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O-72-64ORDINANCE NO. 0 -72- 64 AN ORDINANCE TO LEASE A PORTION OF PROPERTY FROM THE UNION OIL COMPANY OF CALIFORNIA FOR PUBLIC STREET AND PARKING LOT PURPOSES WHEREAS, the Village desires to construct and maintain a public parking lot and parking facilities; and WHEREAS, the Village in connection with the establishment of such facilities desires to acquire a small strip of land measuring 50' in width and 50' in length and described as follows: That portion of property commencing at a point 285 feet West of and 233 feet North of the Southeast corner of the Southeast Quarter of the Southeast Quarter of Section 29, Township 43 North, Range 12, East of the Third Principal Meridian; the true point of beginning; thence West 50 feet; thence South 50 feet; thence East 50 feet; thence North 50 feet; to a point of beginning, in Lake County, Illinois; and WHEREAS, the Union Oil Company of California has possession and control of said 50' parcel of property by virtue of a certain lease agreement with options to purchase entered into with the Continental Illinois National Bank & Trust Company of Chicago, as owner; and WHEREAS, the Union Oil Company of California is willing to lease the described 50' parcel of property to the Village and to subsequently dedicate said parcel of property to the Village for public street and parking lot purposes in return for the construction, by the Village, of two driveway entrances:and associated curb cuts onto relocated Park Avenue (in the event the Village's present plans for such relocation are effectuated) to serve the adjoining premises occupied by Lessor's gasoline service station; and WHEREAS, it is deemed to be in the best interests of the Village that the said described 50' parcel of property be leased from the Union Oil Company of California for a period of 7 years commencing on November 1, 1972, and upon the terms and conditions set forth in a Lease Agreement, a copy of which is attached hereto and incorporated herein by reference and made a part of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the said Lease Agreement, a copy of which ONE: is attached hereto, is hereby approved. SECTION That the President of this Village and the TWO: Village Clerk are hereby authorized and directed to execute said Lease Agreement on behalf of this Village and to record a copy thereof in the office of the Lake County Recorder of Deeds. SECTION That all ordinances or parts of ordinances in THREE: conflict herewith are, to the extent of such conflict, hereby repealed. SECTION That the Village Clerk is hereby directed to FOUR: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FIVE: effect from and after its passage, approval and publication as provided by law. AYES: SIX (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 4th day of December , 1972 APPROVED this 4th day of December , 1972 ATTEST: VILLAGE CLERK VILLAGE PRESIDENT STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly elected and acting Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the foregoing is a true and accurate copy of an ordinance entitled "AN ORDINANCE TO LEASE A PORTION OF PROPERTY FROM THE UNION OIL COMPANY OF CALIFORNIA FOR PUBLIC STREET AND PARKING LOT PURPOSES ", passed by the President and Board of Trustees of the said Village at a regular meeting thereof on the 4th day of December, A.D. 1972, and thereupon published in pamphlet form by said President and Board of Trustees, all as appears in the records and files of my office. Dated this 5th day of December, A.D. 1972. SEAL Catherine B. Price Village Clerk Lease Agreement ' v (Miscellaneous 'Prope . es) Union Oil Company of California union THIS LEASE AGREEMENT, made this day of 19 , between UNION OIL COMPANY OF CALIFORNIA, a California corporation, hereinafter referred to .as " Lessor," and The City of Deerfield. Illinois. a amicipal corooratum hereinafter referred to as "Lessee" IN I T N E S S E T H: That the Lessor does hereby demise, lease and let unto the Lessee those certain premises, together with any and all buildings and improvements thereon, situated in the City of Deerfteld County of take and State of Illinois; more particularly described as follows: Cdz=cing at a point 283 feet Want of send 233 feet North of the South East corner of the Soutar FAst Qwuter of the South fast Quarter of Section 29, T mftp 43 tbrth, H1age 120 East of the 3r+d Principal Neridiian; the truo POVIT a? EMIR ; thence West 50 feet; thence South ,50 feat; thence East 50 feet; thence North 5 feet; to the POW OF BMINNIM. To have and to hold for a term of 7 years, beginning on the tot day of Novoober 19 72 (hereinafter called "original term "), and thereafter for consecutive terms of one month each; provided either party may terminate this lease at the and of the original term or at the end of any calendar month thereafter by giving to the other party at. least thirty (30) days prior written notice. .1. Lessee agrees to pay Lessor as rent for said premises the sum of One Dollar 01.00) az-A other good and valuable consideration as set fortis herein. Pat ereo ny rental no pot wen e s a a ) . 2. Lessee hereby acknowledges that he has had an opportunity to examine the leased premises, and all improvements, buildings, fixtures, equipment, tools and appliances situated thereon, and has received the some in good condition, order and repair, and that no representations as to the condition or repair thereof have been made by Lessor. 