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O-72-10 Ord Leasing 416 MainVILLAGE OF LEMONT ORDINANCE O - 7 a, ( 0 ORDINANCE AUTHORIZING LEASE OF MUNICIPAL OWNED REAL PROPERTY WHEREAS, the Village owns the following property which is generally located at 416 Main Street and is currently used for excess meeting space and storage; and, WHEREAS, the corporate authorities of the Village have determined that it is in the best interest of the Village that it retain title to the Real Property, and that the Real Property is leased for another governmental use on a short-term basis; and, WHEREAS, pursuant to Section 11 -76 -1 of the Illinois Municipal Code, 65 ILCS 5/11 -76 -1, the Village may enter into a lease agreement when it is in the best interest of the Village. WHEREAS, the corporate authorities find and determine that the best interests of the Village and its residents will be served by leasing the property at 416 Main Street to the Illinois State Police Zone 1 Investigation Unit. NOW, THEREFORE, BE IT ORDAINED by the corporate authorities of the Village of Lemont, in Cook, DuPage and Will Counties, Illinois, as follows: Section 1: The foregoing recitals are incorporated herein as findings of the corporate authorities. Section 2: The Mayor is hereby authorized and directed to sign and the Village Clerk is hereby authorized and directed to attest a lease of Village Property, which lease shall be in the form attached hereto as Exhibit A. Section 3: This Ordinance shall be in full force and effect from and after its passage, by a vote of at least three fourths of the corporate authorities now holding office, and approval in the manner provided by law. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF L M9NT, OOK, WILL AND DU PAGE COUNTIES ILLINOIS on this 'i Day of , 2010 AYES NAYS PASSED ABSENT Debby Blatzer V Paul Chialdikas Clifford Miklos V Rick Sniegowski Ronald Stapleton Jeanette Virgilio v Approved by me this 27th day of September, 2010 BRIAN REAVE , Village President Attest: e A �/� k4n-.01-efe.,L-, RLENE M. SMO LEN, Village Clerk LEASE Effective October 1, 2010 between Village of Lemont and Northeast Metro Auto Theft Task Force for The first floor of the real estate commonly known as 416 Main Street, Lemont, IL 32. Invalidity of Certain Provisions. 7 33. Governing Law, Jurisdiction and Venue. 7 34. Sublet, Assignment. 8 35. Amendment. 8 36. No Recording. 8 37. Counterparts. 8 38. Effective Date. 8 ii 5. Rent. NEMAT shall pay to the Village at the place specified for Notices to the Village (pursuant to Section 29 of this Lease), or such other place, or to such other person, firm or corporation, as shall be designated from time to time by Notice from the Village. Net monthly rent (the "Net Monthly Rent ") shall be One Thousand Five Hundred Dollars 00 /100 ($1,500.00) per month during the term of this Lease. Net Monthly Rent includes all real estate taxes, electrical, gas, water, sewer costs, snow - plowing, landscaping and common area housekeeping. 6. Permitted Use. The Subject Property shall be used by NEMAT only for the day -to -day operation of its law enforcement purpose, however, at no time shall NEMAT have or cause to have any individual(s) that have been placed in custody or under arrest housed on the Subject Property. NEMAT shall operate its office so as to not cause adverse impacts upon adjacent Village Hall. 7. Maintenance of Property. NEMAT has examined and knows the condition of the Subject Property and has received the same in good order and repair, and acknowledges that no representations as to the condition and ' repair thereof have been made by the Village, its agent or employee, prior to or at the execution of this Lease that are not herein expressed. NEMAT will keep the Subject Property; including all appurtenances, in good repair, except as to any damage or issues caused by normal wear and tear. NEMAT may elect to make such repairs with the Village's approval, or eliminate such waste and the cost thereof shall become additional rent immediately due and payable to the Village. Routine repairs, maintenance and replacements of the Subject Property shall be the responsibility of the Village. Normal wear and tear on the building and facilities is expected. However, NEMAT shall be liable for damage to the building and Subject Property or breakage of fixtures not a result of normal wear and tear. NEMAT will not injure, overload, or deface or suffer to be injured, overloaded or defaced the Subject Property or any part thereof. Upon termination of this Lease, NEMAT will yield the Subject Property to the Village, in good condition and repair, loss by fire and ordinary wear excepted, and will deliver the keys therefore at the place of payment of said Rent. NEMAT is authorized to paint the interior of the Subject Property prior to its taking possession. NEMAT shall have the option to contract with the vendor of its choice and at its own expense for janitorial services in NEMAT's portion of the Subject Property. If NEMAT chooses not to exercise this option, NEMAT shall pay on a timely basis all charges incurred by the Village for janitorial services in NEMAT's portion of the Subject Property. 