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HomeMy WebLinkAboutPacket - 01/03/2011 - City Council City of McHenry 4c� 333 South Green Street _ _ _ a www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA Administration REGULAR CITY COUNCIL MEETING (815) 363-2100 Monday, January 3, 2011, 7:30 PM Fax (815) 363-2119 Construction and Neighborhood Services (815) 363-2170 1. Call to Order Fax (815) 363-2173 2. Roll Call Finance Department (815) 363-2100 Fax (815) 363-2119 3. Public Input Session: 10 Minute Limitation Parks and Recreation 4. Consent Agenda: (815) 363-2160 A. Farm lease agreements; Fax (815) 363-3186 B. Purchase of pump from Metropolitan Pump Co. for South Riverside Drive Lift Station not to exceed $8,435; Police Non-Emergency C. Resolution agreeing to review and consider McHenry County Water (815) 3 Resources Action Plan; Fax (815)) 363-213-2149 D. The Church of Holy Apostles special event liquor license; and Public Works E. December 20, 2010, City Council meeting minutes. (815) 363-2186 Fax (815) 363-2214 5. Request for use of Veterans Memorial Park, intermittent closure of city streets, and waiver of associated fess for McHenry Rotary Club St. Patrick's Day Parade 6. Amendment to existing agreement between the City of McHenry and Michael Mayor Susan E. Low Sikula, Jr. for lease of Hickory Creek Farm City Clerk 7. Mayor Statement and Reports Janice C. Jones Treasurer 8. Committee Reports Steven C. Murgatroyd 9. Staff Reports Aldermen 10. Future Agenda Items WARD I Victor A. Santi 1 1. Adjournment WARD 2 Andrew A. Glab Posted: December 29, 2010 WARD 3 Jeffrey A. Schaefer WARD 4 Geoffrey I Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA The Consent Agenda for the January 3, 2011 , City Council meeting consists of the following items: A. Farm lease agreements; B. Purchase of pump from Metropolitan Pump Co.for South Riverside Drive Lift Station not to exceed $8,435; C. Resolution agreeing to review and consider McHenry County Water Resources Action Plan; D. The Church of Holy Apostles special event liquor license; and E. December 20, 2010, City Council meeting minutes. KING LEASE AGREEMENT This Lease Agreement, made and entered into this day of ) 2011, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as "Lessor," and Tom King, 3907 Ringwood Road, McHenry, Illinois hereinafter referred to as "Lessee." RECITALS WHEREAS, Lessor is the legal owner of the following described real estate: Approximately 20 acres located south of McCullom Lake Road (PIN 09-27-228-002) on southern edge of Petersen Park, on the northerly border of Mill Creek Subdivision, located in the County of McHenry, State of Illinois, and more fully described in the attached site plan, Exhibit A (the "Premises"), excluding the 80-foot easement area depicted on the site plan along the western boundary of the property and including the existing barn for hay and farm equipment storage purposes. WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Tenn. This Lease Agreement shall commence on the 1" day of March 2011, and end on the 291h day of February 2012. Lessee covenants with Lessor, that at expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. 11. Rent. Lessee agrees to pay Lessor rent in the amount of $2,522.90, payable on November 1, 2011. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to of five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for fanning purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however, Lessee shall reimburse Lessor for any costs incurred in the cleanup process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. 2 V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terns of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fee's, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights)must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or(ii)the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Tom King 3907 Ringwood Road McHenry, IL 60050 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF McHENRY TOM KING By By: Susan E. Low, Mayor Tom King 3 'YIN I �• ' Aws i £ CENTRAL j •+ 1 AV£ g 1 . . /o!Y $ 1.9.cV/ l-ay $ �.?(•Rb /fie I_/ f� ` -�/-AN . .Olt• Q-�t1f p.�-d/ .Z.Wt a /R.10fF57qZ:' 2n" (T-M J�r 4.oa# • 014 4,vi ' IL�OI? noel r (G.ofl �, 3 � !YQ N �.aiaf• ,d oaf. • /T.ot/ 5.roi . . /.smSi.wt� a N s4ue. / v ` (8.pi • a0?t G�e1 • /¢Op 6.Ni G . (7a/ I&OIWA tw • a /doK N •� 7.rer 7-vo7 • I •:• �-•tee `� ` /6.�� 8-cvs t l4Co/Y B.ar a � 14 • • . . 2 Xro. S ul q jk ' V -ao 14 1 loll � a fs • 1 70 r r,r r r• •„per •'• W �, + •� Of ,` �' a • ' 1 / �0qq NIL a°th ,a FL NVAONO a ' . H Cal ES 34- Love �� + r v � °• � �39-00� � �0 . ,',.'��L"'---.-�-.- ors.• FINCH LEASE AGREEMENT This Lease Agreement, made and entered into this day of , 2011, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as "Lessor," and James P. Finch, 4818 Inmans Way, Ringwood, Illinois hereinafter referred to as "Lessee." RECITALS WHEREAS, Lessor is the legal owner of the following described real estate: Approximately 24.5 acres located in the NE 1/4 of the NW 1/4 of Section 33, McHenry Township (T.45N. -R.8E.), located in the County of McHenry, State of Illinois, and more fully described in the attached Exhibit A (the"Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the I" day of March 2011 and end on the 29th day of February 2012. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $1,964.55, payable on November 1, 2011. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to of five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 5. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or malting repairs or improvements thereon. 6. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 7. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 8. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however, Lessee shall reimburse Lessor for any costs incurred in the cleanup process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. 2 VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney fees, and costs of investigation)resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or(ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: James P. Finch 4818 Inmans Way Ringwood, IL 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF MCHENRY JAMES P. FINCH By By: Susan E. Low, Mayor James P. Finch 3 ' a vuG t�crS EXHIBIT A 00,� 004C.......... .... .. .: �(g] v Lfd.Par Me/•sliip - ° ,tiM A I N v 4` `T w , s 0 7[ J � � L9 0 I� 10 - V UCJ.O� ••i a •t LD••FJJL 'y(;. OUA 60 ff�7 D S r BLVD. 6 � /r ao9 z oos z2 09 oL4 An7/i LQ!7d Cfi/'ca o TifJe s �L4ND R 1/7 �'' .Deve% o o/,sh S Tau Co.,.Tru t (,9,77/1 Reo1fy a3 /Vo• 70 eo r. oSP Co. 31B ` i6HLnP1D 674 old B M C R,go. z A. OIL Zm1►�r�i' -° c :-''�t7 .rJ RQH4RDwAY a Dek-I, Lam. z� h� qj ��N ��- # r08.8G 47. 7¢ :{?artnei;- ,�b@ h ' d -'�1�. sh+P_ a x .fib;.. 1 a -n "SHE•Caa � � •..• , rwesT sw o -- _ _ cu osz. GY :..0 - . -$ :: : 2 7 t B.R ::: ..._ � .... .. _ TR C17 Tif/e Trust Co... �= 33/ Cam/ = Tl us7"� o.�32743 (me e/' �tc`� � oar Maferi a! Co.� o� y ¢ ?isrti ems,f0/_ Z,C o HE R Y -o_v - � 017 019 Home " SU�s` = l °z° pp5 Sfafe Ban yam' Ti'us .s•s. SM TR /0.07 ro� ab3 4.8 d R l D La.SQ _ 005 •' � /s o2 007 p o� lTheodo H YIVA M irJ 4 - CT• c o .... ....... .........:::::... le177cNa. Q z' woOD EEK ::•:.. .....::�.:....... .._..... __.. .. ..._ .... .