3. Lessee hereby covenants and agrees that he will pay all charges connected with the operation of said premises, including license, permit and inspection fees, occupation and license taxes, and any and all water, gas, telephone, electric light and power charges assessed or charged on or against said premises, or Lessee's use or occupancy thereof, or the business conducted thereon, and will have all meters and accounts for water, gas, telephone, electric light, power and other utilities transferred to Lessee's name. . 4. (a) Lessee hereby covenants and agrees that he will use the leased premises only for the operation of a lawful business; that he will not sell or permit the sale of intoxicating beverages on or from the leased premises; and that he will not store or permit the storage of products or merchandise on the leased premises which will increase the rote of insurance on the improvements. (b) Lessee further covenants and agrees that he will not commit or suffer a nuisance or waste on the leased premises; that he will keep said premises, buildings and restrooms thereon located, lighting, other fixtures, equipment, tools and appliances, together with adjoining sidewalks, areas, alleys and entranceways, in good order and repair and in a clean, sanitary, safe and healthful condition;that he will repair or replace all buildings, equipment, tools and appliances on the leased premises, damaged or destroyed by the negligence of Lessee; that he will comply with all federal, state and local laws, rules, regulations and ordinances with regard to the use, condition and operation of the leased premises; that he will make no alterations in or additions to the buildings, structures or equipment upon the leased premises without the prior written consent of Lessor; and that upon expiration or cancellation of this lease in any manner, he will forthwith surrender the premises, buildings, fixtures, equipment, tools and appliances to Lessor in the some condition, order and repair as when received, ordinary wear and tear and damage by fire or the elements alone excepted. X X X X X X X (c)y77A the exp at 'on or togqipn�ltpa tion of�jh'u lease, y pse of��yyi or oth ��¢¢e, Lesss��e��sshall y1e� ��}}pp posseyy¢¢ion toAessor 515d eturn t s to LlfsS`Ifr. Fail ii�'gS'o to do,p�yy L see shd41 x� as li id>lted darrfagb3 for the�lvlfaI t!se'3uch posXessA is ZithheTd,.aium aNuaI A twMe thel',amoRt ofXhe o$'p1ic3e re)JaI f3l sucKperiy, . TFJ prov7p ion Xf this paragad (c) an *t accept nab of any ugh liquidr ter damage 6,1 Lessor shill not crpnKitute a v�aiyer by Lg�ss�r of its right q� re- enterin as herein et forth, n shall any act in app rent affirms ce of the``yoncy op a e as a waiver of the right t8�terminate is lease, operate a s renewoIX; extensio thereof, bu during suo}iperiod of 4yoldover Le-Aee shall be a tenant at sufferance. 5. Lessee hereby covenants and agrees that he will not assign, mortgage or encumber this lease in any way, or sublet the said premises, buildings, fixtures, equipment, tools and appliances, gr any part thereof, without first securing Lessor's written consent; that he will not suffer any lien or encumbrance to be placed upon the leasehold hereby created, or any part thereof; and that he will not remove or permit to be removed from the leased premises, any of the buildings, fixtures, equipment, tools and appliances included in this lease. 6. Lessee hereby covenants and, agrees that he will indemnify, protect and save Lessor harmless from and against any and all losses, damages, claims, liability, suits and actions, whether in law or equity, judgments and costs, which shall arise from or grow out of any injury to or death of persons and fordamage to property accruing while such persons or property are on, approaching or leaving the leased premises, or caused or occasioned by, arising from, or in any manner connected with the use, maintenance, operation and /or condition of the said premises, buildings, equipment, tools and appliances, or the exercise of any right herein granted, whether sustained by Lessee, or Lessor, or their respective agents or employees, or any other person or persons, firm or corporation, which may seek to hold Lessor liable, excepting nothing herein shall require Lessee to be responsible for any damage or injury caused by Lessor's negligence while on or about said premises.. FORM 3- BA09 -E P-25 (1.71) FORMERLY 205.105 PRINTED IN U.S.A. 7. Lessee hereby covenants and a)reas that should he die or be adjudicated insane or should he fail to pay any installment of rent when due, or should he make any default in performance of any of the covenants, conditions, stipulations and agreements. herein contained, or should he be adjudicated a bankrupt or make an assignment for the benefit of creditors, or should he take advantage of any insolvency law, or should his interest under this lease be levied upon or sold under execution or become vested in any other person, firm or corporation by operation of law, or should a receiver be appointed for him or for his interest under this lease, or should the leased premises or any part thereof or any interest therein be taken in appropriation proceedings or by right of eminent domain, or should Lessor sell or agree to sell the leased premises, or any port thereof, to the federal, state or any local government, or any political subdivision thereof, or any department, agency, division or fristrumentality thereof, for highway or other public purposes, or should Lessor make a bona fide sale of the leased premises or any part thereof, then and in any such event Lessor, at any time thereafter, shall have the right, without notice, to forthwith cancel and terminate this lease agreement and thereupon to enter upon the leased premises and take possession of the same, together with all improvements, buildings, fixtures, equipment, tools and appliances situated thereon, but such cancellation, termination and re -entry shall be without. prejudice to any right of action or remedy of Lessor against Lessee with respect to any breach of the provisions of this lease by Lessee. Lessee waives any and all rights to damages in event of condemnation or appropriation of the leased premises, or any part thereof, including Lessee's leasehold interest, and Lessee agrees that Lessor shall be entitled to receive and retain any damage award or settlement. Lessee does hereby waive any and all exemption, stay and redemption laws, including all statutory provisions as to notice to quit, now or hereafter enacted, and does hereby agree that Lessor may pursue any remedy or remedies for violation of this lease or any of its covenants that may be available to Lessor, and the pursuit of one remedy shall not bar the pursuit of any other or additional remedies whether or not herein enumerated. 