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HomeMy WebLinkAboutOrdinances - O-80-251 - 12/15/1980 - AUTHORIZE LEASE AGMT0-80-251 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That the Mayor is authorized and directed to sign and the City Clerk to attest the Lease Agreement which is attached hereto and made a part hereof, as Exhibit A. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED THIS 15th DAY OF DECEMBER 1980. AYES: Meurer, Schooley, Adams, Wieser, Datz, Harker, Nolan, Pepping NAYS: None ABSENT: None APPROVED THIS 15th DAY OF DECEMBER , 1980. ATTEST: CITY CLER i /. � Z MMAJ�Mu I - 4 r- 11111ii ii i6d�m / O. LEASE AGREEMENT This Lease Agreement made this 1st day of January , 19 81, by and between McHENRY STATE BANK as Trustee under Trust Agreement No. 1232 dated June 2, 1977, and hereinafter referred to as Lessor, and the CITY OF McHENRY, an Illinois Municipal Corporation, hereinafter referred to as Lessee, to wit: 1. The Lessor leases to Lessee the following described property: The Southwesterly 30 feet of the Northeasterly 52 feet of that part of the South half of Section 26, Township 45 North, Range 8 East of the 3rd Principal Meridian bounded by a line described as follows: Beginning at a point on the Southeasterly line of Illinois Route No. 120, being the Northwesterly corner of that tract of land conveyed in that instrument recorded December 17, 1973, as Document No. 608359 thence Southeasterly along the Southwesterly line of said tract of land, aforesaid, and said line extended, a distance of 185.0 feet; thence Southwesterly parallel with the Southeasterly line of said Illinois Route No. 120, a distance of 185.0 feet, more or less, to the North- easterly bank of Boone Creek; then Northwesterly along the line of said creek to the Southeasterly line of Illinois Route 120; thence Northeasterly along the Southeasterly line of said highway, a distance of 181.0 feet, more or less, to the place of beginning, McHenry County, Illinois, to be occupied and used by said Lessee as the driveway of egress and ingress to a parking area only, commencing on the 1st day of January 19 81 , and running on a month to month tenancy under terms and conditions hereinafter set forth. 2. Lessee agrees as follows: a. To pay to Lessor as rent for said driveway described above the sum of $1.00 per year payable in advance. b. To keep said described driveway in good repair at the expense of the Lessee. c. To use said property during the terms of this lease for the purpose specified above. d. Not to assign this lease, nor sublet said property, or any part thereof without written consent of the Lessor. e. Not to make any contract for construction, repair, or improvement on, in, of, or any part thereof, or for any work to be done or any materials to be furnished on or to said leased property, or any part thereof, without providing and such contractor agreement that no lien of mechanics or material shall be created or shall arise against the above described land. 3. This lease may be terminated by the Lessor in the event of a breach by the Lessee of the agreements or covenants herein contained, In the event of a breach the Lessor may reenter the said land and immediately terminate this lease agreement. 4. It is further agreed by and between the parties that if the Lessor wishes to terminate this said lease, other than through a breach by the Lessee, then said Lessor shall give said L -,see thirty day notice of the •termination. FXNTRTT A 5. Lessor shall not be liable for any damage to persons or property occurring on or arising out of the use of said leased property from any cause whatsoever, and the Lessor shall be named as an additional insured as to said described property. THE McHENRY STATE BANK, not personally but as trustee under Trust Agreement No. 1223, dated June 2, 1977. By: Trust Officer CITY OF McHENRY, ILLINOIS, By: a'V '/X?=Z IV Mayor ATTEST: City Clerk -2-