• BURNING TR EE`,;iw ROUND _..8._A.Q_.R._N'S._..= ESTATES BER / c/7L17er17 TI-U S Co. No. 9 1f Pros c7` .R �o mroc,� .Bee (' `ate an �1-yQ eeawoOD 9 Dom P .......... ......... . . . HI AK 001 V.fL7. ppz 023 ICrG2 /O Pl /��-s� RID c /d oio• - MCHennJ, S7`a/e1r ��ank Trust 1Vo.49Q1 S c359 �� ti Q SfhfidweS7L71-1, 3C WO.•7.2775 033 0ZZ Dc�0.T nlO q v s r4 Q o3 /¢G c B.G z::::. oz3 a a 17 r Ilk 0 �S.p �,J3 •t' P .. 0[n U:i:: C 1 Q\ '?us7t .YfM. rvml��CH172 ,1 ooq e oo�CH. M EFIf CNS FARMS LEASE AGREEMENT This Lease Agreement, made and entered into this day of , 2011, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and Scott Chambers and Eric Swanson, 7401 E. Wooded Shore Drive, McHenry, Illinois ("Lessee"), RECITALS WHEREAS, Lessor is the legal owner of the land, being a portion of the Petersen Farm in McHenry, Illinois, for farming purposes only containing approximately 54 acres as described in the attached site plan, Exhibit A (the"Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the 1"day of March 2011 and end on the 29t" day of February 2012. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent for $4,832.46 payable on November 1, 2011. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to of five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or malting repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, 2 additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fee's, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Eric Swanson Scott Chambers CNS Farms 7401 E. Wooded Shore Drive Wonder Lake, IL 60097 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF MCHENRY By By: Susan E. Low, Mayor Eric Swanson 3 �,t"'ry�•�.SsrY'Yc-ti.?1yFJ k•� ., . �` � •• _. . Ss �# • ir • 'if of . i Ik �, s r• - • q � - � "^ ,- ' . EEL:. W. s•^ s 1 ' .• x 16 IC tad�: r h 'r i . . - ,� •' `oSi DC f .. .. ,•',...r•. '` Total Farmable Acreage-54+/- ' N SCHAEFER LEASE AGREEMENT This Lease Agreement, made and entered into this day of , 2011, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and Charles Schaefer, 3220 Prairie, Johnsburg, Illinois ("Lessee"), RECITALS WHEREAS, Lessor is the legal owner of following described real estate: Riverside Hollow Outlot A, parcel # 09-24-351-004. The parcel is approximately 12 acres and described in the attached site plan, Exhibit A (the "Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Tern. This Lease Agreement shall commence on the 1st day of March 2011 and end on the 29t" day of February 2012. Lessee covenants with Lessor, that at the expiration of the tern of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of$1,080, payable on November 1, 2010. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. IIl. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines, and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. Approximately 2.45 acres of the property n question shall be preserved and omitted from the acreage lased to Lessor as described in the attached site plan, Exhibit A. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be added to and become a part of the rent, recoverable as rent. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or snaking repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, 2 additions, or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fees, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal or termination rights) must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or(ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: William Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Charles Schaefer 3220 Prairie Trail Johnsburg, Illinois 60051 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF MCHENRY By By: Susan E. Low, Mayor Charles Schaefer 3 y "7 L z L " r � - mw r 1 i�^r • 7 w r t5°p TTr— iep zi 44 ra iT" .,:• .?� . rr$_ u t till Ya g��g .jY➢� .� 1. �� yti .. _•ye`Y. �fro �e � "'r 'i.. k , T x z LL _ T=j <. �;�.� �� s a tea,: ar ,►�r� tD _" t--CE tili�5Y' n'1 _ �` .i -1H �' � � tars.r• �Ij •::Y #tom F3 C; j ,� F b :�� • tt 14 _.174 rye, . ...�, 1 7,4 s. , CONSENT AGENDA TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works FOR: January 3, 2011 Regular City Council Meeting RE: South Riverside Drive Sanitary Lift Station Pump Purchase ATTACHMENT: Metropolitan Pump Company Quotation Background. The raw sewage pumps in the South Riverside Drive sanitary lift station located in McHenry Shores were installed when the lift station was constructed in 1988. Recently, one of the two pumps failed. Rebuilding the pump was completed in approximately six weeks, however in the interim only one pump was in service. Analysis. Staff recommends the purchase of an additional pump to be used as a backup should an emergency situation arise. Attached is a quote from Metropolitan Pump Company, the manufacturer's distributor for the area, for the purchase of an additional pump. The 2010/11 Wastewater Division budget provides $75,000 in the utility system repair and maintenance account. Recommendation. Staff requests approval to purchase a raw sewage pump for the South Riverside Drive sanitary sewer lift station from Metropolitan Pump Company for an amount not to exceed $8,435.00. -- - —. - .•���� . ooc uopler 0002/003 METROPQLITAN PUMP COMPANY NOTATION A Owlafon of MHTROPOLITAN INOUSTHIES, INC. 37 FORESTWOOD DR.•ROMEOVILLE,IL 60446-1343 Page of 1 (815)886-9200 FAX(815)686.4573 www.m8tropOiltanind.com PROJECT: Shore Acres T0: City of McHenry McHenry,Illinois Attn: Gary BIDS DUE: ASAP P.815-363-2195 F.815-363-2207 ENGINEER: WA We are pleased to provide a QUOTE on the following equipment for the subject project. Replacement FIvgt Pump Furnish Qty(1)Rygt Mode1CP3127.090 pump rated for 735.2 GPM @ 19.9'TDH and shalt operate on 460 volt,3 phase power. The pump is 7.5 HP and equipped with 50'of submersible cable,a 6" discharge connection with a MINI CAS unlL The pump is ddlied for installation of a mixed flush valve. Your cost for the above described equipment is: $8,435.00 Taxes Not Included Note: Installation,piping,valves,start up and taxes are not included. The above pricing is for(1: replacement pump only. Standard factory warranty applies. According to Flygt,it is our understanding that you currently have a W discharge elbow and thit pump proposed would fit onto the existing guiderail system. It is recommended prior to orderinc this is confirmed that your existing pump does Indeed have a 6 inch discharge. Estimated time of delivery is 9 working weeks after receipt of order if not readily available in othe US locations. Please contact us If we can furnish you with submittals or be of further service. TERMS: Net 30 days from date of Invoice.All Invoices are payable In full when due,with no retainage allowed. THIS QUOTATION.SUBJECT To THE CONDmONS ON THE REVERSE SUE HEREOF.MAY BE ACCEPTED ONLY BY SIGNING ONE COPY OF THIS QUOTATION AND RETURNING IT TO METROPOLITAN PUMP CO.NOT LATER THAN THE DATE INOICATED ON THE FACE HEREOF AFTER VMCH THIS QUOTATION IS VOID.THIS OUOTATION AFTER ACCEPTANCE by BUYER MAY BE CANCELLED By EITHER PARTY WITH NO PENALTY ONLY IF ENGINEER FAILS TO APPROVE SELLERS APPROVAL BROCHURE Accepted: Quotation No: KT111810MN Firm: Submitted: 12f912010 By: Void after: 30 days Title: Prepared By: Ken