8. It is mutually covenanted and agreed that none of the provisions of this lease shall be construed as reserving to Lessor any right to exercise any control over the business or operations of the Lessee conducted upon the leased premises, or to direct in any respects the manner in which any such business and operations shall be conducted, it being understood and agreed that the entire control and direction of such activities shall be and remain with Lessee. It is further understood and agreed that Lessee shall have no authority to employ any persons as employees or agents for or on behalf of. Lessor for any purpose, and that neither Lessee nor any other persons_ performing any duties or engaging in any work upon or about the leased premises shall be deemed to be employees or agents of Lessor. Lessee shall not erect, maintain, nor permit any sign, insignia, or other advertising device upon or near the premises herein leased which would, in any way, indicate that Lessor is the owner or operator of the business conducted upon said premises. 9. Lessor is hereby granted a An upon all merchandise and other 'roperty of Lessee now or hereof torNocated on the lea ad promises, to secure the payrgn:gof rent and the full performanceXofIll obligations of Lessee under Ibis lease. Upon defa}�It, Lessor may, without cour�7actrgqgg, take possession of all suc proppegrrty and may sell some at pub 'c or private sale conXcted after notice by publicafTon i o1ne issue of a newspaper cftulatgd in the county in which thegemised premises are (Red, such notice-to statNthe timKond place of said sale; ilovided,Z.essor may sell or. purchoXe any or all of the march. is.' at Lessee's original cost wi out holding a sale o%aforesaid rd without notice to L.ssee, and apply the procee , thereof, first to pay At of any ran due hereunder, and ge balance to ayment of any indebie Hess due by Lessee to Les? d 1T .i� � ,l[` 10. Su act to paragr{yph 9 hereof, Les hereby coveggnts and agrees th�aL;upon the ex 'lion or cancellation of this lease any manner atsoever, he will forthwith remov from the leased pr ises any equ7ment, tools, containers, machinery, nijirchandise Xnd personal property It any descf%ption belonging to hi 'and any syLuctures, improvements or fixtures erect on the leased premises by Lessgp, and s4ould he fail so to do wit 'n five (J) days of such expiration or cancellation, shall X considered to have. abardianed sa e, and Lessor shall have he opti either to retain or dispose of some withoutzccoulting to Lessee therefor in anylanni, or cause the removal of saigstruc%vres, improvements, fixtures, equipment, tools,volttainers, machinery, merchandisearrd personal property, or any portlhxeof, at and for the account of Lessee. In event essee removes from the leased pre ses any structures, fixtures, contar ers, machinery or other property, Lessee covenants Xnd agrees to repair any and all dalage to the leased premises causelor occasioned by such removal. 11. Lessor shall have the right to enter the leased premises at any time, with such employees and equipment as it may deem necessary, for the purpose of examining and inspecting same and for the purpose of determining the rental due hereunder, and may without any obligation, make such repairs, replacements, additions and /or alterations as it may deem desirable, provided that such right shall not be exercised in such manner as to interfere unreasonably with any business of Lessee conducted thereon. 12. The waiver of any breach of any covenant, condition or stipulation contained herein shall not be taken to be a waiver of any subsequent breach of the some or any other covenant, condition or stipulation, nor shall any failure of Lessor to enforce rights or seek remedies upon any default of Lessee with respect to the obligations of Lessee hereunder, or any of them, ge�rprejudice gqpporr affect the riiipghyyt��s or remedies � �otf tLLesso�ryvin the ±event of any subsequent default ofg Lessee. �y y q y A.'r'S14ul9 t'R UeXpXbr&A X Tbr7bgZl Xy!CrXof thX EWeITAXAX44l &A Xe� 4oXefyhXt9CtXrnAaX thii�seXIe�"tta.,Xhbby,�,,�n%mJii* a JeaeXgX,*tj�,eXhh&I s 0Xr*iN. ooY9 X.rji1Ypr1"c *ArclI*cXhXtrjilirs Pi0XtyXd (&a�}'e. thSfevon,`fih8"rdiitdl'sg pa7.bil h�radli d r'hS'll"cTb��e�u�n�lh�e re�stoFafion�p�so .4a.%.,Xu�e�d�erXor�r�y kUSXna�s�op�rat�ior� 14. If Lessor is not the owner of the premises herein demised, then this lease and the estate hereby created are subject to all the terms and conditions of the lease or other arrangement under which Lessor is entitled to possession of said premises, and if for any reason whatsoever, Lessor's tenancy is cancelled, terminated or surrendered, then this lease shall automatically terminate and end without further act of either of the parties hereto and* without any liability on the part of Lessor. 