Rock Island Today

The city of Moline Committee of the Whole met Nov. 1 to discuss city goals.

Here are the meeting's minutes, as provided by the committee:.

--- "City of Moline\r\n619 16 Street, Moline – 2nd Floor\r\nCouncil Chambers\r\nCommittee-of-the-Whole

Agenda\r\n6:30 p.m.\r\nTuesday, November 1, 2016\r\nOath of Office\r\nOath of office

for regular commissioned appointment as Police Officer to Benjamin Tuttle effective\r\nOctober

26, 2016 (hire date October 26, 2015).\r\nInformational\r\nSingle Family Rehabilitation

Program Partnerships (K.J. Whitley, Community Development Program\r\nManager)\r\nQuestions

on the Agenda\r\nAgenda Items\r\n1. HGAC Agreement (Dave Mallum, Fleet Manager)\r\n2.

QC Music Guild Lease (Lori Wilson, Parks Recreation Director)\r\n3. Angel of Hope

Agreement (Lori Wilson, Parks Recreation Director)\r\n4. Develop Parking Lot (Ray

Forsythe, Planning & Development Director)\r\n5. Other\r\n6. Public Comment \r\nExplanation\r\n1.

A Resolution authorizing the Mayor and City Clerk to execute an Interlocal Contract

for\r\nCooperative Purchasing with Houston-Galveston Area Council (H-GAC). (Dave

Mallum, Fleet\r\nManager.)\r\nExplanation: The Houston-Galveston Area Council (H-GAC)

is a regional council of governments\r\noperating under the laws of the State of

Texas and governed by a board comprised of 35 elected officials\r\nfrom the 13-county

region. The H-GAC Board awards all contracts, which can then be made available to\r\nlocal

governments nationwide, through HGACBuy for equipment products that are utilized

in Public Safety\r\nand Public Works. HGACBuy is a self-funded “enterprise fund”

government agency, self-supported\r\nthrough an administrative fee assessed to the

contractor as an “order processing charge” (administrative\r\nfee). The City will

have access to volume purchasing and discounts at a very competitive cost by entering\r\ninto

the Interlocal Contract for Cooperative Purchasing with Houston-Galveston Area Council

(H-GAC).\r\nAdditional documentation attached.\r\nStaff Recommendation: Approval\r\nFiscal

Impact: Access to volume purchasing and discounts for equipment/products.\r\nPublic

Notice/Recording: N/A\r\nGoals Impacted: Financially Strong City & A Great Place

to Live\r\n\r\n2. A Special Ordinance authorizing the Mayor and City Clerk to execute

a Lease Agreement with\r\nthe Quad City Music Guild. (Lori Wilson, Parks Recreation

Director)\r\nExplanation: The Moline Park and Recreation Board and the Quad City

Music Guild previously entered\r\ninto a lease agreement dated March 1, 2000, for

a twenty-year term ending April 1, 2020, for premises\r\ndescribed therein. The

parties agreed to review the lease in 2016 upon the request of the Guild’s current\r\nPresident,

he would like the Guild to enter into a new twenty-year lease before he steps down

from office.\r\nThe new lease would be effective January 1, 2017, and it would terminate

and replace the current lease. The\r\nPark and Recreation Board recommends approval

of the new lease. Additional documentation attached.\r\nStaff Recommendation: Approval\r\nFiscal

Impact: City of Moline will receive $450.00 per year for the lease term.\r\nPublic

Notice/Recording: N/A\r\nGoals Impacted: Strong Local Economy, A Great Place to

Live\r\n3. A Special Ordinance authorizing the Mayor and City Clerk to execute an

Agreement with the\r\nCompassionate Friends of the Quad Cities. (Lori Wilson, Parks

Recreation Director)\r\nExplanation: The Compassionate Friends of the Quad Cities

are donating a bronze statue, “The Angel of\r\nHope,” and memorial garden to Moline

Memorial Park, Section 10. The plans and landscape drawings were\r\npreviously approved

by Park Board. The statue is ready to be placed upon approval of the agreement.\r\nAdditional

documentation attached.\r\nStaff Recommendation: Approval\r\nFiscal Impact: N/A\r\nPublic

Notice/Recording: N/A\r\nGoals Impacted: Upgrade City Infrastructure & Facilities,

A Great Place to Live \r\n4. A Resolution authorizing the concept of a redevelopment

project of the Parking Lot I located\r\nat 1300 6th Avenue, Moline, Illinois; and

affirming the intent of the City to enter into a\r\npurchase agreement and a development

agreement for said project; and authorizing City staff\r\nto negotiate a purchase

agreement and a development agreement exclusively with The\r\nLandmark Properties,

LC for a term of 180 days, which agreements shall be subject to further\r\nreview

and approval by the City Council. (Ray Forsythe, Planning & Development Director)\r\nExplanation:

The City and The Landmark Properties, LC (Developer) have a mutual desire to develop\r\nthe

Parking Lot I located at 1300 6th Avenue (Property), currently owned by the City.

Developer has\r\nsubmitted a formal offer to purchase the Property and has already

purchased the adjacent property. The\r\nDeveloper is planning to demolish the home

on the adjacent property to explore the concept of apartments\r\nor townhomes on

the block. The City is seeking a 180 day period of exclusive rights to explore the

option to\r\nsell the Property. This time would allow Developer to complete due

diligence on the site as well render a\r\nfinal development proposal. The Developer

and City Administration will work to provide updates to the\r\nCity Council regarding

the research on the feasibility of the development in order to facilitate the due\r\ndiligence

and lessen the needed time to perform the decision and negotiation process. Additional\r\ndocumentation

attached.\r\nStaff Recommendation: Approval\r\nFiscal Impact: N/A\r\nPublic Notice/Recording:

N/A\r\nGoals Impacted: A Great Place to Live \r\nffgflw INTERLOCALCONTRACT\r\nFOR

COOPERATIVE PURCHASING\r\nlLC\r\nNo.: _____ _\r\nI PcnRllll:nl NutOOcr assigned

by II·GAr\r\nJIS INTERLOCAL CONTRACT (\"Contract\"). made and cntcred into pursuant

to the Texas Intcrlocal Cooperation Act. Chapter\r\n7~1. Texas Government Code (the

\"Act\"). by and between the Houston-Galveston Area Council, hereinafte~ referred

.to as uH-GAC:'\r\nhalving its principal place of business at 3555 Timmons Lane.

