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HomeMy WebLinkAboutRes 04-08 02/19/2008 Resolution No. 04-08 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT HISTORICAL SOCIETY FOR PROPERTY LOCATED AT 101 AND 103 SOUTH MAPLE STREET WHEREAS, on March 7, 1989, by Resolution 04-89, the Village of Mount Prospect ("Village") and the Mount Prospect Historical Society ("Society") entered into a Lease Agreement ("Lease") for Village-owned property commonly known as 101 -103 South Maple Street; and WHEREAS, the "Lease" granted use of the Village-owned property to the "Society" for the purpose of maintaining and operating the Society's offices; Historical Museum; public meeting space and ancillary commercial use for ninety nine (99) years beginning March 1, 1989 and ending February 29, 2088; and WHEREAS, the "Village" and "Society" desire to amend the Lease by rewriting it in its entirety, except for the term and location, which will remain unchanged; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have agreed to restate the terms of the "Lease," and otherwise amend the "Lease" under the terms and conditions set forth in the Lease Agreement attached hereto and made a part hereof as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The President is hereby authorized to execute the Agreement that is attached to this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Korn, Lohrstorfer, Zadel ABST AI N: Hoefert, Juracek NAYS: None ABSENT: None PASSED and APPROVED this 19th day of February 2008. ~~I:F~ frvana K. Wilks Mayor ATTEST: 7') I ,,~~Q'../t, Y' Q,Q M. Lisa Angell Village Clerk H:ICLKOlfileslWINIRESlamendedleaseagreementmountprospecthistoricalsocietyfeb2008doc AMENDMENT TO LEASE 101-103 SOUTH MAPLE STREET, MOUNT PROSPECT This Amendment is made this 19th day of February, 2008, between the Village of Mount Prospect, an Illinois municipal corporation (the "Village") and the Mount Prospect Historical Society, formerly known as the Mount Prospect Historical Society of Elk Grove and Wheeling Townships, an Illinois not-for-profit corporation (the "Society"). (The Village and Society are sometimes referred to as "Party" or "Parties.") RECITALS. The Village and the Society previously entered into a Lease dated March 7, 1989, (the "Lease"), for the leasing of premises, being Village-owned property located at 101-103 South Maple Street, Mount Prospect, Illinois; and The Parties desire to amend the Lease by rewriting it in its entirety, except for the term and location, which will remain unchanged. BACKGROUND The Village and the Society have had a long history of cooperation and mutual support, which has included periodic monetary grants from the Village to the Society. The Village had pledged to support the Society in its search for a permanent site for Society offices and an historical museum. To that end, the Village purchased the property commonly known as 101-103 South Maple Street, Mount Prospect, Illinois from the First Chicago Bank of Mount Prospect. Proceeds for the purchase of that property were the result of a fund-raising campaign co-sponsored by the Village and the Society. The fund-raising campaign also sought to establish an operations and maintenance fund to underwrite the cost of renovating and restoring a single-family home of historical significance and constructing an Education Center on the site. In addition, the Village has given the Society an annual grant for its operational support and the Society has provided its annual reports to the Village's Board of Trustees on the Society's events and activities. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. Lease. The Village hereby leases to the Society, and the Society hereby leases from the Village, the real property commonly known as 101-103 South Maple Street, Mount Prospect, Illinois, along with all buildings and structures, which include, but are not limited to, a single-family house, a carriage house, and an Education Center, as well as the Central School building, which is to be relocated to 103 S. Maple Street, all as depicted on the Site and Demo iManage:20270 1_1 Plan of the Premises by Norman J. Toberman & Associates, Consulting Civil Engineers, last revised January 22, 2008, attached hereto as Exhibit "A" (collectively "the Premises"). 