15. It is mutually understood and agreed that there are no understandings or agreements, written or oral, expressed or implied, between the parties hereto regarding the subject matter of this agreement, and no alterations or additions to this agreement shall be binding upon Lessor unless in writing and signed by an authorized representative of Lessor. 16. This lease cancels and supersedes any lease or other agreement between the parties hereto with reference to the possession of the leased premises. 17: Any n3tfces under this lease shall be delivered to Lessee at the leased premises and to Lessor at its office shown below. Notice may be given by registered mail or certified mail, and in such event the date- of.service_sholl be the date on which the notice is deposited in a United States Post Office, properly stamped and addressed. ` 18. This agreement shall not become` effective or be binding on Lessor' unless and until signed 6y its authorizes representative, and beginning of performance hereunder shall not be a waiver of this provision. IN WITNESS WHEREOF, the parties have caused the due execution of this agreement the date first above wr.ittQn_.— WITNESS: WITNESS: Union Oil Company of California By Division Sales Manager Division Sales Office Address (Seal) Lessee 19. Anything to the contrary in this Lease notwithstanding, it is understood that Lessor herein presently holds and occupies the premises under a certain written Lease Agreement dated April 1, 1954 between'Continental Illinois National Bank and Trust Company of Chicago as owner and Lessor, and the Pure Oil Company (succeeded by Union Oil Company of California by Merger Agree- ment dated July 16, 1965) as Lessee; said Lease Agreement recorded in the records of Lake County in Book 1240, Page 221. Contained in the above referred to Lease Agreement are various purchase options, one of which Lessor herein will exercise on or before the 31st day of March, 1979, for the purpose of acquiring fee simple title to the property described in this Lease together with other property abutting and lying South to that described herein. 20. Lessor covenants and agrees that during the seven year term of this Lease, Lessee may take possession of the leased premises and may grade, pave and otherwise improve the same and use it for public street and parking lot facilities. 21. Lessor hereby warrants that it has obtained the written consent of the said Continental Illinois National Bank and Trust Company of Chicago as owner of the leased premises, to this lease agree- ment and the public improvements and uses proposed to be installed and maintained. upon the leased premises by the Lessee. 22. For mutual considerations to be gained, Lessor and Lessee herein mutually agree as follows: (a) When Lessor herein exercises its option to purchase the above - described property, it will immediately thereafter convey by Special Warranty Deed such property to the Lessee herein, at and for a cash consideration of Ten Dollars ($10.00) and other good and valuable consideration as follows: Lessee, as consideration for the premises, will, or will have, dedicated a new proposed street along the. East property line of this and Lessor's abutting lands above referred to; in conjunction therewith, Lessee herein agrees to provide and construct at Lessee's sole cost and expense, two driveway entrances and associated curb cuts to serve Lessor's gasoline service station on said abutting lands of Lessor which are adjoining and South of the above - described leased premises, which driveway entrances and curb cuts shall be located on said abutting lands as designated by Lessor herein and shall be constructed in accordance with applicable provisions of the Village ordinances pertaining to driveway and curb construction. i Contemporaneously with the deeding from Lessor to Lessee, this Lease Agreement will become null, void and non - existant so long as cove- nants contained herein have been fulfilled. ORDINANCE NO. 0 -72- 64 AN ORDINANCE TO LEASE A PORTION OF PROPERTY FROM THE UNION OIL COMPANY OF CALIFORNIA FOR PUBLIC STREET AND PARKING LOT PURPOSES WHEREAS, the Village desires to construct and maintain a public parking lot and parking facilities; and WHEREAS, the Village in connection with the establishment of such facilities desires to acquire a small strip of land measuring 50' in width and 50' in length and described as follows: That portion of property commencing at a point 285 feet West of and 233 feet North of the Southeast corner of the Southeast Quarter of the Southeast Quarter of Section 29, Township 43 North, Range 12, East of the Third Principal Meridian; the true point of beginning; thence ' West 50 feet; thence South 50 feet; thence East 50 feet; thence North 50 feet; to a point of beginning, in Lake County, Illinois; and WHEREAS, the Union Oil Company of California has possession and control of said 50' parcel of property by virtue of a certain lease agreement with options to purchase entered into with the Continental Illinois National Bank & Trust Company of Chicago, as owner; and WHEREAS, the Union Oil Company of California is willing to lease the described 50' parcel of property to the Village and to :subsequently dedicate said parcel of property to the Village for public street and parking lot purposes in return for the construction, by the Village, of two driveway entrances and associated curb cuts onto relocated Park Avenue (in the event the Village's present ' plans for such relocation are effectuated) to serve the adjoining premises occupied by Lessor's gasoline service station; and WHEREAS, it is deemed to be in the best interests of the Village that the said described 50' parcel of property be leased from the Union Oil Company of California for a period of 7 years commencing on November 1, 1972, and upon the terms and conditions set forth in a Lease Agreement, a copy of which is attached hereto and incorporated herein by reference and made a part of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the said Lease Agreement, a copy of which ONE: is attached hereto, is hereby approved. SECTION That the President of this Village and the TWO: Village Clerk are hereby authorized and directed to execute said Lease Agreement on behalf of this Village and to record a copy thereof in the office of the Lake County Recorder of Deeds. SECTION That all ordinances or parts of ordinances in THREE: conflict herewith are, to the extent of such conflict, hereby repealed. SECTION That the Village Clerk is hereby directed to FOUR: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FIVE: effect from and after its passage, approval and publication as provided by law. AYES: SIX (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 4th day of December , 1972 APPROVED this 4th day of December , 1972 ATTEST: VILLAGE CLERK V 1 �l VILLAGE PRESIDENT ' I I STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS ) VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly elected and acting Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the foregoing is a true and accurate copy of an ordinance entitled "AN ORDINANCE TO LEASE A PORTION OF PROPERTY FROM THE UNION OIL COMPANY OF CALIFORNIA FOR PUBLIC STREET AND PARKING LOT PURPOSES ", passed by the President and Board of Trustees of the said Village at a regular meeting thereof on the 4th day of December, A.D. 1972, and thereupon published in pamphlet form by said President and Board. of Trustees, all as appears in the records and files of my office. Dated this 5th day of December, A.D. 1972. S EAL Catherine B. Price Village Clerk r - x � �. a 1�,+i�= 4 '� ♦ .... ORDINANCE NO. 0 -72- 64 AN ORDINANCE TO LEASE A PORTION OF PROPERTY FROM THE UNION OIL COMPANY OF CALIFORNIA FOR PUBLIC STREET AND PARKING LOT PURPOSES WHEREAS, the Village desires to construct and maintain a public parking lot and parking facilities; and WHEREAS, the Village in connection with the establishment of such facilities desires to acquire a small strip of land measuring 50' in width and 50' in length and described as follows: That portion of property commencing at a point 285 feet West of and 233 feet North of the Southeast corner of the Southeast Quarter of the Southeast Quarter of Section 29, Township 43 North, Range 12, East of the Third Principal Meridian; the true point of beginning; thence ' West 50 feet; thence South 50 feet; thence East 50 feet; thence North 50 feet; to a point of beginning, in Lake County, Illinois; and r: r, WHEREAS, the Union Oil Company of California has possession and control of said 50' parcel of property by virtue of a certain lease agreement with options to purchase entered into with the Continental Illinois National Bank & Trust Company of Chicago, as owner; and WHEREAS, the Union Oil Company of California is willing to lease the described 50' parcel of property to the Village and to subsequently dedicate said parcel of property to the *Village for public street and parking lot purposes in return for the construction, by the Village, of two driveway entrances and associated curb cuts onto relocated Park Avenue (in the event the Village's present plans for such relocation are effectuated) to serve the adjoining premises occupied by Lessor's gasoline service station; and x ; Lease Agreement (Miscellaneous Proper s) , Union Oil Company of California union THIS LEASE AGREEMENT, made this /l0 7 q day of F_"4" � —, 19 between UNION OIL COMPANY OF CALIFORNIA, a California corporation, hereinafter referred to as " Lessor," and The City of Deerfield, Illinois, a Municipal CoMaration hereinafter referred to as "Lessee" W I T N E S S E T H: That the Lessor does hereby demise, lease and let unto the Lessee those certain premises, together with any and all buildings and improvements thereon, situated in the City of Deerfield County of 1,ake and State of Illinois , more particularly described as follows: Commencing at a point 285 feet Meat of and 233 feet North of the South Fast corner of the South East (quarter of the South East %arter of Section 299 Township 43 North, Range 12, East of the 3rd Principal Meridians the true POW OF WGUR I IG; thence West 50 feet; thence South 50 feet; thence East 50 feet; thence North 50 feet; to the POINT OF BE)DIMM. ..T��.ohave and to hold for a term of 7 years, beginning on the lot day of Novelaber 1 .�� 19 72 called "original term "), and thereafter for consecutive terms of one month each; provided either party may terminate this lease at the end of the original term or at the end of any calendar month thereafter by giving to the other party at. least thirty (30) days prior written notice. 1. Lessee agrees to pay Lessor as rent for said premises the sum of One Dollar (31 •00) and Other good and valuable consideration as set foittth herein. 2. Lessee hereby acknowledges that he has had an opportunity to examine the leased premises, and all improvements, buildings, fixtures, equipment, tools and appliances situated thereon, and has received the some in good condition, order and repair, and that no representations as to the condition or repair thereof have been made by Lessor. 