Suite 120, Houston. Texas 77027. and * City of Moline\r\nI , a local government,

a state agency. or a non-profit corporation\r\nc~.'! ated and operated to provide

one or more governmental functions and services, hereinafter referred to as \"End

User:' having it~\r\nprr-ciPal place of business at * 619 - 16th Street, Moline,

Illinois 61265.\r\nI WITNESSETH I\r\ni \\\\fH EREAS. H-GAC is a regional planning

commission and political subdivision of the Stale of Texas operating under Chapter

391.\r\nTetxas Local Government Code; and\r\n\\~HEREAS, pursuant to tbe Act, H-GAC

is authorized to contract with eligible entities to pcrfonn govenunental functions

and\r\nser.ices, including the purchase of goods and services; and\r\n\\\\fHEREAS,

in reliance on such authority. H-GAC has instituted a cooperative purchasing program

under which it contrclcL~ with\r\nelIgible entities under the Act; and !\r\nWHEREAS,

End User has represented that it is an eligible entity under the Act, that it\"

governing body has authorized, this Contract on\r\n* ! (Date). and that it desires

to contract with H-GAC on the tenus set forth below; I\r\nNP\\V, THEREFORE, H-GAC

and the End User do hereby agree as follows:\r\n1\r\nARTICLE 1: LEGAL AUTHORITY\r\n1)e

End User represents and warrants to H-GAC that (1) it is eligible to contract with

H-GAC under the Act because it is one of the\r\nfoilowing: a local government, as

defined in the Act (a county. a municipality. a special district. or other political

subdivision of the\r\nSfute of Texas or any other state), or a combination of two

or more of those entities. a state agency (an agency of the State of Texas as\r\ndttfined

in Section 771.002 of the Texas Govenunent Code, or a similar agency of another

state). or a non-profit corporation created\r\nand operated to provide one or more

governmental functions and services. and (2) it possesses adequate legal authority

to enter into this\r\ncrntracl.\r\nARTICLE 2: APPLICABLE LA \\VS\r\nHr~AC and the

End User agree to conduct all activities under this Contract in accordance with

all applicable rules. regulations. and\r\noJ!dinances and laws in effect or promulgated

during the tenn of this Contract. r\r\nI\r\nARTICLE 3: \\VHOLE AGREE~I ENT\r\nThis

Contract and any attachment\", as provided herein. constitute the complete contract

between the panies hereto. and supersede any\r\nalrd all oral and written agreement.;

be~\\'een the parties relating to matters herein.\r\nAUTICLE 4: PERFOR1\\'IANCE

PERIOI)\r\nT~e period of this Contract shall be for the balance orthe fiscal year

of the End User. \\vhich began * January 1,2016 and\r\ne1lds * December 31, 2016

. This Contract shall thereafter automatically be renewed annually for each succeeding

fiscal year.\r\np~oYided that such renewal shall not have the effect of extending

the period in which the End User may make any payment due an HG~C\r\ncontractor

beyond the fiscal year in which such obligalion was incurred under this Contmct.\r\nI\r\nI\r\nARTICLE

5: SCOPE OF SERVICES\r\nThe End User appoints H-GAC its tnte and lawful purchasing

agent lor the purchase of cenain products and services through the 1-1-\r\nGAC Cooperative

Purchasing Program. End User will access the Program through IIGACBuv.com and by

submission of any duly\r\nexecutcd purchase order, in thc fonn prescribed by J-1-GAC

to a contractor having a valid contract with H-GAC. All purchases\r\nh l reunder

shall be in accordance with specifications and contract tenus and pricing established

by H-GAC. Ownership (title) to\r\np oducts purchased through H-GAC shall transfer

directly from the contmctor to the End User.\r\n(m'er) \r\nARTICLE 6; PAYMENTS\r\nH-GAC

will confinn each order and issue notice to contrac,or to proceed. Upon delivery

of goods or services purchased. and\r\npresentation ofa properly documented invoice,

the End User shall promptly, and in any case within thirty (30) days, pay H-GAC's\r\ncontractor

the full amount of the invoice. All payments for goods or services will be made

from current revenues available to the paying\r\nparty. In no event shall H~GAC

have any financial liability to the End User for any goods or services End User

procures from an H~\r\nGAC contractor.\r\nARTICLE 7: CHANGES AND AMENDMENTS\r\nThis

Conb'act may be amended only by a written amendment executed by both parties, except

that any alterations, additions. or\r\ndeletions to the tenns of this Contract which

are required by changes in Federal and State law or regulations are automatically\r\nincorporated

into this Contract without written amendment hereto and shall become effective on

the date designa,ed by such law or\r\nregulation.\r\nH-GAC reserves the right to

make changes in the scope of products and services offered through the H-GAC Cooperative

Purchasing\r\nProgram to be performed hereunder.\r\nARTICLE 8: TERMINATION PROCEDURES\r\nH·GAC

or the End User may cancel this Contract at any time upon thirty (30) days written

notice by certified mail to the other party to\r\nthis Contract The obligations

of the End User. including its obligation to pay H-OAC's contractor for all costs

incurred under this\r\nContract prior to such notice shall survive such cancellation,

as well as any other obligation incurred under this Contract, until\r\nperfonned

or discharged by abe End User.\r\nARTICLE 9; SEVERABILITY\r\nAll parties agree that

should any provision oflhis Conb'8ct be determined to be invalid or unenforceable.

