HomeMy WebLinkAboutOrdinances - ORD-10-1512 - 08/30/2010 - AUTHORIZE PARKING LOT LEASE AGMT NED NEUMANNORDINANCE NO. ORD-10-1512
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY
AND EDWARD J NEUMANN JR., AS TRUSTEE, UNDER THE PROVISIONS OF A TRUST
AGREEMENT DATED JUNE 15, 2007, AND KNOWN AS THE EDWARD J. NEUMANN, JR. TRUST,
FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET, IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, Edward J Neumann Jr., as Trustee, under the provisions of a Trust Agreement dated June
15, 2007, and known as the Edward J. Neumann Jr. Trust, is the legal owner of record and the City of McHenry
is the designated lessee of a portion of the real estate which includes two parking lot areas off of Green Street
and Waukegan Road located at I I I 1 N Green Street in the City of McHenry, Illinois.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTIONI: The Lease Agreement, bearing the date of August 30, 2010 between Edward J Neumann
Jr. Trustee, record owner, and the City of McHenry a Municipal Corporation in the State of Illinois designated
lessee be and the same is hereby approved. A complete and accurate copy of said lease agreement is attached to
this ordinance and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and
City Clerk to said Lease Agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
Passed and Approved this 30'' day of August, 2010
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
MAYOR
ATTEST:
'1
CITY ERK/
LEASE AGREEMENT
1111 NORTH GREEN STREET, McHENRY, ILLINOIS
This Lease Agreement ("Agreement") is entered into as of this :7 dl day of C�' r Cam%/
2010, by and between Edward J. Neumann, Jr., as Trustee, under the provisions of a T' st
Agreement dated June 15, 2007, and known as the Edward J. Neumann, Jr. Trust, property owner
("Lessor") and the City of McHenry, an Illinois municipal corporation ("Lessee").
RECITALS
A. Lessor presently owns two parking lots, located on the southerly portion of 1111 North
Green Street, McHenry, Illinois; specifically, the lower south lot with access from Green Street and the
upper south lot with access from Waukegan Road, each identified by crosshatching on the aerial
photograph attached hereto ("Premises"). The Premises lies within PIN 09-26-380-014.
B. Lessor desires to lease to Lessee the right to manage, operate and maintain a public
parking facility on the Premises.
NOW, THEREFORE, for and in consideration of the foregoing Recitals, the mutual covenants
and agreements set forth herein, and other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged and accepted by the Parties hereto, Lessor does hereby
grant to Lessee the right to manage, operate and maintain a public parking facility subject to and in
accordance with the following:
1. FEE AND TERM. Lessee covenants and agrees to pay Lessor the sum of Five Hundred
Dollars and No/100 ($500.00) per month for the Premises, commencing October 1, 2010, and on a
month -to -month basis thereafter. Payments shall be made by the 10`h of each month. Either party may at
any time terminate this Agreement by giving the other party sixty (60) days' prior written notice of its
intention to so terminate.
2. PURPOSE OF USE. The parties agree that the purpose of this Agreement is to insure
that the Premises and all of the improvements, including but not limited to; the parking surface, stairs,
handrails, sewer grates, light pole and/or lighting fixtures, and walkways are being leased "as is" with no
implied warranties or representations. Lessee will make any modifications or improvements to these
elements at its sole expense, only after receiving approval for such modifications from Lessor, the
approval of which will not be unreasonably withheld. Lessee shall restore the streetlight located between
the two parking lots, Lessor, at its cost, will provide the electricity to power the light. Lessee
acknowledges that ten parking spaces along the west line of the upper south parking lot with access from
Waukegan Road (shown on the attached drawing as "Reserved Spaces") will be available exclusively for
Landmark School's usage, on school days only when school is in session, and it will be the school
district's responsibility to post and control that restriction.
3. USE BY PUBLIC AND LESSOR. During the term of this Agreement, Lessee shall
permit and not interfere with or infringe upon the use of the parking facility by the general public or
Lessee, its agents or employees, subject to ten parking spaces partially reserved in paragraph 2, above.