3. Lessee hereby covenants and agrees that he will pay all charges connected with the operation of said premises, including license, permit and inspection fees, occupation and license taxes, and any and all water, gas, telephone, electric light and power charges assessed or charged on or against said premises, or Lessee's use or occupancy thereof, or the business conducted thereon, and will have all meters and accounts for water, gas, telephone, electric light, power and other utilities transferred to Lessee's name. 4. (a) Lessee hereby covenants and agrees that he will use the leased premises only for the operation of a lawful business; that he will not sell or permit the sale of intoxicating beverages on or from the leased premises; and that he will not store or permit the storage of products or merchandise on the leased premises which will increase the rate of insurance on the improvements. (b) Lessee further covenants and agrees that he will not commit or suffer a nuisance or waste on the leased premises; that he will keep said premises, buildings and restrooms thereon located, lighting, other fixtures, equipment, tools and appliances, together with adjoining sidewalks, areas, alleys and entranceways, in good order and repair and in a clean, sanitary, safe and healthful condition;that he will repair or replace all buildings, equipment, tools and appliances on the leased premises, damaged or destroyed by the negligence 'of Lessee; that he will comply with all federal, state and local laws, rules, regulations and ordinances with regard tb the use, condition and operation of the leased premises; that he will make no alterations in or additions to the buildings, structures or equipment upon the leased premises without the prior written consent of Lessor; and that upon expiration or cancellation of this lease in any manner, he will forthwith surrender the premises, buildings, fixtures, equipment, tools and appliances to Lessor in the same condition, order and repair as when received, ordinary wear and tear and damage by fire or the elements alone excepted. yy X (c) lit the expiration or termination of A. lease, b* lapse of t1141e or otheZise, Less shall yiel9up possesgon to�Lessor Ind return t kys to LXsKr. FaililgX to dokYssee shdXI Xay as liWuiXted dart)agls for thalw$ple timeXuch posxessigv is rithhegd,.o1sum tual2o tw a th amoyLt+t ofVhe a$plica le remittal f�r such peri — Tlr provtsion$f thisI ara aph (c an t occa nr4p. of an gs li ul te,���aaama �Y Lessof,,s -TI not �gn�J�i'Futa a via ver b rrsgr of its rrigh a -enter g _ s,•here sAt fQQithY�Ao sho'll a ' dct in ap ar8nt afFirrribre of then fancy opiisa as a w�iiv64 of the right IN terminateki lease 0Per'at. aXo renewalZr extensiorfXthereof, bLigduring sucl' period of Xbldover Leffee shall be a tenant at sufferance. 5. Lessee hereby covenants and agrees that he will not assign, mortgage or encumber this lease in any way, or sublet the said premises, buildings, fixtures, equipment, tools and appliances, or any part thereof, without first securing Lessor's written consent; that he will not suffer any lien or encumbrance to be placed upon the leasehold hereby created, or any part thereof; and that he will not remove or permit to be removed from the leased premises, any of the buildings, fixtures, equipment, tools and appliances included in this lease. 6. Lessee hereby covenants and, agrees that he will indemnify, protect and save Lessor harmless from and against any and all losses, damages, claims, liability, suits and actions, whether in law or equity, judgments and costs, which shall arise from or grow out of any injury to or death of persons and for damage to property accruing while such persons or property are on, approaching or leaving the leased premises, or caused or occasioned by, arising from, or in any manner connected with the use, maintenance, operation and /or condition of the said premises, buildings, equipment, tools and appliances, or the exercise of any right herein granted, whether sustained by Lessee, or Lessor, or their respective agents or employees, or any other person or persons, firm or corporation, which may seek to hold Lessor liable, excepting nothing herein shall require Lessee to be responsible for any damage or injury caused by Lessor's negligence while on or about said premises. FORM 3.OA09 -E P -25 (1.71) '� 619c, "" 1/ FORMERLY 203.105 PRINTED IN U.B.A. /7. Lessee hereby covenants and agrees that should he die or be adjudicated insane or should he fail to pay any installment of rent when due, or should he make any default in performance of any of the covenants, conditions, stipulations and agreements. herein contained, or should he be adjudicated a bankrupt or make an assignment for the benefit of creditors, or should he take advantage of any insolvency law, or should his interest under this lease be levied upon or sold under execution or become vested in any other person, firm or corporation by operation of law, or should a receiver be appointed for him or for his interest under this lease, or should the leased premises or any part thereof or any interest therein be taken in appropriation proceedings or by right of eminent domain, or should Lessor sell or agree to sell the leased premises, or any part thereof, to the federal, state or any local government, or any political subdivision thereof, or any department, agency, division or instrumentality thereof, for highway or other public purposes, or should Lessor make a bona fide sale of the leased premises or any part thereof, then and in any such event Lessor, at any time thereafter, shall have the right, without notice, to forthwith cancel and terminate this lease agreement and thereupon to enter upon the leased premises and take possession of the same, together with all improvements, buildings, fixtures, equipment, tools and appliances situated thereon, but such cancellation, termination and re -entry shall be without. prejudice to any right of action or remedy of Lessor against Lessee with respect to any breach of the provisions of this lease by Lessee. Lessee waives any and all rights to damages in event of condemnation or appropriation of the leased premises, or any part thereof, including Lessee's leasehold interest, and Lessee agrees that Lessor shall be entitled to receive and retain any damage award or settlement. Lessee does hereby waive any and all exemption, stay and redemption laws, including all statutory provisions as to notice to quit, now or hereafter enacted, and does hereby agree that Lessor may pursue any remedy or remedies for violation of this lease or any of its covenants that may be available to Lessor, and the pursuit of one remedy shall not bar the pursuit of any other or additional remedies whether or not herein enumerated. 