R-40-97 Authorizing Termination Of MWRD LeaseRESOLUTION NO. - 9,7
RESOLUTION AUTHORIZING TERMINATION OF MWRD LEASE
WHEREAS, the VILLAGE OF LEMONT (hereinafter referred to as "VILLAGE ") is
currently the Lessee of a five -acre vacant parcel of real estate (hereinafter referred to as
"LEASED PREMISES ") leased from the METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO (hereinafter referred to as the "MWRD") a copy of which
is attached hereto and made a part hereof as Exhibit "A" (hereinafter referred to as "LEASE");
and
WHEREAS, the MWRD authorized the LEASE to the VILLAGE, for the purpose of
constructing a sewerage treatment works, water purification works and pumping station for the
services of the VILLAGE and for such other purposes as shall be incident thereto and for no
other purposes whatsoever; and
WHEREAS, the VILLAGE no longer has a need for the LEASED PREMISES and wishes
to deliver possession and terminate the LEASE with the MWRD and be released from its duties
and obligations under the LEASE.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the LEASE is hereby terminated and that the Village President is hereby
authorized to execute any and all documents necessary to effectuate the release and termination
of the LEASE and to execute a Lease Termination Agreement.
This resolution shall be in full force and effect from and after its passage and approval as
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 i4 i4'' day of July , 1997.
Barbara Buschman
Keith Latz
Connie Markiewicz
Richard Rimbo
Ralph Schobert
Mary Studebaker
AYES NAYS PASSED ABSENT
fr
ENE SMOLLEN, Village Clerk
Approved by me this 1 `4 14'' day of Jv 1 , 1997.
CH T3'..r ' ' " , Village President
ATTEST:
ENE SMOLLEN, Village Clerk
B: \VILLAGE \MWRD.RES
RELEASE AND TERMINATION OF LEASE
THIS RELEASE AND TERMMNATION OF LEASE (hereinafter referred to as "Release ")
dated this ii. Tday of J„jy
OF LEMONT, a Municipal Corporation, (hereinafter referred to as "VILLAGE ") and the
ME '1 ROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (hereinafter
referred to as "MWRD"). A certain Lease Agreement dated the lath day of March, 1941,
(hereinafter referred to as "LEASE ") was entered into by and between the MWRD as Lessor and
VILLAGE as Lessee, covering certain real estate located in the Village of Lemont (hereinafter
referred to as "LEASED PRENIISES ") a copy of which is attached hereto and made a part hereof
as Exhibit "A ".
WHEREAS, the VILLAGE no longer has a need for the LEASED PREMISES and wishes
to deliver possession of the LEASED PREMISES to the MWRD and to be released from its duties
and obligations under the LEASE; and
WHEREAS, the MWRD is willing the accept the leasehold interest granted to the VILLAGE
in the LEASED PREMISES and the possessory rights thereto.
NOW, THEREFORE, in consideration for the agreements hereinafter set forth and for other
good and valuable consideration, receipt of which is hereby acknowledged, the MWRD and the
VILLAGE hereby agree as follows:
1. The LEASE is hereby terminated and the VILLAGE shall not be liable for any payment
of any rent and shall surrender, assign, release and quitclaim all of its leasehold interest and
possessory rights to the LEASED PREMISES to the MWRD; and
2. The VILLAGE and the MWRD shall release the other from all duties, rights and
obligations under the LEASE.
, 1997, is entered into by and between the VILLAGE
3. The VILLAGE agrees to indemnify and hold harmless the MWRD from any damages,
costs, liability and/or expenses which may be incurred by the MWRD by reason of, result from, in
connection with or arising in any manner whatsoever from the condition of the LEASED
PREMISES which arose, occurred or existed during the leased term.
IN WITNESS WHEREOF, the Lessor, MWRD, has caused this instrument to be executed
in triplicate by the Chairman of the Committee on Finance of its Board of Commissioners and
attested by its Clerk, and its corporate seal to be hereunto affixed; and the Lessee, VILLAGE, has
caused this instrument to be executed in triplicate by its President and attested by its Clerk and the
corporate seal to be hereunto affixed all the day and year first above written.
METROPOLITANWATERRECLAMATION
DISTRICT OF GREATER CHICAGO
By:
ATTEST:
Clerk
OF LEMONT,
o ratio
ATTEST:
harlene M. Smollen, Village Clerk
B: \VILLAGE \MWRD.RES
wasneski, Village President