HomeMy WebLinkAboutRes 41-02 08/06/2002 WL
7126102
RESOLUTION NO. 41-02
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN
THE RIVER TRAILS PARK DISTRICT AND THE VILLAGE OF MOUNT PROSPECT
FOR OFFICE SPACE AT 550 BUSINESS CENTER DRIVE
WHEREAS, the River Trails Park District is the owner of property located at 550 Business Center
Drive; and
WHEREAS, the property referenced herein is to be used for the operations of the River Trails Park
District; and
WHEREAS, it has been determined that the best interests of the Village of Mount Prospect would
be served by leasing 4,300 square feet of office space at 550 Business Center Drive to the Village
of Mount Prospect Human Services Department, for the purpose of conducting daily operations and
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby
authorize execution of a Lease between the River Trails Park District and the Village of Mount
Prospect for the purpose of conducting daily operations and activities at offices at 550 Business
Center Drive, a copy of the lease attached hereto and herebymade a part hereof as "Exhibit A."
SECTION TWO: This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES:
Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel
NAYS: None
ABSENT: Wilks
PASSED and APPROVED this 6th day of August, 2002.
ATTEST:_ .
Village Clerk
H:\GEN\flle$\WIN\RES~Aut h agrrnt,Hum~nSvcs & RiverTrailsPark Dior lease,Aug,02.doc
GEORGE E. COLE~
LEGAL FORMS
No. t20t REC
February 1996
INDUSTRIAL BUILDING LEASE
CAUTION: Consult a lawyer before using or
acting under this form. Neither the
publisher nor the seller of this form makes
any warranty with respect thereto, including
any warranty of merchantability or fitness
for a particular purpose.
TERM OF LEASE
BEGINNING ENDING
AUgUSt 9, 2002 August 8, 200~
MONTHLY RENT DATE OF LEASE
$3,225.00 August 1, 2002
Above Space for Recorder's use only
LOCATION OF PREMISES
550 Business Center Drive, Mount Prospect, IL
4300 square 'feet, as shown on map attached hereto
as Exh/bit A and made a part hereof.
PURPOSE
Village of Mount Pzospect Offices, includiD~ H~m3n Services Department
LESSEE LESSOR
NAME · Village of Mount. Prospect NAME
ADDRESS . 100 s. Emerson Street ADDRESS
CiTY . Mt. Prospect, IL 60056 CITY
- River Tr~i 1 s Park District
· 401 E. C~t~ McDonald Road
· Prospect Heights, IL 60070-2508
In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases
from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appurtenances thereto,
for the above Term.
LEASE COVENANTS AND AGREEMENTS
1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until
termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing.
2. CONDITION AND UPKEEP OF PREMISES. Lessee has examined and knows the condition of the Premises
and has received the same in good order and repair, and acknowledges that no representations as to the condiiton and
repair thereof have been made by Lessor, or his agent, prior to or at the execution of this lease that are not herein
expressed; Lessee will keep the Premises including all appurtenances, in good repair, replacing all broken glass with glass of
the same size and quality as that broken, /g3,.d. t~rj.ll..r_ep~.c~ al~hgf4~,plumbing fixtures with others of equal quality,
and will keep the Premises, mchidmg/~jo~in~:~e~;/t~"[~l~egan and healthful condiiton according to the
applicable municipal ordinances and the direction of the proper public officers during the term of this Lease at
Lessen's expense, and will without injury to the roof, remove all snow and ice from the same
when necessary, and will remove the snow and ice from the sidewalk abutting the Premises; and upon the termination of this lease,
in any way, will yield up the Premises to Lessor, in good condition and rep. air, loss by fire and ordinary wear excepted, and will
deliver the keys therefor at the place of payment of Said rent. Les.soO w'J.l'l l~rov'id.e Lh~::i..r own c.u.b'LodJ, a.].
3. LESSEE NOT TO MISUSE; SUBLET; ASSIGNMENT. Lessee will not allow Premises to be used for any purpose that will
increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified, and will not load floors with
machinery or goods beyond the floor load rating prescribed by applicable municipal ordinances, and will not allow the Premises
to be occupied in whole, or in part, by any other person, and will not sublet the same, or any part thereof, nor assign this lease
without in each case the written consent of the Lessor first had, and Lessee will not permit any transfer by operation of law of the
interest in Premises acquired through this lease, and will not permit Premises to be used for any unlawful purpose, or for any
purpose that will injure the reputation of the building or increase the fire hazard of the building, or disturb the tenants or the
neighborhood, and will not permit the same to remain vacant or unoccupied for more than ten consecutive days; and will not allow
any signs, cards or placards to be posted, or placed thereon, nor permit any alteration of or addition to any of the Promises, except
by written consent of Lessor; all alterations and additions to the Promises shall remain for the benefit of Lessor unless otherwise
provided in the consent aforesaid.
