Ordinance 2024-74 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-74
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 10th day of December,2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County,Illinois on December 11, 2024.
Ordinance No. 2024-74
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, The Illinois Municipal Code, at 65 ILCS 5/11-76-1-1 provides, in part, that
the corporate authorities of the City have the power by ordinance adopted by an affirmative vote
of two-thirds of the elected corporate authorities then holding office to lease real property for a
term not to exceed twenty years; and
WHEREAS, the City is in the process of building a new public works facility which will
not be completed until the Summer of 2026; and
WHEREAS, the City's current facilities for public works vehicle and equipment storage
are at capacity and therefore the City has equipment and vehicles that will need to be stored outside,
resulting in decreased useful life of said equipment and vehicles; and
WHEREAS, a building is available in Fox Industrial Park, at 1203 Badger Street, unit B
(the "Facility"), which the City can lease for the purpose of storing vehicles and equipment, as
provided in the Commercial Lease attached hereto as Exhibit A; and
WHEREAS, the price to lease the Facility would be $35,000 for a 14 month period, or
$2,500 per month; and
WHEREAS,the City's public works department recommends renting the Facility to store
vehicles and equipment until the new public works facility is complete, with a one year lease
December 11, 2024 — December 11, 2025, and a month-to-month lease thereafter until the new
public works facility is complete.
Ordinance No.2024-74
Page 2
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.
Section 2. That the Commercial Lease 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.2024-74
Page 3
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
10th day of December, A.D. 2024.
CI 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, Kendall County, Illinois
this 104day of CpAild , A.D. 2024.
MAYOR
Attest:
l,uA‘ vOia/burtot
CLERK
Ordinance No.2024-74
Page 4
1
A140-10 COMMERCIAL LEASE
R140-04
This lease is made between Beaver Street LLC ,
of P.O. Box 51, Yorkville, IL 60560-0051
herein called Lessor,and United City of Yorkville ,of
651 Prairie Pointe Dr., Yorkville, IL 60560 herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the City of Yorkville
,County of Kendall ,State of Illinois ,described as
1203 Badger, Unit B, Yorkville, IL ,upon the following TERMS and CONDITIONS:
L Term and Rent. Lessor demises the above premises for a term of or.e (1) years,commencing
December 1, 2024 (.earl,and terminating on November 30,2025 tyeorl,or
sooner as provided herein at the monthly rate: Twenty—Five Hundred & no/00
Dollars($2,500.00 ),payable in equal installments in advance on the
first day of each month for that month's rental,during the term of this lease. All rental payments shall be made to
Lessor,at the address specified above.
2. Use. Lessee shall use and occupy the premises for storage .The premises
shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose.
3. Care and Maintenance of Premises.Lessee acknowledges that the premises are in good order and repair,unless
otherwise indicated herein. Lessee shall,at his own expense and at all times,maintain the premises in good and safe
condition,including plate glass,electrical wiring,plumbing and heating installations and any other system or equip-
ment upon the premises and shall surrender the same,at termination hereof,in as good condition as received,normal
wear and tear excepted. Lessee shall be responsible for all repairs required,excepting the roof,exterior walls,struc-
tural foundations
which shall
be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises,such
as sidewalks,driveways,lawns and shrubbery,which would otherwise be required to be maintained by Lessor.
4. Alterations. Lessee shall not,without first obtaining the written consent of Lessor,make any alterations,addi-
tions,or improvements,in,to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes,ordinances and requirements of all municipal,
state and federal authorities now in force,or which may hereafter be in force,pertaining to the premises,occasioned
by or affecting the use thereof by Lessee.
6.Assignment and Subletting.Lessee shall not assign this lease or sublet any portion of the premises without prior
written consent of the Lessor,which shall not be unreasonably withheld.Any such assignment or subletting without
consent shall be void and,at the option of the Lessor,may terminate this lease.
7. Utilities. All applications and connections for necessary utility services on the demised premises shall be made
in the name of Lessee only,and Lessee shall be solely liable for utility charges as they become due,including those
for sewer,water,gas,electricity,and telephone services.
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 purpose of inspecting the same,and will permit Lessor at any time within
sixty(60)days prior to the expiration of this lease,to place upon the premises any usual"'lb Let"or"For Lease"
signs,and permit persons desiring to lease the same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof,Lessor shall
not be liable for any damage caused thereby,nor shall this lease be void or voidable,but Lessee shall not be liable
for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within
14 IA days of the commencement of the term hereof.
10.Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee,or any other person,
or to any property,occurring on the demised premises or any part thereof,and Lessee agrees to hold Lessor harmless
from any claims for damages,no matter how caused.
