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Ordinance 2017-23 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2017-23 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING A LEASE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND 215 HILLCREST LLC Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 25h day of April,2017 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 17,2017. Ordinance No.2017- OL AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS,APPROVING A LEASE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND 215 HILLCREST LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (the"City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Mayor and City Council of the City have directed a special census of the population be undertaken in accordance with all applicable federal laws; and, WHEREAS, the special census requires use of an office space while data is being collected and compiled; and, WHEREAS, the City desires to rent office space in order to provide the United States Census Bureau with the office space necessary to conduct the special census without interrupting the operations of the City; and, WHEREAS, Section 11-76.1-1 of the Illinois Municipal Code authorizes the City to lease real property for public purposes; and, WHEREAS, 215 Hillcrest, LLC is the fee owner of certain real property being, lying and situated in Kendall County, Illinois, such real property having a street address of 215 Hillcrest Avenue, Yorkville, Illinois and is desirous of leasing to the City the Community Room consisting of approximately 850 sq. feet located in the lower level thereof(the"Premises"); and, WHEREAS, the City believes it to be in the best interests of its citizens to lease the Premises pursuant to terms and conditions contained in a lease agreement. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Lease Agreement between 215 Hillcrest, LLC and the United City of Yorkville, attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are directed to execute said Agreement and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 2. This Ordinance shall be in full force and effect upon its passage and approval according to law by a two-thirds vote of the City Council. Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ` , 2017. CITY CLERK Ordinance No.2017-oZ 3 Page 2 CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ag day of APkI L 92017. MAYOR/""" Attes /x i-Z'�� City Clerk Ordinance No.2017- of 3 Page 3 THIS LEASE AGREEMENT (hereinafter referred to as the "Lease") made and entered into this dj day of April, 2017, by and between 215 Hillcrest, LLC, an Illinois Limited Liability Company, (hereinafter referred to as "Lessor") and the United City of Yorkville, an Illinois Municipal Corporation(hereinafter referred to as "Lessee"). WITNESSETH : WHEREAS, the Mayor and City Council of the United City of Yorkville have directed a special census of the population be undertaken in accordance with all applicable federal laws; and, WHEREAS, the special census requires use of an office space while data is being collected and compiled; and, WHEREAS, Lessee desires to rent office space in order to provide the United States Census Bureau with the office space necessary to conduct the special census without interrupting the operations of the Lessee; and, WHEREAS, Lessor is the fee owner of certain real property being, lying and situated in Kendall County, Illinois, such real property having a street address of 215 Hillcrest Avenue, Yorkville, Illinois(hereinafter referred to as "the Property"). WHEREAS, Lessor is desirous of leasing the Community Room consisting of approximately 850 sq. feet located in the lower level of the Property (hereinafter referred to as "the Premises")to Lessee upon the terms and conditions as contained herein; and WHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the sum of$10.00, the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described Premises together with any and all appurtenances thereto, for a term of three months such term beginning on May 1, 2017, and ending on July 31, 2017. 2. RENT. The total rent for the term hereof is the sum of$1,800.00 payable on the 1 st day of each month of the term, in equal installments of$600.00. All such payments shall be made to Lessor at 42 Maple Ridge Ct.,Yorkville, Illinois 60560 on or before the due date and without demand. 3. KEYS. On or before the commencement of the Lease term, Lessor shall provide to Lessee keys to the Property and Premises. Lessee shall make no copies of any keys provided by Lessor. If additional keys are required by Lessee, a request must be made to Lessor. Lessee shall provide Lessor with a signed receipt for all keys received by Lessee. Upon surrender of the Premises as provided for in Paragraph 15 hereof, all keys received by Lessee for the Property and Premises shall be returned to Lessor. Lessee agrees that a fee of $25.00 will be due to Lessor for any key not returned to Lessor as provided herein. LEASE AGREEMENT PAGEressee Initials: essor 4. USE OF PREMISES/PROPERTY. The Premises shall be used by Lessee and any authorized United States Census Bureau staff working on the Special Census that will be conducted in the United City of Yorkville during the term of this Lease. Lessee shall have non-exclusive access and use of the parking lot located on the Property and any common areas located on the Property, including but not limited to, the kitchen, storage room, common garbage area, and restroom facilities. Personal property located within the Premises, including any furniture, may be used by Lessee during the term of this Lease. Lessee shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that, at the time of this Lease, it is in good order, repair, and in a safe, clean and tenantable condition. 