2. Term. The term of the Lease shall be for a period of ninety-nine (99) years, beginning March 1, 1989, and ending February 29, 2088 (the "Term"). At the expiration of the Term of this Lease, the Parties may, upon mutual agreement, extend this Lease for an equal or lesser time period under terms and conditions mutually agreeable to the Parties (the "Extended Term.") 3. following: Use. The Society's use of the Premises shall be limited to the a. Maintenance and operation of the Premises as the permanent site for the Society's offices, a public historical museum and a public meeting place, Presentation and display of historical artifacts and displays, Periodic entertainment and lectures to the public related to the Society's mission, Use of ancillary areas for storage of historical artifacts, equipment and supplies, The sale of refreshments, including alcohol, in compliance with state law and Village ordinances and regulations, and Complementary commercial purposes directed at raising funds for the Society's ongoing operation and maintenance. b. c. d. e. f. No uses, except those identified herein, are permissible without the prior written approval of the Village. 4. Rent. The Society agrees to pay to the Village as rent, the sum of one dollar ($1.00) per year which sum is due and payable upon the execution of this Lease and at each subsequent yearly anniversary of the execution of the Lease. Rent is payable to the Village at the Village Manager's Office. 5. Acceptance and Condition of Premises. The Society accepts the Premises "as is, where is" at its own risk and expense; the Village makes no representation or warranty, express or implied, as to the condition of the Premises. 6. Renovation and Restoration of the Premises. The Society will, at its own cost and expense, undertake any steps necessary to maintain, renovate and restore the Premises to a condition suitable for the purpose of this Lease. At a minimum, the Society agrees to bring the Premises into compliance with then applicable Village Code requirements (including but not limited to public access and Life-Safety Codes) and to maintain the Premises in such compliance. iManage:202701_1 2 All plans and specifications for renovation and restoration on the Premises shall be subject to the Village's approval prior to the commencement of any work. No work shall be conducted without the required building permits, although any fees, bonds, letters of credit or other guarantees required by the Village Code shall be waived. Additionally, any contractor(s) working on the Premises shall secure business and/or contractor's licenses as required by the Village Code, any Village license fees related to such licenses being waived. The Village may, from time to time, at its sole discretion, provide funds, professional and/or technical support or other in-kind assistance to the Society for the purpose of facilitating said renovation and restoration. 7. Maintenance and Care of Premises. a. General Requirements. The Society will, at its own cost and expense, keep the Premises in a neat, clean, safe and sanitary condition, including all sweeping and removal of debris, and comply with all applicable laws and regulations of the State of Illinois and the United States and the Ordinances and regulations of the Village and with directions of governmental inspectors, including those of the Village. The Society will not permit any damage or injury to the Premises, permit the escape of any objectionable noise or odor, overload the floors or maintain any use that would be inconsistent with the purposes of this Lease. The Village shall be responsible for maintenance of the sidewalks surrounding the Property and any on-site parking area including snow and ice removal and repairs. The Village shall also be responsible for regular turf mowing, periodic tree and shrub trimming, as well as maintenance and repair of the water and sewer services from the right-of-way to the buildings. All other maintenance and grounds-keeping items shall remain the responsibility of the Society. b. Maintenance-Repairs. The Society will maintain the Premises making all needed repairs (including window breakage) at its sole cost and expense. Any requirements for permits, bonds, letters of credit, or other guarantees, shall be handled consistent with the requirements set out in Section 6 above. c. Alterations. The Society, at no expense to the Village, may remodel or make improvements to the Premises. All alterations, additions or improvements shall be subject to the prior written approval of the Village and shall be subject to Village permitting requirements consistent with Section 6 above. d. Access. The Village reserves for itself, its officers, employees, agents and contractors, free access to the Premises, upon proper iManage202701_1 3 notice to the Society, at all reasonable times for the purpose of inspecting, cleaning or making repairs, additions or alterations to the Premises. This right shall not be construed as a promise or undertaking by the Village to do any of the foregoing. For this purpose, the Society shall, upon request, provide the Village Manager's Office with a key and security access code to all locks to all doors and entranceways. e. Signage. The Society shall not place any sign on the outside of any building on the Premises without first obtaining written consent of the Village. f. Materials. The Society shall not use, store or allow to remain in or on the Premises any flammable and/or environmentally hazardous materials. g. The Society Not To Misuse. The Society shall not permit any unlawful practice, with or without its knowledge or consent, to be committed or carried on at the Premises by itself or any other person. The Society shall not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified. 8. Licenses and Taxes. The Society shall pay all license fees, income taxes, sales taxes, use taxes, payroll taxes, and any other kind of taxes arising from and relating to Society's activities. The Society shall, at all times, maintain its not-for-profit designation and tax-exempt status with the appropriate governmental authorities. The Society shall supply to the Village, annually, evidence of such designation and status. In the event that the Society does not maintain its not-for-profit designation and tax-exempt status, and as a result, the Village loses its tax-exempt classification of the Premises with regard to real estate taxes, the Society shall be solely responsible for the payment of same. Because real estate taxes are paid a year later than they are assessed, this covenant and condition shall survive the termination of the Lease and shall remain an obligation of the Society. The Society has the right to appeal any decision by the Cook County Assessor's Office regarding the real estate taxes, all at its expense. 9. Utilities. The Society, as its sole expense, shall provide, or shall otherwise pay for, when due, all costs for all utilities and other services on or to the Premises including but not limited to elevator service, electricity, gas, telephone, cable, heating, janitorial, security and grounds keeping (excluding water and sewer charges, and as noted in paragraph 7(a)) and shall also pay all charges for utility installation and modification thereto occasioned by its requirements. So long as the electrical service costs for the Premises are waived under the Village's franchise agreement with Commonwealth Edison, or other iManage:202701_1 4 electric provider, the Society shall not be responsible for payment of said costs. However, should that waiver cease, the Society will be responsible for payment of its electrical costs. The Village shall be responsible for regularly scheduled garbage pick-up except that special pick-ups or dumpsters, which are required as part of any ongoing restoration or repair, shall be the responsibility of the Society. The Village shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of said services due to any causes whatsoever. 