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HomeMy WebLinkAboutRes 17-11 06/07/2011 Lease Agreement Between Metropolitan Water Reclamation District for Melas ParkMAYOR Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Korn John J. Matuszak Steven S. Polit Michael A. Zadel VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847 /392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 craw. mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, M. Lisa Angell, do hereby certify that I am the duly appointed Village Clerk of the Village of Mount Prospect and as such, am keeper of the records and files of said Village. I do further certify that attached hereto is a true and correct copy of Resolution No. 17- 11 "A RESOLUTION AUTHORIZING THE RATIFICATION OF THE EXECUTION OF THE THIRD AMENDMENT AND THE AUTHORIZATION TO EXECUTE THE FOURTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (MWRDGC) AND THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY COMMONLY KNOWN AS MELAS PARK" passed at the regular meeting of the President Pro Tern and Village Board of Trustees held June 7, 2011 at which time the Village Board voted as follows: AYES: Hoefert, Juracek, Korn, Matuszak NAYS: None ABSENT: Wilks, Zadel all as appears in the official records and files of the Village of Mount Prospect. Dated this 13 day of June 2011. ` 4 ` ..tee M. Lisa Angell Village Clerk Village of Mount Prospect Cook County, Illinois (Seal) RESOLUTION NO. 17 -11 A RESOLUTION AUTHORIZING THE RATIFICATION OF THE EXECUTION OF THE THIRD AMENDMENT AND THE AUTHORIZATION TO EXECUTE THE FOURTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO ( MWRDGC) AND THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY COMMONLY KNOWN AS MELAS PARK WHEREAS, the Village of Mount Prospect, an Illinois home rule municipal corporation (hereinafter the "Village ") and Metropolitan Water Reclamation District of Greater Chicago ( MWRDGC) a municipal corporation organized and existing under of the laws of the State of Illinois entered into a Lease Agreement dated May 7, 1981 for certain park premises commonly known as Melas Park; and WHEREAS, a Third Amendment to the Lease Agreement was authorized by the MWRDGC Board of Commissioners on May 19, 2011; and WHEREAS, the Village of Mount Prospect and the MWRDGC agreed to extend the Lease Agreement for an additional period of nine (9) days from June 1, 2011 to and including June 9, 2011; and WHEREAS, on June 2, 2011, The MWRDGC adopted a resolution approving the extension of the Lease Agreement for a full one your period; WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find that it is in the best interests of the residents of the Village to extend the term of the Lease Agreement, as amended. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1 : The recitals set forth above are incorporated herein as if fully set forth. SECTION 2 : That the Lease Agreement, as amended, shall be extended from June 1, 2011, to and including June 9, 2011, upon the terms and conditions set forth therein. SECTION 3: The 3r Amendment to the Lease Agreement as executed by the President and Village Clerk is hereby ratified in the form set forth and incorporated herein. SECTION 4: The President and Clerk are hereby authorized to execute the Lease Agreement, which extends the Lease Agreement for one year, as reviewed and approved by The Village Attorney. SECTION 5 : That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. 267454_1 MWRDGC — Melas Park Agreement Page 2 of 2 AYES: Hoefert, Juracek, Korn, Matuszak NAYS: None ABSENT: Wilks, Zadel PASSED and APPROVED this 7th day of June, 2011. pj j . p", ' t Steven S. Polit Mayor Pro Tern ATTEST: r M. Lisa Angell Village Clerk 2674541 Village of Mount Prospect Melas Park REV. 06107111 FOURTH AMENDMENT TO LEASE THIS INDENTURE, made this 2ND day of JUNE, 2011, by and between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing under the laws of the State of Illinois, (hereinafter designated the "Lessor "), authorized by an order of the Board of Commissioners dated the 2ND day of June, 2011; and THE VILLAGE OF MOUNT PROPSECT, a municipal corporation organized and existing under the laws of the State of Illinois, (hereinafter designated the "Lessee ") amends a certain Lease dated May 7, 1981, as amended, hereinafter for convenience called "Lease" for certain park premises commonly known as Melas Park. WHEREAS, on July 18, 1989, the Board of Commissioners authorized an amendment to the Lease extending the term of the lease for an additional period of twenty (20) years from June 1, 1991 to May 31, 2011 and authorized the sale of alcoholic beverages five (5) times per year on the leasehold premises; WHEREAS, on June 6, 1998, the Board of Commissioners authorized a second amendment to the Lease allowing the construction and maintenance of a 17 -car parking area on the leasehold premises; WHEREAS, on May 19, 2011, the Board of Commissioners authorized a third amendment to the Lease extending the term of the lease for an additional period from June 1, 2011 to June 9, 2011; WHEREAS, the Lessee and Lessor desire to enter into this Fourth Amendment To Lease by extending the Lease until May 31, 2012; NOW, THEREFORE, in consideration of TEN AND no /100 DOLLARS ($10.00), in hand paid by Lessee to Lessor and the covenants, agreements, premises, undertakings and representations made by the parties hereto, Lessor and Lessee agree as follows: A The Lease, as amended, is incorporated by reference herein and made a part hereof. B. The Lease term is extended for an additional period from June 10, 2011 to and including May 31, 2012. .