such determination shall not\r\naffect any other tem of this Contract, which shall

continue in full force and effect.\r\nARTICLE to; FORCE MAJEURE\r\nTo the extent

that either party to this Contract shall be wholly or partially prevented from the

perfonnance within the tenn specified of\r\nany obligation or duty placed on such

party by reason of or through strikes. stoppage oflabor, riot, fire, Oood, acts

of war, insum:c:tion,\r\naccident, order of any count act of God, or specific cause

reasonably beyond the party's control and not attributable to its neglect or\r\nnonfeasance,

in such event, the time for the perfonnance of such obligation or duty shall be

suspended until such disability to perfonn is\r\nremoved; provided, however, force

majeure shall not excuse an obligation solely to pay funds. Detennination of force

majeure shaJl\r\nrest solely with H-GAC.\r\nARTICLE 11; VENUE\r\nDisputes between

procuring party and Vendor are to be resolved in accord with the law and venue rules

of the State of purchase.\r\nTHIS INSTRUMENT HAS BEEN EXECUTED L~ TWO ORIGINALS

BY THE PARTIES HERETO AS FOLLOWS:\r\n* City of Moline Houston-Galveston Area Council\r\nSame

of End User (local gOl'f!mmenl. agency. or non·profit corpora/ionJ lSSS Timmons

Lane. Suite 120. Houston. TX 77027\r\n* 619 16th Street\r\n8y: _________________

_\r\nMililing Address Executive Director\r\n* Moline,IL 61265\r\nCit)' Slale ZIP

Code\r\nAttest: _________________ _\r\nManager\r\n*By:\r\nSignature of chief elected

or appointed official\r\nOnIC: _________________ _\r\n* Scott Raes. Mayor\r\nTyped

Name: \" Title of Signatory Date\r\n• Deno/e.f req\"ired fields\r\nn:v.Ol/ll \r\nLEASE

AGREEMENT\r\nTHIS LEASE AGREEMENT made this __ day of , 2016, (hereinafter\r\n\"Lease\"

or \"Agreement\") by and between the City of Moline, Illinois, a municipal corporation,

as\r\nLessor, with the approval and consent of the Moline Park and Recreation Board,

(hereinafter\r\n\"Lessor\") and the Quad City Music Guild, an Illinois not-for profit

corporation, as Lessee (hereinafter\r\n\"Lessee\") (hereinafter collectively \"Parties\").\r\nWHEREAS,

the Moline Park and Recreation Board and the Quad City Music Guild previously\r\nentered

into a lease agreement dated March 1, 2000;\r\nWHEREAS, the term of the March 1,

2000 lease agreement expires April 1, 2020;\r\nWHEREAS, the Parties mutually desired

to review the lease during 2016; and\r\nWHEREAS, the Parties agree to make certain

changes to the lease and enter into a new lease\r\neffective January 1,2017, which

will replace their current lease agreement.\r\nNOW THEREFORE, for and in consideration

of the rent hereinafter specified to be paid by\r\nLessee, and the covenants and

agreements hereinafter contained, by the Lessee to be kept and\r\nperformed, Lessor

does hereby demise, lease, and let unto said Lessee those certain Premises in the\r\nCity

of Moline, County of Rock Island, State of Illinois, as hereinafter set forth, subject

to all such\r\nconditions, promises and agreements incorporated herein.\r\nSection

1: TERM\r\n(a) Primary: The term of this Lease shall be twenty (20) years, commencing

on the first (151) day\r\nof January, 2017, and terminating on the last (31 51)

day of December, 2036.\r\n(b) Renewal: Lessee shall have an option to renew this

lease for twenty (20) years (\"Renewal\r\nOption\"). To exercise this option, Lessee

must provide, in writing, to the Lessor its notification\r\nofthe renewal by November

1,2036.\r\n( c-)------l'-errnination-of-pri-or-agreement. 0n-the-eornmeneement-date-of-this-bease-as-set-f-orth-abov,P\"e,----\r\nand

only if this lease is fully executed, the Parties hereby mutually agree that the

prior lease\r\nagreement between the Moline Park and Recreation Board and the Quad

City Music Guild\r\ndated March 1, 2000, shall be and hereby is terminated.\r\nSection

2: TERMINATION\r\n(a) FOR CAUSE: In the event of any material breach of this Lease

by the Lessee, the Lessor shall\r\nhave the right to terminate this Lease according

to the terms and conditions of default,\r\nremedies, and notice herein provided.

\r\n(b) WITH NINETY (90) DAYS' NOTICE: Lessee shall have the right to tenninate

this Lease\r\nbefore the end of the primary tenn, and prior to the Renewal Option,

upon giving a ninety (90)\r\nday written notice of such tennination. Such tennination

may be without cause and without\r\nliability.\r\n(c) FOR CHANGE IN CIRCUMSTANCES:

The Lessee and Lessor may review this lease on the\r\nten (10) year anniversary

of its execution and every five (5) years thereafter. During such\r\nreview, the

Parties may negotiate changes in tenns or conditions. Notwithstanding, either party\r\nmay

request a review of the Lease pursuant to a change in circumstance resulting in

a hardship\r\nfor the party seeking review. Any request for review must be submitted

by the party seeking\r\nrelief to the other party, in writing, prior to the last

day of January in a given year. If Lessee\r\nrequests the change, then Lessor, in

its sole discretion, shall detennine whether any change in\r\ncircumstance constitutes

a hardship. Lessor shall notify Lessee, in writing, of its detennination.\r\nIf

Lessor requests the change, then Lessee, in its sole discretion, shall detennine

whether the\r\nchange in circumstance constitutes a hardship. Lessee shall notify

Lessor, in writing, of its\r\ndetennination. Nothing herein shall require or prohibit

the parties from renegotiating the Lease\r\ntenns to alleviate the hardship.\r\nSection

3: RENT\r\nRent payable hereunder shall be Four Hundred and Fifty dollars ($450.00)

per year, payable annually\r\nbeginning January 1, 2017, and payable on January

1 st of each subsequent year.\r\nSection 4: THE PREMISES\r\nThe premises being leased

by Lessor to Lessee is legally described as follows:\r\nParts ofOutlots No.4 and

No.5 in Prospect Park Addition to South Moline, a part of this NE ~ ofSE\r\n~ and

