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HomeMy WebLinkAboutRes 04-89 03/07/1989 ~\I RESOLUTION NO. 4-89 A RESOLUTION AUTHORIZING EXECUTION OF AN LEASE AGREEMENT BETWEEN THE MOUNT PROSPECT HISTORICAL SOCIETY AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Mayor and Board of Trustees of the village of Mount Prospect, through the co-operate effort of the residents, businesses and Mount Prospect Historical Society have purchased the property commonly known as 101 - 103 South Maple Street which property will be the permanent location of the Mount Prospect Historical Museum¡ and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interest of the Village to lease the property located at 101 -103 South Maple Street to the Mount Prospect Historical Society for a period of 99 years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized and the Village Clerk directed to attest her signature on the Lease Agreement, a copy of which is attached hereto and hereby made a part hereof 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: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 7th day of March ,1989. caf.~. ~!f:--. Mayor ATTEST: ¿~YbÞ Carol A. Fields Village Clerk "1 r-"', LEASE ~ This Lease is made between the Village of Mount Prospect, a municipal corporation (called the "Village" herein) and the Mount Prospect Historical Society of Elk Grove and Wheeling Townships, a not-for-profit organization (called the "Society" herein) for use of the Village-owned property commonly known as 101-103 South Maple Street, Mount Prospect, Illinois, for the purpose of maintaining and operating the Society's offices; Historical Museum; public meeting space and ancillary commercial use. Background The Village and Society have had a long history of cooperation and mutual support which has included periodic monetary grants from the ViHage to the Society. In this regard, the Village has pledged to support the Society in its search for a permanent site for Society offices and Historical Museum. To that end, the Village entered into a contract and 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 the property came from a fund-raising campaign co-sponsored by the Village and the Society. Additionally, the fund-raising campaign sought to establish an operations and maintenance fund to underwrite the cost of renovating and restoring the single-family home on the site. Terms 1. Lease. The Village hereby leases to the Society, and the Society hereby leases from the Village the property commonly known as 101-103 South Maple Street, Mount Prospect, Illinois, which property includes the existing single-family home, carriage house, hayloft and adjoining front, rear and side yards all as depicted by the survey attached hereto as Exhibit "A" (hereinafter called "the premises") for a maximum period of ninety-nine (99) years, beginning March 1, 1989 and ending February 29, 2088 for the purpose of maintaining and operating the premises as the permanent site of the Society's offices, public Historical Museum and public meeting space; for the presentation and display of historical artifacts and displays, periodic entertainment and lectures to the public, ancillary areas usable for storage of historical artifacts, equipment and supplies; the sale of refreshments including liquor as permitted by law; and for complementary commercial purposes directed at raising funds for the Society's ongoing operation and maintenance. 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. 2. 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 this Lease. Rent is payable to the Village in care of the Village Manager's Office. 3. 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. 4. Renovation and Restoration of the Premises. The Society will, at its own cost and expense, undertake any steps necessary to renovate and restore the premises to a condition suitable for the purpose for which this Lease was entered into. At a minimum, the Society agrees to bring the premises into compliance with current applicable Village Code requirements (including but not limited to public access and Life-Safety Codes). Said renovation and restoration shall commence immediately upon the execution of this Lease or as soon thereafter as is practicable. Page One of Five . I All plans and specifications for renovation and restoration shall be submitted to the Village for approval prior to the commencement of any work. Any requirements for building permits shall be complied with, except that any fees, bonds, letters of credit or other guarantees required by Village Code are hereby waived. Additionally, any contractor doing work on the premises shall secure business and/or contractors licenses as required by Code, except that any related license fee is also hereby 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. 5. 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. 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 anyon-site parking area including snow and ice removal and repairs. The Village shall also be responsible for regular turf mowing and periodic tree and shrub trimming. 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. All repairs over the amount of $500 shall be subject to the prior written approval of the Village. Any requirements for permits, bonds, guarantees, etc., shall be handled consistent with the requirements set out in Section 4 of this Lease. (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. (d) Access. The Village reserves for itself, its officers, employees, agents and contractors, free access to the premises, upon proper notice to the Society, at all reasonable times for the purpose of inspecting, cleaning or making repairs, additions or alterations to the premises, but 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 provide the Village with a key to all locks to all doors and entrance ways. 6. Licenses and Taxes. The Society shall pay all license fees and excise taxes, if any, covering its activities on the premises. 