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
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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
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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
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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
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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
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Parade Route
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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