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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: ___/. O.
Ordinance No. 24-O-0007 — Lease with Community High
School District 94 — Parking Lot FILE NUMBER:
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: 3/18/2024
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
The current Agreement with D94 ends in 2029. Last fall, District staff indicated that it wants to make
some security improvements, at its cost, which is acceptable to staff and in line with the IGA. A follow up
question showed concern about making that investment, and then the City not extending the Agreement
upon its termination.
The attached new lease extends the term, allows for public use of the parking lot once the Community
Park is done, and requires the District, with one year’s notice, to change its signage and other documents
to no longer refer to the lot as the Kerr McGee lot.
STAFF RECOMMENDATION:
Staff recommends adoption of Ordinance No. 24-O-0007.
COMMITTEE RECOMMENDATION:
This item did not go to Committee.

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ORDINANCE NO. 24-0-0007
AN ORDINANCE AUTHORIZING THE LEASE OF CITY PROPERTY TO
WEST CHICAGO COMMUNITY HIGH SCHOOL DISTRICT 94
FOR PARKING LOT PURPOSES
WHEREAS, the City of West Chicago (the “City”) is an Illinois home rule municipality
and unit of local government; and
WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970,
provides that municipalities of more than twenty-five thousand (25,000) in population are home
rule units and, subject to the specific limitations of Illinois law, may exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970,
authorizes and encourages units of local government and school districts to enter contracts to
obtain or share services and to exercise, combine, or transfer any power or function, in any
manner not prohibited by law or by ordinance; and
WHEREAS, accordingly, the City has the authority, among other things, to lease its
property to other units of local government and/or school districts in the spirit of
intergovernmental cooperation; and
WHEREAS, the City has previously leased its property to West Chicago Community
High School District 94 (“District 94”) for District 94’s use of City property for a parking lot in
connection with the educational services provided by District 94; and
WHEREAS, the City and District 94 desire to enter into a new lease agreement for the
same purpose; and
WHEREAS, the City finds it is in the best interests of the City and the residents to enter
into a new lease agreement with District 94, which agreement is attached hereto and incorporated
herein by reference as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, County of DuPage, Illinois, as follows:
SECTION 1: The City hereby approves of the lease agreement between the City and
District 94, which agreement is attached hereto and incorporated herein by reference as Exhibit
A.
SECTION 2: The Mayor is authorized to execute the lease agreement attached as
Exhibit A and City Staff are authorized to take any and all actions to effectuate the lease
agreement.

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SECTION 3: All ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance, to the extent of such conflict, are expressly repealed.
SECTION 4: If any portion of this Ordinance is ruled or held to be unenforceable or
invalid for any reason, the enforceability thereof shall not affect the remainder of the Ordinance,
and the remainder of the Ordinance shall be construed as if not containing the particular
provision and shall continue in full force, effect and enforceability.
SECTION 5: This Ordinance shall control over any State law, which does not expressly
limit the home rule authority of the City.
SECTION 6: This Ordinance shall be in full force and effect from and after its adoption,
approval and publication in pamphlet form as provided by law.
PASSED THIS 18" day of March, 2024.
Alderman D. Beebe Alderman L. Chassee
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman C. Dettmann
Alderman M. Birch-Ferguson Alderman S. Dimas
Alderman C. Swiatek Alderman J. Smith
Alderman J. Short Alderman R. Stout
Alderman J. Morano Ward 7 Alderman Vacant
APPROVED as to form:
Patrick K. Bond, City Attorney
APPROVED this 18" day of March, 2024.
Ruben Pineda, Mayor
ATTEST:
Valeria Perez, Executive Office Manager
PUBLISHED:

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A LEASE AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND
COMMUNITY HIGH SCHOOL DISTRICT 94 FOR THE LEASE
OF CERTAIN REAL PROPERTY
THIS LEASE AGREEMENT is made and entered into by and between the CITY OF
WEST CHICAGO, a home rule unit of local government, body corporate and _ politic,
(hereinafter the “City”) and COMMUNITY HIGH SCHOOL DISTRICT 94, an Illinois school
district, (hereinafter “District 94”).
WITNESSETH:
WHEREAS, the City is the owner of certain real property legally described on Exhibit
“A” attached hereto and incorporated herein (hereinafter the “Property”); and
WHEREAS, the City and District 94 are parties to an existing lease agreement for
District 94’s parking lot use and maintenance of the Property initially executed in 2009
(hereinafter “existing lease”), subject to a written amendment, which is in current force and
effect; and
WHEREAS, the Parties desire to cancel the existing lease and enter into a new lease for
District 94’s parking lot use and maintenance of the Property, so as to provide for some
additional lease provisions and so as to provide for a new lease term; and
WHEREAS, the City has no current need for the use of the Property; and
WHEREAS, District 94 has expressed an interest in continuing to lease the Property for
the public services it offers; and
WHEREAS, the City, in exercise of its home rule and constitutional authority, has
determined that it is reasonable, necessary and in the public interest, welfare and in the spirt of
intergovernmental cooperation to lease the Property to the District 94, subject to the terms and
conditions set forth herein; and
WHEREAS, the City is a unit of local government and District 94 is a school district

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within the meaning of the Illinois Constitution, Article VII, Section 10 as it relates to
intergovernmental cooperation; and
NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set
forth herein, the parties agree as follows:
1.00 INCORPORATION OF PREAMBLES
1.01 Incorporation of Preambles: The preambles set forth above are incorporated
herein and made a part hereof.
2.00 LEASE CANCELLATION AND NEW LEASE GRANTED
2.01 Lease Cancellation: The Parties hereby and voluntarily cancel their existing lease
initially executed in 2009 and any amendment thereto.
2.02 New Lease Granted: The City hereby grants District 94 a new lease to enter
upon, occupy, use, and maintain the Property for District purposes limited to the parking of
vehicles, unless prior written approval is obtained from the City, by a duly approved amendment
to this Agreement.
2.03 Condition of the Property: District 94 acknowledges that it has inspected the
Property, that it knows the condition thereof, and that it accepts the same in "AS IS" condition.
District 94 further acknowledges that the City has made no representations or warranties
concerning the condition of the Property.
2.04 Lease Term: This Agreement shall be for a term of twenty (20) years
commencing on March 1, 2024, and ending on February 29, 2044.
2.05 Payment: District 94 shall not be obligated to pay the City any amount for the
Lease and use of the Property, it being understood and acknowledged between the Parties that
the District 94’s commitment to assume all responsibility for the Property, including, but not

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limited to, all maintenance, repairs and improvements, serves as compensation to the City.
2.06 Transfers: District 94 shall not enter into any sublease or license agreement
concerning the Property or in any other manner permit the Property to be utilized by any
individual, group, association, corporation, not-for-profit organization or other entity without the
written consent of the City. Additionally, District 94 shall not in any other manner sell, assign,
or otherwise transfer its interest under this Agreement without the written consent of the City.
3.00 DISTRICT 94 RESPONSIBILITIES
3.01 Schedule of Hours: District 94 shall provide the City with a schedule of the
District’s normal operation hours for the Property and of any special events that are to be held on
the Property which are outside the normal operation hours. District 94 shall provide the City
written notice of any changes in the aforementioned schedule.
3.02 Compliance With Laws: In operating the Property for the purpose specified
herein, District 94 shall comply with all applicable federal, state and local laws, rules and
regulations, and with all City ordinances, rules and regulations now in force or hereafter enacted.
3.03 Disorderly Persons: District 94 shall not allow any disorderly person to remain
on the Property and shall promptly notify the police to assist in the removal of disorderly persons
if necessary.
3.04 Illegal Activities: District 94 shall not permit any illegal activity to be conducted
upon the Property.
3.05 Maintenance and Repairs: It is the intent of this Agreement that District 94 shall
be solely responsible for performing all restoration, maintenance, repairs, improvements and
other work to the Property that are necessary and desirable for the use, operation and safety of
the Property for the purpose specified in Section 2.01, all at no cost or expense to the City.