4. MECHANIC'S LIEN. Lessee will not permit any mechanic's lien or liens to be placed upon the Premises or any building or
improvement thereon during the term hereof, and in case of the filing of such lien Lessee will promptly pay same. If default in
payment thereof shall continue for thirty (30) days after written notice thereof from Lessor to the Lessee, the Lessor shall have the
right and privilege at Lessor's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any
amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor
and shall be repaid to Lessor immediately on rendition of bill therefon
5. INDEMNITY FOR ACCIDENTS. Lessee covenants and agrees that he will protect and save and keep the Lessor forever
harmless and indemnified against and l¥om any penalty or damages or charges imposed for any violation of any laws or ordinances,
whether occasioned by the neglect of Lessee or those holding under Lessee, and that Lessee will at all times protect, indemnify and
save and keep harmless the Lessor against and from any and all loss, cost, damage or expense, arising out of or from any accident
or other occurrence on or about the Premises, causing injury to any person or property whomsoever or whatsoever 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 perform ail the requirements and
provision hereo~, l~ess~ v, hall prove.rig. J.n .sgra-nce for. Lhe Pr .~ses as lrea~o:na.bly apprcyv-ed.
Jaessor ~ :.~ssor as an acto. l.vA.ona~ ~ncont. rJ..bu~,.o.z'y J2'~surect
6. NON-LIABILITY OF LESSOR. Except as prov ded by Illinois stature, 12essor shall not be liable for any damage occasmned
by failure to keep the Premises in repai~; nor for any damage done or occasioned by or from plumbing, gas, water, sprinkl&r, steam
or other pipes or sewerage or the bursting, leaking or running of any pipes, tank or plumbing fixtures, in. above, upon or about
Promises 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, nnr lbr any damages arising from acts or neglect of any owners or occupants of
adjacent or contiguous property.
7. WATER, GAS AND ELECTRIC CHARGES. Lessee will pay, in addition to the rent above specified~ all water rants, gas and
electric light and power bills taxed, levied or charged on the Premises, t~r and during the time for which this lease is granted, and
in case said water rents and bills fur gas, electric light and power shall not be paid when due, Lessor shall have the right to pay the
same, which amounts so paid, together with any snms paid by Lessor to keep the Promises in a clean and healthy condition, as
above specified, am declared to be so much additional rant and payable with the installment of rant next due thereafter.
8. KEEP PREMISES IN REPAIR. Lessor shall not be obliged to incur any expense for repairing any improvements upon said
demised premises or connected therewith, and the Lessee at his own expense will keep all improvements in good repair (injury by
fire, or other causes beyond Lessee's control excepted) as well as in a good tenantable and wholesome condition, and will comply
with all local or general regulations, laws and ordinances applicable thereto, as well as lawful requirements of all competent
authorities in that behalf. Lessee will, as far as possible, keep said improvements from deterioration due to ordinary wear and from
falling temporarily out of repair, If Lessee does not make repairs as required hereunder promptly and adequately, Lessor may but
need not make such repairs and pay the costs thereof, and such costs shall be so much additional rent immediately due fi'om and
payable by Lessee to Lesson
9, ACCESS TO PREMISES. Lessee will allow Lessor free access to the Premises ~)r the purpose of examining or exhibiting the
same, or to make any repairs, or alterations thereof which Lessor may see fit to make and will allow to have placed upon the
Premises at all times notice of "For Sale" and "To Rent", and will not interfere with the same.
Page 2 No, 1201-REC
10. ABANDONMENT AND RELETTING. If Lessee shall abandon or vacate the Premises, or if Lessee's right to occupy the
Premises be terminated by Lessor by reason of Lessee's breach of any of the covenants herein, the same may be re-let by Lessor
for such rent and Upon such terms as Lessor may deem fit, subject to Illinois statute; and if a sufficient sum shall not thus be realized
monthly, after paying the expenses of such re-letting and collecting to satisfy the rent hereby reserved, Lessee agrees to satisfy and
pay all deficiency monthly during the remaining period of this lease.
11. HOLDING OVER. Lessee will, at the termination of this lease by lapse of time or otherwise, yield up immediate possession
to Lessor, and failing so to do, will pay as liquidated damages, for the whole time such possession is withheld, the sum of
Dollars ($ ) per day; but the provisions of this clause shall not be held as a
waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other
act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this lease and the term hereby granted for the period
still unexpired, for a breach of any of the covenants herein.
12. EXTRA FIRE HAZARD. Them shall not be allowed, kept, or used on the Premises any inflammable or explosive liquids or
materials save such as may be necessary for use in the business of the Lessee, and in such case, any such substances shall be
delivered and stored in amount, and used, in accordance with the rules of the applicable Board of Underwriters and statutes and
ordinances now or hereafter in force.