11.Insurance. Lessee,at his expense,shall maintain plate glass and public Iiability insurance including bodily
injury and property damage insuring Lessee and Lessor with minimum coverage as follows:
$1,000,000 minimum
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate
shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To
the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee,Lessee and Lessor,
for the benefit of each other,waive any and all rights of subrogation which might otherwise exist.
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..sos(o owe ravnc no mThy pnaucg i:1 t ratid.
n 53926 20009 2
12.Eminent Domain.If the premises or any part thereof or any estate therein,or any other part of the building mate-
rally affecting Lessee's use of the premises,shall be taken by eminent domain,this lease shall terminate on the date
when title vests pursuant to such taking. The rent,and any additional rent,shall be apportioned as of the termination
date,and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any
part of the award for such taking or any payment in lieu thereof,but Lessee may file a claim for any taking of fix-
tures and in-.provements owned by Lessee,and for moving expenses.
13.Destruction of Premises. In the event of a partial destruction of the premises during the term hereof,from any
cause.Lesser shall forthwith repair the same,provided that such repairs can be made within sixty(60)days under exist-
ing governmental laws and regulations,but such partial destruction shall not terminate this lease,except that Lessee shall
be entitled to a proportionate reduction of rent while such repairs are being made,based upon the extent to which the
making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made with-
in said sixty(60)days,Lessor,at his option,may make the same within a reasonable time,this lease continuing in effect
with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which
cannot be made within sixty(60)days,this lease may be terminated at the option of either party. In the event that the
building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the
replacement costs thereof,Lessor may elect to terminate this lease whether the demised premises be injured or not. A
total destruction of the building in which the premises may be situated shall terminate this lease
14.Lessor's Remedies on Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in
the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default
and if Lessee does not cure any such default within days,after the giving of such notice(or if such other
default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such
curing withi.s such days and thereafter proceed with reasonable diligence and in good faith to cure such
default),then Lessor may terminate this lease on not less titan days'notice to Lessee. On
the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the
premises to Lessor,but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminat-
ed by Lessor,Lessor may at any time thereafter resume possession of the premises by any lawful means and remove
Lessee or other occupants and their effects.No failure to enforce any term shall be deemed a waiver.
15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of
None Dollars($None ) as
security for the performance of Lessee's obligations under this lease,including without limitation the surrender of
possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default
of 1 Pawn-,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit
on hand at al times during the term of this lease.
x Increase. In the event there is any increase during any year of the term of this lease in the Cit
State real esta and above the amount of such taxes assessed for the tax tc the term of this
lease commences,whether beca sed rate or vale a pay to Lessor upon presentation of
paid tax bills an amount equal to m n ' axes upon the land and building in which the leased
premises are sit vent that such taxes are assessed for a tax ding beyond the term of the lease,
tganon of Lessee shall be proportionate to the portion of the lease term included m s1tdryear.
nt e demised remises are situated in a sho in ce to•
cial building in which there are common a ro-rata s a , d
anon area.
18,Attorney's Fees. 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 tc all costs incurred in connection with such action,including a reasonable attorney's fee.
19.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
20.Notices. Any notice which either party may or is required to give,shall be given by mailing the same,postage pre-
paid,to I'se at the premises,or Lessor at the address specified above,or at such other places as may be designated by
the parties from time to time,
21.Heirs,Assigns,Successors. This lease is binding upon and inures to the benefit of the heirs,assigns and suc-
cessors in interest to the parties.
22.Option to Renew. Provided that Lessee is not in default in the performance of this lease,Lessee shall have the
option to renew the lease for an additional term of tbd months commencing at the expiration of the initial lease
tern. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent
shall be the sum of$2,500/month .The option shall be exercised by written notice given
to Lessor not less than sixty days prior to the expiration of the initial lease term.
If notice is not given in the manner provided herein within the time specified,this option shall expire.
23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against
the property.
24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is
a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present
health risks tc persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been
found in buildings ir. 4 .Additional information regarding radon and radon testing may be obtained
from your county public health unit.
25.Entire Agreement.'The foregoing constitutes the entire agreement between the parties and may be modified only
by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the
parties'execution hereof:
Signal this day of November, 2024
By: Lessor By: Lessee
Beaver Street LLC n—DCYl
12-Eminent Domain.If the premises or any part thereof or any estate therein.or any other part of the building mate-
daily affecting Lessee's use of the premises,shall be taken by eminent domain.this tease shall terminate on the dote
when title vests purnmat to such taking.Thereat.and any additional rent,shall he apportioned as of the termination
date,and any rent paid for any period beyond that date shall be repaid to Lessee.Lessee shall not be entitled to ony
pan of the award for such taking or any payment in lieu thereof,but Lessee may file a claim for any taking of fix.
tuna and irrprovemems owned by Lessee,and for moving expanses.