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District 94 shall be responsible for maintaining the Property in a clean, safe and sanitary
condition and for performing all maintenance and repairs, including, but not limited to (1)
pavement maintenance including pothole repair, striping, seal-coating, curb and pavement
restoration as necessary; (2) daily emptying of trash bins (Monday through Friday) and after
special events on weekends; (3) mowing of grass and weeds on a regular basis; (4) maintenance
of deciduous trees, evergreen trees, and shrubs on property, including but not limited to
trimming/pruning and replacement as necessary; (5) maintenance of wood fence along the
northeast property line; (6) maintenance and repair of the parking lot lights; (7) installation of
security cameras and other parking lot security related improvements. District 94 shall not
permit any debris, refuse, offensive matter, or any material or substance constituting a health or
fire hazard to remain or accumulate on the Property. In addition, District 94 shall perform all
snow and ice removal and all maintenance of the grounds.
3.06 Utility and Service Charges: District 94 shall be responsible for providing and
paying for all utility services to the Property, if any, including charges for any applicable utilities
such as electric, and refuse removal. All applicable utility services have been_transferred from
the name of the City into the name of District 94. District 94 waives any and all claims against
the City for compensation for loss or damage caused by any defect, deficiency or impairment in
any utility, water supply, drainage, waste, well, septic system, heating or gas system, or in any
electrical apparatus or wire serving the Property.
3.07 Safety: District 94 shall be solely responsible for the safety of all persons
working on or utilizing the Property and for ensuring that the Property is maintained at all times
in a reasonably safe condition. In this regard, District 94 shall promptly correct any unsafe
condition or practice existing on the Property and shall make reasonable efforts to obtain

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emergency medical care for any person requiring such care as a result of illness or injury
occurring on the Property.
3.08 Public Use of Parking Lot: Once the community park adjacent to the parking lot
becomes available for public use, District 94 shall allow public use of the parking lot for access
to the community park. Reference to the parking lot as “Kerr-McGee” on all directional signs
shall be discontinued and changed to a name as designated by the City, upon twelve (12) months
written notice from the City to District 94.
4.00 CITY RIGHTS
4.01 Right of Entry: The City may enter upon the Property at any and all reasonable
times for the purpose of determining whether the District 94 is complying with the terms and
conditions of this Agreement, and for any other purpose incidental to the rights of the City under
this Agreement.
5.00 RAILROAD DAYS
5.01 Maintenance, Repairs, and Supervision: District 94 shall not be responsible for
the maintenance-or supervision of the parking lot described in Exhibit A during the time period
of the annual Railroad Days event occurring in the month of July (the “Railroad Days Event”), or
for repairs attributable to the time period of the Railroad Days Event. Such maintenance,
supervision, and repairs shall be the responsibility of the City, including but not limited to any
required refuse removal.
5.02 Hold Harmless and Indemnification: The City shall defend, indemnify and hold
harmless District 94, its elected officials, officers, agents, and employees, from and against all
liabilities, judgments, settlements, damages, losses, claims, demands and actions of any nature,
including costs of suit and reasonable expert witness and attorney fees, that may at any time arise

