HomeMy WebLinkAboutResolution #5338 RESOLUTION NO 5338
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE MISSISSIPPI VALLEY REGIONAL
BLOOD CENTER AND THE CITY OF CANTON FOR RENTAL OF THE HISTORIC DEPOT FOR 2022
WHEREAS,the City of Canton owns the Canton Historic Depot located at 50 N. Fourth Avenue, and
WHEREAS, the southernmost room of the depot is available for rentals to the public for many uses,and
WHEREAS, the Mississippi Valley Regional Blood Center is in need of a location to hold their blood
drives for 2021, and
WHEREAS,the Historic Depot meets the needs required by the MVRBC, and
WHEREAS, the Historic Depot is rarely used in the middle of the week when requested by MVRBC, and
the regular rental of this space for one year will not create conflict or issue, and
WHEREAS,the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS: ,
1. That the lease between MVRBC and the City of Canton shall be signed, and a fee schedule will be
determined that is acceptable to both parties per the recitals of the agreement.
2. That this Resolution shall be in full force and effect beginning January 1, 2022 by the City Council of the
City of Canton,Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 2j'D day of November, 2021
upon a roll call vote as follows:
AYES: Alderperson Andra Chamberlin, Justin Nelson, Angela Hale, Jeff Fritz, Angela Lingenfelter, Greg
Gossett
NAYS: None
ABSENT: Alderperson Craig West, John Lovell
AP ROVED: A
V—";A- A,
nt eDowell,Mayor
ATTEST: oAj-2-0�' —
Diana Pavley-Rock, City Clerk
LEASE AGREEMENT
between the
CITY OF CANTON,ILLINOIS
and
MISSISSIPPI VALLEY REGIONAL BLOOD CENTER,A NOT FOR PROFIT 501(C)(3)
CORPORATION,
Dated as of November ,2021
Prepared by and Return to:
City of Canton
2 N. Main Street
Canton, IL 61520
1
11-01-2021.
LEASE AGREEMENT
between the
CITY OF CANTON,ILLINOIS
and
MISSISSIPPI VALLEY REGIONAL BLOOD CENTER,A NOT FOR PROFIT 501(C)(3)
CORPORATION,
10
Dated as of November Q 2021
Prepared by and Return to:
City of Canton
2 N. Main Street
Canton,IL 61520
1
11-01-2021
LEASE AGREEMENT
This Lease Agreement, dated the day of November, 2021 (this "Lease" or
"Agreement", is made between the City of Canton, an Illinois municipal corporation ("City" or
"Lessor") and the Mississippi Valley Regional Blood Center, a not for profit 501(c)(3)
corporation, as Lessee, ("MVRBC" or"Lessee").
WHEREAS,the City owns property located at 50 North Fourth Avenue, Canton, Illinois,
commonly known as "Historic Depot", and
WHEREAS, Lessee is a not for profit, 501(c)(3) corporation. Lessee seeks space in
Canton, Illinois, out of which to conduct bi-monthly blood drives that are open to the public.
WHEREAS, Lessee desires to enter into a lease agreement with the City for Historic
Depot for two (2) days per month from January 1, 2022 through December 31, 2022. Said space
would provide Lessee an area to conduct its blood drives and would not interfere with the
business the City conducts out of the Historic Depot.
WHEREAS, the City's best interests are served by entering into a lease agreement with
MVRBC that would allow the MVRBC to lease the Historic Depot for the sole purpose of
conducting its bi-monthly blood drives.
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. PROPERTY DESCRIPTION: This lease is for the following property: the
south room of the Historic Depot, 50 North Fourth Avenue, Canton, Illinois ("Leased Property").
2. TERM: The term of this lease shall be for one (1) year commencing on January
1, 2022, and ending on December 31, 2022 (the "Term"). This lease shall not automatically
renew at the end of the Term. Either party may terminate said lease by giving the other party
sixty (60) days written notice of its intent to terminate said lease.
3. LEASE PRICE: The rent will be $25.00 per rental date payable in advance or
by the first of every month. If rent is not paid by the fifth (5th) of the month, a late fee of$5.00
per day shall be added to the monthly rent until the rent is brought current. Rent is not
refundable or pro-rated.
4. USE: MVRBC may use the Leased Property for conducting its blood drives.
The Leased Property, for purposes of this Agreement, shall only be available to MVRBC for the
Use set forth in this Paragraph on the dates outlined on Exhibit A from 12:30 p.m. until 7:30 p.m.
5. UTILITIES: Rent shall include internet as well as water and electrical services,
provided said services are utilized reasonably for the Use of the Leased Property as set forth in
Paragraph 4.