SE ~ of NE ~, Section 8, Township 17 N, Range 1 W of the 4th P.M., Rock Island County,\r\nIllinois,\r\ncommonly

known as Prospect Park Music Guild building and related parking areas immediately\r\nadjacent

to said property, 1584 34th Avenue, Moline, Illinois 61265 (\"Premises\").\r\nSection

5: PURPOSE OF PREMISES; ALLOWED USE\r\nSaid Premises shall be used only for the

following purposes and for no other purpose whatsoever:\r\nconducting cultural activities/services

associated with theatrical perfonnances, training classes,\r\nrehearsals, musical

events, choral presentations and dance perfonnances. Any other uses shall be\r\ndeemed

a material breach of this lease, unless authorized in writing by the Lessor prior

to the actual\r\nuse of the premises in such manner. Lessee shall not allow any

other organizations, clubs, or not-forprofits\r\nto utilize the Premises without

the pennission of the Lessor.\r\n2 \r\nSection 6: ASSIGNMENT, SUBLEASE AND MORTGAGE\r\nLessee

may sublease or assign said premises to other organizations conducting similar or

related\r\nservices to Lessee, as set forth in Section 7; however, any such sublease

must be approved by Lessor in\r\nwriting prior to execution between Lessee and Sub-Lessee.

Sub-Lessee shall provide insurance\r\ncoverage as required by the Lessor, naming

the City of Moline and the Moline Park and Recreation\r\nBoard as additional insured's.

Sub-Lessee shall also adhere and agree to all indemnification paragraphs\r\nidentical

to Lessee's, as set forth in this Lease. Lessee shall provide ten percent (10%)

of all sub-lease\r\nrental fees to Lessor, in addition to Paragraph 5 rental fees.

Lessee assumes responsibility for all\r\nactions of Sub-Lessee. Sub-leasing to organizations

conducting events dissimilar or unrelated to the\r\nservices of Lessee's shall not

be allowed except by specific prior written approval from Lessee.\r\nSection 7:

LESSOR'S DUTY TO MAINTAIN PREMISES\r\n(a) Lessor shall provide lawn maintenance

and garden and shrub maintenance.\r\n(b) The Lessor shall complete snow and ice

removal for the adjacent grounds, walks, and parking\r\nareas.\r\nSection 8: LESSEE'S

DUTIES TO REPAIR AND MAINTAIN PREMISES\r\n(a) It shall be the duty of the Lessee

to maintain the interior and exterior of the building, except for\r\nthe particular

duties of the Lessor stated in Section 9 above.\r\n(b) Lessee represents that it

has inspected and examined the demised Premises, accepts them in\r\ntheir present

condition as-is, and agrees that Lessor shall not be required to make any\r\nimprovements

or repairs whatsoever in or upon the Premises demised or any part thereof.\r\n(c)

Lessee agrees to keep said Premises safe and in good order and condition at all

times during the\r\n. term hereof, and upon expiration of this Lease, or any sooner

termination thereof, Lessee will\r\nquit and surrender possession of said Premises

quietly and peaceably and in as good of an order\r\nand condition as the Premises

were at the commencement hereof; reasonable wear, tear and\r\ndamage by the elements

excepted.\r\n(d) Lessee further agrees to keep and leave said Premises free from

all nuisance and dangerous and\r\ndefective conditions.\r\n(e) Lessee shall at all

times keep the Premises clean and compliant with all municipal ordinances,\r\nrules

and regulations.\r\n(f) Lessee's duty shall extend to maintaining walls, ceilings,

floors, windows, doors and locking\r\nmechanisms, fixtures, seating, plumbing, stage

and work rooms, orchestra pit, exhaust fans,\r\nHV AC systems, ticket areas, concession

area and equipment, stage lighting, security lighting,\r\ninterior drains and sewer

systems, and all other visible or exposed portions of the interior and\r\nexterior.\r\n3

\r\n(g) Lessee, at its sole expense, shall provide janitorial services and replace

all expendable items,\r\nincluding, but not limited to, light bulbs.\r\n(h) If the

building is damaged or destroyed by fire or other Acts of God, neither Lessor nor

Lessee\r\nshall be liable to rebuild any of same and no rebate of the lease payments

shall occur. If the\r\npresent auditorium is damaged or destroyed by actions of

the Lessee, repairs shall be made or a\r\nnew building created Premises to replace

the same by Lessee within five (5) years. A new\r\nbuilding, if any, shall be at

least equivalent to the present building in its present condition.\r\n(i) Lessor

shall, in its sole discretion, have the right to detennine if Lessee is fulfilling

the\r\nrequirements of this section.\r\nSection 9: FIRE, CATASTROPHE, DISASTER INSURANCE\r\n(a)

The Lessor shall insure any buildings or structures by carrying insurance for Fire,

Theft,\r\nVandalism and Extended coverage. Said coverage shall meet the standard

requirements as set\r\nforth by the Moline Park and Recreation Board and/or the

City of Moline.\r\n(b) The Lessee shall have no duty to insure the building itself,

but the Lessee shall insure all\r\nimprovements therein as well as Lessee's possessions

therein. Said coverage shall meet the\r\nstandard requirements as set forth by the

Moline Park and Recreation Board and/or the City of\r\nMoline.\r\n(c) Lessor shall

have NO DUTY to insure Lessee's possessions or to replace same in the event of\r\nfire

or any other damage or loss caused by calamity, disaster, vandalism or theft.\r\nSection

10: LIABILITY INSURANCE AND INDEMNIFICATION BY LESSEE\r\n(a) Lessee shall, throughout

the tenn of this Lease, and at Lessee's expense, carry and keep in full\r\nforce

and effect general liability insurance with respect to its activities on the Premises

with a\r\ncarrier and in a fonn satisfactory to Lessor, which policy or policies

shall:\r\n(i) Have commercial general liability insurance coverage with limits not

less than:\r\n(1) One million dollars ($1,000,000) for bodily injury or death to

each person;\r\n(2) One million dollars ($1,000,000) for property damage resulting

from anyone\r\naccident;\r\n(3) One million dollars ($1,000,000) for all other types

ofliability; and\r\n(4) Two million dollars ($2,000,000) aggregate;\r\n(ii) Name

Lessor as an additional insured party;\r\n(iii) Contain a clause that the insurance

carrier will not cancel or change the insurance\r\nwithout first giving Lessor thirty

