Loading...
O-72-0930 ; A ORDINANCE NO. 0 -72- 9 AN ORDINANCE TO LEASE A PORTION OF THE OLD LIBRARY BUILDING TO THE' DEERFIELD PARK DISTRICT Published in pamphlet form this 7th day' of March , 1972, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0 -72 -9 AN ORDINANCE TO LEASE A PORTION OF THE OLD LIBRARY BUILDING TO THE' DEERFIELD 'PARK DTSTRICT WHEREAS, the Village owns a portion of certain improved real estate commonly known as 860 North Waukegan Road, Deerfield, Illinois and formerly occupied by the Village Library; and WHEREAS, said premises are not immediately needed for the uses and purposes of this Village; and WHEREAS, the Deerfield Park District is in need of and' desires to lease said premises for purposes of conducting a youth center and related programs therein..for the benefit of the youth of the Village; and WHEREAS, it is deemed to be in the best interests of the Village that the said premises be-leased-the-Deerfield Park District for the period (not exceeding 20 years) and upon the terms and conditions set-forth in a Lease Agreement, a copy-of which Lease Agreement 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': 'S'E'CTI'ON 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That all ordinances or parts of ordinances in THREE: conflict herewith are, to the extent of such conflict, ire y repealed.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: ONE (1) PASSED this .. 7'th day of ' March' A.D. 1972. APPROVED this" 7th day of March' A.D. 1972. ILLAGE PRES T ATTEST: VILLAGE CLERK i T. F n c F THIS LEASE AGREEMENT made and entered into this day of , 1972, by and between the VILLAGE OF DEERFIELD, an Illinois municipal corporation, Lake and Cook Counties, Illinois (hereinafter for convenience referred to as "Village ") and the DEERFIELD PARK DISTRICT, an Illinois municipal corporation (herein- after for convenience referred to as "Park District "), w i t n e s s e t h: WHEREAS, the Village is the owner of certain premises legally described on Exhibit A, which is attached hereto and made a part hereof, which premises are improved with a brick building which shares a party wall with an adjoining structure owned by West Deerfield Township and which adjoining structure and premises are utilized for and house the Township offices; and WHEREAS, the premises and the portion of the structure owned by the Village were recently acquired from the Board of Directors of the Village Library and were foriâ–ºerly used for Village Library purposes; and WHEREAS, the Board of Trustees has determined that the premises will not be required for the uses and purposes of the Village during the term of this Lease; and WHEREAS, the Park District is desirous of utilizing the subject premises for purposes of a youth center and conducting related programs therein pending the availability of the Jewett Park fieldhouse for such purpose. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, it is agreed as follows: 1) The Village does hereby demise and lease to the Park District the first floor area of that portion of the building and premises owned by the Village and commonly known as 860 North Waukegan Road, Deerfield, Illinois, which premises are legally described in Exhibit A, which is attached hereto and made a part hereof, for purposes of operating and conducting a youth center and related programs therein. 2) The term of this Lease shall commence on the day of , 1972, and.shall extend for one year thereafter subject to the earlier termination provision hereinafter set forth, The Park District agrees that at the expiration of the term of this Lease it will yield up the premises to the Village without further notice in as good condition and repair as when the Park District took possession thereof, ordinary wear excepted. 3)_ The Lessee agrees to pay as rental for said premises for the term herein provided the sum of ONE ($1.00) DOLLAR and to keep and perform the covenants and agreements on its part herein provided for. 4) The Park District has examined and knows the condition of the premises and has received the same in good order and repair and the Park District agrees that it will keep said premises, including all appurtenances in good repair, replacing all fixtures and materials with equal quality and will keep and maintain the premises including the adjoining yards and drives in a clean and healthful condition and sightly appearance during the term of this J ` Lease at the Park District's expense. 5) It is understood and agreed that said demise and lease of the premises hereinabove described does not extend to and there is specifically excluded therefrom the basement area of said premises. 6) The Park District will not allow the premises to be used for any purposes other than those hereinabove set forth nor will it sublet the premises or any part thereof nor assign this Lease without the written consent of the Village; the Park District, further, will not permit any alteration or addition to any portion of the premises except by written consent of the Village. 7) The Park District covenants and agrees that it will protect, save and keep the Village harmless and indemnify from any penalty or damages or charges imposed by reason of the Park District's occupancy of the premises whether occasioned by the neglect of the Park District or otherwise and that the Park District will at all times protect, indemnify and save and keep harmless the Village against and from any and all claims, losses, costs, damages, liabilities and court costs and attorney's fees incident thereto, arising directly or indirectly out of or from any accident or other occurrence on or about said premises, causing injury to any person or property whomsoever or whatsoever and will protect and indemnify and save and keep harmless the Village against and from any and all claims and against and from any and all losses, costs, damages, liabilities and court costs and attorney's fees incident thereto, arising out of the failure of the Park District in any respect to comply with and perform all of the requirements and provisions hereof. 8) The Village shall not be obliged to incur any expense for the repair of the premises and shall not be liable for any damage occasioned by any failure to keep said premises in repair or by any other cause. 9) It shall be the obligation of the Park District to pay for all utilities including gas, electricity, water, sewer, servicing the premises to the same extent and amount that the Village is obligated and required to pay for such utilities. 10) It is understood and agreed that the Park District will not conduct any program or allow any activity or permit any person or persons to occupy or use the premises at such times and on such dates as the West Deerfield Township offices are regularly open for business or during such times and on such dates as Township meetings are being conducted on the adjoining premises, which program, activity or occupancy, by reason of .noise, the number of persons in attendance, the nature of the program or the activity or the purpose of the occupancy of the leased premises, shall unreasonably interfere with the normal conduct of the business and affairs of West Deerfield Township and its officers and employees in the adjoining premises. The determination by the Village that any program, activity or occupancy of the leased premises so unreasonably interferes with the business and affairs being conducted in the adjoining Township offices shall be conclusive, and the Park District agrees that, upon notice from the Village, it will not thereafter cause or permit any such program, activity or occupancy so determined by the Village to be an unreasonable interference during such times and on such dates as the Village shall specify. Repeated violations of this provision shall authorize the Village to terminate this Lease upon 15 days written notice to the Park District. 11) All covenants and agreements herein contained shall be binding upon and apply and inure to the benefit of.the successors and assigns, respectively, of the Village and the Park District. IN WITNESS WHEREOF, the duly authorized officers of the parties hereto have executed this instrument on the day and year first above written. ATTEST: SECRETARY DEERFIELD PARK DISTRICT, an Illinois municipal corporation, BY PRESIDENT VILLAGE OF DEERFIELD, an Illinois municipal corporation, ATTEST: BY PRESIDENT CLERK Ar EXHIBIT A "The following described portion of Parcel A(Parcel A being described as: The North 75 feet of that part of Lot 4 in Block 2 in the Village of Deerfield, according to the plat thereof, recorded March 16, 1857, in Book 27 of Deeds, page 167, and of the West half of the South West quarter of Section 28, Township 43 North, Range 12, East of the 3rd P.M., described as follows, to -wit: Commencing on the Easterly line of said Lot 4 at a point 597 feeT Northerly from the South East corner of Block 2 aforesaid; running thence Northerly along said Easterly line and said line produced 90 feet, to a point 8 feet Northerly from the North Easterly corner of said Lot 4; thence Jest to a point on the West line of the South West Quarter of Section 28 aforesaid, 8 feet North of the North West corner of said Lot 4; thence South along said Section line 90 feet; thence Easterly 329 3/10 feet to the place of beginning, in Lake County, Illinois): Starting at a point 44 feet 4 inches South Westerly from the North Easterly corner of Parcel A( as measured at right angles to the North Easterly line of Parcel A); thence East one foot for a place of beginning; thence South 28 feet 6 inches; thence West-46 feet, 6 inches; thence South 22 feet 6 inches; thence West 81 feet; thence North 52 feet; thence East 127 feet 6 inches; thence South one foot to the place of beginning, (except the Westerly 52 feet thereof) in Lake County, Illinois."