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6. INSURANCE: MVRBC may obtain insurance in its own name to cover the
contents of the leased space that are owned by MVRBC. The City will not be liable to any
damage to the contents of the Leased Property that are owned by MVRBC. Additionally,
MVRBC shall obtain liability insurance to cover its employees and guests who use the Historic
Depot for the purposes of this lease, and the Mississippi Valley Regional Blood shall'include the
City as an additional insured thereon. Proof of insurance, in amounts satisfactory to the City,
shall be provided to the City prior to the commencement of the Term set forth above and shall
provide for no less than thirty '(30) days' notice of cancellation, material change, expiration or
lapse of said coverage.
7. TRANSFER, ASSIGNMENT, MAINTENANCE: MVRBC shall not assign,
delegate, transfer, sell or otherwise dispose of(collectively, "Transfer"), in whole or in any part,
any of its rights or obligations hereunder, to the Leased Property, to any person or entity without
the prior written consent of the City. MVRBC shall not obtain nor allow a lien or mortgage on
the Leased Property or any property owned by the City. MVRBC shall leave the Historic Depot
in good, clean condition and shall dispose of any garbage on the Leased Property. At the
termination of this Term, Lessee shall leave the Property in the same condition as it was in at the
commencement of the Term. Lessee agrees not to make any alterations, additions, improvements
or changes to the Property without written consent of the City.
8. TERMINATION OF AGREEMENT: This Agreement and any rights granted
to Lessee hereunder shall terminate on December 31, 2022.
9. NOTICES: Any notice, request, demand, waiver, consent, approval or other
communication which is required or permitted to be given to any party shall be in writing and
shall be deemed given only if delivered (or delivery is rejected) to the party personally or by
certified, return receipt requested U.S. mail, with postage and registration or certification fees
thereon prepaid, addressed to the party at its address set forth below:
Lessor:
City of Canton City of Canton
Attention: Mayor Attn: City Attorney
2 North Main Street 2 North Main Street
Canton, IL 61520 Canton, IL 61520
Lessee:
MVRBC
5500 Lakeview Pkwy
Davenport, IA 52807
10. GOVERNING LAW; CONSENT TO JURISDICTION: This Agreement shall
be governed by, and construed in accordance with, the laws of the State of Illinois.
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Each of the parties hereby irrevocably and unconditionally submits, for itself and its
property, for the commencement and determination of any cause of action arising out of this
agreement by the Ninth Judicial Circuit Court of Fulton County, Illinois, in any action or
proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any
judgment, and each of the parties hereby irrevocably and unconditionally agrees that all claims in
respect of any such action or proceeding shall be heard and determined in the Ninth Judicial
Circuit, Fulton County, Illinois, to the fullest extent permitted by law. The Ninth Judicial Circuit
Court of Fulton County, Illinois shall have sole and exclusive jurisdiction of any disputes arising
out of or related to this agreement, and the Ninth Judicial Circuit Court of Fulton County, Illinois
shall be the sole and exclusive venue for the resolution of any disputes arising out of or related to
this Agreement. Each of the parties agrees that a final judgment in any such action or proceeding
shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any
other manner provided by law.
i
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11. WAIVER OF JURY TRIAL: EACH OF THE PARTIES HERETO
IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT
OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.
12. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
between the parties with respect to the matters covered hereby and supersedes all prior
agreements and understanding with respect to such matters between the parties.
13. AMENDMENT; SUCCESSORS; COUNTERPARTS
a. The terms of this Agreement shall not be altered, modified, amended,
waived or supplemented in any manner whatsoever except by a written instrument signed by
each of the parties.
b. Except as otherwise set forth herein, nothing expressed or implied herein
is intended or shall be construed to confer upon or to give to any Person, other than the parties,
any right, remedy or claim under or by reason of this Agreement or of any term, covenant or
condition hereof, and all -the terms, covenants, conditions, promises and agreements contained
herein shall be for the sole and exclusive benefit of the parties and their successors and permitted
assigns.
C. This Agreement may be executed in one or more counterparts, each of
which, when executed, shall be deemed an original but all of which, taken together, shall
constitute one and the same Agreement.
14. INDEMNITY: MVRBC does hereby fully RELEASE, REMISE and forever
DISCHARGE the City, its agencies, and agents from all manner of action and actions, cause and
causes of actions, claims, demands, suits, debts, dues, damages, costs, loss of service, sums of
money, accounts, bonds, bills, specialties, controversies, agreements, promises, variances,
immunities, losses, trespasses, judgments, executions, expenses or compensations on account,
whatsoever, whether known, unknown, foreseen unforeseen, patent or latent, in law or in equity,
which MVRBC may have against said City, growing out of or original or arising out of any
transaction, occurrence, event or incident occurring at the Leased Property, and does hereby
covenant with the said City to indemnify and hold harmless the City for any and all said causes
of action, claims, demands, damages, costs, expenses and compensation on account of or in any
way arising out of any incident during the term of this Agreement or in any way arising out of or
related to this Agreement or the MVRBC's use of the of Leased Property.
