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R-280-93 Authorizing adoption of a mooring lease agreement with Illinois Marine Towing, Inc.RESOLUTION GA8V RESOLUTION AUTHORIZING ADOPTION OF A MOORING LEASE AGREEMENT WITH ILLINOIS MARINE TOWING, INC. WHEREAS, the Village of Lemont solicited bids for a mooring lease of a 66 foot portion of Stephen Street adjacent to the Sanitary and Ship Canal; and WHEREAS, the successful bidder was Illinois Marine Towing, Inc. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached Mooring Lease Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ONT, CO ��'IES OF COOK, WILL, AND DU PAGE, ILLINOIS, ON THIS day of s , 1993. Barbara Buschman Alice Chin Keith Latz William Margalus Rick Rimbo Ralph Schobert Approved by me this p• 3 day of Attest: AYES NAYS PASSED ABSENT CHARLENE M. SMOLLEN, Village Clerk CHARLENE M. SMOLLEN, Village Clerk ASNESKI, Village President w VILLAGE OF LEMONT MOORING LEASE THIS INDENTURE, in triplicate, is made and entered into this 2/ /93 day of August, 1993, between the VILLAGE OF LEMONT, ILLINOIS, hereinafter known as "Lessor ", and ILLINOIS MARINE TOWING, 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 one (1) year, beginning on the 1st day of June, 1993, and ending on the 30th day of March, 1994, that portion of a 66 foot strip located at the terminus of Stephens Street at the Sanitary and Ship Canal located in the Village of Lemont, Illinois, as identified on the attached Exhibit "A ". 2. IT IS AGREED, that the Lessee, for the use and occupation of the leased premises, does hereby covenant and agree to and with the Lessor, that Lessee will pay the Lessor, as rent, the sum of One Thousand ($1,000.00) Dollars per annum in advance for the lease year. 3. IT IS FURTHER COVENANTED AND AGREED that the Lessee shall not build, place, erect or install any structure or do any work of any kind on the leased premises, other than herein authorized, except as hereinafter provided without the express prior written approval of the Lessor. 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 the Lessor, provided however, Lessee shall have the right to permit its customers, business invitees, employees and other authorized persons to traverse the leased premises. 5. It is specifically understood that the leased premises shall be used for the exclusive purpose of mooring tow boats along the channel wall and for off loading crew members and supplies. The Lessee is specifically prohibited from constructing any improvements of the lease premises or any off loading of cargo or storage. Lessee will further comply with any and all federal, state and local laws governing the use of said property including but not limited to Coast Guard, Corp of Engineers, Metropolitan Water Reclamation District of Greater Chicago and any other agency regulating mooring and navigation. 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 in case of such violation Lessor shall possess the right to declare this Lease void and upon demand, to reenter and repossess said premises and Lessee shall surrender said premises to Lessor. 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, with the exception of any improvements situated on the subject property. 8. Lessee shall procure all permits and licenses, pay any and all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of any activities conducted on the above - described premises when such permits, licenses and Page 2 notices are required by any Federal, State or local laws, ordinances or regulations. 9. The Village of Lemont hereby reserves the right to access over, upon and through said leased premises for the construction, operation and maintenance of the Canal, its facilities and appurtenances and for emergency reasons related to the public welfare and safety of the Village of Lemont or its residents. 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 relating to Lessee's use or occupancy of the premises, 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 to perform all the requirements and provisions hereof. Lessee further agrees to take subject to the terms of conveyance from the Federal and State government and that the Village makes no representations and /or warranty as to permitted uses by the Lessee. 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 resulting from Lessee's use or occupancy of the demised premises. 12. Lessee shall not interfere with the surface drainage rights of adjoining lands, over, under and across said parcel which is presently being accepted by any watercourse in the area, both above and through the leased premises. Further, any provisions for altering such drainage shall be subject to approval by Lessor in writing. Page 3 13. 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 Lessee's use or occupancy of the leased premises. 14. Lessee agrees that it will pay all Illinois real estate taxes, if any, that may be attached to the leased premises during the time of possession of the leased premised by Lessee. If said premises become taxable, Lessee shall have the option to terminate this Lease upon ten (10) days prior written notice. 15. During the term of this Lease, Lessee agrees to supply Lessor with a certificate of insurance showing that the leased premises are covered by public liability insurance in the amount of Five Million ($5,000,000.00) Dollars and shall name the Lessor as an additional party insured. The Certificate of Insurance shall also contain a provision that the policy not be canceled, modified or changed without thirty (30) days prior written notice to the certificate holder and the Lessee shall provide such evidence to the Village upon execution of the Lease. VIL E OF LEMONT, ILLINOIS PAwp5l\client\cattoni \cattoniise aM rporation iti chard A. K7sneski, Village President ILLINOIS MARINE TOWING, INC., an Illinois Corporation By: Leo Cattoni, President V Page 4 /ll�S�,UL�✓ EXHIBIT "A" TWAT PART OF STEPHEN STREET (PER TOWNSHIP DEDICATION DATED OCTOBER 26, 1858) IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY UNE OF THE MAIN CHANNEL OF THE SANITARY, DRAINAGE AND SHIP CANAL, AND LYING NORTHERLY OF A UNE THAT IS 185.00 FEET SOUTHERLY OF, AS MEASURED PERPENDICULAR TO, SAID SOUTHERLY UNE OF THE MAIN CHANNEL OF THE SANITARY, DRAINAGE AND SHIP CANAL, ALL IN COOK COUNTY, ILLINOIS.