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HomeMy WebLinkAboutResolution # 3431RESOLUTION NO. 3431 A RESOLUTION APPROVING A LAKESHORE LEASE BETWEEN THE CITY OF CANTON AND CANTON YOUTH ORGANIZATIONS A/K/A CANTON YOUTH ACRES WHEREAS, Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the attached Lakeshore Lease be approved and entered into by the City of Canton; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the Lakeshore Lease, a copy of which is attached as Exhibit A, is hereby approved by the Canton City Council and the Mayor and City Clerk are hereby directed to execute and deliver the same on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 4th day of August , 19 98 upon a roll call vote as follows: AYES: Aldermen Molleck, Phillips, Sarff, Meade, Nidiffer, May, Shores. NAYS: None, ABSENT: Alder~z Hartford. APPROVED: onald E. Edwards, Mayor Attest: Nan VVhi s, City Clerk. (above this line for recordit-g purposes) LAKESHORE LEASE The City of Canton, an Illinois municipal corporation ("City") -makes this lease with our organization, Canton Youth Organizations a/k/a Canton Youth Acres, an Illinois not for profit corporation, ("Lessee") on the day of , 1998. The City, as a part of its municipal water supply has a large artificial lake called Lake Canton. The City has shoreline property, however it must {protect the lake from pollution, undue erosion and other injury which it can do best if it owns the land but leases under terms and -conditions which will protect- the lake. 1. DESCRIPTION: This lease to me/us is for the following real estate: Apart ofxhe southeast .quarter of Section Nineteen (19), also a part of file Northeast quarter of the Southwest quarter of Section Nineteen (19), also a part of the southeast Quarter, of xhe Northwest Quarter of gection Nineteen (19), (of Orion), Township Seven North, Range Five East of the Fourth Principal Meridian, Fulton bounty, Mate ~f Illinois -and more particularly described as follows: Beginning at a stone at the center of Section Ninteen l19), thence North _89 degrees -19 minutes Fast along .the North line of the Southeast Quarter of Section Ninteen (19), for a distance of 1726 feet; thence mouth for a distance of 141 feet; thence youth, b0 degrees West for a distance of 1368.3 feet to a concrete Monument; thence South 60 degrees West fora _distance _of 1 b5.6 .feet to a concrete monument, thence South, 60 degrees West to Point "A" at the water's edge of Lake Canton, Again, beginning _at a stone at -the .center ~f .Section Nineteen (19); thence South 60 degrees West for a distance of 651.7 feet to a concrete mczum-ent; thence youth, b0 degrees Wcst to Point "B" at the water's edge of Lake Canton; thence in a Southernly meandering direction along the water's edge of Lake Canton to Point "A" noted above. Again, beginning at a stone at the center of Section (19) Nineteen, thence North 0 degrees 33 minutes East along .the East Line of the Northwest Quarter of Section Nineteen (19) for a distance of 203.1 feet; thence South 89 degrees OS minutes West .for a distance of 40 .feet; thence South 0 degrees 33 minutes West for a distance of 226.2 feet more or less to Point "C" on the line running frorxi the center .of Section Nineteen (19) to Point "B" at the water's edge of Lake Canton; thence North 60 degrees East to the Place of Begirming, .all of the above being- 73.42 acres xnc~re or less, EXCEPT the subdivision known as "Lake Breeze Addition". 2. TERM: The .term of -this lease shall be for a period of twenty (20) years -from this date provided that an additional year shall be added to its term on each anniversary date hereof so that there shall .always be a minimum of _nineteen years and one Clay remaining on the term. 3. USE: We may use the leased property for recreational purposes for youth under its jurisdiction. We may .not use -the property for any other uses arpurposes .and at all times we must protect the lake. 4. RENT: As rent our organization will pay to the City the sum of One Dollar per year in advance on or .before the first day s~f May at the office of the City Water Department or other places designated by it, payment to be made on or prior to May 1. To secure. the Payment ofxent and -other agreements in this lease -the City shall have the superior lien (inferior only to mechanic's liens) on all improvements on the leased property in additiop to any- other liens and remedies it may have at-law. At the flptis~n of the .City, its lien may be enforced in equity or by distress or by foreclosure sale. 5. MORTGAGE: _The _leased _pI'oPerty _ shall _not _be ~nartgaged, -pledged , ~- otherwise used as security by our organization. 6. TAXFrS: W~ will ~a_y all xaxes and _assessments ~.n xhe leased ~r_operty, if any, before they become delinquent. 7. UTILITIES: We understand that we are to pay all charges for water, garbage removal, glectricity, gas or other service for .the leased -prflperty. 8. BUILDINGS: Before we build anything on the lease premises, we must submit plans showing Plumbing and .sewage disposal, location on lot, etc. to .the City and obtain written approval (usually a building permit) from the City. If we build without approval, the City may remove what we build and charge us for the removal. No one else's lien may attach to any improvement built without the City's written approval. 9. INSURANCE: We understand that we may obtain insurance in our own name on any improvements, however, the City will not be liable for damage to our property. 10. WATER LEVEL: It is understood that the City will not be responsible for maintaining .any per-fain lake level and will not be responsible for damage caused to improvements or other property of ours by the action of the waters. 