6. ASSIGNMENT AND SUB-LETTING. Lessee shall not assign this Lease, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Lessor. A consent by Lessor to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Lessor or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Lessor's option,terminate this Lease. 7. ALTERATIONS AND IMPROVEMENTS. Lessee shall have the right to furnish the Premises with additional telephone, cable, internet, or similar lines and to secure the Premises from a pass through to the kitchen but shall make no other alterations to the Premises or the buildings or improvements on the Property or construct any building or make any other improvements on the Property without the prior written consent of Lessor. Lessee, at Lessee's sole expense, shall return the pass through to the kitchen to its condition at the time of this Lease and remove any other alterations such that the Premises is returned to its condition as of the time of this Lease, ordinary wear and tear excepted. 8. NON-DELIVERY OF POSSESSION. In the event Lessor cannot deliver possession of the Premises to Lessee upon the commencement of the Lease term, through no fault of Lessor or its agents, then Lessor or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Lessor or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Lessee agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Lessor or its agents, then this Lease and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS. Lessee shall not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company. LEASE AGREEMENT PAGE 4 Initials: Lessor essee 10. UTILITIES. Lessor shall be responsible for arranging for and paying for all utility services required on the Premises. 11. MAINTENANCE AND REPAIR. Lessor will, at its sole expense, keep and maintain the Premises and the Property and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal thereof such that the Premises and Property remain in the same condition as of the time this Lease is executed, ordinary wear and tear excepted. Notwithstanding Lessor's obligations under this Paragraph 11, Lessee shall be responsible for all cleaning and janitorial services required for the Premises during the term of this lease. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying rentals up to such date and Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Lessor exercises its right to repair such untenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence and the Lease continue according to its terms. 13. SUBORDINATION OF LEASE. This Lease and Lessee's interest hereunder are and shall be subordinate,junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Lessor, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 14.LESSEE'S HOLD OVER. If Lessee remains in possession of the Premises with the consent of Lessor after the natural expiration of this Lease, a new tenancy from month-to- month shall be created between Lessor and Lessee which shall be subject to all of the terms and conditions hereof except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 15. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee shall surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear thereof and damages by the elements excepted. 16.QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as being payable by Lessee and Lessee's performance of all Lessee's agreements contained herein and Lessee's observance of all rules and regulations, shall and may peacefully and quietly have,hold and enjoy said Premises for the term hereof. LEASE AGREEMENT PAGE3 4 Ini �— tials: essor Lessee 17.DEFAULT. If Lessee fails to comply with any of the material provisions of this Lease, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on Lessee by statute, within seven (7) days after delivery of written notice by Lessor specifying the non-compliance and indicating the intention of Lessor to terminate the Lease by reason thereof, Lessor may terminate this Lease. If Lessee fails to pay rent when due and the default continues for seven (7) days thereafter, Lessor may, at Lessor's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Lessor at law or in equity or may immediately terminate this Lease. 18. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State of Illinois. 19. SEVERABILITY. If any provision of this Lease or the application thereof shall, for any reason and to any extent,be invalid or unenforceable, neither the remainder of this Lease nor the application of the provision to other persons, entities or circumstances shall be affected thereby,but instead shall be enforced to the maximum extent permitted by law. 20. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 21.DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Lessor or Lessee. 22. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 23.NON-WAIVER. No indulgence, waiver, election or non-election by Lessor under this Lease shall affect Lessee's duties and liabilities hereunder. 24. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Lease shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date first written above. Lessee: Th United i o Yorkville By: Ma or Lessor: 215 Hillcrest, LLC By: el Ottosen,member LEASE AGREEMENT PAGEAssee 4 Initials: Fe or