•. ••• . • [THE REMAINDER OFYAli RArGE:[EFi BLANK INTENTIONALLY] [SIGNATURE PAGSFOLLOWS] . ... . ... . . • ••• ••• ••• •• IN WITNESS WHEREOF, THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO has caused this instrument to be executed in triplicate by the Chairman of the Committee on Finance of its Board of Commissioners and attested by its Clerk, and its corporate seal to be hereunto affixed; and the Lessee has caused this instrument to be executed in triplicate by its Mayor and attested by its Clerk and its corporate seal to be hereunto affixed all the day and year first above written. METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO i M. Santos an of the Committee on Finance ATTEST: J cqu in orres, Clerk VILLAGE OF MOUNT PROPSECT Title: ATTEST: By r �C ! I� Title: Q' � r • ••• ••• ••• •• 2 STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) The undersigned, a Notary Public in and for said County, in the state aforesaid, DOES HEREBY CERTIFY that - f7JGt")a, 1 �i /J s (name) personally known to me to be the h 6 r (title) of UU a municipal corporation, and village town /city) �. personally known to me to be (name) the l Cf of said municipal corporation (title) and personally known to me to be same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as su (title cont'i of said corporation, duly executed said instrument in behalf of said municipal corporation and caused its corporate seal to be affixed thereto pursuant to authority given by the corporate authority of said municipal corporation, as its free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _ day of A.D. 20. ... • .. .. ..: •.• • . Notary Public My Commission expires: . • .. ... • .. . • ENOTARY SEA C JAROSZ - STATE OF ILLINOISN EXPIRES 0411314 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) i 13rPpi c (4- F 440 l M e-S Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Cynthia M. Santos personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a municipal corporation, and Jacqueline Torres, personally known to me to be the Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said municipal corporation, and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Commissioners of said municipal corporation, as their free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of NSI A.D. 20 It . Notary My Commission expires: GFFICMAL SEAL 9119" F HOLMES 10?M1f PUBLIC - STATE OF ILLMIOIS 3 v / INCOMMISSION EXPiRES:03/30114 • • • • • 000 • • • • • • w a w f +' ? • • • APPROVED AS TO FORM AND LEGALITY: C a4 N Head Assistant A i ls' General Counsel APPROVED: Executive Director RECEIVED: Fee Insurance Bond Ronald M. Hill Acting General Counsel ronald.hill@mwrd.org August 19, 2011 Sean P. Dorsey Deputy Director Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Re: Fourth Amendment To Lease Dated May 7, 1981, Between the Metropolitan Water Reclamation District of Greater Chicago ( "District ") and the Village of Mount Prospect To Use Approximately 70 Acres of District Land Located at 1326 West Central Road in Mount Prospect, Illinois, and Known as Melas Park; L -123; File No. 10 NE 012. Dear Mr. Dorsey: Enclosed please find a fully executed original of the above - referenced Fourth Amendment To Lease between the District and Mount Prospect. This Fourth Amendment To Lease will expire on May 31, 2012. Should you have any questions, I may be contacted at (312) 751 -6557. Sincerely yours, Susan T. orakalis Principal Assistant Attorney STM:npe Enclosure �" n IP AI — qul ni U�. i�r' iuini Inpm �' BOARD OF COMMISSIONERS �I I Terrence J. O'Brien �U President tttu � i, Barbara J. McGowan tl Vice President C ynthia M. Santos Chairman of Finance Michael A. Alvarez '�Ipl /II7 ,I /Ipf614/ plop I /pUa�ilpl /�i/p�� ^Ipi�1A / ®i1��pH pl�ipYpBUlupr�n :�l�c rn�w nNnA Will Wild alit! 1! . n. Niq,Wiftw ~o%pow Frank Avila Patricia Horton Metropolitan Water Reclamation District of Greater Chicago Kathleen Therese Meany Debra Shore 100 EAST ERIE STREET CHICAGO, ILLINOIS 60611 -3154 312.751.6565 MariyanaT. Spyropoulos Ronald M. Hill Acting General Counsel ronald.hill@mwrd.org August 19, 2011 Sean P. Dorsey Deputy Director Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Re: Fourth Amendment To Lease Dated May 7, 1981, Between the Metropolitan Water Reclamation District of Greater Chicago ( "District ") and the Village of Mount Prospect To Use Approximately 70 Acres of District Land Located at 1326 West Central Road in Mount Prospect, Illinois, and Known as Melas Park; L -123; File No. 10 NE 012. Dear Mr. Dorsey: Enclosed please find a fully executed original of the above - referenced Fourth Amendment To Lease between the District and Mount Prospect. This Fourth Amendment To Lease will expire on May 31, 2012. Should you have any questions, I may be contacted at (312) 751 -6557. Sincerely yours, Susan T. orakalis Principal Assistant Attorney STM:npe Enclosure