O-16-13 Lease Agreement with Eileen Orednick, Trustee of the Eileen OrednickVILLAGE OF LEMONT
ORDINANCE NO. ,O 1k —/3
An Ordinance Approving Lease Agreement with Eileen Orednick, Trustee of the
Eileen Orednick Trust dated December 15, 2001
(305 Canal Street)
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 8th DAY OF April, 2013
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, Illinois, this 8th day of April, 2013.
ORDINANCE NO. 0/0 -13
An Ordinance Approving Lease Agreement with Eileen Orednick, Trustee of the
Eileen Orednick Trust dated December 15, 2001
(305 Canal Street)
WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation
pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; and
WHEREAS, the Village desires to enter into an Lease Agreement with Eileen Orednick,
Trustee of the Eileen Orednick Trust dated December 15, 2001 (hereinafter referred to as
"Lessor "); and
WHEREAS, the Lessor is the owner in fee simple and titleholder record of the following
described real property which lies adjacent to the real estate commonly known as 305 Canal
Street is located wholly within the corporate limits of the Village of Lemont:
The Easterly 38.5 feet of all of Lot 18 and vacated Easterly 10 feet of Lemont
Street (formerly Lull Street) lying Westerly of and adjoining Lot 18 in County
Clerk's Division of unsubdivided land in the West 112 of the Southeast 114 of
Section 20, Township 37 North, Range 11, East of the Third Principal Meridian,
in Cook County, Illinois.
PIN: 22-20-404-004-0000
(hereinafter "Lessor's Property "); and
WHEREAS, pursuant to Illinois Municipal Code, the Village is authorized to lease or
otherwise acquire land, construct, equip, manage, control, improve, maintain and operate motor
vehicle parking lots; and
WHEREAS, the Village is an Illinois municipal corporation, charged with the
responsibility within its corporate limits of providing for the health, safety, and welfare of the
general public of the Village of Lemont, including but not limited to, providing services such as
public parking facilities, including maintenance, replacement, and repair thereof and the
appurtenances thereto; and
WHEREAS, Village has determined that it would be in the best interest of the general
public of the Village of Lemont that a portion of the Parking Lot on the Lessor's Property should
be utilized during certain times as and for public parking; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE,
AND WILL, ILLINOIS:
Section 1. The foregoing findings and recitals are herby adopted as Section I of this
Ordinance and are incorporated by reference as if set forth verbatim herein.
# 568571 2
Section 2. The Village President and Village Clerk are hereby authorized and
directed to execute the Lease Agreement with Eileen Orednick, Trustee of the Eileen Orednick
Trust dated December 15, 2001 attached hereto as Exhibit A and to make minor changes to the
document prior to execution which do not materially alter the Village's obligations, and to take
any other steps necessary to carry out this Ordinance.
Section 3. This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as required 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 8th day of April, 2013.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer 1/•
Paul Chialdikas 1�
Clifford Miklos f
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio ✓
11.1111111P. ! ' • K. REAVES
President
ATT ST:
/� /, .
_
CHARLENE M. S OLLEN
Village Clerk
#568571 3
EXHIBIT A
Lease Agreement with Eileen Orednick, Trustee of the
Eileen Orednick Trust dated December 15, 2001
4 568571 4
LEASE AGREEMENT
THIS LEASE AGREEMENT (herein "Agreement ") is made and entered into as of this _
/ a X1 day of A P/C i C 2013 (herein the "Effective Date'),
by and between the Eileen Orednick, Trustee of the Eileen Orednick Taut dated December 15,
2001 (hereinafter referred to as "Lessor"), and the VILLAGE OF LEMONT, an Illinois
municipal corporation, (hereinafter referred to as "Lessee").