13.Destruction of Premises. In the event of a Finial desteuedon of the premises during the term hereof,from any
cause,Lesser shall f nthwldh repair the same,provided that such repairs can be made within sixty(60)days under exist-
ing governmental laws and regulations,butsuch partial destsuctlo n shall net terminate this lease,except that Lessee shall
be entitled to a proportionate seducdon of rent while such repairs are being made,based upon the extent to which the
making of such repairs shall interfere with the business of Lessee out die premises.Umdt repairs cannot be made with-
in said sixty(d0)days.Lessor,at his option,may make themes within a seasonable time.this lease continuing in effect
with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which
cannot be nude within sixty(60)days,this lease may be terminated at the option of either party. fn the event that the
budding in which the demised premises may be situated is destroyed to an extent of not less than one-third of the
replacement costs thereof,Lessor may elect to terminate this lease whether the demised premises be injured or not. A
total destssimian of the bulldog in which the premises may be situated shall terminate this lease
14.Lessor's Remedies on Default. if Lessee defaults in the payment of rent,or any additional rent,or defaults in
the performance of any of the other covenants or conditions hared,Lessor may give Lessee notice of such default
end if Lessee does not cure any suet;default within days,after the giving of such notice(or if such other
default is of such nature that It cannot be completely cured within such period,If Lessee does not commence such
curing within audh days and thereafter proceed with reasonable diligence and in good faith to cure such
default),then Lemur may terminate this lease on not less than days'notice to Lessee.On
the date specified in such notice the term of this lease shalt terminate,and Lessee shall then quit and surrender the
premises to Lessor,bet Lessee shall remain liable as hereinafter provided. If this lase snail hays been so terminat-
ed by Lessor,Lessor may at any time thereafter resume possession of the premises by any lawful means and remove
Lessee or other and their efietts.No failure to enforce any term shall be deemed a waiver.
IS.Security Deposit.Lessee shalt deposit with Lessor on the signing of this lease the sum of
None Dollars(SNone ) as
security for the performance of Lwce's obligations under this lease,including without limitation the surrender of
possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default
of Lemee.Lessee shall on demand deposit with Lesser the amount so applied so that Lessor shalt have the full deposit
on hand in al times during the term of this lease.
x Increase. le the event there Is any increase daring any year of the term of this lease in the CIS
State real es and above the amount of anch taxes assessed fee the tax term of this
lease eemme:neek whether ref fed rate or va • pry to Lessor upon presentation of
paid tax bills an amount equal to upon the land and building in which the leased
premises are ' that such taxes are assessed fora beyond the term of the tease,
nen of Lessee shall be proportionate to the portion of the lease tam include in btryeer.
noise re the event the demised fees are situated In a s ill center or in■nominee—
dal building is which there are -re a el
18.Attorney's Pees.In case suit should be brought for recovery of the premises,or for any sum due hereunder,or
because of a-sy act which may arise out of the possession of the premises,by either party,the prevailing party shall
be entitled rc all corms incurred in connection with each action,including a reasonable anouney's fee.
19.Waiver,No faits=of Lessor to enforce any tent hereof shall be deemed to be a waiver.
20.Notices.Any notice which tither party may or is required to give,shall be given by mailing die same,postage pre-
paid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by
the parties from time to time.
21.Heirs,Assigns,Successors. This lease is binding upon and mutes to the benefit of the heirs.assigns and suc-
cessors in interest to the parties.
22.Option a Renew. Provided that Lessee is not in default in the performance of this lease.Losses shall have the
option to renew the lease for an additional term of tbd months commencing at Ufa expiration of site initial lease
term. All of the terms amicopditioqs of the lease shall apply dining the renewal tarns except that the monthly rent
shall be the sum of 5 z s3uOillontn .The option shall be exercised by written notice given
to Lessor not less then sixty days prior to the expiration of the initial tease tens.
If notice is not given in the manner provided herein within the time specified,this option shall expire.
23.Subordination.This lease is and shall be subordinated to all existing and future liens and encumbrances against
the property.
24.Radon Gas Distiosur e.As requited by law,(Landlord)(Seller)makes the following disclose="Radon Gas"Is
a naturally waning radioactive gas dim,when it has accumulated in a building in sufficient quantities,may present
health risks tic persons who are exposed to h over time.Levels of radon that exceed federal and state guldelioes have been
found in buildings in to 5 pc .Additional information regarding radon and sedan testing may be obtained
from your county public baits melt.
23.Entire Agreement.The foregoing constitutes the entire agreement between the parties and nrry be modified only
by a writing signed by bosh parties. The following Exhibits,If any,have been made a part of this lease before the
parties'execution hereof
Sl at this y November. 2024
•
Dy Sr Street Lessor By: _Lessee