Quin Mayhew NAYES: Aldermen Angela Lingenfelter, Ryan Mayhew ABSENT: Alderwoman Angela Hale APPROVED THIS 2"d DAY OF JUNE, 2020 APPROVED: ent A. McDowell, Mayor AT TEM O Diana _avley-Rock, City Clerk ADDENDUM TO CITY OF CANTON LAKESHORE LEASE This Addendum to City of Canton Lakeshore Lease("Addendum")is entered into this day of June, 2020 ("Effective Date"), by and between the City of Canton, an Illinois municipal corporation (the "City"), and Nicholas R. Stevens and Margi A. Stevens ("Lessees"). RECITALS WHEREAS,pursuant to Ordinance No. 4140 of the City of Canton, the City and Lessees entered into a certain City of Canton Lakeshore Lease (the "Lease") on or about April 25, 2019; and WHEREAS, Paraph 12(1) of the Lease provided that the Lessees shall "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 will not install any separate structure such as a fence, post, etc. below the normal water surface." WHEREAS, pursuant to the request by the Lessees and Ordinance No. 4193, the City Council and Mayor of the City of Canton have determined that it is in the best interests of the City to modify the lease to allow for the Lessees to install a larger dock. NOW, THEREFORE, in consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: A. Paragraph 12(l)of the Lease is amended and replaced in its entirety to state as follows: Not extend any structure into the lake, such as a dock, boat lift or any other structure, more than thirty-two feet (32') from the normal shoreline. Said structures shall contain lights to warn others (e.g. boaters/swimmers) of its location after sunset. The "normal shoreline" is determined when the water level is even with the top of the spillway. Lessees further will not install any separate structure such as a fence, post, etc. below the normal water surface. All boats docked/stationed at the Lessees dock shall contain a license and boat sticker registered to Lessees. B. Paragraph 15(C) is added to the Lease to state as follows: (C) The City reserves the right to amend this Lease at any time, without the consent of the Lessees. Page 1 of 2 C. Paragraph 15(D) is added to the Lease state as follows: (D) The City reserves the right at all times to raise and lower the water levels of the lake, in its sole discretion and as it deems appropriate. Lessees acknowledge that docks, boat lifts, and other structures could be damaged during this process. Lessee assumes all risks with said structures and hereby agrees to hold the City harmless from any and all damages caused thereto, if any, by the City's raising and lowering of the water levels of Canton Lake, or Lake Canton. D. Except as provided in this Addendum, the terms and provisions of the Lease shall remain unchanged and remain in full force and effect. In the event of any inconsistency between the terms of the Lease and this Addendum,the ten-ns and conditions in this Addendum shall control. E. The forgoing Recitals of this Amendment are incorporated herein and made a part hereof. IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date. CITY OF CANTON: LESSEES: Kent McDowell, Mayor i oIa R. Stevens R 7ATTES Margi A*St6ens Diana Pavley-Rock, City Clerk Page 2 of 2