RECITALS
WHEREAS, the Lessor is the owner in fee simple and titleholder record of the following
described real property which lies adjacent to the real estate commonly known as 305 Canal
Street is located wholly within the corporate limits of the Village of Lemont:
Parcel 2: All of Lot 18 and vacated Easterly 10 feet of Lemont Street (formerly
Lull Street) lying Westerly of and adjoining Lot 18 in County Clerk's Division of
unsubdivided land in the West 1/2 of the Southeast 1/4 of Section 20, Township
37 North, Range 11, East of the Third Principal Meridian, in Cook County,
Illinois
PIN: 22- 20404 -004 -0000
(hereinafter "Lessor's Property"); and
WHEREAS, the Lessee has designed plans to construct and utilize the Lessor's Property
as and for private off - street parking to accommodate 13 cars (herein "Parking Lot") for use of
customers who frequent the Lessor's business on land commonly known as 305 Canal Street,
which is adjacent to the Lessor's Property; and
WHEREAS, pursuant to the Illinois Municipal Code 65 ILCS 511 et. seq., the Lessee is
authorized to lease or otherwise acquire land, construct, equip, manage, control, improve,
maintain and operate motor vehicle parking lots;
WHEREAS, the Lessee is an Illinois municipal corporation, charged with the
responsibility within its corporate limits of providing for the health, safety, and welfare of the
general public of the Village of Lemont, including but not limited to, providing services such as
public parking facilities, including maintenance, replacement, and repair thereof and the
appurtenances thereto; and
WHEREAS, Lessor and Lessee (herein "Parties ") have determined that it would be in
the best interest of the general public of the Village of Lemont that a portion of the Parking Lot
on the Lessor's Property should be utilized during certain times as and for public parking to be
pursuant to the terms hereof; and
WHEREAS, the portion of the Lessor's Property to be utilized by the Lessee as and for
public parking is shown on the attached diagram (herein the "Leased Area ");
NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is agreed by and between the Parties as follows:
I. INCORPORATION OF RECITALS.
The above and foregoing recitals are incorporated in this Section by this reference and
incorporated herein and made a part hereof as though fully set forth and duplicated here in toto.
II. AGREEMENT OF LEASE.
The Lessor hereby leases to Lessee, for the term and upon the mutual covenants and
agreements hereinafter set forth, the property described as the Leased Area for the purpose of
vehicular parking available to the general public including access to an egress from the
remainder of the Lessor's land in order to utilize the Leased Area of the Parking Lot as and for
off -street vehicular parking for the use of the general public, subject to the following terms,
covenants, conditions and restrictions:
A. During the hours of 8:00 am. through 5:00 p.m. Mondays through Fridays
(exclusive of holidays recognized by the Lessee), the Lessor reserves hereby for
the Lessor's use seven (7) of the thirteen (13) parking spaces planned to be
constructed as part of the Parking Lot and marked with signage as shown on the
attached Site Plan.
B. The Lessee agrees to construct the Parking Lot and thereafter use its best efforts
to perform and provide the following services (herein collectively "Maintenance")
over the entire surface of the Lessor's Property as set forth in this Subsection:
1. Regular monthly sweeping, with a street- sweeper vehicle;
2. Snow plowing after a two inch (2 ") snowfall and salting on an as needed
basis *;
3. Seal- coating of the asphalt pavement on an as needed basis *; and
4. Regular repair of curbs, wheel stops, Parking Lot lighting (if any currently
exists) and other appurtenances to the Parking Facility on an as needed basis *.
*In the sole judgment of the Lessee's Director of Public Works.
III. NOTICES.
A. Any Notice required to be given pursuant to this Agreement shall be deemed to
have been given when written and mailed via United States certified mail, return
receipt requested, addressed as follows:
4
If to the Lessor: Eileen Orednick, Trustee of the Eileen Orednick Trust
dated December 15, 2001
23 Su a fe f Ke M,t ly L
l�uvtte ,oed'L F[ 33965
with copies to: John P. Antonopoulos, Esq.
Antonopoulos & Virtel, PC
15419 127th Street — Suite 100
Lemont, Illinois 60439
If to Lessee: Ben Wehmeier, Village Administrator
Village of Lemont
418 Main Street
Lemont, Illinois 60439
with copies to: Village Clerk
Village of Lemont
418 Main Street
Lemont, Illinois 60439
and to: Jeffrey M. Stein, Esq.
Village Attorney
Tressler LLP
233 S. Wacker Drive
Chicago, Illinois 60606
B. Any Party hereto may change the place and/or person listed above and/or add
persons to the above list for the giving of Notices by Notice given ten (10) days
prior to the effective date of such change.
