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HomeMy WebLinkAboutOrdinance #1072j • i -, i ORDINANCE N0 . 10 7 2 AN ORDINANCE AUTHORIZING THE LEASE OF REAL PROPERTY OWNED BY THE CITY OF CANTON, ILLINOIS WHICH PROPERTY IS GENERALLY LOCATED IN SECTION TWENTY-FOUR (24) OF CANTON TOWNSHIP, FULTON COUNTY, ILLINOIS. WHEREAS, the City of Canton owns the following described real property: A part of the Southeast Quarter of Section 24, Township 7 North, Range 4 East, Fourth Principal Meridian, Fulton County, Illinois, more particularly described as follows: Commencing on the South Line of Section 24, Township and Range aforesaid, 1340 feet, more or less, West of the Southeast Corner of said Section 24, the point of beginning; from the point of beginning thence West along the South line of Section 24, 775 feet, more or less; thence North 770 feet, more or less; thence West 566 feet, more or less, to the North and South one-quarter line of Section 24; thence North along said one-quarter line to a point 100 feet from Lake Uanton at normal pool stage; thence Easterly along Lake Canton, and 100 feet distant therefrom, to a point North of the point of beginning, thence South 1650 feet, more or less, to the point of beginning containing 33 acres, more or less. which property is generally located in Section Twenty-Four (24) of Canton Township, Fulton County, Illinois and is currently leased to Canton Motorcycle Club, Inc., an Illinois not for profit corporation; 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 coporate 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 Canton Motorcycle Club, Inc.; and, WHEREAS, the corporate authorities of the City of Canton have received the terms of the proposed lease with Canton Motorcycle Club, Inc., 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 Canton Motorcycle Club, Inc., 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. That Ordinance Number 1060, entitled: "AN ORDINANCE AUTHORIZING THE LEASE OF REAL PROPERTY OWNED BY THE CITY OF CANTON, ILLINOIS WHICH PROPERTY IS GENERALLY LOCATED IN SECTION TWENTY-FOUR (24) OF CANTON, TOWNSHIP, FULTON COUNTY, ILLINOIS", which was passed by the City Council of the City of Canton, Fulton County, Illinois, on May 7, 1985, is hereby repealed. 4. 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. 5. That 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 by a vote of at least three-fourths of the corporate authorities of the City of Canton, Illinois now holding office, and APPROVED by the Mayor thereof this 18th day of June , 1985. APPROVED: Donald E. Edwards, Mayor. ATTEST: ~~,s' / , anc Whites, City Clerk. T. R A S F THIS INDENTURE of lease made and entered into this 18th day of June 1985 by and between the CITY OF CANTON, ILLINOIS, a Municipal Corporation, hereinafter called LANDLORD, and CANTON MOTORCYCLE CLUB, INC., an Illinois not for profit corporation, hereinafter called TENANT, WITNESSETH: THE PARTIES AGREE AS FOLLOWS: 1. CONDITIONS: It is mutually agreed between the parties hereto that conditions hereinafter set forth are CONDITIONS PRECEDENT, 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 the Southeast Quarter of Section 24, Township 7 North, Range 4 East, Fourth Principal Meridian, Fulton County, Illinois, more particularly described as follows: Commencing on the South Line of Section 24, Township and Range aforesaid, 1340 feet, more or less, West of the Southeast Corner of said Section 24, the point of beginning; from the point of beginning thence West along the South Line of Section 24, 775 feet, more or less; thence North 770 feet, more or less; thence West 566 feet, more or less, to the North and South one-quarter line of Section 24; thence North along said one-quarter line to a point 100 feet from Lake Canton at nor- mal pool stage; thence Easterly along Lake Canton, and 100 feet distant therefrom, to a point North of the point of beginning, thence South 1650 feet, more or less, to the point of beginning containing 33 acres, more or less. 3. LEASING: Landlord, in consideration of the covenants, agreements and rents to be kept, performed and paid by tenant, as hereinafter set forth, has leased and by the presents does hereby lease to tenant the real estate above described to be used by tenants solely for such activities of tenant as are commonly done by and associated with the ordinary purposes of motorcycle clubs. 4. TERM OF LEASE: The term of this lease is for five years beginning May 1, 1985 and ending April 30, 1990. 5. RENT TO BE PAID. Tenant hereby agrees to pay to landlord as rent, the sum of $250.00 for the lease term herein provided, in the following manner: By annual installment payments of $50.00 each to be first made and paid on the 1st day of May, 1985 and thereafter on the 1st day of May thereafter succeeding during the term of this lease. -1- 6. GENERAL. Tenants agrees as follows: a. To use said premises in manner so that it will not pollute Lake Canton in any manner whatsoever. b. To pay for any and all improvements it may make on said premises, and provided, that any buildings constructed or placed on said premises shall be considered personal property and shall be removed by the tenant 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 amount of $100,000.00 or a greater amount, if the City Council of Canton, Illinois deems it necessary to cover any person or persons who might be damaged due to the negligence or fault of the tenant. That said insurance policy or policies shall name the City of Canton, Illinois, as co-insured and a copy of all insurance policies or a certificate showing such insurance in effect shall be filed with the City Clerk of the City of Canton, Illinois. f. To hold landlord harmless in event any person is killed or injured or property is damaged on said premises or on adjacent premises owned by landlord where such death, injury or damage is occasioned by reason of the activities of tenant or any of its members. g. To pay all taxes which may be legally assessed against said premises. 7. NONASSIGNABILITY. It is mutually agreed as a condition precedent 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 in the operation of its municipal water supply or for any other purpose or interest whatsoever of landlord. -2- 9. USE OF PREMISES BY YOUTHS WITH PARENTAL SUPERVISION. Tenant represents, warrants and agrees that it will make available the premises for youths under legal age in order to provide a place for them to learn to use and ride motorcycles off the public streets and ways on the condition that the use of the premises will be supervised by a parent and that the parent of each youth using the premises is a member of the Canton Motorcycle Club and the American Motorcycle Association. Dues are presently five dollars per year for each adult member. 10. CANCELLATIONS: 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 an emergency situation so determined by the Canton. City Council by giving the tenant thirty (30) days written notice. 11. RENEWAL: This lease agreement may be renewed by tenant for a period of time not to exceed five (5) years after tenant and landlord have mutually agreed to the amount of rent to be paid during such renewal. EXECUTED IN DUPLICATE THIS 18th DAY OF June , 1985. CITY OF CANTON, ILLINOIS, A MUNICIPAL CORPORATION, ITS MAYOR -~ LANDLORD ATTEST: CI CLERK CANTON MOTORCYCLE CLUB, INC., AN ILLINOIS NOT FOR PROFIT CORPORATION, BY ; ~./e7~~i~~~~~ ITS PRESIDENT _ TENANT ATTEST: SECRETARY -3-