10. Equality of Opportunity/Nondiscrimination. The Society shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment unless lawful based upon a bona fide occupational qualification. The Society shall comply with the provisions set forth in the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, see Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause. 11. Liability. a. Indemnification. The Village shall not be liable for any damage or injury to the Society, or any other person, or to any property, including but not limited to museum collections, artifacts, exhibits, private collections on loan to the Society, files, records, and archives, occurring on the Premises or any part thereof, except to the extent that such damage or injury is caused by any negligent or willful act or omission of the Village. All personal property of the Society that may be on the Premises during the Term or Extended Term, if any, shall be at the sole risk of the Society, and the Village shall not be liable to the Society, or to any person on the Premises, for loss or damage to such property, or for loss of income in the event of fire or other casualty, which prevents the Society from operating. The Society agrees to assume, pay and at all times indemnify, protect and save harmless the Village from any liability or damages to any person or property upon or about the Premises, in any way related to this Lease or caused by the acts, actions, omissions or property of the Society or its agents, licensees or invitees, except to the extent that such liability or damages are caused by any negligent or willful act or omission of the Village. b. Insurance. During the term of this Lease, and any Extended Term, if any, the Village shall maintain general comprehensive liability, fire and extended coverage insurance in the amount and within the limits of the plan then in force at the time of any casualty. No other insurance coverage of any kind whatsoever maintained by the Village is required under this clause. iManage:202701_1 5 The Society shall maintain commercial general liability coverage, including contents and liability coverage, with limits of not less than $1,000,000.00 for injury or death from one accident and $100,000.00 property damage, insuring the Village and the Society, among other things, against injury to persons or damage to property on or about the Premises. In addition, excess coverage shall be maintained with limits of not less than $2,000,000.00 per occurrence and in the aggregate. The Village shall be named as an additional insured on said policies, which coverage shall be primary and in no event considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. 12. Subleasino and Assionments. This Lease contemplates no subleasing by the Society. This Lease may not be assigned. 13. Condemnation. If the whole or any part of the Premises is condemned by any public entity, this Lease shall cease as to the part condemned upon the day the public entity takes possession. The Society shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but the Society may file a claim for moving expenses and relocation costs. 14. Destruction of Buildino. In the event that a building or structure on the Premises shall be rendered uninhabitable by fire, other casualty, or government determination or adjudication, the Village may, at its sole option, terminate this lease, or repair the building or structure within sixty (60) days, and failing so to do, or upon the destruction of the building or structure by fire or other casualty, the Lease term hereby created shall cease. 15. Termination. In the event that the Society defaults in the performance of any of the terms, provisions, covenants and agreements and such default is not corrected within thirty (30) days after notice thereof from the Village or such shorter period as may be reasonable under the circumstances; or defaults in the performance of a provision, covenant, or agreement after notice on three (3) or more occasions within a two (2) year period; or if the Society shall vacate the Premises, request release from its duties, file a petition in bankruptcy or otherwise become the subject of bankruptcy or receivership proceedings; or should the Society materially change its organization or its character so as to constitute a de facto assignment, or come under the dominion of another entity to the degree that its operations, judgments or commitment to acting as a historical society and museum are diminished, this Lease may be terminated at the option of the Village. In the