IV. TERM — CANCELLATION — TERMINATION.
A. Provided the Lessee does not breach its agreements herein contained, this
Agreement will remain in fiill force and effect for ten (10) years from the date
hereof (herein the "Initial Term "). Termination of the Initial Term will occur on
the tenth (10th) anniversary of the Effective Date. Thereafter, upon the same
terms and conditions, this Agreement will automatically for successive additional
five (5) year terms (herein each successive five (5) year term is an "Extension
Term "), unless at least sixty (60) days prior to the expiration of any give
Extension Term, either Party determines to cause cessation of this License (herein
"Termination ") by sending a Notice of Termination to the other Party.
B. It is understood that, upon Termination hereof, the Lessee shall leave the Leased
Area in a neat, clean, and orderly condition.
V. MISCELLANEOUS PROVISIONS.
A. This Agreement shall inure to the benefit of and be binding upon the Parties
hereto, their officers, employees, agents, independent contractors and their
respective successors in interest.
B. If any clause, phrase, provision or portion of this Agreement or the application
thereof to any person or circumstance shall be held by a court of competent
jurisdiction to be invalid or unenforceable under applicable law, such holding
shall not affect, impair or render invalid or unenforceable the remainder of this
Agreement nor any other clause, phrase, provision or portion hereof.
C. By execution hereof:
In compliance with 65 ILCS 5/11- 42.1 -1 and under the oath of the person
signing this Agreement on its behalf, the Lessor certifies hereby that it is not
delinquent in the payment of any tax administered by the Illinois Department
of Revenue, unless: (a) it is contesting, in accordance with the procedures
established by the appropriate revenue Act, its liability for the tax or the
amount of the tax; or (b) it has contracted with the Department of Revenue for
the payment of all such taxes that are due and is in compliance with that
contract.
2. The Lessor certifies hereby that it is not barred from entering into this
Agreement as a result of violations of either Section 33E3 or Section 33E4 of
the Illinois Criminal Code, that it has a written policy against sexual
harassment in place in full compliance with 775 ILCS 5/2105(A)(4), and it is
in compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/2).
3. The Lessee certifies hereby that it is not barred from entering into this
Agreement as a result of violations of either Section 33133 or Section 33134 of
the Illinois Criminal Code, that it has a written policy against sexual
harassment in place in full compliance with 775 ILCS 5/2105(Ax4), and it is
in compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/2).
D. Nothing herein shall be construed as a waiver of any tax. The Lesssor covenants
that it shall pay all taxes when due, including any ad valorum real estate tax that
may be levied upon the Leased Area.
E. The rights and remedies hereby created are cumulative and the use of one remedy
shall not be taken to exclude or waive the right to the use of another. This
Agreement shall be construed m accordance with the laws of the State of Illinois.
1. If any provision of this Agreement is capable of two (2) constructions, one of
which would render the provision invalid and the other of which would make
the provision valid, then the provision shall have the meaning which renders it
valid.
4
2. In the event any provision of this Agreement or part thereof shall be deemed
invalid by a court of competent jurisdiction, such invalidity of said provision
or part thereof shall not affect the validity of any other provision hereof. In
addition, the invalidity or unenforeeability of any provision of this Agreement
shall not offset or invalidate any other provision of this Agreement.
3. This Agreement, including the exhibits hereto, has been negotiated by all
Parties. This Agreement shall not be construed more strictly against the
Lessee than against the Lessor merely by virtue of the fact that the same has
been prepared by legal counsel for the Lessee. It is recognized and
acknowledged by the Parties that both Parties have contributed substantially
and materially to the preparation, form, substance and content of this
Agreement.
4. The failure of either Party to exercise any right, power or remedy given to it
under this Agreement, or to insist upon strict compliance with it, shall not
constitute a waiver of the terms and conditions of this Agreement with respect
to any other or subsequent breach, nor a waiver by either Party of its rights at
any time to require exact and strict compliance with all of the terms of this
Agreement.
F. The Parties understand that this Agreement is entered into in Cook County,
Illinois; and each further understands that jurisdiction and venue for the
enforcement of the teams hereof is Cook County, Illinois.
G. Except as expressly set forth herein, this Agreement constitutes the entire
agreement between the Parties with respect to the relationship of the Parties
contemplated herein, and supersedes all prior and contemporaneous agreements
and undertakings of the Parties pertaining to the subject matter hereof.