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15. - SEVERABILITY: If any term or other provision of this Agreement is invalid,
illegal or incapable of being enforced by any rule of law or public policy, all other conditions and
provisions of this Agreement shall nevertheless remain in full force and effect so long as the
economic or legal substance of the transactions contemplated hereby is not affected in a manner
materially adverse to either party. Upon such determination that any term or other provision is
invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to
modify this Agreement so as to affect the original intent of the parties as closely as possible in an
acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent
possible.
16. RESERVED RIGHTS OF CITY: MVRBC understands that if the City
requires exclusive use of the Leased Property for any public purpose, which is inconsistent with
its occupancy of it, the City may terminate this lease by giving MVRBC sixty (60) days written
notice of its intention. Representatives of the City may come upon the leased property as
follows:
(1) At any and all times for the purpose of inspecting.
(2) To operate and maintain sewer, water, and gas pipes as well as any other utilities.
(3) To do any other work necessary to maintain any City property or City structures.
In the event of an emergency, the City may require exclusive use of the Leased Property
for any public purpose at that may be inconsistent with the MVRBC's use of the Leased
Property. In such event, the City shall provide notice to the MVRBC, and the City shall refund
MVRBC any rent already paid by the MVRBC for the period of the City's use that was
inconsistent with MVRBC's use of the Leased Property.
In the event the Mayor has issued a Declaration of Local State of Emergency or
otherwise believes the public health may require closing the Leased Property to the Lessee, then
the City shall provide notice to the MVRBC, and the City shall refund MVRBC any rent already
paid by the MVRBC for the period of the building closure that was inconsistent with MVRBC's
use of the Leased Property.
17. DEFAULT: It is expressly agreed that time of payment and the time of
performance of the obligations of the Lessee hereunder are of the essence of this Lease.
(a) If Lessee shall fail to pay rent or any other payment obligation due and owing to the
Lessor promptly on the date when same shall become due and payable hereunder and shall
continue in default for a period.of five (5) days after written notice of such failure by the Lessor
sent to the Lessee by Certified U.S. Mail, Return Receipt Requested, then, in such event and is
often as such default may occur, Lessor may declare a default hereunder by written notice of such
default to the Lessee.
(b) If Lessee shall fail to promptly keep and perform any other covenants of this Lease
(other than covenants requiring a payment to the Lessor) and shall continue in default for a period
of thirty (30) days after written notice thereof by the Lessor sent to the Lessee by Certified U.S.
Mail, Return Receipt Requested, then and in such event, and as often as such event shall occur,
Lessor may declare a default hereunder by written notice of such default to the Lessee.
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11-01-2021
(c) If MVRBC fails to vacate at the end of the lease term or lease has been transferred
other than in accordance with the provisions in Paragraph 7, then Lessor may declare a default
hereunder by written notice of such default to the Lessee.
(d) Upon a declaration of default as hereinabove set forth and the Lessee's failure to
cure such default within the times limited herein or by such notice is given herein, Lessor may
terminate this Lease and take possession of the Leased Property without further notice to Lessee,
change the locks on the doors and entryways to the Leased Property, remove Lessee's personal
property to a storage area at Lessee's sole expense and re-let the Leased Property to another Lessee
or Lessees without such action on the Lessor's part being deemed an acceptance or surrender of
this Lease in any way terminating Lessor's liability to the Lessor hereunder for all amounts and
obligations due and owing to the Lessor. Any and all amounts received by the Lessor from a lease
to a substitute Lessee shall be applied against any liability of the Lessee to the Lessor for any and
all amounts due and owing to the Lessor hereunder.
(e) Lessee shall remain liable for all payments which it is obligated to make hereunder
and all other expenses and charges incident to the Lease and/or such repossession or reletting,
including;'but not limited to,reasonable attorney's fees, court costs, expert witness expenses and all
other reasonable costs of suit thereon, less the amounts realized from any such reletting.
(f) Lessor shall also have the right and option, at its election, to terminate and cancel
this Lease together with all rights of the Lessee to possess, use or occupy the Leased Property, or
any part thereof, in the event the Lessee's defaults are not cured in accordance with this Paragraph
17. In the event of such cancellation, Lessor shall not be required to lease the Leased Property for
the account of the Lessee and Lessee shall have no further liability for rent accruing on and after
the date possession is delivered to the Lessor. However, Lessee shall remain liable to Lessor for all
sums due and owing to the Lessor which have accrued on or before the date possession was
delivered to the Lessor.