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 by submitting to the Village copies of the Society's yearly tax returns and "Annual report of charitable organizations" and such other filings and reports as the Village may from time to time require. 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 the current tax-exempt classification of the premises with regard to real estate taxes, the Society shall be solely responsible for the payment of same. Page Two of Five r'\ 7. Utilities. The Society, at its sole expense, shall provide, or shall otherwise pay for, when due, all costs for providing all utili ties and other services on or to the premises including but not limited to elevator service, electricity, gas, water, telephone, sewer, heating, janitorial, security and grounds keeping <except as noted in paragraph 5 (a» and shall also pay all charges for utility installation and modifications thereto occasioned by its requirements. The Village shall be responsible for regularly scheduled garbage pick-up except that special pick-ups or dumpsters required as part of any ongoing restoration shall be the responsibility of the Society. The Village shall apply for electrical service benefits from Commonwealth Edison and use its best efforts to secure same. 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; the Village shall not be entitled to an offset, reduction or return of rental as a result of any interruption or failure of said services. 8. Equality of Opportunity/Nondiscrimination. The Society shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or physical or mental handicap, unless based upon a bona fide occupational qualification. 9. Liability. (a) Personal Property: The placement and storage of any and all personal property, including but not limited to Museum collections, artifacts, exhibits, private collections on loan to the Society, files, records, archives, etc., on the premises shall be the complete responsibility, and at the sole risk, of the Society. (b) Insurance: The Society, during the term of this lease, any extension thereof, or until its cancellation, shall be covered by the Village under its insurance plan for general comprehensive liability, fire and extended coverage insurance in the amounts 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 hereby extended to the Society under this clause. 10. Subleasing and Assignments. This lease contemplates no subleasing by the Society. This lease may not be assigned. It is contemplated that the premises will be utilized as the permanent site of the Society offices and Historical Museum. No other use, except those identified herein are permissible without the prior written approval of the Village. 11. 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. 12. 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 private possessions of the Society shall remain property for distribution according to the By-Laws of the Society. Page Three of Five " 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 15, and all of the estate, right, title and interest of the Society in the premises shall cease effective upon the last day and the succeeding month. The Village may then reenter the premises. If the ViHage reenters the premises pursuant to a notice of termination, based on a default of the lessee, the Society shall transfer its interest in the fixtures and improvements made to the premises, to the Village. 13. 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 materialmen's liens. The Society shall give the Village notice of any claim of lien filed. 14. Notices. Written notices, rental payments, requests, and grievances shall be made to the Village at the following address: 100 South Emerson Street, Mount Prospect, Illinois 60056; Attention: Village Manager. Written notices to the Society shall be made at the following address: P. o. Box 81, Mount Prospect, Illinois 60056; Attention: Society President. Either party may change its address by giving the other five (5) days' notice in writing. 15. Miscellaneous Matters. of the parties in writing. This lease may only be modified by agreement Acceptance of rent or continued performance does not waive full compliance with the terms and conditions of this lease by the other. Failure to insist upon full performance of any covenant shall not be deemed to consent to or waive any subsequent nonperformance. The laws of the State of Illinois shall govern the validity, construction and effect of this lease. This lease shall be binding upon any successors, assigns of the parties. The covenants of the parties shall be interpreted to carryout the purposes of the lease. 16. Integrated Agreement. This lease consists of four (4) pages and one (1) attachment; namely, a Plat of Survey of the premises. 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. Page Four of Five The ViHage of Mount Prospect Mount Prospect Historical Society of Elk Grove and Wheeling Townships By ~~ II j{~ BY~'4J¥ President . Date:-7~~ :( /91// Acting Under Authority of Resolution 1/4-89 Attest: Date:,~~ 7; 7cf',7 Acting Under Authority of Resolution AA! y 7fd~ Yillage -oClerk --- ~ I I Page Five of Five . I I I I I I i I I L