H. The headings of the sections, paragraphs, and other parts of this Agreement are
for convenience and reference only and in no way define, extend, limit, or
describe the meaning, scope, or intent of this Agreement, or the meaning, scope,
or intent of any provision hereof.
VI. DEFAULT; RIGHT TO CURE; REMEDIES.
A. In an event of Default by either Party, neither Party may exercise its respective
rights under Subsection B of this Section until Notice has been sent to the Party in
Default or alleged Default of the Default or alleged Default and allowing a period
of thirty (30) days for the curing of said Default or alleged Default; provided,
however, that in the event such Default or alleged Default cannot be cured within
said thirty (30) day period notwithstanding diligent and continuous effort by the
Party in Default or alleged Default with said Parry having promptly commenced
to cure the Default or alleged Default and having thereafter prosecuted the curing
of same with diligence and continuity, then the period for curing such Default or
5
alleged Default shall be extended for such period as may be necessary for curing
such Default or alleged Default with diligence and continuity.
B. The continuation of any such Default after thirty (30) days (or for such longer
cure period as set forth in A above) following written Notice by the non-
defaulting Party specifying such Default to the defaulting Party shall permit the
non - defaulting Party, at its sole discretion:
1. If the Lessee is in Default and the Default occurs on or before the conclusion
of the Initial Term, the Lessor shall be permitted to enforce or compel the
performance of this Agreement by the Lessee by suitable action or other
proceeding brought in law or in equity, including specific performance.
2. If the Lessee is in Default and the Default occurs during any Extended Term,
the Lessor shall be permitted: (a) to send the Lessee a Notice of Termination
of this Agreement; or (b) to enforce or compel the performance of this
Agreement by the Lessee by suitable action or other proceeding brought in
law or in equity, including specific performance.
3. If the Lessor is in Default and the Default occurs during the Initial Term or
any Extended Term, the Lessor shall be permitted: (a) to send the Lessee a
Notice of Termination of this Agreement; or (b) to enforce or compel the
performance of this Agreement by the Lessor by suitable action or other
proceeding brought in law or in equity, including specific performance.
C. The Party prevailing in any such enforcement proceeding shall be entitled to
recover its reasonable attorneys fees from the other Party.
VII. REAL ESTATE TAX EXEMPTION.
The Lessee hereby covenants and agrees that Lessee shall file a Governmental Exemption
Petition, for the 2013 tax year, requesting that the Leased Area be exempted from the payment of
ad valorum real estate taxes, to the extent that it is possible, under applicable law. In the event
the Lessee shall be successful in obtaining any such real estate tax exemption for the Leased
Area, then Lessee shall thereafter cause such real estate tax exemption to be continued for each
tax year during the term of this Agreement. Notwithstanding anything contained in this
paragraph, to the extent Lessee fails to obtain a tax exemption in respect to the Leased Area, for
any reason at any time, Lessor shall still be obligated to pay all real estate taxes as required.
Nothing in this section shall be construed as limiting Lessor's right to protest assessments for the
Lessor's Property.
VIIL INSURANCE.
In the event that any third party or parties institutes any legal proceedings against the
Lessor, which relate to the terms of this Agreement, then Lessee shall indemnify and hold
harmless the Lessor from any and all such proceedings, except such proceedings instituted by
Lessor or those proceedings that occur as a result of the Lessor's willful, wanton or negligent
3
actions. The Lessee agrees to name the Lessor as an Additional Insured on its existing liability
and property damage policy and will provide a copy of said policy that will remain in force and
effect during the term of the Agreement.
E4 WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their proper officers, thereunto duly authorized and their respective seals to be
hereto affixed, as of the date set forth above.
FOR THE LESSOR:
Eileen Orednick, as Trustee of the
Eileen Orednick Trust dated 12 -15 -2001
By:
Trustee
FOR THE LESSEE:
Village mon ors
e Mayor
Attest&�
Village Clerk (Seal)
.
- -_
<:.