2 14. Non - Liability of Village. Except as provided by Illinois statute, the Village shall not be liable for any damage done or occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewerage or the bursting, leaking or running of any pipes, tank or plumbing fixtures, in, above, upon or about Subject Property or any building or improvement thereon nor for any damage occasioned by water, snow or ice being upon or coming through the roof, skylights, trap door or otherwise, nor for any damages arising from acts or neglect of any owners or occupants of adjacent or contiguous property. This provision shall not apply where such damage is the result of Village's willful and wanton conduct. 15. Village's Right of Access. NEMAT shall permit the Village and its agents or representatives to enter the property at all reasonable times (work hours or when any employee or member of NEMAT is present after work hours) and may view the Subject Property and make repairs as necessary. The Village shall have the right to access the Subject Property at any time in the event of an emergency or the likelihood of damage to the Subject Property or adjacent Village Hall is imminent. 16. No Unlawful Occupancy. NEMAT shall not use or occupy, nor permit or suffer the Subject Property to be used or occupied for any unlawful or illegal business, use or purpose, nor for any purpose or in any way in violation of any federal, state or local law. Immediately upon the discovery of any such unlawful or illegal use, NEMAT shall take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any persons guilty of such unlawful or illegal use. 17. "Event of Default" Defined. The following events shall be an "Event of Default" hereunder: Failure of NEMAT to observe or perform one or more of the other terms, conditions, covenants or agreements of this Lease and the continuance of such failure for a period of thirty (30) days after Notice from the Village specifying such failure, unless such failure requires work to be performed, acts to be done, or conditions to be removed which cannot by their nature or due to an unavoidable delay reasonably be performed, done or removed, as the case may be, within such thirty (30) day period, in which case the Village may, at the Village's option extend the time to cure the Event of Default. 18. Termination By Village. After the Initial Term of this Lease the Village shall have the right to terminate this Lease if the Village determines the Subject Property is necessary to be used by the Village for municipal purposes. Prior to termination pursuant to this Section, the Village shall provide ninety (90) days Notice to NEMAT of said termination. 4 25. Fire and Casualty. In the case the Subject Property shall be rendered untenantable during the term of this Lease by fire or other casualty not the fault of NEMAT, Village at its option may terminate the Lease or offer a suspension of NEMAT's obligation to pay Rent until such time as the Subject Property is repaired. Village shall notify NEMAT of its decision within fourteen (14) days of the date upon which the Subject Property was rendered unleaseable. If Village elects to repair, this Lease shall remain in effect provided such repairs are completed within sixty (60) days, with NEMAT's payment obligations suspended until repairs are completed. If Village shall not have repaired the Subject Property within said time, then at the end of such time the term hereby created shall terminate. If this lease is terminated by reason of fire or casualty as herein specified, Rent shall be apportioned and paid to the day of such fire or other casualty. 26. No Waiver. No failure by Village or NEMAT to insist upon the strict performance of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this Lease shall be waived or modified except by a written instrument executed by the Parties. 27. Surrender of Property. On the last day of the Term or upon any earlier termination of this Lease, NEMAT shall surrender and deliver up to the Village the Subject Property without delay in good order, condition and repair, reasonable wear and tear excepted, free and clear of all liens and encumbrances. This Section shall survive any termination of this Lease. 28. Warranties and Representations. Each Party hereto warrants and represents to the other Party that (a) it has full power and authority to execute and deliver this Lease and (b) the execution of this Lease will not violate or constitute a default on its part under any agreement to which it is a Party or by which it is bound. 29. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted to be given hereunder (a "Notice ") shall be in writing and shall be sent registered or certified mail, postage prepaid, return receipt requested, addressed to the Party to be notified as follows: If to Village: Village of Lemont ATTN: Ben Wehmeier, Village Administrator 418 Main Street Lemont, IL 60439 with a copy to: Jeffrey M. Stein, Esq. Raysa & Zimmermann, LLC 6 all actions arising out of this Lease. 34. Sublet, Assignment. NEMAT shall not sublet, assign or otherwise transfer this Lease or its interest herein without the prior written consent of the Village. The Village may withhold such consent for any reason at any time. Deeds. 35. Amendment. This Lease may be amended only in writing with approval of the Village and NEMAT. 36. No Recording. The Parties agree that this Lease shall not be recorded with the Cook County Recorder of 37. Counterparts. This Lease shall be executed by the Parties in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute an original instrument. 38. Effective Date. This Lease shall become effective upon the last Party to execute this Lease. Village of Lemont, an Illinois Municipal NEMAT Corporation, By: By: Date: Date: 8