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R-41-08 06/23/2008RESOLUTION RESOLUTION APPROVING TERMS OF LEASE WITH KALLEMEYN AUTO REBUILDERS FOR LEASE OF VILLAGE PROPERTY ALONG THE I & M CANAL WHEREAS, the Village of Lemont seeks to enter into a multi -year lease with Kallemeyn Auto Rebuilders for lease of Village Property along the I & M Canal; and WHEREAS, the terms and conditions of the lease are set forth in the document attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the Village President and Board of Trustees that the document attached hereto as Exhibit A is hereby adopted and approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this 23rd day of June , 2008. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT 1/ f JOHN . PIAZZA, Vill ge si ent ARLENE SMOLLEN, Village Clerk VILLAGE OF LEMONT, ILLINOIS LEASE This indenture, in duplicate, is made and entered into this 1st day of May , 2008 , between the VILLAGE OF LEMONT, ILLINOIS, hereinafter known as the LESSOR, and 16039 New Avenue. LLC. , hereinafter known as LESSEE. 1. WITNESSETH: That the Lessor for and in consideration of the covenants hereinafter mentioned, and subject to any and all laws or ordinances now in force or hereafter enacted governing said land or the said Village of Lemont, Illinois, hereby lets and leases unto the Lessee, for the term of ten years , beginning on the 1st day of May , 2008 , and ending on the 30th day of April , 2018 , that portion of the Illinois and Michigan Canal lands, property of the Village of Lemont, Illinois, described on the rider attached hereto as "Exhibit A" and made a part hereof. Said exhibit is subject, however, to all the conditions, limitations and restrictions hereinafter contained. 2. IT IS AGREED: That the Lessee, for the use and occupation of the said tract of land, does hereby covenant and agree to and with the Lessor, that Lessee will pay to the Lessor, as rent, the sum of One hundred twenty thousand and 00/100. payable as follows: 860.000 upon execution: 860.000 payable 1/2/09. ($ 120.000.00 ) dollars, payable in two (2) installments. In Lease Years 2010 through 2018, the annual lease rate of $1,981.66 increased annually by a 3% cost of living adjustment will be due and payable on May 1 of each year. 3. IT IS FURTHER COVENANTED AND AGREED that the Lessee shall not build, place, erect or install any additional structure or do any work of any kind on the leased premises, other than herein authorized, without the express prior written approval of the Lessor. All improvements authorized in accordance with the terms and considerations of this Lease shall be and remain the property of the Lessee and may be removed by him at or before the expiration of this Lease by efflux of time. If this Lease shall be cancelled before its expiration by efflux of time, the party of the second part shall remove such buildings within thirty (30) days after the time this Lease shall be cancelled. Unless said buildings shall be so removed within the time named, the same, at the discretion of the Lessor, shall be removed at the expense of the Lessee, and the Lessee hereby agrees to pay all such expenses. Lessee agrees to restore the leased premises at the termination or cancellation of this Lease to the same or better condition as existed at the commencement of this Lease, ordinary wear and tear expected. 4. Lessee shall not sublet, sublease, assign or otherwise permit the use or occupancy of the above - described leased premises, or any part thereof, without the prior written consent of Lessor. No holding over by Lessee shall operate to renew this Lease. 5. It is specifically understood that the leased premises shall not be used for a junk yard, the burning of refuse, deposition of debris, waste or material, or for any other unsanitary or unhealthful purposes of any kind or nature, or any other unsanitary or unhealthful purposes of any kind or nature, or any other use or occupancy thereof contrary to any Federal, State, or local laws or regulations. 6. Lessor hereby reserves the right to cancel this Lease at any time in case of violation by Lessee of any of the terms and conditions of this Lease, and Lessor shall possess the right to declare this Lease void and upon demand, to re -enter and repossess said premises and Less shall surrender said premises to Lessor. The premises herein leased forms a part of and is located within the limits of that part of the Illinois and Michigan Canal lying within the County of Cook, State of Illinois, upon which the Department of Public Works and Buildings of the State of Illinois or the Village of Lemont or County of Cook with the permission of the Department of Public Works and Buildings deems necessary to use the leased premises, or any part thereof, for any purpose, the parties hereto agree that Lessor shall have the right to cancel this Lease upon giving thirty (30) days notice to said Lessee. 7. Lessor makes no guarantees or assurances regarding the condition of any improvements situated on the above - described premises and Lessee shall be fully responsible for the maintenance of all said improvements. 