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R-68-05 Approving The Request For A Five (5) Year Extension Of The Sublease Agreement Regarding Utilization Of The Lemont Train StationRESOLUTION 'lpb 1 `-J/ RESOLUTION APPROVING THE REQUEST FOR A FIVE (5) YEAR EXTENSION OF THE SI'BLEASE AGREEMENT REGARDING UTILIZATION OF THE LEMONT TRAIN STATION WHEREAS, the Village of Lemont seeks to grant the Lemont Area Chamber of Commerce their request for a Five (5) year Extension as set forth in the attached Sublease Agreement, and WHEREAS, the Vilaage Master Lease with the Commuter Rail Division of the RTA (Metra) requires that any sublease be approved by said organization, and WHEREAS, the Commuter Rail Division of the RTA (Metra) supports the extension of the Sublease to the Lemont Area Chamber of Commerce NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND MEMBERS OF THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, ILLINOIS that the request for a Five (5) year extension of the attached Lemont Train Station Sublease Agreement be 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 Day of,..141i2, 2005 Debby Blatzer Peter Coules Brian Reaves Cliff Miklos Ronald Stapleton Jeanette Virgilio Att• t: AYES NAYS PASSED ABSENT v v HARLENE SMOLLEN, Village Clerk JOH IAZZA, ilia e Presi e LEMONT TRAIN STATION SUBLEASE AGREEMENT WHEREAS, the VILLAGE OF LEMONT is a Lessee under a Lease Agreement dated the 14th day of May, 1990 wherein the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION is the Lessor; and WHEREAS, the Lessee is currently in good standing and has fully complied and performed all of the terms and conditions of said Lease; and WHEREAS, the Lease hereinafter referred to as the "Master Lease," specifically paragraph 18, provides that the Lessee shall have the right to Sublease all or any part of the property; and WHEREAS, the Lessee is desirous of Subleasing said property to the LEMONT AREA CHAMBER OF COMMERCE, an Illinois Non - For - Profit Corporation; and WHEREAS, the Lessee has provided a true and exact copy of said "Master Lease" and the proposed Sublessee hereby acknowledges receipt thereof. NOW, THEREFORE, in consideration for the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. The VILLAGE OF LEMONT, hereinafter referred to as Sublessor, hereby Subleases under the terms of the "Master Lease ", the commuter station building, more particularly described on the attached Exhibit and hereinafter referred to as the subject property, to the LEMONT AREA CHAMBER OF COMMERCE, hereinafter referred to as Sublessee, as and for the consideration hereinafter set forth. a. The parties hereby agree that this Sublease shall be in effect until August 30, 2010 and that the Sublessee hereby agrees to pay to the Sublessor the sum of One Hundred Dollars ($100.00) per month beginning on the 1st day of September, 2005 and on the 1st day of each month thereafter. b. As long as the Sublessee is not in default of any of the terms and conditions of the Lease and further subject to the approval of the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION, the Sublessee shall have an option to renew this Lease for an additional five (5) year period as long as written notice is given at least 90 days prior to the date of termination of the original term. c. In addition to the monthly rental as specified above, the Sublessee agrees that any expense incurred due to improvements made (i.e. painting, carpeting and construction of shelving in the office portion of the depot building, will be the sole responsibility of the Sublessee and would not be considered improvements under paragraph 18b of the Master Lease. d. In addition to interior maintenance, the Sublessee shall provide general landscape maintenance surrounding the depot and parking lot area. e. The Sublessee further covenants and agrees that they shall be responsible for and perform all conditions as set forth in the Master Lease, and any breach thereof shall constitute a breach under this Sublease. f. The Sublessee shall not be responsible for any utility costs, except for its own telephone service and scavenger service. g. Subject to the approval of the Village of Lemont and the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION, the Sublessee shall be permitted to use a part of the commuter area station as long as the use is for a commuter convenience service. h. The Sublessee shall not be required to sell any train tickets on the premises or to perform any functions of the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION. 2 2. The Sublessor hereby agrees that during the term of this Sublease, two (2) parking spaces next to the depot building shall be allocated for use by the staff of the LEMONT AREA CHAMBER OF COMMERCE while employed at the depot. Visitors to the Lemont Area Chamber of Commerce Office shall be able to park in the commuter lot during the hours of 10:00 a.m. to 4:00 p.m. so long as such use does not interfere with commuter parking. 