Also, throughout the term of this Agreement, Lessor shall be permitted access to the Premises to park an
amphibious DUKW in the lower, south parking lot, without restriction, for a ten-day period of Lessor's
choosing each calendar year. Lessee shall make available parking spots necessary to park such vehicle.
4. MAINTENANCE AND ACCESS. Lessee, at its own cost and expense, shall manage the
parking facility and shall be responsible for the performance of "Routine Maintenance" throughout the
term of this Agreement. Routine Maintenance shall include, but shall not be limited to snow removal,
sweeping, sealcoating, re -marking and patching pavement associated with the operation of the parking
facility. Lessee has no obligation to otherwise repair or reconstruct the parking facility.
5. SIGNS. Lessee shall be permitted to place signage on the Premises, including, but not
limited to two that read, "Parking for Green Street Businesses Only".
6. LEGAL AND INSURANCE. Lessee shall manage, operate, maintain and use the
Premises and the parking facility in compliance with the requirements of all local, state and federal
ordinances, laws, rules and regulations in effect during the term of this Agreement. Lessee will provide
Lessor with a certificate of general liability insurance covering the Premises naming Lessor as an
additional insured.
7. LESSOR'S TITLE. Lessor hereby covenants quiet enjoyment of the Premises. Lessor
assumes any damages Lessee may sustain as a result of, or in connection with, any want or, failure at any
time of Lessor's good title to the Premises.
8. INDEMNIFICATION. To the extent covered by applicable insurance, the Lessee hereby
indemnifies and holds harmless Lessor from any and all injuries sustained, including death, to any
permittees who enter onto the Premises for purposes of this Agreement.
9. TAXES. Lessor shall be responsible for payment of all real estate taxes and special
assessments, if any, assessed against the Premises and Premises Parking Facility, including but not
limited to real estate taxes assessed.
10. NOTICES. All notices sent hereunder shall be sent via first class mail, postage prepaid
as follows:
Lessee:
Lessor:
City of McHenry
333 S. Green Street
McHenry, Illinois 60050
Attention: City Administrator
Edward J. Neumann, Jr., as Trustee,
under the provisions of a Trust Agreement dated
June 15, 2007, and known as the Edward J. Neumann, Jr. Trust
308 Country Club Dr
McHenry, IL 60050
11. SEVERABILITY. If any provision or any portion thereof, contained in this Agreement
is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or a portion thereof,
shall be deemed severable, shall not be affected and shall remain in force and effect.
LESSEE:
LESSOR:
B B
Y � .
Susan E. Low, Mayor Edward J. Ne , Jr., stee
2
THIRD PARTY BENEFICIARY AND INDEMNIFICATION
The undersigned, McHenry Riverwalk Center, LLC ("Developer") hereby acknowledges that the
above -referenced Lease Agreement was entered into, to a large extent, to accommodate current and future
needs of the Curtis Commercial Center located across Green Street from the Premises. As consideration
of the City of McHenry ("City") entering into the Lease Agreement, the Developer agrees to hereby
indemnify and reimburse the City for each and every obligation and related expenses it has under the
terms of said Lease Agreement. Specifically, Developer shall 1) pay to the City the same payment the
City pays to the Edward J. Neumann, Jr., as Trustee, under the provisions of a Trust Agreement dated
June 15, 2007, and known as the Edward J. Neumann, Jr. Trust under the Lease Agreement and at the
same time the City's payment is due; 2) restore the streetlight between the two parking lots and 3) at its
own expense, perform all Routine Maintenance obligations set forth in the Lease Agreement. In the event
the Developer defaults on its obligation to perform Routine Maintenance the City reservers the right, but
not the obligation, to perform said Routine Maintenance and the Developer shall reimburse the City upon
written request for related expenses. Developer shall maintain liability insurance on the leased premises
during the term of this lease and the City shall be named an additional insured. The limits of liability
shall not be less than $1 million per person and in the aggregate. Evidence of this insurance coverage
tion of this ement and thereafter upon reasonable request.
shall be provided to the City upon ex�
Agreed to thiO`'; day of C� LL C
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Riverwalk tI,&Qter, LLC