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or be claimed by any person, entity or governmental agency, as a result of bodily injury,
sickness, death or property damage or as a result of any other claim or suit of any nature
whatsoever arising out of or in any manner connected with, directly or indirectly, the use of the
parking lot during the Railroad Days Event.
6.00 HOLD HARMLESS AND INDEMNIFICATION BY DISTRICT 94
6.01 Hold Harmless and Indemnification by District 94: Pursuant to the authority
conferred by Article VII of the Local Governmental and Governmental Employees Tort
Immunity Act, 745 ILCS 10/7-101 through 10/7-103, District 94 shall defend, indemnify and
hold harmless the City, its elected officials, officers, agents, and employees, from and against all
liabilities, judgments, settlements, damages, losses, claims, demands and actions of any nature,
including costs of suit and reasonable expert witness and attorney fees, that may at any time arise
or be claimed by any person, entity or governmental agency, including the elected officials,
officers, agents, and employees of the City, as a result of bodily injury, sickness, death or
property damage or as a result of any other claim or suit of any nature whatsoever arising out of
or in any manner connected with, directly or indirectly, District 94’s rights, responsibilities or
actions under this Agreement, or the condition of the Property or the construction of any |
improvements or the maintenance of the Property when caused by an act or omission to act on
the part of District 94, its officers, agents, contractors or employees, that allegedly constitutes,
without limitation, negligence, intentional infliction of harm or a violation of any federal, state or
local law, rule or regulation.
6.02 Independent Contractor Insurance and Indemnification: If any work not involving
an emergency or routine maintenance is performed by an independent contractor on the Property,

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District 94 shall, prior to letting the work for bid or prior to the commencement of such work,
whichever is earlier, notify the City in writing of the nature of the work and obtain from the
independent contractor such insurance coverages and indemnification as the City deems
reasonably necessary for its protection.
6.03 Foreclosure: District 94 shall defend, indemnify and hold harmless the City from
all damages, suits, liabilities, costs and expenses, in law or equity, including reasonable attorney
fees, arising from any action brought by any mechanic, laborer or materialman in an action for
foreclosure of mechanic’s liens filed upon the Property as a result of the performance of labor or
provision of materials thereon at the request of District 94. In the event a judgment or settlement
is rendered in favor of the claimant in any such action, District 94 shall promptly obtain full
satisfaction thereof through payment of all sums due thereon.
7.00 DESTRUCTION OF THE PROPERTY
7.01 Election by District 94: If the Property is totally or partially destroyed by fire,
earthquake, flood, storms, war, insurrection, riot, public disorder or any other cause or casualty
so as to prevent the District 94 from utilizing the Property for the purposes specified in Section
2.01, the District 94 may, at its option, terminate this Agreement. If District 94 desires to restore
the Property, this Agreement shall continue in full force and effect. The City shall not be
responsible for any restoration or repair costs whatsoever resulting from the total or partial
destruction of any portion of the Property.
8.00 INSURANCE
8.01 General Requirements: Except as otherwise provided in Section 7.04, District 94
shall procure, maintain and keep in force for the term of this Agreement policies of property,

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liability and workers' compensation and employer’s liability insurance. Such policies shall be
issued by companies authorized to do business in the State of Illinois and approved by the City.
The policies to be provided and maintained by the District 94 are as follows:
(a)
Commercial general liability insurance with limits of not less than $1,000,000 per
occurrence bodily injury/property damage combined single limit; $2,000,000
aggregate bodily injury/property damage combined single limit. The policy of
commercial general liability insurance shall provide coverage for all liability for
bodily injury, sickness, death and property damage arising from activities
conducted on the Property and shall include coverage for contractual liability for
the obligations assumed by District 94. The commercial general liability insurance
shall include an endorsement naming the City as an additional insured.
(b) Commercial automobile liability insurance with limits of not less than $1,000,000
(c)
per accident bodily injury/property damage combined single limit covering District
94’s owned, non-owned and rented vehicles.
Umbrella/Excess liability insurance with limits of not less than $1,000,000 per
occurrence bodily injury/property damage combined single limit. The
Umbrella/Excess insurance shall provide coverage in excess of the insurance
specified in subsections (a) and (b) above and shall either include an endorsement
naming the City as an additional insured or provide “following form” coverage.
(d) Workers' compensation and employer’s liability insurance, including coverage for
occupational diseases, covering all of District 94 employees who perform work on
the Property. Limits for workers’ compensation shall be those required under the