Turnquist CONSENT AGENDA TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works FOR: January 3, 2011 Regular City Council Meeting RE: McHenry County Groundwater Protection Action Plan ATTACHMENT: Resolution agreeing to review and consider the McHenry County Water Resources Action Plan Model Policies Background. In 2007, McHenry County initiated a Groundwater Taskforce to create a document that would guide groundwater policy throughout all jurisdictions within the county. The document outlines best management practices and model policies for municipalities to develop and implement on their own. Public Works Department staff were active members of the taskforce and assisted with developing the plan. Analysis. .The McHenry County Groundwater Protection Action Plan includes the following model policies: • Water Conservation • Water quality protection and pollution prevention • Aquifer recharge protection • Storm water infiltration • Conservation design • Alternatives for wastewater • Sensible salting practices for winter road operations • Natural areas protection • Coordinated planning for drought, disaster, and water supply Although the proposed policies have not been officially adopted, the Public Works Department has implemented some of the policies listed above. Recommendation. Staff requests City Council adopt the attached resolution agreeing to review and consider implementation of the applicable groundwater protection policies as recommended by the McHenry County Water Resources Action Plan. RESOLUTION NO. R-11- A Resolution Agreeing to Review and Consider the McHenry County Water Resources Action Plan Model Policies WHEREAS, Studies suggest McHenry County will have a shortage of groundwater by 2030; and WHEREAS, McHenry County created the Groundwater Task Force in July 2007; and WHEREAS, the Groundwater Task Force represents local governments and a variety of interest groups from throughout McHenry County; and WHEREAS, the City of McHenry has participated on the Groundwater Task Force; and WHEREAS, the Groundwater Task Force has been meeting monthly for the last two years; and WHEREAS, the Groundwater Task Force has developed recommended model policies to protect water quality and quantity in McHenry County. NOW, THEREFORE, BE IT RESOLVED that the City of McHenry goes on record and agrees to thoughtfully review and consider the McHenry County Water Resources Action Plan recommendations. Passed and approved this 3rd day of January, 2011. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: (SEAL) APPROVED: ATTEST: CONSENT AGENDA TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: January 3, 2011 , Regular City Council Meeting RE: Request from The Church of Holy Apostles for a special event liquor license to serve beer and wine on January 21, 2011 . ATT: Letter of Request and Special Event Liquor License Application The Church of Holy Apostles is hosting a "Bunco Bash" in the church Bell Tower room on Friday, January 21 , 2011 . The church is requesting permission to serve beer and wine at the event from 6:00 PM to 1 1 :00 PM. Attached is a special event liquor license application. The $25 license fee has been paid and all required information has been submitted to the city. If approved, this would be the church's first special event license in year 2011 . Recommendation: To grant a special event liquor license to The Church of Holy Apostles to serve beer and wine on church property for a fund raiser on Friday, January 21 , 2010 from 6:00 PM to 1 1 :00 PM. THE CHURCH OF HOLY APOSTLES 5211 West Bull Valley Road McHenry, IL 60050-7429 (815) 385-LORD (5673) Fax (815) 385-6045 E-mail: hpostles@thechurchofholyapostles.org Website: www.thechurchofholyapostles.org Marci Geraghty December 15, 2010 City of McHenry 333 S. Green Street McHenry, Illinois 60050 815 363 2119 Fax Dear Marci, i� We will be holding Bunco Bash on Friday January 21 st. from 6pm— 11 PM at the Church of Holy Apostles, 5211 W. Bull Valley Road McHenry. Please use this notice that we will be requesting a liquor license to sell beer and wine at the event Thanks for your help in getting the license issued. Please advise if the license gets approved and when we can pick it up. Sincerely, 'A"�� J')I---� Michael Schneider Business Manager The Church of Holy Apostles 5211 W. Bull Valley Road McHenry, IL 60050 815 385 LORD (5673) Q SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY - (State liquor licensing authority approval is required for this license) OL 9)-1- FEE $25.00 APPLICATION DATE December 15, 2010 I COMPANY OR ORGANIZATION: The Church of Holy Apostles ADDRESS: 5211 W. Bull Valley Road CITY: McHenry, Illinois 60050 PHONE NUMBER: 815 385 LORD(5673) TYPE OF BUSINESS OR ORGANIZATION: Church 2. LICENSE APPLICANT: Michael Schneider DATE OF BIRTH: 03/01/1958 ADDRESS: 6018 Briarwood Dr CITY: Johnsburg DAYTIME TELEPHONE NO.: 815 385 5673 EVENING TELEPHONE NO. 815 385 9266 3. LOCATION WHERE SPECIAL EVENT HELD: The Church of Holy Apostles 5211 W. Bull Valley Rd McHenry (non-residential premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: 55 Colman Center Drive CITY: Rockford TELEPHONE NUMBER: 815 399 4300 5. DATE(S)OF EVENT January 21,2011 HOURS: 6 pm—1t pm (not more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: X BEER X WINE LIQUOR 7. NO UNDER-AGED OR INTOXICATED PERSON(S)SHALL BE SERVED ANY ALCOHOLIC BEVERAGES. 8. DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT Michael J.Schneider hereby states that the City of McHenry shall not be held liable for any occurrence,loss,damage,or injury as a result of this event. Person or persons to whom this license has been issued shall hold the City of McHenry harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquor or as a result of the issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry,of the State of Illinois,or of the United States of America,in the conduct of this Special Event Liquor License and that the statements contained in this application are true and correct to the best of his/her knowledge and belief. The undersigned is aware that state liquor licensing approval is required fo this license. ignature of Applicant SUBSCRIBED and SWORN to before me this day of 20 Notary Public DATE ISSUED LICENSE NO. EFFECTIVE DATE(S) 07/2008 REGULAR MEETING DECEMBER 20,2010 Mayor Low called the regularly scheduled December 20, 2010 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Black, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA At the request of Alderman Wimmer, Consent Agenda Item B, Resolution establishing 2011 City Council Meeting Schedule was pulled for further discussion and consideration. Motion by Wimmer, seconded by Blake,to approve the Consent Agenda as amended: A. Request to advertise for bids for printing 2011 Parks brochure and City newsletter; C. City Council Meeting Minutes: December 13,2010 regularly scheduled meeting; D. List of Bills: 1000BULBS.COM 219.65 ADAMS STEEL SERVICE INC 57.59 AHLBORN EQUIPMENT INC 210.54 ALEXANDER EQUIPMENT COMP 132.30 AMERICAN RED CROSS OF GR 128.00 ANDERSON, LEON 60.00 APCO INTERNATIONAL INC 69.00 AT&T 3,574.75 AUTO TECH CENTERS INC 625.50 BEGGS, DENISE 40.00 BURNS, DEB 40.00 BUSS FORD SALES 8,735.10 CAPITAL GAINS INCORPORAT 4,451.00 CARQUEST AUTO PARTS STOR 1,747.58 