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HomeMy WebLinkAboutOrdinance #4387 ORDINANCE NO. 4387 ORDINANCE AUTHORIZING THE MAYOR TO MAKE A LEASE NOT EXCEEDING TWO (2)YEARS WITH FULTON COUNTY COURT SERVICES WHEREAS, Section 11-71-1 of the Illinois Municipal Code grants the City of Canton (the "City") the power to authorize a municipal officer to make leases for terms not exceeding 2 years in such manner as the corporate authorities of the City may determine (See 65 ILCS 5111- -76-1); WHEREAS,the City of Canton owns real property located at 2 N. Main Street, Canton, Illinois 61520 that contains an office leased and used for certain probation services by Fulton County Court Services (the"Premises"); WHEREAS, the corporate authorities of the City of Canton has determined that the best interests,of-the City-of-Canton and its residents will be served by the approval-of a:lease to Fulton County Court Services for a period not exceeding two (2)years. 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 to make and execute a lease (the "Lease") for the Premises with Fulton County Court Services not exceeding two (2) years, as well as such other documents as may be necessary to the conveyance herein authorized. In no event shall the term of the Lease extend beyond January 31, 2025. The rent shall be no less than$475.00 per month. 3. The form of the Lease shall be substantially in the form as attached hereto as "Exhibit- A," and the Mayor may make any revisions- he deems- necessary, subject to the requirements of Section 2 above. 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 now holding office, and approval in the manner provided by law. PASSED: January 16, 2024 AYES:Alderpersons Grimm,Nelson,Lovell,Hale, Gossett,Ketcham, Lingenfelter NAYES:None ABSENT: Alderperson Chamberlin APPROVED: January 16, 2024 APPROVED: VgA� � M,) �:,o Kent A. McDowell, r ATTEST: Brea J. mith-Walters, City Clerk LEASE AGREEMENT between the CITY OF CANTON,ILLINOIS and FULTON COUNTY COURT SERVICES Dated as of January 2 1,2024 Prepared by and Return to: City of Canton 2 N. Main Street Canton, IL 61520 CITY OF CANTON CITY HALL OFFICE LEASE The City of Canton, an Illinois municipal corporation ("City" or "Lessor") makes this lease with Fulton County Court Services, as tenants, ("County" or "Lessee"), effective January , 2024. WHEREAS, the City owns property located at 2 North Main Street, Canton, Illinois, commonly known as "City Hall." Within City Hall are various offices which the City uses for conducting its business as a municipality. he City has one (1) office which it does not currently use for City purposes; WHEREAS, Lessee is an agency of the Ninth Judicial Circuit of the State of Illinois and conducts probation meetings for the citizens of Fulton County, and Lessee seeks an office in Canton, Illinois, to conduct its probation appointments and other probation-related business (collectively"Probation Services"); WHEREAS, Lessee desires to enter into a lease agreement with the City for the office located on the south side of the first floor of City Hall to provide Lessee an office area to conduct its Probation Services; WHEREAS, the City's best interests are served by entering into a lease agreement with County that would allow County to lease the office located on the south side of the first floor of City Hall to conduct its Probation Services; 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 office space: one (1) office space located on the south side of the first floor of City Hall, 2 North Main Street, Canton, Illinois (the room currently designated as the Probation Office) (the "Leased Property"). 2. TERM: The term of this lease shall be for one (1) year commencing on February 1,2024, and ending on January 31, 2025. 3. LEASE PRICE: The rent will be $475.00 per month 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$10.00 per day shall be added to the monthly rent until the rent is brought current. Rent is not refundable or pro-rated. 4. USE: County may use the Leased Property for conducting its Probation Services. In the event it is necessary for the County's clients to wait outside of the office space described above, the County will instruct its clients to use the waiting area on the east side of City Hall and they shall remain in the east side waiting area during their time at City Hall. Disruptive or destructive behavior in the waiting area will not be tolerated, and the City reserves the right to Page 1 of 5 order any persons to leave the premises. County shall be responsible for repairing any and all damage caused by its clients or employees during their use of the waiting area. County will instruct its clients that City staff is not involved in County's services and cannot answer questions regarding County's services nor perform services on behalf of the County. 5. UTILITIES: Rent shall include internet and phone service, as well as water and electrical services. Lessee shall be responsible for all other utilities affected the Lease Property. 6. INSURANCE: County may obtain insurance in its own name to cover the contents of the leased space. The City shall not be liable to any damage to the contents of the Leased Property. 7. TRANSFER, ASSIGNMENT, MAINTENANCE: County 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. County cannot obtain a lien on Leased Property. County shall maintain the interior of the office in good condition and shall provide its own cleaning services, including but not limited to disposing of any garbage in leased property. 8. TERMINATION OF AGREEMENT: This Agreement shall terminate and be of no further effect as of January 31, 2025. This Agreement may be terminated upon sixty (60) days' written notice to the other party or the mutual consent of all parties hereto. 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 Canton, IL 61520 Street Canton, IL 61520 Lessee: Fulton County Court Services Attn: Chief Judge c/o Mary Davis Home 1319 E. Fifth Street Galesburg, IL 61401 Page 2 of 5 10. GOVERNING LAW; CONSENT TO JURISDICTION; SERVICE OF PROCESS: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. Each of the parties hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any Illinois court and any appellate court from any jurisdiction thereof, 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 may be heard and determined in any such Illinois court or, to the fullest extent permitted by law, in such federal court. 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.Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement. Each of the parties irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in any Illinois state or federal court. Each of the parties hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. Each of the parties hereby consents to service of process by mail. 1.1. 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. Page 3 of 5 1.4. INDEMNITY: County does hereby fully RELEASE, REMISE, and 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 County 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 do hereby covenant with the said City to indemnify and save it/him/her harmless for all said claims, demands, costs, expenses and compensation on account of or in any way arising out of any incident during the term of this Agreement and County uses the Leased Property at its own risk. 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 effect 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: County 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 County sixty (60) days written notice of its intention. Representatives of the City may come upon my leased property as follows: a. At any and all times for the purpose of inspecting. b. To operate and maintain sewer, water, and gas pipes as well as any other utilities. c. To do any other work necessary to maintain City Hall and its structures. .1.7. DEFAULT: Lessee understands that the City may, at its option,terminate this lease: a. If Lessee fails to perform its duties under this lease and fails to remedy the non-performance after sixty (60) days written notice from the City. b. If Lessee fails to vacate at the end of the lease term. c. If this lease has been transferred other than in accordance with the provisions in paragraph 12. Upon termination, the City may without further demand or notice, enter and take possession of the premises and expel me or anyone else found there without being guilty of forcible entry of trespass and without liability for loss or damage. All buildings and other improvements at the option of the City may become the City's property in full settlement as liquidated damages. Page 4 of 5 CITY OF CANTON, ILLIN S By: ��l 4 t A. cDow , Mayor Attest: Andrea J. Smith-Walters, City Clerk STATE OF ILLINOIS ) COUNTY OF FULTON ) SS. 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, thiNday o ,2024. Notary Public FULTON COUNTY COURT SE ICES OFFICIAL SEAL CAROL E KOHLER By: NOTARY PUBLIC,STATE OF ILLINOIS Hon. David Vancil MY COMMISSION EXPIRES:10/02/2026 Chief Judge of the Ninth Judicial Circuit of Illinois STATE OF ILLINOIS ) COUNTY OF -I:IL ) SS. I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Judge David Vancil, 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 he signed, sealed, and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal,this ay of J4-ftmary 2024. Notary Public =NOTAXY�PUBLIC EAL Page 5 of 5 EBBING g TE OF ILLINOIS res 06-26-2026 23