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applicable workers' compensation statutes for the State of Illinois. Limits for the
employer’s liability coverage shall be not less than $500,000 each accident/injury;
$500,000 each employee/disease $500,000 policy limit.
The limits specified above shall apply during the term of this Agreement.
8.02 Evidence of Insurance: District 94 shall furnish to the City two copies of a
Certificate of Insurance for each of the coverages specified in Section 7.01. In addition, when
requested, District 94 shall furnish copies of the actual policies and endorsements showing the
coverages enumerated herein to be provided by District 94. All such certificates and policies
shall provide that no change, modification, or cancellation of any insurance shall become
effective until the expiration of 30 days after written notice thereof shall have been given by the
insurance company or companies to the City.
8.03 Operation of the Property: Operation of the Property shall be suspended during
any period that District 94 fails to comply with the aforementioned insurance requirements or
fails to maintain said policies in full force and effect. Additionally, in the case of District 94’s
failure to maintain the required insurance coverages, the City may, at its discretion, either
terminate this Agreement or procure such insurance and pay all premiums in connection
therewith, and may thereafter charge said premiums to District 94. District 94 shall pay the bill
submitted by the City within 10 days of service thereof as provided for in Section 15.01.
8.04 Risk Management Pool: District 94’s participation in a risk management pool
which provides coverage in the amounts specified in Section 7.01 (or the amounts which may be
established annually by the City) shall constitute an acceptable substitute for the insurance
coverages herein, provided that the District 94 furnishes written evidence of its participation.