8. This Lease shall not be construed to release Lessee from any liability for damage to persons or property resulting from or in consequence of the use and occupation of the demised premises and does not sanction any injury to private property or invasion of private rights. Lessee shall procure all permits and licenses, pay any and all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of any activities conducted on the above - described premises when such permits, licenses and notices are required by any Federal, state or local laws, ordinances or regulations. 9. The Village of Lemont hereby reserves the right of access over, upon and through said leased premises for the construction, operation and maintenance of the Canal, its facilities and appurtenances and for other reasons; such reservation includes the right of access for other lessees of Village -owned Illinois and Michigan Canal lands. 10. Lessee agrees that it will protect and save and keep the Lessor forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any laws or ordinances, and that Lessee will at all times protect, indemnify and save and keep harmless the Lessor against and from any and all loss, cost, damage or expense, arising out of or from any accident or other occurrence on or about said premises, causing injury to any person or property whomsoever or whatsoever and will protect, indemnify and save and keep harmless the Lessor against and from any and all claims and against and from any and all loss, cost, damage or expense arising out of any failure of Lessee in any respect to comply with and perform all the requirements and provisions hereof. 11. It is further covenanted and agreed that the Lessor shall not be liable to the Lessee for claims for any damage or injury to property owners of adjacent or contiguous property, all claims for such damage or injury being hereby expressly waived by the Lessee. 12. Lessee shall be responsible for surface drainage rights of adjoining lands, over, under and across said parcel and for providing for all drainage presently being accepted by any water course in the area, both above and through the leased premises, and provisions for altering such drainage shall be subject to approval by Lessor in writing. 13. Lessee shall be responsible for the removal, replacement, and/or modification of any and all structures owned by Lessee situated on the leased premises, which in the sole discretion of the Lessor, must be removed, replaced, and /or modified in order to provide present and future drainage, recreational, or other use and development of the Illinois and Michigan Canal. All costs and expenses incurred as a result of said removal, replacement and /or modification of said structures shall be borne by Lessee. Further, if it is determined by Lessor that any use of the lease premises by Lessee is, or may be hazardous to present or future public use of the Illinois and Michigan Canal, Lessee, at its sole expense, upon demand by Lessor, shall install such safety devices or make such modifications as to render said leased premises safe and compatible with said public uses. In the event that Lessee fails to conform to the terms of this provision within ninety (90) days from the date that demand is received from Lessor to remove, replace and/or modify the above - described structures, or to render the leased premises safe and compatible for public purposes, this Lease shall be cancelled by Lessor and all rights of Lessee under this Lease shall be forfeited. 14. It is further covenanted and agreed that Lessee agrees to indemnify and hold the Lessor harmless against any and all claims, loss, damages, costs or expenses, including attorney's fees, that may be incurred by the Lessor as a result of ownership or interest in said premises. 15. The Lessee hereby irrevocably constitutes any attorney of any court of record in this state, attorney for Lessee in Lessee's name, on default by Lessee of any of the covenants herein, and upon complaint made by Lessor, his agent or assigns, and filed in any such court to enter Lessee's appearance in any such court of record, waive process and service thereof, and confess judgment, from time to time, for any rent which may be due to Lessor or the Lessor's assignees, by the terms of this Lease, with costs and a reasonable sum for attorney's fees and to waive all errors and all rights of appeal from said judgment, and to consent in writing that a writ of execution may be issued immediately. 16. It is understood and agreed that in addition to the lease amount, the lessee shall pay any real estate taxes which may be assessed against the Village by the Cook County Collector. 17. The Village makes no representation and/or warranties as to ownership of the demised premises but does represent that they are a grantee in a deed from the State of Illinois subject to covenants, conditions and restrictions of record. WITNESS, the signatures of the parties hereto on the day and year first above written. Attest: VILLAGE OF LEMONT, ILLINOIS BY: TITLE: DATE: LESSEE: DATE: