Resolution 2021-04 i
Resolution No.2021-04
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING A PREMISES USE AGREEMENT FOR THE SENIOR SERVICES ASSOCIATES
USE OF A PORTION OF THE BEECHER COMMUNITY BUILDING
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 this State; and,
WHEREAS, Senior Services Associates ("SSA") has provided services at the Beecher
I
Community Building in various capacities for more than a decade; and,
WHEREAS, SSA has had priority use of the Beecher Community Building under a prior
use agreement since 2005 and 2016; and,
WHEREAS, SSA desires to continue to provide services at the Beecher Community
Building; and,
WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities"),
recognizing the unique and valuable position that SSA holds in the community and desiring that
these programs, services, and activities continue have determined that it is in the best interests of
the City and its residents to enter into an agreement with SSA for use of certain space in the
Beecher Community Building.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Each of the recitals above is incorporated by reference in this Section 1.
Section 2. That the Premises Use Agreement for Senior Services Use of a Portion of the
Beecher Community Building, attached hereto and made a part hereof, is hereby approved and
the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement on behalf
of the United City of Yorkville. i
Resolution No.2021-04
Page 1
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
26t"day of January, A.D. 2021.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER ABSENT JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 5 day of FEaRUAPU , A.D. 2021.
MAYOR
i
Attest:
CITY CLERK
Resolution No.2021-04
Page 2
PREMISES USE AGREEMENT
SENIOR SERVICES ASSOCIATES USE
OF
A PORTION OF THE BEECHER COMMUNITY BUILDING
UNITED CITY OF YORKVILLE, ILLINOIS
WHEREAS, Senior Services Associates(hereinafter referred to as "SSA")is an
organization dedicated to providing programs, services and activities to senior citizens of the
UNITED CITY OF YORKVILLE(hereinafter referred to as "City")and surrounding areas, and
WHEREAS, SSA is uniquely qualified to provide such services to this very important
segment of the City's population,and
WHEREAS, SSA has demonstrated a long standing dedication to this segment of the
population by providing such services for 32 years,and
WHEREAS, SSA, after 10 years at this location,would like to continue providing
services at the Beecher Center,and
WHEREAS,the City,recognizing the unique and valuable position that SSA holds in the
community, and desiring that these programs, services and activities be continued for the benefit
of the community,has considered entering into a Use Agreement With SSA for use of certain
space in the Beecher Community Building under the specific terms and conditions found in this
agreement, and
WHEREAS,the City has determined that the Beecher Community Building is a logical
and suitable site for SSA to conduct it programs pursuant to the further agreements set forth
herein,and
WHEREAS, SSA agrees that the available space at the Beecher Community Building is
suitable and appropriate for its needs and agrees to the further agreements concerning the
building set forth herein.
IT IS AGREED,upon the mutual considerations self evident within this agreement,that
the City shall hereby make the Beecher Community Building available to SSA for its programs
and services under the terms and conditions as contained herein,to wit:
l. PREMISES: SSA shall have primary priority use of the Beecher Community Building
subject only to the additional users and uses set forth below including honoring the
"Memorandum of Agreement" (and any and all renewals of the Memorandum of
Agreement upon similar terms and conditions)for Community Nutrition Network
(CNN). Copies of both agreements are attached hereto and incorporated herein. SSA
agrees that it shall act as manager/coordinator of the interior of the building(excluding
the parking area and grounds) scheduling and administrating the building for the
following users, (and other users if mutually agreeable between the City and SSA):
a. Community Organizations Users, including but not limited to Boy Scouts, Cub
Scouts,Lions Club,Junior Women's Club,Retired Teachers Association, and
others individuals or organizations that may seek the use of the Beecher
Community Building for its programs and/or meetings. Any and all typical and
customary fees paid by the Community Organizations for use of the building shall
be paid to the City. SSA may charge a fee for supplies and routine cleaning
required by the Community Organization Users.
b. Community Nutrition Network("CNN")for its uses in providing nutrition
programs.
2. MAINTENANCE RESPONSIBILITIES:
a. SSA shall be solely responsible for interior cleaning and janitorial services as well
as quarterly floor cleaning, at its sole cost. City will assist in providing these
services to SSA, if requested, and SSA will then reimburse City for the City's
actual costs. SSA may also seek assistance and reimbursement from CNN in
regard to the areas occupied by those services. SSA may also seek assistance and
reimbursement from Community Organizations Users if their use creates unique
and excessive cleaning needs.
b. City shall be solely responsible for all structural and mechanical repairs and
maintenance including for illustration HVAC,plumbing,electricity,and roof.
City shall be solely responsible for all exterior maintenance and repair of the
building, grounds and parking lot.
3. COSTS:
a. Each party shall be responsible for the costs of its respective Maintenance
Responsibilities under Section 2,above, including but not limited to wages/salary,
material and supplies and contractual services as applicable.
b. SSA shall additionally be financial responsible for the following:
i. Natural Gas,phones and computers,quarterly floor care,carpet(including
removal at termination of the use), signs.
ii. Monthly payment to the City in an amount of$500 which is to provide for
capital fund HVAC and other major maintenance and repairs,
4. ROOM ALLOCATION/STORAGE: General allocation of the Building for ongoing use
shall begin as set forth below, subject to agreement between SSA and/or CNN. SSA
understands that the Beecher Community Building has very limited storage space which
must also be shared. Subject to any subsequent agreement that SSA may make with
CNN,the initial allocation of rooms and storage shall be as follows:
Office Space:
SSA: Dailey Room-office(desks,phone line etc,)
CNN: Austin Room West Office-office(desk,phone line,etc,)
Storage Space:
SSA: Dailey Room cabinets, large storage room(south wall,and west wall)
CNN: Austin Room east storage cabinets(all 4 sections)
Community Organizations: Currently the Lions Club and Boy Scout Troop 40
have storage on the north wall
SSA shall not make any structural improvements(including storage cabinets)unless
agreed upon by the City prior to beginning such improvements. All improvements
should be done with the common interest and use of the building,or area in mind. Said
improvements will become a part of the building,owned by the City,and shall be
surrendered without compensation upon the termination of the lease regardless of the
reason for termination.
5. TERM AND TERMINATION OF THIS AGREEMENT: This agreement shall have a
term of 5 years commencing on November 1,2020 and concluding on October 31, 2025.
Notwithstanding the term of this agreement,this agreement may be terminated by the
City with twelve(12)months prior written notice,or by SSA immediately upon notice.
6. ACKNOWLEDGEMENT OF CITY PARK USES: SSA acknowledges and understands
that the grounds and parking areas are used by the City and its Parks and Recreation
Department for various programs and events as well as by the general public. SSA
agrees that it accepts this condition and will not interfere with the City and Parks and
Recreation Departments use of the grounds and parking, and furthermore acknowledges
and agrees that parking congestion my occur from time to time when the park area is
being used for programs and events including but not limited to youth sports, football
games,and festivals.
7. INSURANCE: SSA shall maintain general liability insurance under its name, and name
the City as an additional insured on said policy of insurance;the terms and limits of the
policy must by agreeable and agreed upon by the City Director of Finance.
8. HOLD HARMLESS AND INDEMNIFICATION: SSA shall indemnify and hold the
City harmless for any and all claims and causes of action that arise during the course of
facility use by SSA, its employees,employees,agents, or departments,thereof.
9. SIGNS: SSA shall be allowed to place a sign,or signs,upon the Beecher Community
Building or in front of the Beecher Community Building. Said signs shall be in number,
location, size and character solely upon the agreement of the City Administrator, and all
signs shall conform to the City's sign ordinance.
10. COMPLIANCE WITH ALL LAWS AND REGULATIONS: SSA shall conduct their
activities and uses of the premises,and maintain the premises at all times in keeping with
all applicable laws and regulations including but not limited to the Health Regulation
regarding the preparation of food and use of the kitchen area. SSA, in its capacity of
building manager shall have oversight authority to insist that CNN comply with the same
rules and regulations.
11.NOTICES:All notices shall be given by hand delivery to the other party at the Beecher
Community Building(for SSA)and to City Hall(for the City).
This agreement made on January 26, 2021.
SENIOR SERVICES ASSOCIATES
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Attest:
By:
United City of YorkMille
John Purce 1,Ma or
Attest:
Lisa Pickering, City Clerk