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Ordinance 2024-15 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-15 AN ORDINANCE APPROVING A LEASE AGREEMENT FOR CERTAIN REAL ESTATE IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 14th day of May, 2024 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on May 22,2024. Ordinance No. 2024-15 AN ORDINANCE APPROVING A LEASE AGREEMENT FOR CERTAIN REAL ESTATE IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (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, 65 ILCS 5/11-76-1 provides,in part,that the corporate authorities of the City have the power by ordinance adopted by an affirmative vote of three-fourths of the elected corporate authorities then holding office to lease real property for a term not to exceed ninety-nine years; and WHEREAS, We are Called to Care, an Illinois not-for-profit corporation (the "Corporation"),desires to provide emergency care for foster youth within the corporate boundaries of the City(the"Services"); and WHEREAS, the City owns property commonly known as 609 North Bridge Street, Yorkville, Illinois, which the Corporation desires to lease for the purpose of providing the Services; and WHEREAS, the City finds that the Corporation providing the Services to foster youth within the City would be in the best interest of the City and residents,and that a lease of the Subject Property to the Corporation is therefore desirable. THEREFORE,BE IT ORDAINED by the City Council of the United City Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein by reference as though fully set forth. Ordinance No. 2024-15 Page 2 Section 2. That the Lease Agreement attached hereto is hereby approved. Section 3. That the Mayor and City Clerk are directed to execute and attest to said Lease Agreement and do all that is necessary to consummate said Lease Agreement. Section 4. That all ordinances and parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed to the extent of any such conflict or inconsistency. Section 5.That if any part or portion of this ordinance shall be declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect the remainder of this ordinance. Section 6. That this ordinance shall be in full force and effect from and after its passage and approval. [Remainder of Page Intentionally Left Blank. Roll Call Vote to Follow] Ordinance No. 2024-15 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 14`h day of May, A.D. 2024. C Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville endall County, Illinois this fl day of MU , A.D. 2024. MAYOR Attest:• CIT CLERK Ordinance No. 2024-15 Page 4 Lease United City of Yorkville to Kendall County, Illinois This lease ("Lease") is made between the United City of Yorkville, Illinois a municipal corporation ("Lessor") and the We are Called to Care, a non-for-profit corporation of Illinois ("Lessee"). Lessor hereby leases to Lessee the Premises commonly known as 609 North Bridge Street, Yorkville to the Lessee upon the following terms and conditions: 1. Term. The term of this Lease for the Premises shall commence on May 14, 2024 and terminate on May 14, 2034 (the"Term") with no monthly rent. 2. Use and Occupancy. Lessee shall use and occupy the Premises for the purpose of Lessee's to transform this property in a vital resource for youth in emergency situations due to abuse or neglect in accordance with the terms and conditions set forth herein. This home would provide emergency care for foster youth as they transition to a more permanent situation. Lessee agrees not to use the Premises in any way that would result in the Premises becoming subject to real estate taxes. 3. Care and Maintenance of Premises. Lessee has examined the Premises and acknowledges that the Premises require rehabilitation which the Lessee is prepared to undertake at its sole cost. Lessee shall comply with any and all ordinances and regulations affecting the Premises and the rehabilitation thereof. The Lessor shall not be responsible for any work upon the Premises. Further, the Lessee shall fully indemnify and hold harmless the Lessor from any and all claims, damages, injuries, fines, attorney's fees or other damages arising from the Lessee's rehabilitation of the Premises and the use and occupancy of the Premises. Lessee shall be responsible for all repairs required during the term of this Lease, Lessor shall have no maintenance or repair obligations. Further, Lessee shall be solely responsible for all exterior maintenance (i.e. snow removal, plowing, landscaping, etc.). Lessee shall keep the parking lot, sidewalk, and all other exterior areas in good condition. 4. No Liens. In the event any lien upon Lessor's title results from any act of Lessee, and in the event that Lessee fails to remove said lien or bond over such lien within sixty (60) days after Lessor's notice to do so, in addition to being a material breach of this Lease, Lessor may remove the lien by paying the full amount thereof without question of validity. Lessee shall pay Lessor, upon request, the amount paid out by Lessor in such behalf, including Lessor's reasonable costs, reasonable expenses and reasonable legal counsel fees. Lessee shall comply with all statutes, City ordinances and City requirements or which may hereafter be in force pertaining to the Premises. 5. Improvements. As stated above, the Lessee shall make improvements to the Premises and at the end of the Term or Renewal Term of this Lease, the Lessee shall deliver the Premises in good order and condition. At the termination of this Lease, any improvements made to the Premises shall remain the property of the Lessor (including lighting and building 1 improvements). Any capital improvements done on the Premises, over $10,000 in value, other than the initial improvements, shall be approved by the City Council prior to commencement. For the purposes of this Agreement, maintenance work shall include regular upkeep of all components of the Premises, including maintenance and repairs. Any capital improvements done on the Premises of $5,000 or more but less than $10,000, other than the initial improvements, shall be approved by the City Administrator prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 6. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises, without the Lessor's prior written consent. 7. Utilities. Lessee shall pay all utility expenses and taxes (i.e. gas, electric, water, sanitary district, sewer, phone, cable, etc.) during the term of this Lease. Said utilities shall be separately metered for the Premises. No utilities are provided by the Lessor. Any interruption of utilities shall not be deemed an eviction or disturbance of Lessee's use and possession of Premises, nor render Lessor liable to Lessee in damages. Lessee hereby waives all claims against Lessor for injury or damage arising from failure to furnish such utilities. Lessee shall also pay for and secure adequate refuse removal service, 8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable times and upon reasonable notice, for the purposes of inspecting the same. 9. Insurance. a. Lessee shall save Lessor harmless and indemnify Lessor from and against all injury, loss, claims or damage to any person or property while on the Premises (including, parking areas, sidewalks or common areas of the Premises), and from and against all injury, loss, claim or damage to any person or property anywhere occasioned by any act, neglect or default of Lessee. Lessee shall maintain with respect to the Premises public liability insurance (including bodily injury and property damage) with limits of no less than Two Million and 00/100 Dollars ($2,000,000) in companies acceptable to Lessor and qualified to do business in the State of Illinois, insuring Lessor as well as Lessee against injury to persons or damage to property as herein provided. Lessee shall deposit with Lessor, at or prior to the commencement of the Term of this Lease, and thereafter within thirty (30) days prior to the expiration of such policies, the policies themselves or certificates of such insurance to be carried by Lessee. Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a thirty (30) day written notice to Lessor in the event of nonpayment, cancellation or any material change of coverage. To the maximum extent permitted by insurance policies which may be owned by either Lessor and/or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 2 FURTHER, LESSEE SHALL OBTAIN APROPRIATE BUSINESS INSURANCE TO COVER THE LESSEE'S PROPERTY, CONTENTS, TRADE FIXTURES, IMPROVEMENTS AND CUSTOMER PROPERTY. THE LESSOR IS NOT LIABLE FOR SAME. b. All insurance policies required hereunder shall name the Lessee as an additional insured under each policy. 10. Destruction of Premises. In the event of a partial destruction of the Premises during the term hereof, from any cause, Lessee shall forthwith repair the same, provided that such repairs can be made within sixty (60) days and in compliance with existing governmental laws and regulations; provided however: a. In the event that the Lessee shall elect not to make such repairs which cannot be made within sixty (60) days, this Lease may be terminated. b. In the event that the building located at the Premises is partially destroyed Lessee must repair the building to the same condition as prior to such partial destruction or this Lease shall be terminated. c. A total destruction of the building on the Premises shall automatically terminate this Lease. 11. No Waiver by Lessor. The failure of Lessor to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed as a waiver of any rights or remedies that Lessor may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. In case suit should be brought for recovery of the Premises or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fee. 12. Hazards & Storage. Lessee shall not, at any time, store any material or equipment of any kind or character within or without the Premises except in strict compliance with all applicable ordinances, laws or regulations of any governmental unit having jurisdiction. Lessee shall not permit the storage of any toxic and/or hazardous material, including, without limitation, asbestos, PCB, pesticides, oil wastes, herbicides and any other materials deemed toxic by the State of Illinois or United States Environmental Protection Agency in, except in strict compliance with all applicable ordinances, laws or regulations of any governmental unit having jurisdiction, on or around the Premises. 13. Notices. Any notice, request, demand, approval or consent given or required to be given under this Lease, shall, except as otherwise specifically provided herein, be in writing by (i) personal delivery; or (ii) shall be deemed as having been given three (3) business days after the same has been mailed by United States Registered or Certified Mail (Return Receipt Requested),postage prepaid at the address shown below: 3 Lessor: Lessee: United City of Yorkville We are Called to Care NFP 651 Prairie Pointe 15450 State Route 47 Yorkville, IL 60560 Newark, IL 60541 Notwithstanding the above, the required notice may be delivered via fax, provided that a transmission receipt is produced acknowledging the successful transmission of the copy. Any party may, at any time, change its address for the above purpose by mailing, as aforesaid, a notice stating the change and setting forth the new address. 14. Miscellaneous Provisions: a. Construction. If any clause, phrase, provision or portion of this Lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. b. Time of Essence. It is understood and agreed between the parties hereto that time is of the essence of all the terms and provisions of this Lease. Further, failure of either Lessor or Lessee to insist upon the strict compliance of the covenants and agreements of this Lease in any one or more instances shall not be construed as a waiver or relinquishment in the future of any such covenants and agreements. c. Entire Agreement. This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed by the Lessor and Lessee. d. Venue. The parties agree that unless otherwise instituted by Lessor, or agreed by Lessor, the sole and exclusive venue for the enforcement, interpretation, or otherwise for any litigation between the parties shall be the Circuit Court of the Twenty-Third Judicial Circuit, Kendall County, Illinois. e. Authority. The Parties each represent that each, respectively, has full right, power and authority to execute this Lease and that the person signing this Lease has the authority to bind that Party. f. Execution. This Lease and any amendments or supplements thereto may be executed in any numbers or counterparts and by different parties on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. g. Heirs, Assigns, Successors. This Lease is binding upon and shall inure to the benefit of the parties, their heirs and successors in interest. 4 h. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only in a writing signed by both parties. Signed this 1 'day of M , 2024. Lessor: Lessee: United City of Yorkville, Kendall County We are Called to Care (—)- By: Sig?._ 5 .D.-1 .a\\ By. Øz/z y 5