3. Sublessee agrees to indemnify, defend and hold harmless the Sublessor and Sublessor's Landlord from any expense or liability, including reasonable attorneys fees, liability for damages to any person or property in, on or about said Premises from any cause whatsoever, and Sublessee will procure and keep in effect during the term hereof the following insurance coverage: (1) WORKERS' COMPENSATION Coverage A - Statutory Coverage B - S100,000.00 (2) COMPREHENSIVE GENERAL LIABILITY (BROAD FORM): (3) $250,000.00 Each Occurrence Bodily Injury Liability & Property Damage Liability (COMBINED) $500.000.00 Aggregate Additional Insured shall be as follows: Northeast Illinois Regional Commuter Railroad Corporation d /b /a Metra Metropolitan Rail, Commuter Rail Division, and the Village of Lemont. 3 Sublessee agrees to place the aforesaid insurance with a responsible insurance company satisfactory to Sublessor and to name Sublessor and Sublessor's Landlord as additional insured parties. Sublessee shall deliver said policies or certificates thereof to the Sublessor and any failure to do so, will allow the Sublessor, at its option, to obtain such insurance and the cost thereof shall be paid as additional rent due and payable upon the next ensuing rent day. All such policies shall provide that they may not be cancelled or altered except upon 10 days prior written notice to the insured parties. 4. Nothing herein shall prohibit the sublessee from entering into a contract for outside services for the sale of carry -out non alcoholic drinks such as coffee, tea, milk or juice and carry -out food such as rolls and donuts and sandwiches. Generated income to be used for janitorial services and rental payments to the Village. 5. If default be made in the payment of the above rent, or any part thereof, or in any of the covenants herein contained to be kept by the Sublessee, Sublessor may at any time thereafter at his election declare said term ended and re -enter the Premises or any part thereof, with or (to the extent permitted by law) without notice or process of law, and remove Sublessee or any persons occupying the same, without prejudice to any remedies which might otherwise be used for arrears of rent, and Sublessor shall have at all times the right to distrain for rent due, and shall have a valid and first lien upon all personal property which Sublessee now owns, or may hereafter acquire or have an interest in, which is by law subject to such distraint, as security for payment of the rent herein reserved. 6. Sublessee's covenant to pay rent is and shall be independent of each and every other covenant of this Sublease. Sublessee agrees that any claim by Sublessee against Sublessor shall not be deducted from rent nor set off against any claim for rent in any action. 7. The defaulting party to this Agreement will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by either party 4 enforcing the covenants and agreements of this Sublease. 8. Sublessee acknowledges that the term of this Sublease may be subject to termination by the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION any breach in the Lease or pursuant to paragraph 14 of the Master Lease which allows either party to terminate the Lease by giving 90 days notice of its intention. Notwithstanding this provision, the Village will not arbitrarily terminate the Sublease unless requested to do so by the COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION. The Sublessee may, at any time, terminate this Sublease by giving 90 days written notice of its intention to terminate. SUCCESSOR: VILLAGE OF LEMONT By: SUBLESEE: LEMONT AREA CHAMBER OF COMMERCE Attest: 5 ACKNOWI .FDGMENT The undersigned hereby acknowledges the Subletting of the subject Lease to the LEMONT AREA CHAMBER OF COMMERCE, an Illinois Non - For - Profit Corporation. COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, THE NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION By: Attest: 547 W Jackson Blvd. Chicago, Illinois 60661 Telephone: 312 - 322 -6900 TTY# 1- 312 - 322 -6774 September 20, 2005 Mr. Tim Schloneger Assistant Village Administrator Village of Lemont 418 Main Street Lemont, Illinois 60439 -3788 Dear Mr. Schloneger: Pursuant to the terms of the Sublease Agreement between The Village of Lemont and the Lemont Area Chamber of Commerce dated May 14, 1990, Metra concurs with the Village's decision to allow the Sublessee to initiate the option to renew the lease for an additional five year period. Should you have any questions or require additional information, please contact Maurice Johnson at (312) 322 -8003. James W. Peffer Director Office of Real Estate & Contract Management cc: J. Patrick McAtee L. Corrao J TP /mej.l emon t. s ubleuse Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation.