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conflict, ire y repealed.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."