(30) days' written notice;\r\n(iv) Contain fire and extended perils insurance covering

Lessee's own property and insuring\r\nLessee's possessions on the Premises; Lessor

shall have no duty to insure Lessee's\r\npossessions, the possessions of Lessee's

guests, invitees or pennitees, or replace same\r\nin the event of a any calamity

or other disaster;\r\n(v) To the extent possible, each such policy of insurance

shall contain a waiver of\r\nsubrogation provision;\r\n4 \r\n(vi) Not extend to

acts or occurrences occumng outside the Premises or which were\r\nunrelated to Lessee's

actions or business.\r\n(b) Lessee agrees to indemnify and hold hannless Lessor,

its agents, employees, assigns or\r\nbeneficiaries from and against any and all

losses, damages, expenses, liabilities, demands and\r\ncauses of action and any

expense, including reasonable attorney fees, incidental to the defense\r\nthereofby

the Lessor due to or arising out of:\r\n(i) Any violation or non-perfonnance of

any covenant, condition or agreement to be\r\nfulfilled, kept or observed and perfonned,

by Lessee;\r\n(ii) Any damage to the property occasioned by Lessee or one of Lessee's

agents or\r\nemployees negligence; and\r\n(iii) Any injury, including death, to

person or persons arising out of or in the course of the\r\nuse and occupancy of

the Premises or any thereof claimed to have been caused by the\r\nnegligence of

Lessee, its officers, agents, or employees, or the officers, agents, or\r\nemployees

of a subcontractor, whether arising directly or indirectly out of the use and\r\noccupancy

of the Premises.\r\n( c) Lessee shall not be liable for, other than for payment

of insurance premiums for policy or\r\npolicies described above, nor shall Lessee

indemnify, defend and hold hannless Lessor, its\r\nagents, employees, assigns, beneficiaries

from any and all loss, damage, expense, liabilities,\r\ndemands or causes of action

and any and all expenses, including reasonable attorney fees,\r\nincidental to the

defense thereof by Lessor, resulting from consequences of a tortuous or\r\nnegligent

act of Lessor or its agents, employees, assigns or beneficiaries.\r\nSection 11:

OBSERVANCE OF LAWS AND CODES\r\nThe Premises shall not be used in any manner where

the use would violate federal law, state law,\r\nmunicipal ordinance, or any rule

or regulation enacted pursuant to any of the above. The Premises\r\nshall not be

used in any way which would increase the insurance coverage rates. Breach of the\r\nconditions

in this Section shall be construed as a material breach of this Lease. Any construction\r\nconnected

with utilities must be granted approval by City inspector and work be completed

by licensed\r\nand bonded contractors. Pennits, if required, must be obtained for

any work to be completed.\r\nSection 12: MECHANICS'LIENS\r\n(a) Lessee agrees not

to make any contract for the construction, repair or improvement on, in, of,\r\nor

to the Premises, or any part thereof, or for any work to be done or materials to

be furnished\r\non or to the Premises, or any part thereof, without providing in

such contract or agreement that\r\nno lien of mechanics or materialism or other

lien shall be created or shall arise against the\r\nabove-described Premises or

improvements at any time located therein. All persons furnishing\r\nany work, labor

or materials, as well as all other persons whatsoever, shall be bound by this\r\nprovision

and notice thereof from and after the date of this Lease, and notice is hereby given\r\nthat

no mechanic's lien, material men's lien or any other lien or encumbrance of any

sort\r\nwhatsoever, made, or obtained against the Lessee, or his interest in said

land and/or the\r\nbuilding or improvements thereon, shall in any manner or degree

effect the title or interest of\r\nthe Lessor in said land and or building or improvements

thereon.\r\n5 \r\n(b) Further, Lessee agrees not to make any contract or agreement,

either oral or written, for any\r\nlabor, services, fixtures, materials or supplies

in connection with altering, repairing or\r\nimproving the Premises without providing

in such contract or agreement that the contractor(s)\r\nwaive all right to a mechanic's

lien, and waive all right of any subcontractor(s) to mechanic's\r\nliens, by reason

of furnishing any labor, services and/or material under such contract(s),\r\nwhether

written or oral.\r\n(c) The parties agree this Agreement or a memorandum thereof

shall be filed in the office of the\r\nRecorder of Deeds of Rock Island County,

Illinois, at Lessor's expense.\r\nSection 13: RIGHTS IN THE EVENT OF FIRE, CALAMITY

OR OTHER\r\nDISASTER\r\nIn the event that the Premises in question is destroyed

or rendered untenantable by calamity, disaster,\r\nor condemnation, the Lessor may

immediately terminate this Lease by serving written notice on\r\nLessee. In lieu

thereof, the Lessor may choose to repair. In the event that it is reasonably estimated\r\nthat

the repairs cannot be accomplished within four (4) months, the Lessee shall have

the right to\r\nterminate the Lease upon delivery of a written notice to the Lessor.

Further, the Lessor shall have the\r\nright to demand that the Lessee advise in

writing within (30) thirty days whether Lessee intends to\r\nterminate Lease under

the terms of this section. Rent shall abate during the time when the Premises is\r\nuntenantable.

If only a portion of the leased Premises becomes untenantable, rent shall abate

only on\r\nthat portion of the Premises.\r\nSection 14: UTILITIES\r\nThe Lessee

shall pay for all utilities used on the Premises, including, but not limited to,

gas, electricity,\r\nwater and sewage, and telephone. Lessee shall also pay costs

associated with exterior perimeter\r\nlighting of the leased area. The failure of

Lessee to pay any such utility shall be construed as a\r\nmaterial breach of this

lease.\r\nSection 15: TAXES\r\nLessee shall pay any and all taxes levied and assessed

upon any personal property, buildings, fixtures\r\nand improvements belonging to

Lessee and located upon said demised Premises, as well as all\r\nleasehold and possessory

interest taxes levied or assessed by any proper taxing authority. Lessee shall\r\nalso

be responsible for and pay all REAL ESTATE TAXES, if any taxes are so assessed and

levied,\r\nagainst the leased Premises. Lessee shall furnish to Lessor proof of

payment within thirty (30) days\r\nafter payment is due for any of the above taxes.

Failure to pay such taxes when due or to provide\r\nLessor with the required proof

of payment within the time specified above shall constitute a material\r\nbreach

of this agreement.\r\nSection 16: OTHER OBLIGATIONS OF LESSEE\r\n6 \r\nLessee further

agrees not to commit or suffer any waste in or upon said Premises, and to comply\r\nstrictly

and literally with any and all rules, regulations and requirements that may be at

any time\r\nimposed by virtue of any policy of insurance or any federal, state,

or municipal law.\r\nSection 17: DEFAULT\r\nIn the event that Lessee shall be in

default of any payment of any rent or in the perfonnance of any\r\ntenns or conditions

herein agreed and to be kept and perfonned by Lessee, Lessor may tenninate and\r\nend

this Lease, notwithstanding any other requirements for tennination, and Lessor may

take the legal\r\naction necessary to re-enter upon said Premises and remove all

persons and property there from.\r\nLessee shall not be entitled to any money paid

hereunder or any part thereof. In the event Lessor\r\nbrings a legal action to enforce

any of the tenns hereof, or to obtain possession of said Premises by\r\nreason of

any default of Lessee, Lessee agrees to pay Lessor all costs of such legal action,

including\r\nreasonable attorney fees.\r\nSection 18: REMEDIES\r\n(a) All rights

and remedies of Lessor herein enumerated shall be cumulative, and shall include

all\r\nother rights or remedies allowed by law or equity.\r\n(b) This lease and

all the rights of Lessee hereunder shall, at the option of the Lessor, cease and\r\ntenninate

upon Lessee being, by any court, adjudged bankrupt, or insolvent, or upon the\r\nappointment

of a receiver, or upon Lessee making any assignment for the benefit of creditors;

it\r\nbeing agreed that such adjudication in bankruptcy or insolvency, or the appointment

of a\r\nreceiver, or assignment for the benefit of creditors shall constitute a

material breach of this\r\nlease and thereupon the Lessor shall be entitled to recover

damages for such breach in an\r\namount equal to the amount of rent reserved in

this lease for the residue of the tenn hereof less\r\nthe fair rental value of the

Premises for the remainder of said tenn.\r\n( c) If the rent above reserved, or

any part thereof, shall be behind or unpaid on the day whereon the\r\nsame ought

to be paid as aforesaid, or if default shall be made in any of the covenants and\r\nagreements

herein contained, to be kept by Lessee, and if said default continues ten (10) days\r\nafter

receipt by Lessee from Lessor of a written notice of said default, it shall be lawful

for\r\nLessor to sue for said overdue rent or for damages due to said default, or

at Lessor's election to\r\ndeclare said tenn ended, and take necessary legal action

for possession of the Premises. In such\r\ncase, or in the case of tennination of

this Lease in any way, the Lessee does hereby covenant\r\nand agree to surrender

and deliver up said above-described Premises, peaceably, to Lessor\r\nimmediately

upon the tennination of said tenn as aforesaid, and if Lessee shall remain in\r\npossession

of the same after default, or after the tennination of this Lease in any of the

ways\r\nabove named, Lessee shall be subject to all the conditions and provisions

above named,\r\nincluding a forcible entry action under state law.\r\n(d) In the

event the Lessee shall fail to pay rent, or otherwise default in any of the covenants

or\r\nagreements of this Lease as above provided, and if said default shall continue

ten (10) days\r\nafter receipt by Lessee from Lessor of a written notice of said

default, such action shall\r\n7 \r\nconstitute a material breach of the Lease and

it shall and may be lawful for the Lessor, in\r\naddition to other remedies herein

provided for, either (1) to re-lease the Premises as an agent of\r\nthe Lessee,

applying all net rent received after necessary expenses to the rent to be paid and

in\r\nthat event Lessee shall remain liable to the Lessor for the excess of rent,

if any, which is due\r\npursuant to this Lease; or (2) to recover damages for such

breach in an amount equal to the\r\namount of the rent reserved for this Lease for

the remainder of the tenn thereof, less a fair\r\nrental value of the Premises for

the remainder of said tenn.\r\n(e) In addition to any other remedies provided hereinabove,

when a breach of a covenant, condition\r\nor agreement constitutes a material breach

by Lessee of the tenns herein, or any of them, the\r\nLessor may elect immediately

to declare the tenn ended and take necessary legal action to evict\r\nthe Lessee

upon written notice of this remedy.\r\n(f) In any action for breach of a covenant,

condition or other obligation contained within this\r\nLease, or to otherwise enforce

the tenns of this Lease, Lessee shall be responsible to Lessor for\r\nany and all

loss, damage, expense, liabilities, including reasonable attorney fees, resulting\r\ndirectly

or indirectly from Lessee's conduct or paid by Lessor to enforce the tenns of this\r\nLease.\r\nSection

19: HOLDING OVER\r\nIn the event that Lessee shall hold over and remain in possession

of the Premises with the consent of\r\nthe Lessor, such holding over shall be deemed

to be from year-to-year only and not an extension of the\r\nLease for a similar

tenn and upon all of the same rents, tenns, covenants and conditions as contained\r\nherein.