�i
0
r
S
RUHS�
:•:
MIN
r
9:
m�
i
w
"
00
N
1
lL
SED
EA
'GG��NDIV�5,02:39•
f FINISHE�•.('EOOi2�= 602.9( =)`..
i'
LEASED AREA
EXHIBIT
305 CANAL STREET PARKING LOT
LEMONT, ILLINOIS
STREET
STONE
a
I
50'
I
GAN AL
X
SED
EA
'GG��NDIV�5,02:39•
f FINISHE�•.('EOOi2�= 602.9( =)`..
i'
LEASED AREA
EXHIBIT
305 CANAL STREET PARKING LOT
LEMONT, ILLINOIS
STREET
STONE
WARRANTY
DEED IN TRUST
T11E GRANTORS J. PAUL OREDNICK,
and EILEEN E. OREDNICK, husband and
wife, of the Village of Lemont, DuPage
County, Illinois, for and in consideration
of Ten (510.00) Dollars, and other good and
valuable consideration in hand paid,
CONVEY and WARRANT to EILEEN E.
OREDNICK as Trustee of the
EILEEN E. OREDNICK TRUST, dated
December 15, 2000 or her successor(s) in
trust as may be amended, 305 Canal Street
Lemont, Illinois 60439 the entire
interest in die following described
Real Estate situated in the County of Cook,
State of Illinois, to wit:
COOK COUNTY
RECORDER
EUGENE °GENE° OOORE
BRIOGEVIEW OFFICE
Id -010118190
5136/0021 82 002 Page 1 of 3
2001-02-14 13=52=11
Cook County Recorder 25.50
IIIII I IIII I 11 13 Hill III I III
00'10116190
Parcel 1: Lot 17 in the County Clerk's Division of unsubdivided lands in Section 20, Township 37 North, Range 11, East of the
- Thud Principal Meridian, (except that part of said Lot 17 that may be or drat may purport to be registered under an act concerning
land titles, approved and in force May 1, 1897 in land registration proceedings in the Circuit Court of Cook County, Illinois as
Number LR7405);
Also, those parts of vacated Hinsdale Street and vacated Lawrence Street in the Village of Lemont lying Northerly of the Northerly
line of Canal Street and Southerly of the North line of Lot 6 in Block 28 in Keepotaw in said Section 20, produced West, and due
West of a line commencing at a point on said Northerly line of Canal Street 56.96 feet Easterly of the Southwest corner of said Lot
17, thence Northerly along a line which is 56.96 feet Easterly from and parallel to the Westerly line of said Lot 17, a distance of
68.65 feet; thence Easterly along a line parallel to the North line of said Canal Street, a distance of 6 feet more or less to its
intersection with a line 15 feet West of and parallel to the West line of said Lot 6 in Block 28 in Keepotaw; thence North along
said last mentioned parallel line to its intersection with the North line of said Lot 6 in Block 28 in Keepotaw extended West in Cook
County, Illinois.
Parcel 2: All of Lot 18 and vacated Easterly 10 feet of Lemont Street (formerly Lull Street) lying Westerly of and adjoining Lot
I18 in County Clerk's Division of misubdivided land in the West 1/2 of die Southeast 1/4 of Section 20, -Township 37 North, Range
11, East of the Third Principal Meridian, in Cook County, Illinois.
Street address: 305 Canal Street
City, state, and zip code: Lemont. Illinois 60439
i Real estate index number: 22 -20 -404 -004 & 22 -20. 404 -005
TO HAVE AND TO HOLD said premises with the appurtenances, upon the trusts and for the uses and purposes set herein
and in said trust agreement set forth.
In addition to all of the powers and authority granted to the trustee by the terns of said trust agreement, full power and
authority is hereby granted to the bustee to improve, manage, protect, and subdivide said real estate or any pan thereof; to dedicate
parks, streets, highways, oralleys; to vacate any subdivision or part thereof, and to resubdivide said property as often as desired;
to contract to sell; to grant options to purchase; to sell on any terms; to convey either with or without consideration; to convey said
real estate or any part thereof to a successor or successors in trust and to grant such successor or successors in trust all of the title,
estate, powers, and authorities vested in the trustee; to donate, to dedicate, to mortgage, pledge, or otherwise encumber said
property or any part thereof; to lease said property or any part thereof, from time to time, in possession or reversion, by leases to
commence in present or in fidurc, and upon any terms and for any period or periods of time, not exceeding in the case of any single
demise the term of 198 years, and to renew or extend leases upon any terms and for any period or periods of time and to amend,
change, or modify leases and the terms and provisions thereof at any time or times hereafter; to contract to make leases and to grant
options to lease and options to renew leases and options to purchase the whole or any part of Oic reversion and to contract