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O-34-98 04/27/98ORDINANCE NO. P- 31 j; AN ORDINANCE EXECUTING A LEASE AGREEMENT BETWEEN KALLEMEYN AUTO REBUILDERS ANDTHE VILLAGE OF LEMONT (16039 New Avenue, Lemont, It) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 27 th day of April 1998. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois on this 27th day of April 1998. ORDINANCE NO. t -3 `J �' AN ORDINANCE EXECUTING A LEASE AGREEMENT BETWEEN KALLEMEYN AUTO REBUILDERS AND THE VILLAGE OF LEMONT ( 16039 New Avenue, Lemont, B) WHEREAS the President and Board of Trustees have deemed it in the community's best interest to execute a Lease Agreement between Kallemeyn Auto Rebuilders, hereinafter known as the LESSEE, and the Village of Lemont, hereinafter known as the LESSOR, attached hereto as Exhibit "A" and made a part hereof; and WHEREAS the Village of Lemont (hereinafter "Village ") is a Municipal corporation pursuant to the Illinois Municipal Code, 65 ILLS 5/1 -1 -1. WHEREAS it is agreed that the LESSOR hereby lets and leases unto the LESSEE, for the term of one year, 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 for the sum of $1,526.72. NOW,'1HE;REFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, DuPage and Will, State of Illinois, as follows: SECTION 1: that the President be and is hereby authorized and directed, and the Village Clerk is di ected to attest to a lease of part of the Illinois and Michigan Canal lands, dated the 01.14of , 1998, a copy of which is attached hereto and made a part hereof. SECTION 2: That all other previous leases of this portion of the Illinois and Michigan Canal lands is hereby terminated. SECTION 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS on this 27th day of April 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT Approved by me this 27th day of April 1998. Att "r` S ' O LE , Village Clerk Village Clerk RICHARD KWASNESKI, Village President EXHIBIT A Legal Description: A PARCEL OF LAND IN THE LEFT (SOUTHERLY) RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL IN THE SOUTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 20, ALL IN TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 19 AND THE NORTH LINE OF LOT 6 IN COUNTY CLERK'S DIVISION OF SAID SECTION 19 (ALSO BEING THE SOUTH LINE OF SAID LEFT CANAL RESERVE); THENCE WESTERLY 400.5 FEET ALONG THE NORTH LINE OF SAID LOT 6 TO THE EAST LINE OF INDUSTRIAL DRIVE AS DEDICATED JULY 10TH, 1913 AS DOCUMENT NO. 5223643; THENCE NORTHERLY 91 FEET MORE OR LESS ALONG LAST SAID EAST LINE EXTENDED NORTH TO THE SOUTH LINE OF THE ILLINOIS & MICHIGAN CANAL (ALSO BEING THE NORTH LINE OF SAID LEFT RESERVE STRIP); THENCE EASTERLY 1210 FEET MORE OR LESS ALONG THE SOUTH LINE OF THE ILLINOIS & MICHIGAN CANAL TO A POINT 91 FEET MORE OR LESS NORTH OF AND PERPENDICULAR TO THE EASTERLY -MOST CORNER OF LOT 6 IN COUNTY CLERK'S DIVISION OF SAID SECTION 20; THENCE SOUTHERLY 91 FEET MORE OR LESS TO LAST SAID EASTERLY CORNER OF LOT 6 BEING ON THE NORTHERLY RIGHT -OF -WAY LINE OF THE G.M. &O. RAILROAD; THENCE WESTERLY 814.6 FEET ALONG HE NORTH LINE OF LOT 6 IN COUNTY CLERK'S DIVISION OF SECTION 20 TO THE WEST LINE OF SAID SECTION 20 AND THE POINT OF BEGINNING ALL IN COOK COUNTY, ILLINOIS. VILLAGE OF LEMONT, ILLINOIS LEASE 1 This indenture, in duplicate, is made and entered into this u day of April, 1998, between the VILLAGE OF LEMONT, ILLINOIS, hereinafter known as the LESSOR, and KALLEMEYN AUTO REBUILDERS, INC., 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 five (5) years beginning on the day of April, 1998, and ending on the day of April, 2003, that portion of the Illinois and Michigan Canal lands, property of the Village of Lemont, Illinois described as follows: A parcel of land in the Left (Southerly) Reserve Strip of the Illinois and Michigan Canal in the South Half of Section 19 and the South Half of Section 20, all in Township 37 North, Range 11 East of the Third Principal Meridian described as follows: Beginning at the Intersection of the East line of said Section 19 and the North line of Lot 6 in County Clerk's Division of said Section 19 (also being the South line of said Left Canal Reserve); the: ,ce Westerly 400.5 feet along the North line of said Lot 6 to the East line of Industrial Drive as dedicated July 10th 1913 as Document No. 5223643; thence Northerly 91 feet more or less along last said East line extended North to the South line of the Illinois and Michigan Canal (also being the North line of said Left Reserve Strip); thence Easterly 1210 feet more or less along the South line of the Illinois and Michigan Canal to a point 91 feet more or less North of and perpendicular to the Easterly -most corner of Lot 6 in County Clerk's Division of said Section 20; thence Southerly 91 feet more or less to last said Easterly corner of Lot 6 being on the Northerly right -of -way line of the G.M. & 0. Railroad; thence Westerly 814.6 feet along the North line of Lot 6 in County Clerk's Division of Section 20 to the West line of said Section 20 and the Point of Beginning, all in Cook County, Illinois. This lease is subject, however, to all the conditions, limitations and restrictions hereinafter contained. LESSEE shall have an option to renew this lease for an additional five (5) year term, under the same terms of this lease, unless the property is to be used for public purpose and not leased to a non - government agency. 