Rent during any hold over period shall be Five Hundred and NolIOOths Dollars ($500.00)

per\r\nmonth. Any unpaid rent shall accrue interest at the rate of Eight Percent

(8%) per annum until paid.\r\nSection 20: OTHER AGREEMENTS OF LESSEE\r\n(a) Lessee

agrees, in addition to all the tenns and conditions of the Lease set forth above,

as\r\nfollows:\r\n(i) To pennit Lessor and its agents and employees without limitation

to enter on the\r\nPremises or any part thereof, at all reasonable hours, for purpose

of examining the same\r\nor making such repairs or alterations as may be necessary

for the safety or preservation\r\nthereof;\r\n(ii) That no representation as to

the condition of repair of the Premises has been made by\r\nLessor or its agent,

prior to, or at the execution of, this Lease other than is herein\r\nexpressed or

endorsed hereon, and Lessee relies upon no representations other than\r\nthose set

forth herein in entering into this Lease;\r\n(iii) Lessor shall have a lien on all

of the property of the Lessee used or situated on the\r\ndemised Premises, to secure

payment of the rent (and other indebtedness owing from\r\nLessee to Lessor at any

time during the existence of this lease) to become due under this\r\nlease, and

in default of payment may take possession of and sell such of said property as\r\nmay

be sufficient to pay the delinquent rent or indebtedness;\r\n(iv) Lessor shall have

the right to sell the Premises, provided notice of such contemplated\r\nsale shall

be given in writing to the Lessee at least one hundred eighty (180) days prior\r\n8

\r\nto the time fixed for vacation of the Premises by the Lessee, and provided that

during\r\nsuch period, the Lessee shall have the option to buy the Premises at the

price and on the\r\ntenns of such contemplated sale. In the event of a sale of the

Premises by the Lessor\r\nafter such notice and the failure of the Lessee's option

to purchase, Lessee agrees to\r\nvacate and give possession of the Premises within

one hundred eighty (180) days after\r\nwritten notice of sale, given by Lessor to

Lessee; and\r\n(v) Lessor shall not be liable for injury to Lessee or damage to

Lessee's property from\r\nfailure to keep Premises in repair or from any act, omission

or negligence of Lessee or\r\nother persons.\r\n(b) With regard to subsection (a)

above, detennining whether Lessee's conduct fulfills the\r\nobligations established

by this Agreement shall be in Lessor's sole discretion.\r\nSection 21: FAILURE TO

INSIST ON STRICT PERFORMANCE NOT WAIVER\r\nFailure of the Lessor or Lessee to insist

on the strict perfonnance of the tenn, agreements and\r\nconditions herein contained

or any part of them, whether in whole or in part, shall not constitute or be\r\nconstrued

as a waiver or relinquishment of the Lessor's or Lessee's right thereafter to enforce

any such\r\ntenn, agreement or condition, but the same shall instead continue in

full force and effect.\r\nA waiver of any part of this Agreement shall be limited

to that specific event and shall not be a waiver\r\nof the entire Agreement.\r\nSection

22: LIEN\r\nA lien is hereby reserved upon the interest of Lessee in and to the

Premises hereby leased and the\r\nproperty of Lessee upon said Premises, in favor

of Lessor, prior and preferable to any and all other\r\nliens thereupon whatsoever,

for the whole of the rents to be paid by Lessee aforesaid, including\r\ninstallments

of rent, and all rent and damages due as above provided for a breach of the lease

and said\r\nproperty may be levied upon and sold pursuant to this provision.\r\nSection

23: NOTICE\r\nAll notices required under this Lease shall be deemed to be properly

served if delivered in writing\r\npersonally or sent by certified mail:\r\nTo Lessor:\r\nwith

a copy to:\r\nTo Lessee:\r\nPark and Recreation Board\r\n3635 4th Avenue\r\nMoline,

IL 61265\r\nCity Attorney\r\n619 16th Street\r\nMoline, IL 61265\r\nPresident, Quad

City Music Guild\r\n9 \r\nDate of any notice served by mail shall be the date on

which such notice is deposited, postage prepaid,\r\nin a post office of the United

States Postal Service.\r\nSection 24: APPLICATION TO SUCCESSORS IN INTEREST\r\nAll

the agreements and conditions herein contained shall extend to and be binding on

the\r\nrepresentatives, heirs, executors, administrators, successors and assigns

of the respective parties hereto\r\nas if they were in all cases named herein.\r\nSection

25: NEW CONSTRUCTION, BUILDING IMPROVEMENTS, AND\r\nPARKING LOT CONSTRUCTION\r\nNew

or additional buildings, including modifications, remodeling, and additions to the

present\r\nstructures or parking lot construction may be completed on the Premises,

with the written consent of\r\nLessor, which shall not be unreasonably withheld.

All new construction, building improvements and\r\nparking lot construction costs

shall be paid by the Lessee. All revisions or new construction shall\r\nbecome the

property of the City of Moline upon termination of this lease as renewed or extended.\r\nSection

26: PERSONAL PROPERTY\r\nAll personal property of the Lessee located on said Premises

shall remain the property of Lessee under\r\nits sole and exclusive possession and

control at all times during the period of this Lease and any\r\nextension thereof,

and said property shall remain the property of the Lessee, regardless of the\r\ntermination

of this Lease.\r\nSection 27: ENTIRE AGREEMENT\r\nThis Lease contains the entire

Agreement between Lessor and Lessee, and any Amendments made to\r\nsuch Lease must

be made and approved in writing, signed by both parties.\r\nSection 28: APPLICABLE

LAW\r\nThis Agreement shall be governed by the laws of the State of Illinois, and

the sole and exclusive venue\r\nfor any disputes arising out of this Agreement shall

be any state court located within Rock Island\r\nCounty, Illinois, or federal court

located within the appropriate venue.\r\nSection 29: SEVERABILITY\r\nShould any

part of this Agreement be determined to be illegal, invalid or otherwise unenforceable,

then\r\nall such remaining parts not so affected by such illegality, invalidity

or unenforceability shall continue\r\nin full force and effect, fully binding all

parties, their respective heirs and assigns, as to such remaining\r\nterms.\r\n10