event of termination, all personal property of the Society shall remain property for distribution according to the By-Laws of the Society. iManage:202701_1 6 To terminate the Lease, the Village shall send notice of termination by certified mail or deliver the same to the Society at the address provided pursuant to Section 18, and all of the estate, right, title and interest of the Society in the Premises shall cease effective thirty (30) days from service of the notice. The Village may then reenter the Premises. Upon termination of the Lease for any reason, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises at the commencement of, or during the Term or Extended Term, if any, shall become and remain a part of the Premises and shall be deemed the property of the Village, without compensation or credit to the Society and shall not be removed by the Society at the expiration date unless the Village requests their removal. 16. Holdover. Should the Society remain in possession of the Premises following expiration of the Lease Term or Extended Term, if any, the Society shall pay the Village a holdover payment of one hundred ($100.00) dollars each day until possession is delivered to the Village. Such a holdover payment does not constitute a new lease term or acceptance by the Village of a new or additional lease term of any kind, and no provision in this clause shall constitute a waiver by the Village of any right of re-entry or any other right the Village holds, including the right to forfeit for a breach of any of the covenants in this Lease. The Village shall not be liable for any damage caused by the Society's holdover, nor shall this lease be void or voidable, but the Society shall not be liable for any holdover payments until possession is delivered. 17. Liens. The Society shall at all times indemnify, save and hold harmless the Village and keep the Premises free and clear from any claims, liens, charges, encumbrances or litigation arising directly or indirectly out of the occupancy or use of the Premises by the Society, or of any work performed, material furnished or obligations incurred by the Village and shall keep the Premises free and clear of all mechanics' or material men's liens. The Society shall give the Village notice of any claim of lien filed, and in such event shall immediately cause the proper proceedings to be instituted to test the validity of the lien claimed thereby and in case any lien shall be found to exist, the Society will pay and satisfy and cause the release thereof within thirty (30) days after the date of such final judgment and/or decree. 18. Notices. Written notices, rental payments, requests and grievances shall be made to the Village at the following address: 50 South Emerson Street, Mount Prospect, Illinois 60056; Attention: Village Manager. Written notices to the Society shall be made at the following add ress: 101 South Maple Street, Mount Prospect, Illinois 60056; Attention: Society President. iManage:202701_1 7 Any notices required to be given under this Agreement shall be by personal service or certified mail, receipt requested, effective on the date of personal service or the date of receipt, respectively. Either Party may change its address by giving the other five (5) days' notice in writing. 19. Attorney's Fees and Confession of Judoment. In case suit should be brought by either Party against the other for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the Society's possession of the Premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 20. Force Maieure. Whenever a period of time is prescribed for action to be taken by the Village or the Society, they shall not be liable or responsible for, and there shall be excluded from computation for any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulators or restrictions, or any other causes of any kind whatsoever which are beyond the control of the Village or the Society, respectively. 