11. GENERAL REGULATIONS: We will: a. Keep the leased land neat and clean and free from noxious weeds and debris. Also we will maintain the improvements in good repair. b. Install and maintain such facilities for the disposal of sewage, solid or liquid waste as rrray be required by the City, Fulton County Health Department, State Department of Public Health or other public authority for sanitation and public health. If sewer connections are available and the City so orders, we will connect to the sewer. In no instance will we allow sewage to enter the lake from our property. c. Care for and protect from injury all shade and ornamental trees, shrubbery and .sod and we will nat remove trim, or Permit the removal or trimming of any trees more than three inches in diameter without the consent of the City. d. We will not permit any of our property to be denuded of vegetation or to be cultivated in such manner as to cause or permit soil erosion. Further we agree to maintain the shoreline in good condition. e. Exclude Lhe .general .public -from our property and from that part of the lake within 25 feet of the shore line of our leased property. (except as to navigation f. Obey all rules, regulations and ordinances of the City pertaining to leased lots, the lake and surrounding lands and will not allow violations by the users of our leased property. g. Not permit on or near our property anything in violation of any law -- State, Federal or .municipal, or the regulations of any public authority. h. Not cause nor permit any objectionable noise or odor to be emitted from our property; nor will we .keep on our property any domestic livestock, poultry or noisy or dangerous dog. i. Not do nor permit anything to be done or remain on our property or in or on the lake in any way tending to pollute the waters or to create a nuisance or disturb the peace or quiet of the neighborhood or annoy any occupant of neighboring property. j. Not allow yard waste inCltidinggrass ,linnin c leaves orlikematerial to enter the 'lake from our property. k. Not use -herbicides nor insecticides .near -the water of xl~e lake nor anywhere' where rain may wash these chemicals into the lake except with the written permission of the Water. superintendent of the City. 1. Not extend any structure into the lake such as a dock, boat lift or any other structure more than fifteen feet -115') from .the normal shoreline. The "normal shoreline" is determined when the water level is even with the top of the spillway. Further wE will not install any separate structure such as a fence, post, etc. below the normal water surface. 12. TRANSFER: Except as hereinafter provided under "SLII3lLEASING", we understand we may not assign or transfer this lease or any interest in it. Similarly the lease may not be transferred by a receiver, trustee in bankruptcy or other representative of our organization nor may it be transferred by operation of law, legal process or any other means whatsoever without the written consent of .the City, which consent will not be unreasonably withheld. 13. VOLUNTARY CANCELLATION: We may surrender this lease if we have fully performed the duties and thus be relieved of any further obligation under it. 14. RESERVED RIGHTS OF CITY: A. We understand that if the City requires exclusive use of the leased property for any public purpose which is inconsistent with our occupancy of it, the City may terminate this lease by giving six months written notice of its intention and paying for the value of improvements. Should we not be able to agree on value, we will select an appraiser and the City will select one and these two will select a third. The ultimate determination will be binding on us. B. Representatives of the City may come upon the leased property as follows: (1) At reasonable times to inspect same. (2) At any time to gain needed access to other land. (3) To plant and care for trees and other vegetation. (4) To construct, operate and maintain sewer, water and gas pipes, electric lines and pipes and lines for other services and their appurtenances. (5) To improve and protect the shoreline. (6) To do any other work necessary to maintain the lake or its structures. 15. DEFAULT: We understand that the City may, at its option terminate this lease: A. If we fail to perform our duties under this lease and fail to remedy the non performance after sixty (60) days written notice from the City. B. If we fail to vacate at the end of the lease term. C. If the lease or any part thereof has been transferred other than in accordance with the provisions in paragraph 12 or those under "SUBLEASING" (Paragraph 16). D. Upon termination, the City may without further demand or notice, enter and take possession of the premises and expel anyone found there without being guilty of forcible entry or 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. 