CASEY EQUIPMENT COMPANY 118.36 CDW GOVERNMENT INC 159.35 CENTEGRA WORKSITE WELLNE 2,015.00 CHEMICAL PUMP SALES & SE 135.00 CHICAGO INTERNATIONAL TR 132.16 COMCAST CABLE 75.78 CONSTELLATION NEWENERGY 22,705.85 CRESCENT ELECTRIC SUPPLY 117.03 CREUTZ, CHERI 40.00 CREUTZ, JACKIE 20.00 CURRAN CONTRACTING COMPA 1,548.36 CUTTING EDGE COMMUNICATI 190.00 CYNOWA, LEROY 442.00 DUCAK, JASON 17.22 DWITIS, JUNE 20.00 EAST JORDAN IRON WORKS 1,772.00 FAST EDDIES CAR WASH 261.70 FLESCH COMPANY INC, GORD 89.17 FOGLEMAN, JACKIE 75.50 Regular Meeting Page 2 December 20,2010 FREUND, YVONNE 40.00 GAMETIME 5,866.00 GITZKE, WILLIAM J 172.45 GRAINGER 174.33 GRASLY, CHERYL 2Q.00 GREAT LAKES FIRE & SAFET 5.10 GROWER EQUIPMENT & SUPPL 11.18 RAINES, MARY 20.00 HD SUPPLY WATERWORKS 208.00 HELLIOS, LYNN 40.00 HOGAN EXCAVATING INC, MI 3,700.00 HUEMANN & SONS INC, JOSE 750.00 HUGHES, CATHY 20.00 HYDE, CONNIE 60.00 IMAGETEC LP 2,318.40 JATIS, CINDY 20.00 JOSEPHSON INSTITUTE 100.00 KIMBALL MIDWEST 183.14 KING, LAURA 8.00 KOSTOPOLOUS, KAREN 20.00 LELOUP, SHARON 200.00 MARATHON TOWING 20.00 MCAULIFF & SEMROW PC 812.50 MCCANN INDUSTRIES INC 378.23 MCHENRY ANALYTICAL WATER 460.00 MCHENRY COUNTY COLLEGE 40.00 MCKEEN, BRIAN J 57.15 MCMASTER-CARR SUPPLY CO 724.68 MCMICHAEL, DAWN 20.00 MERRYMAN EXCAVATION INC 670,962.72 MILLER, CATHY 80.00 MINUTEMAN PRESS OF MCH 154.25 MONTE, MARA 200.00 MORRIE AND SONS INC 150.00 MUSIELAK, BERNICE 40.00 NATURESCAPE DESIGN INC 300.00 NIELSEN, ANNEMARIE 20.00 NOBILIO, KATE K 52.50 OHLIN SALES INC 50.43 OLSON, RUTH 40.00 OTTOSEN BRITZ KELLY COOP 52.50 PETROLIANCE LLC 7,360.62 PETTIBONE & CO, P F 302.50 PIERCE, KAREN 40.00 PIERONI, KIM 40.00 PITNEY BOWES INC 255.00 PRECISION SERVICE & PART 87.30 PRIME TACK & SEAL CO 1,044.45 QUICK, KATHLEEN 20.00 R&S FENCE COMPANY 174.82 RADICOM INC 220.00 RELIABLE MAINTENANCE INC 905.00 RELIABLE SAND & GRAVEL 4,183.07 ROCKALL, KRISTIAN 2,150.00 ROPER, DENISE 40.00 SAM'S CLUB 171.06 SCHOPEN PEST SOLUTIONS 165.00 SCHULTZ, LINDA 40.00 SEC GROUP INC 78,484.67 SECRETARY OF STATE / POL 194.00 STAN'S FINANCIAL SERVICE 222.00 STAPLES ADVANTAGE 414.50 STATE TREASURER IDOT 7,445.79 SWIFT CO INC, JOHN S 1,986.85 TINOZ PIZZA 30.00 ULTRA STROBE COMMUNICAIT 149.95 USA BLUEBOOK 218.74 VACULA, JOHN T 2,400.00 VERIZON WIRELESS 2,611.14 VERMONT SYSTEMS INC 4,584.00 Regular Meeting Page 3 December 20,2010 VIKING CHEMICAL COMPANY 874.00 WAHL, MARILYN 20.00 WATER WELL SOLUTIONS 17,058.05 WEBER, JEAN 40.00 ZUKOWSKI ROGERS FLOOD & 9,000.00 GRAND TOTALS 881,509.56 FUND TOTALS GENERAL FUND 72,741.48 DEVELOPER DONATION FUND 750.00 CAPITAL IMPROVEMENTS FUND 10,527.12 LOCAL STREET IMPROVEMENTS FUND 39,136.50 WATER/SEWER FUND 44,645.29 UTILITY IMPROVEMENTS FUND 697,575.77 EMPLOYEE INSURANCE FUND 2,015.00 RISK MANAGEMENT FUND 1,772.00 NFORMATION TECHNOLOGY FUND 5,687.40 RETAINED PERSONNEL ESCROW 2,208.00 POLICE PENSION FUND 4,451.00 TOTALS 881,509.56 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM B: RESOLUTION ESTABLISHING CITY COUNCIL 2011 MEETING SCHEDULE Alderman Wimmer stated his preference for two meetings per month as opposed to the previously scheduled three meetings per month. He suggested meetings be scheduled on the first and third Monday of each month. He noted reducing the number of monthly meetings would be prudent in light of the current economy. Alderman Peterson noted the next meeting would take place in January 2011. He suggested more specific dates should be determined at this time. Discussion ensued regarding what dates would be revised on the proposed resolution for consideration before Council. Question was raised as to how the holiday schedule for 2011 might alter the monthly meeting schedule. Mayor Low suggested postponing the process of going through the Council schedule month by month. Alderman Peterson stated his preference for setting the Council meeting schedule this evening. Mayor Low requested Council provide input as to their preference regarding the number of meetings scheduled per month. Alderman Condon stated she was leaning toward keeping three meetings per month with the option of canceling the third meeting if it is unnecessary. Regular Meeting Page 4 December 20,2010 Alderman Santi stated he likes the idea of adjusting the meeting schedule. He suggested the matter should be discussed at committee level before a decision is made by Council. Mayor Low inquired which committee the matter should be presented to. Alderman Glab stated he is against the reduction in the number of meetings held. Council should keep the schedule the way it has been established in prior years. He stated he does not want to see things slip through the cracks because meetings have not been held. He stated he does not support a reduction in the number of meetings held. Alderman Schaefer expressed concern that some items might be approved without going before Council if the number of meetings is reduced. He stated he concurred with Alderman Condon. Alderman Blake concurred with Alderman Condon and Alderman Schaefer. Alderman Peterson suggested canceling meetings for the following dates: February 14, 2011 March 14, 2011 April 11, 2011 September 19, 2011 November 14, 2011 December 12, 2011 Alderman Condon stated she does not agree that canceling meetings now is a particularly good idea. She stated she wants to be considerate of the economic climate but she is not in favor of reducing the number of meetings. Alderman Wimmer stated McHenry is the only municipality in the County that has more than two meetings per month. He suggested having less meetings would increase the number of agenda items and utilize the process more efficiently. Alderman Glab stated a lot more can be accomplished if there is more on the agenda. Mayor Low noted there has been a reduction in the number of items brought forward to Staff which require Council action. Alderman Condon stated if the schedule suggested by Alderman Peterson, including the reduction of meetings by six for the coming year (without notation), would suggest that meetings would be scheduled on the second and fourth Mondays of the month. She noted committee chairs have reduced the number of committee meetings held on an annual basis. However, she is still not convinced the number of monthly Council meetings should be reduced. Regular Meeting Page 5 December 20,2010 Alderman Peterson stated he does not want to extend the time period between meetings to three weeks. He noted the January meeting schedule is dictated by the December 2010 meeting schedule. He suggested eliminating six meetings in 2011 and then proceeding to two meetings per month in 2012. Alderman Glab suggested passing the resolution this evening and then amending the meeting schedule as Council sees fit. Motion by Wimmer, seconded by Blake, to pass a resolution establishing the following 2011 Council Meeting Schedule: JANUARY-7:30 P.M. FEBRUARY-7:30 P.M. MARCH-7:30 P.M. 3 Monday 7 Monday 7 Monday 17 Monday 21 Monday 21 Monday 31 Monday APRIL-7:30 P.M. MAY-7:30 P.M. JUNE-7:30 P.M. 4 Monday 2 Monday 6 Monday 18 Monday 16 Monday 13 Monday 25 Monday Annual Meeting 23 Monday 27 Monday JULY-7:30 P.M. AUGUST-7:30 P.M. SEPTEMBER-7:30 P.M. 6 Wednesday 1 Monday 12 Monday 18 Monday 15 Monday 26 Monday 25 Monday 29 Monday OCTOBER-7:30 P.M. NOVEMBER-7:30 P.M. DECEMBER-7:30 