21. Miscellaneous Matters. a. This Lease may only be modified by agreement of the parties in writing. b. Acceptance of rent or continued performance does not waive full compliance with the terms and conditions of this Lease by the other. c. Failure to insist upon full performance of any covenant shall not be deemed to consent to or waive any subsequent nonperformance. d. The laws of the State of Illinois shall govern the validity, construction and effect of this Lease. e. This Lease shall be binding upon any successors, assigns of the Parties. f. The covenants of the Parties shall be interpreted to carry out the purposes of the Lease. g. Should any portion of this Lease be deemed, or determined to be, unenforceable, it shall not affect the enforceability of the remaining terms hereof. iManage:202701_1 8 SURFACE LEGEND @ ~g~"o~Al '" REPLACE~ENT LEGEND 3" GRAN5P.:iR~~~OEWAlK ~ x1!JlDl!J:JSJ:/L @ 5" PC CONCRETE E, TYPE B =={......,. ---< , . o~~~~-==i ,". _. _' ~ ~:...._. . -- CO . ..... . . . ;,('_~ _"f'}'J!l''''O -- .. . ,. ~__. 0 -- . i~ ' '. ,:l.~~~r' 0 ~ · .. .... .' 0'" ~. - ._~)O) &+ liIlIISpou/ 0+ .. IE"- OP SOIL &: SOD (I ___",,.MM . V ." TOP SOIL'" N PARKWAV)(]) ."""" --- . . . . @ s' CONSTRucno SOD (ON-SITE) @ - . ... () . ~_ "_"~., --0 -..- . --,=- _. ~ -.. . ,See Owner's Pion f tecl Pion (TPP N:.e r., ~ · 1PP must be S Dr Snow fence- SltKt.w IOtr ~ .".; ~. nMO....:~~,~~d ~~ ~~::..~~,~'n ".....,., llll BUSSE itti no - n h 1 All III _ .__II1:II_.._ _ AVE ' _.__-,,"w -"'- _..:.---- NUE - --- .... Co" So., _ _ _ iJ,;''':~''77 I _ ~_ND.-I-A(fI'fI-lm-' _ ~_.em{....._~ ......~"lo-'-' {1MliM_~ Iffr:::lt'Jli ___u_ ..,~. ',' i ---- ~ (.ist. FtQll'lC GlII'ogc Lot3 j::. [..sl. Gat"9C ~ ~ " 't "- "<:l " ~ ~\l . N~' ~!I:IfE"'''' hr. ~". . .. ... o. .... . . . ... . . ;::;: '" II' I I I d: I,.. I ~. ., 111~ ... I II... II';' I" I Il.-- I II.: Ii ' 1 DEMOLITION LEGEND @ r'?rN~6v~pR: :f~~gf~ENn @) CONe. WALK/PAD-REMOVAL @ BITUMINOuS CONe. PVMT./SAWCUT (REMOVAL &c REPLACEMENTl IC_ONSTRUCTIOI I&MANAGER AN'ItIOIft'I.MR.', 'AbOMUIPWlNTCRO 1W/I.CIOfillAt tHCIaI.LDU->>>> lIrc&:)lJlIl'I-w,e IJl:JIUPI....W ~Ul.lll:'m/ 4112 LAND OWNEl 'o\llAG( Of 1'1'. HO$P(( Sll\(I0SClI III.NlISPKl.Lmi 'Olll-1llIO SURVEYOR AtllOllOM5 ]01 It 'MU( 51. IllUIIfIlWKI.Lmt p~.t:b~JJl u~ ARCHITECT wMlltllOSl'M WltRfNKOStMA55tlC. ~E.lUCUllIM( &, VILLAGE RESTORATION NOTES . CURB dt GUTTER. SIDEWAlK OR PAVEMENT DAWAGEO DURING THE RELOCATION/CONSTRUCTION SHAU BE REPLAC~ 2. PARKWAYS DISTURBED OURING THE RELOCATION/CONSTRUCTION SHALl. BE RESTORED wlTIi TOPOSOIL &. SOD. !i:fT1J_ .lml I I o ------ PROJECT BENCH MARK: ----- FIRE HYDRANT UPPER FLANGE . 'L_ SE BOLT ELEVATlON-667.JI ll~il I- W W IE: I- ml ~;~I~ Q.:i :i <C~ ~ :E I ~ I r .".. .. TENANT liIClLIII'llOSPlC' """'" socm 1015 [NIl. Ill. , t. IOO~ ~ 'Ill~.;.\'" - . .. NORlWl J. TOBERlIAH elATES .TlNG !AS D4n.......TOIItIl1. -....... ......IfIS....... "'" ...... FAX 1M7I.n.az1 ~. .It.-..:i CItOIDI ..... "'L.!l!.!.l!! ....... [o,SI. Cone " . .o,i..e. .' Lot:'2: PROPmED COVFRACF lol-2; ~ SCHodPT~ ~:gii m lOT AR~ 1..~S son r~h"e ,IIQ4 ANW 2st SQf'l CAJlAC[ 810son -'KfSJOO$' m son WAlK 105 son lDUCATION CENTER J.!.!. son 101M. COi(~( TOiSSOfl' TOTAl C==A9..~ san COl/OI(D .....IUS & Nfl INCREASE IN IIIPIJMOUS AREA PROPDS[O MtPflMOU5 2,!il22 5q,II.~ LESS[ICIS1.IIlP[llI/lOUS~sq.rI.A NET GNN or 1,507 SQ.n.4ib ... "'" ,.~ .., :/rII04. ~ I ~~~1~6r.::.~\e """" hisl. &' C"oi"'li"'Mre~e ....~ .... ..... ~""'IIU' :~':.~ .. .. ii ---=r,.. D t ~ L"' RElOCATED CENTRAL SCHOOLHOUSI Ih$,UPl.f:AVE MI.MOSPECI,I._ ~ 06-5219 SITE & DEMC PLAN Y:\2006 J085\0&:5219 (RclOcated School with Basement) 103 5 Maple Ave (MOUNT PROSPECT)\1-22-08-REV"06-S219.dwg, 01{22{2008 11:32:17 AM, Adobe PDF r~~~' ~..-JJ:'~e , 10S S. Uople Awe. T.'.-666,81 NOTICE OF PUBLIC HEARING ON AMENDMENT TO LEASE OF 101-103 SOUTH MAPLE STREET TO MOUNT PROSPECT HISTORICAL SOCIETY NOTICE IS HEREBY GIVE N that the Carporate Authorities of the Village of Mount Prospect, Cook County, I Jlinois, will hold 0 public hearing at 7:00 p.m. on February 19, 2008, in the Board Room, located on the third floor of the Mount Prospect Village Hall, SO S. Emerson Street. Mount Prospect, Illinois, to con- sider adoption of on ordi- nance approving an Qmend~ ment to the lease of 101-103 South Maple Street between the Village of Mount Pros- pect and the Mount Pros- pect Historical Society, pur- suant to the provisions of 65 ILCS 5111.76.1, 11-76-2, re- garding the following prop- erty (the "Premises"): Address: 101.103 S. Maple Street, Mount Prospect, Illinois Legal: 08-12-110-001 and 08-12-110-001 Lots 1 and 2 in Block 1 in Busse and Wille's Resubdl- vision in Mount Prospect in the West Half (1/2) of Sec- tion 12, Township 41 North, Range 11 East of the Third Principal Meridian. The Premises was leased by the Village to the Histori- cal Society on March 7.1989, for a periad af ninety (99) years. The proposed amend. ment is to rewrite the lease, except for the term and lo- cation, which will remain unchanged. The Society's use of the Premises shall be limited to a) maintenance and operation of the Prem- ises as the permanent site for its offices, 0 public his. toricol museum and a public meeting place, b) presenta- tion and display of historical artifacts and displays, c) periodic entertainment and lectures to the pUblic re. Jated to the Society's mis- sion, d) use of ancillary or. eos for storage of historical artifacts, equipment and SUPPlies; e) the sale of re- freshments, including oleo. hol, in compliance with state law and Village ordj. nances and regulations, and f) COMotementcr\' com!T!er. cial purposes directed at raising funds for the Soci. ety's ongoing operation and maintenance. Na other uses are permissible without the pr iar written opproval of the Village. All persons wishing to be heard may appear and be heard at the pUblic hearing. Soid public hearing may be continued from time to time without further notice ex. cept as otherwise required by the Illinois Open Meet- ings Act. BY ORDER of the Corpo- rate Authorities of the Vil- lage of Mount Prospect. Cook County, Illinois. By: Is/ M. Lisa Angell Vi lIoge LlerK Published in Daily Herald Jan. 2',2008 (4026353)N CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Daily Herald Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been circulated daily in the Village(s) of Algonquin, Antioch, Arlington Heights, Barrington, Barrington Hills, Lake Barrington,North Barrington,South Barrington, Bartlett,Batavia, Buffalo Grove,Burlington,Carpentersville,Cary,Deer Park,Des Plaines, South Elgin,East Dundee,Elburn, Elgin,Elk Grove Village, Fox Lake, Fox River Grove,Geneva,Gilberts, Grayslake, Green Oaks, Gurnee, Hainesville,Hampshire,Hanover Park,Hawthorn Woods, Hoffman Estates, Huntley,lnverness,lsland Lake,Kildeer,Lake Villa,Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lindenhurst, Long Grove, M1. Prospect,Mundelein,Palatine,Prospect Heights, Rolling Meadows, Schaumburg, Sleepy Hollow, S1. Charles, Streamwood, Tower Lakes, Vernon Hills, Volo, Wauconda, Wheeling, West Dundee, Wildwood, Campton Hills County(ies) of Cook, Kane, Lake, McHenry and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published January 24, 2008 in said DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS .I I ~ 11 .:,~ .1 t,} f. 1/ BY I """-,-")"';;"';.{.,,,,,f ..,.......l"" Authorized Ag~bt . ,.",ro'i f:~/'~.}. ,^ Control # T4026353 22. Inteqrated Aqreement. This Lease consists of nine (9) pages and one (1) attachment; namely a Site and Demo Plan, Exhibit A. It constitutes the entire agreement of the parties. It supersedes and negates any oral representation or understanding that would modify or limit its text. IN WITNESS WHEREOF, the parties have signed this document In duplicate and affixed their corporate seals by their authorized officials. VILLAGE OF MOUNT PROSPECT MOUNT PROSPECT HISTORICAL SOCIETY I By: ff~~~~ Irvana K. Wilks Mayor Date: ~"~/-z1<l By: ~ Its re' ent Date: e:< - ;;La -();-- Acting Under Authority of Resolution 4-08 Acting Under Authority of Resolution 2008.01 Attest: Allest: /J~ JJ~~~I' Its Secretary '-. iManage202701_1 9 Resolution # 2008.01. Adoption of Amended Lease Agreement between the Village of Mount Prospect and the Mount Prospect Historical Society. A copy of the amended lease agreement between the Village of Mount Prospect and the Mount Prospect Historical Society was present for consideration at a regularly scheduled meeting of the Board of Directors of the Mount Prospect Historical Society on January 21,2008. Following a discussion, a move was made by Jean Murphy to adopt the amended lease agreement, motion seconded by Paul Hoefert. Vote passed by unanimous consent.