8. It is mutually covenanted and agreed that none of the provisions of this lease shall be construed as reserving to Lessor any right to exercise any control over the business or operations of the Lessee conducted upon the leased premises, or to direct in any respects the manner in which any such business and operations shall be conducted, it being understood and agreed that the entire control and direction of such activities shall be and remain with Lessee. It is further understood and agreed that Lessee shall have no authority to employ any persons as employees or agents for or on behalf of. Lessor for any purpose, and that neither Lessee nor any other persons, performing any duties or engaging in any,work upon or about the leased premises shall be deemed to be employees or agents of Lessor. Lessee shall not erect, maintain, nor permit any sign, insignia, or other advertising device upon or near the premises herein leased which would, in any way, indicate that Lessor is the owner or operator of the business conducted upon said premises. X 9. Lessor is hereby granted a An upon all merchandise and other Xroperty of Lessee now or hereafterMocated on the leq ad premises, to secure the payAxert$of rent and the full perforinance$bf�ll obligations of Lessee under his lease. Upon deFwit, Lessor may, without tour acts take possession of all suc prope�rrty and may sell some at pub�}'c or private sale condbcted after notice by publican irPone issue of a newspaper c�ulatdd in the county in which theiemised premises are lasted, such notice statNthe timXand place of said sale; Novi ded,�essor may sell or. purchaXe any or all of the mereho�ise at Lessee's origi4al cost wi out holding a sale as Foresaid Td without notice to Issee, and apply the proeee thereof, first to paym t of any re due hereunder, and jh balance t6 t yment of any indebte Hess due by Lessee to Lesso'�yy �]X X A 1Cy 10. Su act to parogr ph 9 hereof, Leshe hereby coverils and agrees At upon the expHation or cancellation of this lease any manner atsoever, he will firthwith remov from the leased praises any equ4ment, tools, containers, machinery., r2rchandise nd personal property if any descIption belonging to hi and any s uctures, improvements or fixtures erect on theased premises by Less�q, and uld he fail so to do wit 'n five (days of such expiration or cancellation, shall considered to have.aban@oned s , and Lessor shall have he opti either to retain or dispose of some withoutzccou $tingto Lessee therefor in anylianneXor cause the removal of sai(XstrucXures, improvements, fixtures, equipment, tools,¢¢oov§►tainers, machinery, merchandisqq��a personal property, or any partt��th;q�eof, at and for the account of Lessee. In even t'L`eftee removes from the leased pre io.Vs any structures, fixtures, contd�tne'P�I machinery or other property, Lessee covenants$nd agrees to repair any and all daXage to the leased premises cousexor occasioned by such removal. 11. Lessor shall have the right to enter the leased premises at any time, with such employees and equipment as it may deem necessary, for the purpose of examining and inspecting some and for the purpose of determining the rental due hereunder, and may without any obligation, make such repairs, replacements, additions and /or alterations as it may deem desirable, provided that such right shall not be exercised in such manner as to interfere unreasonably with any business of Lessee conducted thereon. 12. The waiver of any breach of any covenant, condition or stipulation contained herein shall not be taken to be a waiver of any subsequent breach of the same or any other covenant, condition or stipulation, nor shall any failure of Lessor to enforce rights or seek remedies upon any default of Lessee with respect to the obligations of Lessee hereunder, or any of them, pprejudice p'orr affect rthe rights oor remedies Vof Lessor ying�thee event of any ssubss'equent default of!�Lesseee.p q y y yY AA W..ZkTuK X. e.XeXp%,&A $ Ii Aged 4yZrPoatNb wleleXs�LXs$r$hxl XA Mle+apl4oXei XtNtXn9A th.saag��ttlggdJEs %�bXrp1Krrrtti�iV 1pq a %, eeX r *ttmZ!XhK$1.ps�ssXd XrejoiigssZoop X6 ilbnXc*pXr.11 o1hr %igiirrua r iogtgJd *dXe. thAe$tir,XhE'rer4tta45g ht, b f}�rdbnEbr4h6tll 'dTa @uRh th£►rE3t61aAo s e.tagu A .t�ryor�r +► sen sxp�ra or� 14. If Lessor is not the owner of the premises herein demised, then this lease and the estate hereby created are subject to all the terms and conditions of the lease or other arrangement under which Lessor is entitled to possession of said premises, and if for any reason whatsoever, Lessor's tenancy is cancelled, terminated or surrendered, then this lease shall automatically terminate and end without further act of either of the parties hereto and without any liability on the part of Lessor. 15. It is mutually understood and agreed that there are no understandings or agreements, written or oral, expressed or implied, between the parties hereto regarding the subject matter of this agreement, and no alterations or additions to this agreement shall be binding upon Lessor unless in writing and signed by an authorized representative of Lessor. 