P.M. 3 Monday 7 Monday 5 Monday 17 Monday 21 Monday 19 Monday 31 Monday Discussion on the Motion: Alderman Schaefer requested October 315t be changed to October 24th. Both Aldermen Wimmer and Blake concurred and amended the motion. Alderman Condon expressed concerns with the reduced meeting schedule but stated the revised schedule is a good compromise. She acknowledged that Council is trying to be prudent while still making themselves available to their constituents. Alderman Condon requested a report from Administration and Department Heads in six months and at the end of 2011 regarding how the change in meeting schedule has affected Staff workloads and schedules. Mayor Low acknowledged the six month and year end report would be beneficial. Regular Meeting Page 6 December 20,2010 Amended Motion: Motion by Wimmer, seconded by Blake, to pass a resolution establishing the following 2011 Council Meeting Schedule: JANUARY-7:30 P.M. FEBRUARY-7:30 P.M. MARCH-7:30 P.M. 3 Monday 7 Monday 7 Monday 17 Monday 21 Monday 21 Monday 31 Monday APRIL-7:30 P.M. MAY-7:30 P.M. JUNE-7:30 P.M. 4 Monday 2 Monday 6 Monday 18 Monday 16 Monday 13 Monday 25 Monday Annual Meeting 23 Monday 27 Monday JULY-7:30 P.M. AUGUST-7:30 P.M. SEPTEMBER-7:30 P.M. 6 Wednesday 1 Monday 12 Monday 18 Monday 15 Monday 26 Monday 25 Monday 29 Monday OCTOBER-7:30 P.M. NOVEMBER-7:30 P.M. DECEMBER-7:30 P.M. 3 Monday 7 Monday 5 Monday 17 Monday 21 Monday 19 Monday 24 Monday Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. RESOLUTION: INITIATING THE PROCESS TO PLACE REFERENDUM QUESTION ON APRIL 5 2011 BALLOT TO ALLOW FOR APPOINTMENT OF CITY TREASURER City Administrator Black stated the City currently has a Treasurer which is an elected position as per Municipal Code Chapter 2, Article IV, Division 3. The annual salary is $1,800 and includes the duties of receiving all money, depositing funds, keeping accounts and records that show the financial status of the City and completing an annual report. The actual functioning of these duties is accomplished by Staff in the Finance Department. City Administrator Black noted City Attorney McArdle has provided Staff with information to initiate the process for amending the Municipal Code with the result that the position of Treasurer would be appointed rather than elected. The first step in the process is to pass a resolution approving the placement of a referendum question on the April 5, 2011 Consolidated Election Ballot. The resolution must be submitted to the McHenry County Clerk by February 7, 2011. Regular Meeting Page 7 December 20,2010 City Administrator Black further noted that once the position becomes an appointed one, a member of Staff could be designated as the Treasurer, thereby reducing the cost to the City for annual stipend, bonding, etc. associated with the elected position. City Administrator Black noted it is Staffs recommendation to pass the resolution to begin the process of placing a referendum question relating to the appointment of the City Treasurer on the April 5, 2011 Consolidated Election Ballot. Alderman Schaefer stated he had discussed this matter earlier with Mayor Low and City Administrator Black. The proposed appointment of the City Treasurer makes sense. He stated he understands the requirement for a City Treasurer is a statutory matter. The position is mandatory. Alderman Condon stated the proposal makes sense. However, it needs to be clearly explained to the public. Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to pass a resolution in support of placing a referendum question on the April 5, 2011 Consolidated Election Ballot regarding the amendment of the City's Municipal Code changing the position of City Treasurer from an elected position to an appointed position. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. VEHICLE STICKER APPLICATION PRODUCTION AGREEMENT AND VEHICLE LICENSE SOFTWARE AGREEMENT WITH THIRD MILLENIUM ASSOCIATES FOR MUNICIPAL VEHICLE STICKER SALES City Administrator Black stated Chapter 13, Sections 101-110 of the City's Municipal Code establishes fees and regulations regarding the purchase of City vehicle licenses (vehicle stickers). The typical license fee collected for passenger vehicles and pickup trucks is $12; license fee for school buses for non-profit entities is $15; and $30 for large trucks. City Administrator Black noted the program is difficult to administer and compliance by residents has diminished in recent years. City Administrator Black noted the Finance and Personnel Committee discussed the vehicle sticker program at length at its November 15, 2010 meeting. Three options were considered: 1. Add vehicle sticker fee to water/sewer bills; 2. Cross-reference current vehicle sticker program data with Secretary of State data in order to mail out forms using GIS software; and 3. Contract with a third party vendor that would compile resident and vehicle date, provide and print vehicle sticker application forms, and supply the City with vehicle sticker software to complete sales and track sticker purchases. Regular Meeting Page 8 December 20,2010 City Administrator Black stated it was the committee's recommendation to Council to accept option three and contract with a third party firm to provide services making compliance with the City's vehicle sticker program more universal. It is Staff's recommendation to contract for these services with Third Millennium. The total combined cost for creating files and production data and laser imaging and production is $7,060.38. The software agreement entails a one-time cost to purchase the vehicle software in the amount of $4,995 with an annual maintenance cost of$995. City Administrator Black stated it is Staffs recommendation to: 1. Approve a vehicle sticker application production agreement for a one-year term at an estimated cost of$7,060.38 with Third Millennium Associates; 2. Approve a vehicle license software agreement including the initial purchase price of $4,995 and annual maintenance fee of$995 with Third Millennium Associates. Alderman Wimmer stated this matter was discussed extensively at the Committee level. Alderman Peterson stated he personally would like to eliminate vehicle stickers, but if this can't be accomplished, he is glad to see this will clean up the program so it runs more efficiently. Alderman Glab stated it is disheartening to see that the total amount of fees collected has declined so significantly. He stated he hopes the program brings more people into compliance. Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to approve and authorize the Mayor's execution of the following documents with Third Millennium Associates: 1. Approve a vehicle sticker application production agreement for a one-year term at an estimated cost of$7,060.38; 2. Approve a vehicle license software agreement including the initial purchase price of $4,995 and annual maintenance fee of$995. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low wished everyone a Merry Christmas and a Happy New Year. She stated it has been an honor to work with everyone. Staff is amazing every day. Regular Meeting Page 9 December 20,2010 COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Condon inquired about the status of the Smith shed. She inquired if further information has been received. She asked if the information provided is different than what was originally submitted and reviewed at the Planning and Zoning Public Hearing, would Mr. Smith be required to go back to the Commission for a further Public Hearing. City Administrator Black responded Deputy City Administrator Martin is looking into the matter and information will be forthcoming. Alderman Santi noted the MCCG meeting hosted by McHenry last week at the McHenry Country Club was excellent. He stated it was an enjoyable night and it was a nice presentation. ADJOURNMENT Motion by Wimmer, seconded by Condon,to adjourn the meeting at 8:27 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:27 p.m. Mayor City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Assistant City Administrator FOR: January 3,2011 Regular City Council Meeting RE: McHenry Rotary Club St. Patrick's Day Parade RECOMMENDATION: To approve the McHenry Rotary Club St. Patrick's Day Parade as presented on Sunday,March 13,2011; intermittent closure of Waukegan Road, Green Street, Pearl Street, and Park Street between 1:00 PM and 1:30 PM; special use request for Veterans Memorial Park until 4:00 PM; and,waiver of all associated fees. ATT: Map of Parade Route Email request from McHenry Rotary Club Park Facilities Special Use Application Background. For the past two years, the McHenry Rotary Club has held a St. Patrick's Day Parade to recognize and honor volunteerism in our community. The parade followed a route along Riverside Drive to Veterans Memorial Park for a brief ceremony that included Irish step dancers and bagpipe music. The event has been well attended and posed little impact on city services. McHenry Rotary Club is requesting permission to host the parade and post-parade activities on Sunday, March 13, 2011, with a change in the parade route from Riverside Drive to Green Street. This year, the event would be staged in the East Campus parking lot and follow a route west on Waukegan Road, north on Green Street (crossing Route 120), east on Pearl Street, north on Park Street, culminating in Veterans Memorial Park. In the park the club plans to host similar activities as past years with the addition of contained food vendors similar to city band concerts, and a Baggo Tournament hosted by the Rotary Sunrise Club. All events will conclude by 4:00 PM. Analysis. The new parade route will necessitate the temporary closure of Waukegan Road, Green Street, Pearl Street, and Park Street. Chief of Police Jones stated the new route will not adversely affect department manpower. As in the past, the parade is anticipated to be relatively small and last approximately 30 minutes. All activities in the park are managed by Rotary volunteers. City services include traffic control, use of the park, and electricity for food vendors. As the event is a relatively low impact use of the park, the club's request to consider a waiver of the $110 park use fee is warranted. The City Council has waived fees for this event in the past. Pro � osed St. Patrick's Day p Communit Service Group Awareness y Parade Route 41 qw LwS"• • �'. , 1�. ir A14Y if., r _ 1 o IL 1 �+ Bill Hobson From: getphil@aol.com Sent: Tuesday, December 28, 2010 10:36 AM To: Bill Hobson Cc: karen@lavinatty.com Subject: Re: St Pats Parade Hello Bill, Please let this serve as a formal request for the 3rd Annual McHenry Rotary Club St. Patrick Day Parade 2011. Here are the details. Parade Date: Sunday March 13 Parade: Starting at 1 pm. The start point will be at McHenry High School East Campus along Waukegan Road. Parade Route:Waukegan Road east of Green Street then Green Street North, then to Pearl Street east, ending at Park Street. I would also like the use of Veterans Park for the day. At Veterans Park we will be using the Gazebo...could you please have the railing removed.We are planning on having a bagpiper play and some Irish Step Dancers perform.We will also have some vendors in the park selling coffee and coco and maybe food. Also in the park after the parade the Rotary Club will be doing a Bago Tournament as a fund raiser. am also requesting use of the parade review trailer. It will have to be set up somewhere on Green Street. I will need your advise on the location. Thank you, Phil Sweeney Parade Chairman McHenry Rotary Club Cell: 847-409-7445 MMENRY PARK FACILITIES SPECIAL USE AND/OR BEERMINE APPLICATION Contact Person: Phil Swinney Date of Picnic: 3/13/2011 Company/Organization:_McHenry Rotary Club Address: City/State/Zip: McHenry/IL/60050 Home Phone: Work/Cell Phone: 847-409-7445 Park: ❑ Knox Park ❑ Petersen Park X Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Other: Arrival Time: I:OOPM Departure Time: 4:OOPM Total Number Attending: 200 Falsifying attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: Please Remove front Gazebo Rails Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program(i.e. co picnic,car show,craft show,wedding, etc.): St. Patricks Day Activities List all activities that will be held:Dancers in gazebo bagpipers food vendors selling hot chocolate, coffee and food,Baggo Tournament Items being brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches ❑ carnival rides X music ❑ animals ❑ model planes ❑ other ❑ other Will beer/wine be present: ❑ Yes X No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS **Indicate the number of beer/wine permits issued to the undersigned this calendar year . Indicate the number of beer/wine permits denied_. Indicate amount of beer/wine to be brought into the City Park under this permit on such date (number of wine bottles,beer cases,beer kegs,etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park pursuant to this application will be sold,it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use and/or beer/wine application(s)and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: Date: Health permits are required by law for concessions and catering. Make arrangements to obtain permits NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: a**t**x***********r*** r**r*r r**r*****FOR OFFICE USE ONLY***r r***r*****x *r********r******r******r**r*r**r**r*x**** Reservation Fee: $ 110 Date Paid: Initials: Deposit Fee: $ 75 Payment: ❑ Cash ❑ Check ❑ Charge Total Fee: $ Submitted to City Council: Confirmation Sent: Initials: City Council Approval: Forms\picnic forms\special use and beer and or wine application T AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: January 3, 2011 Regular City Council Meeting RE: Hickory Creek Farm Lease Agreement Recommendation: To approve the attached revised agreement with Michael Sikula, Jr. for lease of the Hickory Creek Farm amending sections 2, 12, and 13 as presented. ATT: Amended Lease Agreement Background. Michael Sikula, Jr. who has leased the Hickory Creek Farm from the city for the past 17 years approached staff with a request to amend Sections 12 and 13 of the two-year lease agreement approved by the City Council on January 11, 2010. Sections 12 of the agreement states that should Mr. Sikula leave or cause the lease to be terminated and the city is unable to lease the property to another tenant for the same amount, Sikula would be legally responsible to pay the city the difference in rent for the remaining term of the