(g) Lessor is also granted the right by Lessee to dispose of Lessee's personal property
removed from the premises upon written notice to the Lessee of the date and time of said sale by
certified US mail,return receipt requested. Lessor is granted the right by Lessee to apply the funds
from said sale first to the expenses of sale and thereafter to any other sums due and owing to the
Lessor hereunder.
(h) The failure of the Lessor to insist upon strict performance of any one or more
occasion shall not be deemed a waiver of the Lessor's right to demand strict performance thereafter
of each and every covenant contained in this Lease.
CITY OF C TON, ILLINOIS
By: ,
Ke A. c4Cityy
or
Attest: Ir
Diana _avley-R , lerk
Mississippi Valley Regional Blood Center
By:
Holly Yates
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11-01-2021
e
(c) If MVRBC fails to vacate at the end of the lease term or lease has been transferred
other than in accordance with the provisions in Paragraph 7, then Lessor may declare a default
hereunder by written notice of such default to the Lessee.
(d) Upon a declaration of default as hereinabove set forth and the Lessee's failure to
cure such default within the times limited herein or by such notice is given herein, Lessor may
terminate this Lease and take possession of the Leased Property without further notice to Lessee,
change the locks on the doors and entryways to the Leased Property, remove Lessee's personal
property to a storage area at Lessee's sole expense and re-let the Leased Property to another Lessee
or Lessees without such action on the Lessor's part being deemed an acceptance or surrender of
this Lease in any way terminating Lessor's liability to the Lessor hereunder for all amounts and
obligations due and owing to the Lessor. Any and all amounts received by the Lessor from a lease
to a substitute Lessee shall be applied against any liability of the Lessee to the Lessor for any and
all amounts due and owing to the Lessor hereunder.
(e) Lessee shall remain liable for all payments which it is obligated to make hereunder
and all other expenses and charges incident to the Lease and/or such repossession or reletting,
including, but not limited to, reasonable attorney's fees, court costs, expert witness expenses and all
other reasonable costs of suit thereon, less the amounts realized from any such reletting.
(D Lessor shall also have the right and option, at its election, to terminate and cancel
this Lease together with all rights of the Lessee to possess, use or occupy the Leased Property, or
any part thereof, in the event the Lessee's defaults are not cured in accordance with this Paragraph
17. In the event of such cancellation, Lessor shall not be required to lease the Leased Property for
the account of the Lessee and Lessee shall have no further liability for rent accruing on and after
the date possession is delivered to the Lessor. However, Lessee shall remain liable to Lessor for all
sums due and owing to the Lessor which have accrued on or before the date possession was
delivered to the Lessor.
(g) Lessor is also granted the right by Lessee to dispose of Lessee's personal property
removed from the premises upon written notice to the Lessee of the date and time of said sale by
certified US mail, return receipt requested. Lessor is granted the right by Lessee to apply the funds
from said sale first to the expenses of sale and thereafter to any other sums due and owing to the
Lessor hereunder.
(h) The failure of the Lessor to insist upon strict performance of any one or more
occasion shall not be deemed a waiver of the Lessor's right to demand strict performance thereafter
of each and every covenant contained in this Lease.
CITY Oy CAN ON, ILLIN IS
By: POO
Kent c well, Mayor
Attest:
Diana Pavley-Rock, City Clerk
Mississippi Valley Regional Blood Center DBA ImpactLife
By: � �,
If 45 Y-ates Jim Watts
11-01-2021
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 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 , 2021.
Notary Public
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t
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 o4 f/Cc/)piU -' I)tzjj - RDe4ersonally 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 1 day of VW"21.
.l��rliN�L 6
Notary Public
OFFICIAL SEAL
CAROL E KOHLER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10102122
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11-01-2021
Exhibit A
The following are dates in 2022 for the Canton Historic Depot to be rented by the MVRBC from
12:00-7:00pm for the purpose of holding blood drives.
Wednesday, January 12
Wednesday, January 26
Wednesday, February 9
Wednesday, February 23
Wednesday, March 9
Wednesday, March 24
Wednesday, April 6
Wednesday, April 27
Wednesday, May 11
Wednesday, May 25
Wednesday, June 8
Wednesday, June 22
Wednesday, July 13
Wednesday, July 27
Wednesday, August 10
Wednesday, August 24
Wednesday, September 14 Wednesday,November 23
Wednesday, September 28 Wednesday, December 7
Wednesday, October 12 Wednesday, December 21
Wednesday, October 26
Wednesday,November 9
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