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 the LESSEE will pay to the LESSOR, as annual rent, the sum of ONE THOUSAND FIVE HUNDRED TWENTY SIX and 72/100 ($1,526.72) dollars, except that each annual payment shall be adjusted by the percentage change in the Consumer Price Index (CPI -U) for the Chicago area as published by the U.S. Department of Labor for the previous full calendar 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 canceled 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 canceled. 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 sublease, assign or otherwise permit the use or occupancy of the above described leased permits, or any part thereof, without the prior written consent of LESSOR. No holding over by LESSEE shall operate to renew this lease. 5 (a). 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 unhealthful purposes of any kind or nature, or any other use or occupancy thereof contrary to any Federal, State or local laws or regulations. 5(b). The LESSEE shall be allowed to utilize the leased property for vehicle parking associated with the operation of an auto rebuilding facility. The leased property may also be used as a means of access to serve property owned by the LESSOR. If the LESSOR seeks to use any portion of the leased property for outside storage not associated with the auto rebuilding business, a special use permit shall be obtained in accordance with the procedures outlined in the Lemont Zoning Ordinance. 5(c). Prior to the execution of the lease, the Village shall approve a landscaping plan to provide screening and aesthetic improvements to the site. The landscaping improvements identified in the approved plan shall be approved within one hundred eighty (180) days of the approval of the lease. Failure to comply shall be grounds for terminating the lease. -2- 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 this right to declare this lease void and upon demand, to re -enter and repossess said premises and LESSEE 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 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. In the event that LESSOR cancels this lease, LESSOR shall reimburse to LESSEE any prepaid rent, pro -rated from the date of lease cancellation to the end of the lease term. LESSOR shall reimburse LESSEE within thirty (30) days after canceling this lease. 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 constructed 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 reason; such reservation includes a right of access for other leases 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 charged 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 and will protect, -3- indemnify and save and keep harmless the LESSOR 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 leased 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 of 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 canceled 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 attorneys' fees, that may be incurred by the LESSOR as a result of ownership or interest in said premises. 15. 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. -4- 04/14/98 10:56 FAX 17084248922 PRNDRGSTDELPRNCP I06 16. The Village makes no representation and/or warranties as to ownership of the demised premises but it 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 date and year first above written_ Less = : Vill - • - of Lemont, Illinois kr% Title Date Title Date On this Day of April, 1998, in consideration of Ten Dollars ($10.00) and other good and valuable considertion, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by lessee, lessee's heirs executors, administrators, successors or assigns of all covenants and agreements of the above lease. EXHIBIT A (-3 U RV -_,Y CAAL LFASE . gpcNic.,,a0 IVES:AVE •• • J. .••••••. it la -Ak)6N • • n,•-mrser "2-" •tzg. U.,: 71.1. 1.1. • 0, Z.••■•• C,1•••• - ** **** 19 ■•••■ "Or, ! ••• r•Aln aI tray., ta. . • V. 411%an a... t...• • sal • ...Ala- ••. l• •Ictalt. 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