lease. Section 13 states that upon termination or expiration of the current lease, Mr. Sikula must yield immediate possession of the property to the city or pay a $200 per day penalty. Analysis. Mr. Sikula feels that Section 12 and 13 are unduly harsh. Staff has had several discussions with Mr. Sikula to resolve his concerns in a manner that would be in the best interests of both parties and proposes the following solutions: Section 12. Staff recommends an amendment to Section 12 allowing either party to terminate the lease without penalty with a 90 day notice. A similar clause is included in lease agreements for 1 1 1 1 North Green Street and Union Pacific Metra parking lots. Section 13. Mr. Sikula is currently paying the city $2,400 per month or $78.90 per day for leasing the farm. Staff suggests reducing the $200 per day rent to $100 per day. This does impose a slight penalty however it is an amount more realistic to the current lease amount. As the first year of the two-year lease expires this month, staff also recommends extending the term of the existing lease an additional year, with a new expiration date of January 31, 2013. Mr. Sikula is in favor of the proposed amendments. LEASE AGREEMENT This Lease Agreement is entered into on February 1, 2010, between the CITY OF MCHENRY, ILLINOIS, an Illinois municipal corporation, 333 S. Green Street, McHenry, Illinois, hereinafter referred to as "City"or "Lessor" and MICHAEL SIKULA, JR., 5420 McCullom Lake Road, McHenry, Illinois, hereinafter referred to as "Lessee." WHEREAS, Lessee desires to lease from the City that part of Petersen Park which is located south of McCullom Lake Road and shown on Exhibit "A" as parcel 1, for the sole purpose of conducting a horse boarding and horse training operation thereon; and to be given permission to harvest hay from that part of Petersen park located on the north side of McCullom Lake Road, and shown on Exhibit "A" as parcel 2, under the terms and conditions set forth in this Lease Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN STATED, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS: 1. LEASED PREMISES: Lessee leases from Lessor that part of the Premises shown on the attached Exhibit "A" as parcel 1, which is located south of McCullom Lake Road for the sole purpose of conducting a horse boarding and horse training operation thereon. In addition, during the term of this Lease Agreement, Lessee is hereby granted permission to enter upon that part of Petersen Park, which is- located on the north side of McCullom Lake Road, and shown as parcel 2 on Exhibit "A," for the purpose of mowing, malting, and removing standing crops of grass growing thereon. 2. TERM OF LEASE: The term of this lease Agreement shall commence as of February 1, 2010 and shall end on January 31, 2013. 3. RENT: Lessee shall pay rent in the amount of Two Thousand, Four Hundred Dollars and 00/100 per month beginning February 1, 2010, at Lessor's address above. 4. CONDITION AND UPKEEP OF PREMISES: Lessee has examined and knows the condition of the Premises and acknowledges that no representations as to the condition and repair thereof have been made by Lessor, prior to or at the execution of this lease that are not herein expressed; Lessee will peep the Premises including all appurtenances, in good repair, replacing all broken glass with glass of the same size and quality as that broken, and will keep the Premises, including adjoining Premises, in a clean and healthful condition during the term of this lease at Lessee's expense, and upon the termination of this Lease, in any way, will yield up the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will deliver the keys therefore at the place of payment of said rent. 5. LESSEE NOT TO MISUSE; SUBLET,• ASSIGN• Lessee will not allow the Premises or any portion thereof to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified, and will not sublet the same or any part thereof, nor assign this lease, nor grant to any party an interest in the real estate, and Lessee will not permit any transfer by operation of law of the interest in the Premises acquired through this lease, and will not permit the Premises to be used for any unlawful purpose, or for any purpose that will injure the reputation or increase the fire hazard of the building thereon, and will not permit the same to remain vacant or unoccupied for more than ten consecutive days, nor permit any alteration of or addition to any part of the Premises; all alterations and additions to the Premises shall remain for the benefit of Lessor. 6. MECHANIC'S LIEN: Lessee will not permit any mechanic's lien or liens to be placed upon the Premises or any building or improvement thereon during the term hereof, and in case of the filing of such lien, Lessee will promptly pay same. If default in payment thereof shall continue for thirty (30) days after written notice thereof from Lessor to the Lessee, the Lessor shall have the right and privilege at Lessor's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expense and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of bill therefore. 7. INDEMNITY: To the fullest extent permitted by law, Lessee shall indemnify, defend and save Lessor, its officers, employees and agents harmless and indemnified from all injury, loss, claims or damage to any person or property while on the Premises occasioned by an act or omission of Lessee, or anyone claiming by, through or under Lessee. Lessor and Lessor's officers, agents and employees shall not be liable for, and Lessee waives all claims for, damage to person or property sustained by Lessee or any person claiming through Lessee resulting from any accident or occurrence in or upon the Premises, excluding any accident or occurrence without any act or omission by the lessee, resulting from the general use and public enjoyment of the pond on the subject property. 8. INSURANCE: At Lessee's sole expense, Lessee shall maintain, during the term of the tease, comprehensive public liability and property damage insurance, insuring Lessor and Lessee, their officers, employees and agents, against all claims, demands, or actions for injury, death or damage to property and protecting Lessor and Lessee from all causes, including their own negligence, in an amount of not less than One Million Dollars ($1,000,000.00) arising out of any one occurrence, made by or on behalf of any person, firm or corporation, arising from, relating to, or connected with the conduct and operation of Lessee's business son the Premises; Lessee shall also maintain at his expense, adequate insurance coverage, insuring such equipment, fixtures, horses, and personal property belonging to Lessee and his tenants. All of said insurance shall be in form, provided by responsible companies satisfactory to Lessor, and shall provide that it will not be subject to cancellation, termination or change except after at least thirty (30) days prior written notice to Lessor. Such insurance may be provided under a blanket policy, provided than an endorsement naming Lessor and others as an additional insured. The policies or duly executed certificates for the same, together with satisfactory evidence of the payment of the premium tliereon, shall be deposited with Lessor upon execution of this Agreement. 