13. DEFAULT BY LESSEE. If default be made in the payment of the above rent, or any part thereof, or in any of the covenants
herein contained to Be kept by the Lessee, Lessor may at any time thereafter at his election declare said term ended and reenter the
Premises or any part thereof, with or (to the extent permitted by law) without notice or process of law, and remove Lessee or any
persons occupying the same, without prejudice to any remedies which might otherwise l~e used for arrears of rent, and Lessor shall
have at all times the right to distrain for rent due, and shall have a valid and first lien upon all personal property which Lessee now
owns, or may hereafter acquire or have an interest in, which is by law subject to such distraint, as security for payment of the rent
herein reserved.
14. NO RENT DEDUCTION OR SET OFF. Lessee's covenant to pay rent is and shall be independent of each and every other
covenant of this lease. Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against
any claim for rent in any action.
15. RENT AFTER NOTICE OR SUIT. It is further agreed, by the parties hereto, that after the service of notice or the
commencement of a suit or after final judgment for possession of the Premises, Lessor may receive and collect any rent due, and
the payment of said rent shalI not waive or affect said notice, said suit, or said judgment.
16. PAYMENT OF COSTS. Lessee will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made
and incurred by Lessor in enforcing the covenants and agreements of this lease.
17. RIGHTS CUMULATIVE. The, rights and remedies of Lessor under this lease are cumulative. The exemise or use of any one
or more thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise provided by
law, nor shall exemise nor use of any right or remedy by Lessor waive any other right or remedy.
18. FIRE AND CASUALTY. In case the Promises shall b~ rendered untenantable during the term of this lease by tim or other
casualty, Lessor at his option may term~inate the lease or repair the Premises within 60 days thereafien If Lessor elects to repair,
this lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have repaired the Premises
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 casualty.
19. SUBORDINATION. This lease is subordinate to all mortgages which may now or hereafter affect the Premises.
20. PLURALS; SUCCESSORS. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to
mean "Lessors" and "Lessees" in case more than one person constitutes either party to this lease; and all the covenants and
agreements contained shall be binding upon, and inure to, their respective successors, heirs, executors, administrator? and assigns
and may be exercised by his or their attorney oi' agent.
21. SEVERABILITY. Wherever possible each provision of this lease shall be interpreted in such manner as to be effective and
valid under applicable law, but if any provision of this lease shall be prohibited by or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this lease.
22. Lessor shall have the option of purchasing Lessee's phone syst~u when Lessee vacates
the premises at a mutually agreed upon price.
If this instrument is executed by a corporation, such execution has been authorized by a duly adopted resolution of the Board of
Directors of such corporation.
This lease consists of --'--%'~ pages numbered 1 to ~'~ , including a rider consisting of
pages, identified by Lessor and Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this instrument this day and year first above written.
Please print or type name(s)
below signature(s).
.(SEAL)
.(SEAL)
.(SEAL)
.(SEAL)
ASSIGNMENT BY LESSOR
On thisx/~' ~ ''5''~0~6,,~o47 °'5~O~°~ ~Oo~ ~, for value received, Lessor hereby transfers, assigns and sets over
to ~fos? ~ , alJ right, title and interest in and to the above Lease and
the
rent thereby reserved, except rent due and payable prior to
,: ~oo~
.(SEAL)
GUARANTEE
On this ~r.,{,~ ~A~ g)¢ ~'~Oq.05'1" , . ~'OOZ~ , in consideration ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees
the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of ali covenants
and agreements of the above Lease.
(SEAL)
(SEAL)
State of Illinois, County of ~---~o~'~-.. ss.
L the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that
~'~'~*'~i~ '~ personally known to me to be the same person __ whose name subscribed
'.~ "OFFIClg2~ to the foregoing instrument, appeared before me thi} d.ay in person, and acknowledged that __~_
~ ROBERTA cS~IGER ~ signed, sealed and delivered the said instrument as!~. ~ ~ free and voluntary act, for the uses
, Notary Pubflc, ,~f~[~ I[tinois ~
', My Commission ~:~e~-09/19104 1[ and purposes therein set forth, including the release and waiver of right of homestead.
GIVEN under my hand and official seal this ~_ 4, J~ day of
Commission expires
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No. 1201-REC
This document was prepared by
Mail to:
(Name and Address)
(Name and Address)
(City) (State)
(Zip Code)
Or Recorder's Office Box No.
Legal Description:
Permanent Real Estate lndex Number(s) ~)~ ~'-- /O:~'OO -7 - ~) 00(22)
Address(es) of Real Estate: -~",~O ~2>c,S/vh'e53 Cen-l:'t~'- "~ r~V() ~qgoo~'-lT~cos? ce..~)~LF'L ~ooo~-¢
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