16. SUBLEASING: As Lessee we understand that we may not sublease any of the leased property except as .provided in this paragraph of the lease. The only leased property which we may sublease is that which is located between the shoreline of the lake and Lots 1 through 9 ofDal Bar subdivision. All subleases shall contain language to this effect: "Uwe understand that we shall be allowed to construct boat docks and boat houses as approved by the .sublessor (Canton Youth Acres). All boat houses shall be of temporary construction. No permanent buildings may be constructed in the area and as sublessee I/we shall keep the area clean .and free of debris to the satisfaction of Canton Youth Acres. Uwe understand that subleased area may not be used in any manner for commercial use or monetary gain." Subleases shall generally be in the form attached to this lease as "Exhibit A". CITY OF CANTON, ILLINOIS DEPARTMENT OF LAKE DEVELOPMENT By: Donald E, Edwards, Mayar Attest: Nancy Whites, City Clerk James Hartford, Chairman Lake Development Canton Youth Organizations a/k1a Canton Youth Acres, an Illinois not for profit corporation, Attest: By: President Secretary 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 Donald E. Edwards, Mayor and Nancy Whites, City Clerk, and James Hartford, Chairman of Lake Development Committee, of the City of Canton, Illinois, personally known to me to be the same persons and such officers, respectively, whose names 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 the free and voluntary act of the said City, for the uses and purposes therein set forth, pursuant to due authority conferred by its Council. Given under my hand and notarial seal, this day of 19 Notary Public. 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 ,and personally known to me to be the same persons and such officers, respectively, whose names 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 the free and voluntary act of the _Canton Youth Organizations, alk/a Canton Youth Acres, for the uses and purposes therein set forth, pursuant to due authority conferred by its organization. Given under my hand and notarial seal, this day of 19 Notary Public. LEASE AGREEMENT Youth Acres Board of Directors (known as Lessor herein) agree to sublease Youth Acre's lakefront water right for the area of water bordering the Lessee's (leased) real estate property at Canton Lake Canton IL to ~C`f1A ~lqn/6rc~ (and) for the 12 month period from (known as Lessees herein), for the sum of $100 May 1, 1998 through May 1, 1999. By execution of this lease agreement, Youth Acres Board of Directors assumes no liability for damages, or injuries which occur in the area of water adjoining the Lessee's property, which may arise during this lease period as a result of the Lessee's, or their guests' use of the water area, nor that of strangers to either party who may use the water area, with or without the consent of the Lessee or Lessor, other than as ordained by laws of the State of Illinois. Further, the Lessee agrees to maintain the water area in an environmentally responsible manner. No items or solutions composed of toxic chemicals, petroleum products, solid wastes, metals, rubber, wood (other than for construction purposes), fiberglass, plastics, asbestos, or other environmentally harmful items ccmtaining such materials or compounds, may be placed in the water area. No trash, refuse, tree limbs/trunks, lawn mulch, sunken water craft, abandoned machinery or conveyances may be discarded in the water area. The Lessee assumes responsibility for the clean-up of pollutants, debris or conveyances deposited into the water by the Lessee or the general public, as mandated by law. The water area may not be used for any commercial purpose to conduct a business of any nature. The water area may not be developed or built upon without the consent of the Lessor, other than for the construction of a wooden boat dock, which is easily removable to dry land without the use ofextra-ordinary means or equipment. Should the lease be terrrrinated at the Lessor's or Lessee's discretion, any valuable construction in the water may become the property of the Lessor, at the Lessor's discretion, should the property not be removed after 60 days of the cessation of winter weather, andlor notification to remove such at other times of the year. All other mobile property of the Lessee's must be removed from the water within 30 days of temunation of the lease by the Lessee, or the Lessee assumes financial responsibility for removal of property deemed undesirable or unwanted by the Lessor. Any such object or construction on the adjoining shoreline which may pose a risk of liability, pollution or public nuisance to the water arts, must also be removed from the vicinity of the water at the Lessee's expense. Should the lease be terminated by either party, then the Lessee gives up all rights to use the water area in any manner. The following actions will be considered trespassing upon cessation of the lease: swimming in the water area, the launching/removal, or embarking/disembarking to or from any water craft into the water area; storage or parking of water craft at any time. Further, the Lessor reserves the right to terminate the lease within the lease period for any reason, pro-rating the return of monies paid by the Lessee before scheduled termination of the lease. Reasonable time will be accorded, as per the preceding terms, t'or the Lessee to remove their personal property. Lease will be automatically renewable, with payment due May I of the following year, unless prior written notification is given by either party to the other party. Should the lease be canceled by the Lessee, the Lessee forfeits all monies paid in advance to the Lessor. The Lessee may extend this lease to a party purchasing their real property on the land that adjoins the area of water being leased. The Lessor is not entitled to pro- rate the rent monies already paid to it by the Lessee in the event of such a sale. The Lessor assumes no responsibility, nor liability resulting from the misrepresentation of this lease to the new Lessee by the original Lessee. All terms and conditions of this lease are binding upon the transfer/re-assignment of the lease to a new Lessee by the previous Lessee. The following parties agree to the terms of this Lease, this day of 1998: Lessee ,/' Authorized Agent M` Youth Acres Board of Directors Lessee