9. WATER, GAS, ELECTRIC AND TELEPHONE CHARGES: Lessor will pay all water, gas and electric light and power bills taxed, levied, or charged on the Premises, for and during the time for which this lease is granted. Lessee shall pay all telephone and related charges, which are taxed, levied, or charged on the Premises, for and during the time for which this lease is granted. 10. KEEP PREMISES IN REPAIR: Lessor shall not be obliged to incur any expense for repairing any improvements upon said Premises or connected therewith, and the Lessee, at his own expense, will keep all improvements in good repair (injury by fire, or other causes beyond Lessee's control excepted) as well as in a good tenantable and wholesome condition, and will comply with all laws and ordinances applicable thereto, Lessee will, as far as possible, keep said improvements from 2 deterioration due to ordinary wear and from falling temporarily out of repair. If Lessee does not make repairs as required hereunder promptly and adequately, Lessor may, but need not snake such repairs and pay the costs thereof and such costs shall be so much additional rent immediately due form and payable by Lessee to Lessor. I I. ACCESS TO PREMISES: Lessee will allow Lessor free access to the Premises for the purpose of examining or exhibiting the same, or to make any needful repairs, or alterations thereof, which Lessor may see fit to make, or for any other purpose, and will not interfere with the same; including access to the property for construction and installation of utilities. In addition, Lessee shall allow the general public free access to McCullom Lake and to the pond located on the Premises adjacent to McCullom Lake, for purposes of public enjoyment, so long as the public's access does not unreasonably interfere with Lessee's operation of his business expressed in the recitals to this Agreement. In addition, Lessee shall permit Lessor: ■ Hayrides: Use of the grounds for storage of the hay wagon and for trips through the property north of McCullom Lake Road ■ Tours: Park Department tours for educational purposes including summer day camps and preschool field trips (information on care of horses) ■ Heritage Days/Open House Program: Scheduling of one open house program in the fall of the year to allow for public viewing and historical tours conducted by the McHenry Landmark Commission or McHenry County Historical Society ■ Advertisement: Information to be included in one of the City's seasonal brochures about the horse boarding facilities at the park 12. ABANDONMENT AND RE-LETTING. Either party may at any time terminate this lease by giving ninety (90) days written notice of its intention to so terminate. 13. HOLDING OVER: Lessee will, at the termination of this lease by lapse of time or otherwise, yield up immediate possession to Lessor, and failing so to do, will pay as liquidated damages, for the whole time such possession is withheld, the sum of One Hundred Dollars ($100.00) per day; but the provisions of this clause shall not be held as a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmation of tenancy, operate as a waiver of the right to forfeit this lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein. 14. EXTRA FIRE HAZARD: There shall not be allowed, kept, or used on the premises any inflammable or explosive liquids or materials save such as may be necessary for use in the business of the Lessee, and in such case, any such substances shall be delivered and stored in amount, and use, in accordance with the rules of the applicable statutes and ordinances now or hereafter in force. 15. CITY ORDINANCES: Lessee hereby covenants to comply with all ordinances of the City of McHenry, which shall be in effect from time to time. 16. DEFAULT BY LESSEE: If default be made in the payment of the above rent, or any part thereof, or in any of the covenants herein contained to be kept by the Lessee, Lessor may at any time thereafter at its election declare said term ended and re-enter the Premises or any part thereof, with or (to 3 the extent permitted by law) without notice of process of law, and remove Lessee or any persons occupying the same, without prejudice to any remedies which might otherwise be used for arrears of rent, and Lessor shall have at all times the right to distress for rent due, and shall have a valid and first lien upon all personal property which Lessee now owns, or may hereafter acquire or have an interest in, which is by law subject to such distrain, as security for payment of the rent herein reserved. 17. NO RENT DEDUCTION OR SET OFF: Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lease. Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim for rent in any action. 18. RENT AFTER NOTICE OR SUIT: It is further agreed, by the parties hereto, that after the service of notice, or the commencement of a suit or after final judgment for possession of the Premises, Lessor may receive and collect any rent due, and the payment of said rent shall not waive or affect said notice, said suit, or said judgment. 19. PAYMENT OF COSTS: Lesee will pay and discharge all reasonable costs, attorney fees, and expenses that shall be made and incurred by Lessor in enforcing the covenants and agreements of this lease. 20. RIGHT CUMULATIVE: The rights and remedies of Lessor under this lease are cumulative. The exercise or use of any one or more thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy. 21. FIRE AND CASUALTY: In case the Premises shall be rendered untenantable during the term of this lease by fire or other casualty, Lessor at its option may terminate the lease or repair the Premises within 60 days thereafter. If Lessor elects to repair, this lease shall remain in effect provided such repairs are completed within said time. 22. SEVERABILITY: Wherever possible each provision of this lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this lease shall be prohibited by or become invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this lease. 23. HAZARDOUS SUBSTANCES: "Hazardous . Substance" is any petroleum product, asbestos product or any other material, substance or waste that is recognized as being hazardous or dangerous to health or the environmental protection jurisdiction over the Premises. Lessee represents and warrants to Lessor that it has never generated, stored, handled, or disposed of any hazardous Substance in or about the Premises. Lessee further represents, to the best of his knowledge, that Lessee is not aware of the generation, storage, handling, or disposal of any Hazardous Substance in or upon the Premises at any time by anyone else. Lessee shall indemnify and hold Lessor harmless from and against any and all demands, claims, enforcement actions, costs, and expenses, including reasonable attorney's fees, arising out of Hazardous Substance in existence in or upon the Premises subsequent to the date of this Lease. Lessee agrees not to generate, store, handle, or dispose of any Hazardous Substance in or upon the Premises during the term of the Lease. 4 IN WITNESS WHEREOF, the parties hereto have executed this instrument as the Date of Lease started above. LESSOR: LESSEE: City of McHenry, Illinois By: Mayor Susan E. Low Michael Sikula, Jr. Date: Date: 5