16. This lease cancels and supersedes any lease or other agreement between the parties hereto with reference to the possession-of the leased premises.' 17. Any notices under this lease shall be delivered to Lessee at the leased premises and to Lessor at its office shown below. Notice may be given by registered mail or certified mail, and in such event the date of service shall be the date on which the notice is deposited in a United States Post Office, properly stamped and addressed. 18. This agreement Eholl not become effective or be binding on Lessor unless and until signed by its authorized representative, and beginning of performance hereunder shall not be a waiver of this provision. IN WITNESS WHEREOF, the parties have caused the due execution of this agreement the date first' above written. Union 011 C any of C orn' WITNESS: Divi n Sales Manager Division Sales Office Address WITNESS: J Village Clerk VILLAGE OF DEERFIELD al) (Seal) essee President 16195 OO WHEREAS, it is deemed to be in the best interests of the Village that the said described 50' parcel of property be leased from the Union Oil Company of California for a period of 7 years commencing on November 1, 1972, and upon the terms and conditions set forth in a Lease Agreement, a copy of which is attached hereto and incorporated herein by reference and made a part of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the said Lease Agreement, a copy of which ONE: is attached hereto, is hereby approved. SECTION That the President of this Village and the TWO: Village Clerk are hereby authorized and directed to execute said Lease Agreement on behalf of this Village and to record a copy thereof in the office of the Lake County Recorder of Deeds. SECTION That all ordinances or parts of ordinances in THREE: conflict herewith are, to the extent of such conflict, hereby repealed. SECTION That the Village Clerk is hereby directed to FOUR: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FIVE: effect from and after its passage, approval and publication as provided by law: AYES: SIX (6) NAYS: NONE (0) ABSENT : � NONE (0) PASSED this 4th day of December , 1972 APPROVED this 4th day of December , 1972 ATTEST: %0 . VILLAGE CLERK VILLAGE PRESIDENT i 19. Anything to the contrary in this Lease notwithstanding, it is understood that Lessor herein presently holds and occupies the premises under a certain written Lease Agreement dated April 1, 1954 between Continental Illinois National Bank and Trust Company of Chicago as owner and Lessor, and.the Pure Oil'Company (succeeded by Union Oil Company of California by Merger Agree- ment dated July 16, 1965) as Lessee; said Lease Agreement recorded in the records of Lake County in Book 1240, Page 221. Contained in the above referred to Lease Agreement are various purchase options, one of which Lessor herein will exercise on or before the 31st day of March, 1979, for the purpose of acquiring fee simple title to the property described in this Lease together with other property abutting and lying South to that described herein. 20. Lessor covenants and agrees that during the seven year term of this Lease, Lessee may take possession of the leased premises and may grade, pave and otherwise improve the same and use it for public street and parking lot facilities. 21. Lessor hereby warrants that it has obtained the written consent of the said Continental Illinois National Bank and Trust Company of Chicago as owner of the leased premises, to this lease agree- ment and the public improvements and uses proposed to be installed and maintained upon the leased premises by the Lessee. INITIAL HERE 1619508 i 22. For mutual considerations to be gained, Lessor and Lessee herein mutually agree as follows: (a) When Lessor herein exercises its option to purchase the above - described property, it will immediately thereafter convey by Special Warranty Deed such property to the Lessee herein, at and for a cash consideration of Ten Dollars ($10.00) and other good and valuable consideration as follows: Lessee, as consideration for the premises; will, or will have, dedicated a new proposed street along the East property line of this and.Lessor's abutting lands above referred to; in conjunction therewith, Lessee herein agrees to provide and construct at Lessee's sole cost and expense, two driveway entrances and associated curb cuts to serve Lessor's gasoline service station on said abutting lands of Lessor which are adjoining and South of the above - described leased premises, which driveway entrances and curb cuts shall be located on said abutting lands as designated by Lessor herein and shall be constructed in accordance with applicable provisions of the Village ordinances pertaining to driveway and curb construction. INITIAL HERE 619508 • Contemporaneously with the deeding from Lessor to Lessee, this Lease Agreement will become null, void and non - existant so long as cove- nants contained herein have been fulfilled. 1141-TIAL HERE. 08 13 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly elected and acting Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the foregoing is a true and accurate copy of an ordinance entitled "AN ORDINANCE TO LEASE A PORTION OF PROPERTY FROM THE UNION OIL COMPANY OF CALIFORNIA FOR PUBLIC STREET AND PARKING LOT PURPOSES ", passed by the President and Board of Trustees of the said Village at a regular meeting thereof on the 4th day of December, A.D. 1972, and thereupon published in pamphlet form by said President and Board.of Trustees, all as appears in the records and files of my office. Dated this 5th day of December, A.D. 1972. Catherine B. Price Village Clerk 161 908 0 EW IAR MUNTY, 1WN0199 JIIN i 8 '73 -4 oQ PM 1Z- INANK MUM FIMORDN H t