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9.00 DISCRIMINATION PROHIBITED
9.01 Equal Opportunity: In operating the Property, District 94 shall comply with the
provisions of the Illinois Human Rights Act, 775 ILCS 5/1-01 et seq., and with all rules and
regulations established or enacted by the Illinois Department of Human Rights. District 94
further agrees that it will not deny employment to any person or refuse to enter into any contract
for the performance of any work or service of any kind by, for or on its behalf with respect to the
operation of the Property on the grounds of unlawful discrimination as defined in the Illinois
Human Rights Act.
9.02 ADA Compliance: In operating the Property, District 94 shall comply with all
applicable provisions of the American with Disabilities Act, and the rules and regulations related
thereto. District 94 shall be responsible for ensuring structural compliance with the Americans
with Disabilities Act.
10.00 TERMINATION
10.01 For Cause: The City shall have the right to terminate this Agreement for cause if
District 94 fails to comply with any provision in Section 11.00. In the event of a default, District
94 shall have 30 days following the effective date of service of the City’s notice of default within
which to cure the violation. If District 94 fails to cure the default to the City’s satisfaction within
said 30-day period, this Agreement shall automatically terminate, and the City shall have the
right to reenter the Property without notice or process of law and take possession thereof,
including any improvements constructed or installed by District 94.
10.02 Waiver: A waiver by the City of any default of one or more of the terms of this
Agreement on the part of District 94 shall not constitute a waiver of any subsequent or other
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default of the same or other term, nor shall the failure on the part of the City to require exact, full
and complete compliance with any of the terms contained herein be construed as changing the
terms of this Agreement or estopping the City from enforcing full compliance with the
provisions herein. No delay, failure or omission of the City to reenter the Property to exercise
any right, power, privilege or option arising from any default shall impair any right, privilege or
option, or be construed as a waiver or acquiescence in such default or as a relinquishment of any
right. No option, right, power, remedy or privilege of the City shall be construed as being
exhausted by the exercise thereof in one or more instances. The rights, power, privileges and
remedies given the City under this Agreement and by law shall be cumulative.
10.03 Right of District 94 to Terminate Without Cause. District 94 shall have the right
to terminate this Agreement without cause upon 180 days’ prior written notice to the City.
10.04 Guarantee of Rights: Action by either Party to effectuate a termination, and in the
case of the City, forfeiture of possession, shall be without prejudice to the exercise of any other
rights provided herein or by law to remedy a breach of this Agreement.
11.00 EVENTS OF DEFAULT
11.01 Abandonment: The unauthorized abandonment or vacation of the Property by
District 94 for more than 30 days in any 45-day period during the period of scheduled operations.
11.02 Failure to Maintain: The failure on the part of District 94 to maintain the Property
in a clean, sanitary and safe state of repair where such condition continues for more than 30 days
after written notice from the City’s City Administrator specifying the violation.
11.03 Discrimination: A determination by the appropriate state or federal regulatory
agency that District 94 has engaged in unlawful discrimination in violation of state or federal
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laws and where action to correct or mitigate the violation is not promptly taken. Such corrective
or mitigation action shall be suitable to the regulatory agency making a finding of discrimination.
11.04 Failure to Perform: The failure of District 94 to keep, perform and observe all
other promises, covenants and conditions set forth in this Agreement.
12.00 SURRENDER
12.01 Vacation of Property: If either (a) this Agreement is terminated by the City for
cause due to a default on the part of District 94 as specified in Section 10.00; or (b) the term is at
an end, District 94 shall promptly vacate the Property.
13.00 INTERPRETATION
13.01 Headings: The headings herein contained are for convenience and reference only
and are not intended to limit the scope of any section.
14.00 ENFORCEMENT
14.01 Responsibility: The City’s City Administrator shall be responsible for the
enforcement of this Agreement on behalf of the City and shall be assisted therein by such
officers and employees of the City as the City Administrator deems necessary. District 94’s
Superintendent shall be responsible for the enforcement of this Agreement on behalf of the
District 94 and shall be assisted therein by such officers and employees of the District 94 as the
Superintendent deems necessary.
15.00 ATTORNEY FEES AND COSTS
15.01 Recovery of Costs: In the event either Party is required to institute any proceeding
or action, whether at law or in equity, to enforce any provision of this Agreement, the Prevailing
Party in such event shall be entitled to recover all of its costs and expenses incurred in
connection with said proceeding or action, including, but not limited to, reasonable expert
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witness and attorney fees.
16.00 NOTICES
16.01 Requirements: All notices required to be given under the terms of this Agreement
shall be in writing and either (a) served personally during regular business hours; (b) served by
facsimile transmission during regular business hours; or (c) served by certified or registered mail,
return receipt requested, properly addressed with postage prepaid. Notices served upon the City
shall be directed to the City Administrator, City of West Chicago, 475 Main Street, West
Chicago, IL 60185. Notices served upon the District 94 shall be directed to the Superintendent,
Community High School District 94, 326 Joliet Street, West Chicago, IL 60185. Notices served
personally or by facsimile transmission shall be effective upon receipt, and notices served by
mail shall be effective upon receipt as verified by the United States Postal Service. Each party
may designate a new location for service of notices by serving notice thereof in accordance with
the requirements of this section.
17.00 ENTIRE AGREEMENT
17.01 Integration: The provisions set forth herein constitute the entire agreement
between the Parties for the leasing of the Property and supercede any prior representations,
promises or agreements, whether oral or written, as it is the intention of the parties to provide for
a complete integration within the terms of this Agreement.
17.02 Modifications; This Agreement may be modified only by further written
agreement specifically referring to this section. Any such modification shall not be effective
unless duly approved by the corporate authorities of each Party.
17.03 Execution: This Agreement shall be executed in duplicate, and each party shall
retain a fully executed copy, each of which shall be deemed an original.
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IN WITNESS WHEREOF, the parties have entered into this Lease Agreement as of the
day of , 2024.
CITY OF WEST CHICAGO COMMUNITY HIGH SCHOOL DISTRICT 94
475 Main Street 326 Joliet Street
West Chicago, IL 60185 West Chicago, IL 60185
(630) 231-0523 (630) 876-6210
By: By:
Mayor Ruben Pineda
Attest: Attest:
14