R2024-234 Resolution Authorizing Lease and Maintenance Agreement between The City of Decatur and Decatur Park District - Lake Decatur Marina

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EXHIBIT A LEASE AND MAINTENANCE AGREEMENT THIS LEASE AND MAINTENANCE AGREEMENT("Agreement")is entered into this day of ,2024,by and between the Decatur Park District,a unit of local government,(the"District"),and the City of Decatur,a municipal corporation(the "91y'),who hereby agree as follows: RECITALS AND REPRESENTATIONS WHEREAS,the District and the City entered into that certain Agreement dated May 24, 1934(the "Original Agreement"attached hereto and marked Exhibit A),for the lease and use of certain property located in Nelson Park adjacent to Lake Decatur,which property is owned by the District; and, WHEREAS,the Original Agreement was revised and amended on May 12, 1938, October 19, 1964, and August 5, 1968 (such revisions and amendments,the"Amendments" attached hereto and marked Ex.B-D); and, WHEREAS,the parties adopt,approve and incorporate the terms of Ex.A-D except as the terms of those agreements are superseded by the terms of this Agreement. NOW,THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties hereto,the parties agree as follows: 1. PREMISES. Subject to the covenants and conditions of this Agreement,the District leases to the City,and the City leases from the District: a. A portion of the building with common address 1001 S. Lake Front Road, Decatur,IL 62521. Specifically,the District leases to the City the entirety of the building located at that address except the area identified as "Store 5"in Exhibit E which,solely for the avoidance of doubt, is highlighted in green on that exhibit(such area,excepting the area identified as"Store5",the"Premises"),together with the right of ingress and egress. Another tenant occupies the area identified as"Store 5"in Exhibit E pursuant to a separate lease agreement with the District. b. The area described in Exhibit 1 and Exhibit 2 of Exhibit D to that certain agreement between the District and the City dated August 5, 1968(the"ParkingArea"). The City's access,use,and enjoyment of the Parking Area shall be non-exclusive,and except during periods when the City is performing its maintenance obligations under this Agreement,the City's use of the Parking Area shall not unreasonably interfere with it use by the District or members of the public. Together,the Premises and the Parking Area shall be referred to herein as the"Leased Area,"