\r\nIN WITNESS THEREOF, the Lessor and Lessee hereunto set their hands and seals

and have caused\r\nthese presents to be signed.\r\nCITY OF MOLINE, ILLINOIS\r\n(LESSOR)\r\nBy:

________________________ ___\r\nScott Raes, Mayor\r\nBy: ________________________

___\r\nDon Welvaert, President\r\nParks and Recreation Board\r\nATTEST:\r\nTracy

A. Koranda, City Clerk\r\nDATE: __________________ _\r\nApproved as to Form:\r\nCity

Attorney\r\nPrepared by:\r\nCity of Moline\r\n619 16th Street\r\nMoline, IL 61265\r\nQUAD

CITY MUSIC GUILD\r\n(LESSEE)\r\nBy: __________________________ _\r\nKevin L Pieper,

President\r\n11 \r\nAGREEMENT\r\nTHIS AGREEMENT (hereinafter \"Agreement\") is made

and entered into this __ day of\r\n______ , 2016, by and between the City of Moline,

Illinois, a municipal corporation by\r\nand through its Park and Recreation Board

(hereinafter \"Owner\"), and The Compassionate\r\nFriends, an Illinois not-for-profit

corporation, Quad City Area Chapter (hereinafter \"TCFQCC\")\r\n(hereinafter collectively

\"Parties\") to utilize a certain portion of the Moline Memorial Cemetery\r\nlocated

at 5001 34th Avenue for the purpose of constructing and maintaining an Angel of

Hope\r\nmemorial garden and installing an Angel of Hope statue within the memorial

garden (hereinafter\r\n\"Memorial\").\r\nWHEREAS, TCFQCC contacted Owner for help

finding a location to place an Angel of\r\nHope statue and memorial garden; and\r\nWHEREAS,

Owner and TCFQCC found a location within Moline Memorial Park\r\nCemetery (hereinafter

\"Cemetery\") that would be suitable for such Memorial; and\r\nWHEREAS, TCFQCC is

constructing its Memorial within the location shown on the\r\nattached Exhibit A

in the Cemetery; and\r\nWHEREAS, upon completion of construction and installation,

it is the desire of\r\nTCFQCC to have the Memorial remain in the Cemetery as a fixture;

and\r\nWHEREAS, TCFQCC will maintain the Memorial for the term of this agreement,

which\r\nincludes maintaining Fixtures, as defined herein; and\r\nWHEREAS, the Parties

desire to enter into this Agreement to set forth terms allowing\r\nTCFQCC to utilize

the area shown on Exhibit A for the purpose constructing and maintaining\r\nthe

Memorial subject to the terms, conditions, restrictions, limitations and reservations

stated\r\nherein.\r\nNOW, THEREFORE, in consideration of the mutual covenants and

agreements set forth\r\nherein, the Parties agree as follows:\r\n1. DEFINITIONS.\r\na)

Premises: The northern point of section 10 of the Moline Memorial Park\r\nCemetery

being more particularly shown on Exhibit A, attached hereto and\r\nincorporated

herein.\r\nb) Service(s)/Operation(s): The construction and maintenance of the Memorial,\r\nincluding,

but not limited to, the statue, plantings, pavers, benches, by TCFQCC.\r\nc) TCFQCC

Property: All equipment and annual plantings provided by TCFQCC to\r\nbe used for

the construction and maintenance of the Memorial, but shall not\r\ninclude the statue,

pavers, perennial plantings, landscaping, or benches, which\r\nbecome a fixture

on the Premises.\r\nPage 1 of 7 \r\nd) Fixtures: The statue, pavers, perennial plantings,

landscaping, and benches which\r\nare placed on and become part of the Premises.\r\n2.

USE.\r\na) Owner shall grant access to the Premises to TCFQCC for the construction

and\r\nmaintenance of the Memorial.\r\nb) TCFQCC is only allowed to construct and

maintain the Memorial on the\r\nPremises. Such Memorial shall be substantially similar

in design as shown on the\r\ndrawings attached hereto as Exhibit B.\r\n3. TCFOCC'S

RESPONSIBILITIES.\r\na) TCFQCC shall at all times devote reasonable time, attention

and energies to the\r\nmaintenance and improvement of the Memorial. TCFQCC acknowledges

the\r\nPremises is public property and agrees that the Owner must have the right

to make\r\nand enforce rules and regulations governing the Premises, which rules

and\r\nregulations shall be considered covenants of this Agreement. Present rules

and\r\nregulations are set forth in Exhibit C, attached hereto and incorporated

by\r\nreference herein.\r\nb) TCFQCC shall be responsible for all TCFQCC Property

associated with the\r\nOperation and shall pay any and all operational and maintenance

costs for same.\r\nc) Owner shall not be liable for any claim, demand, action, or

proceedings for\r\npersonal injuries that occur to any person on the Premises.\r\nd)

TCFQCC agrees to provide access to the Memorial to the public without\r\ndiscrimination

other than that permitted by law. Discrimination by TCFQCC in\r\nits Operation hereunder

based on race, sex, religion, age, marital status, handicap,\r\nnational origin,

or sexual orientation shall be deemed to be a material breach of\r\nthis Agreement.\r\ne)

TCFQCC shall comply with and at all times operate in a manner which meets all\r\napplicable

Federal, State and Municipal laws, ordinances and regulations and\r\nguiding rules,

including but not limited to meeting the requirements for permits or\r\nlicenses.\r\nf)

TCFQCC shall be responsible for all taxes, insurance, and appropriate licensing\r\nassociated

with and necessary for the Operation. If TCFQCC has any employees\r\nor volunteers

who will be working on or at the Memorial, those volunteers or\r\nemployees shall

not be deemed employees of Owner for any purpose whatsoever\r\nand shall not be

eligible to participate in any benefit program provided by the\r\nOwner for its

employees. TCFQCC shall be exclusively responsible for the\r\nPage 2 of7 \r\npayment

of any and all wages and salaries, taxes, withholding payment, penalties,\r\nfees,

fringe benefits, professional liability insurance premiums, contributions to\r\ninsurance

and pension or other deferred compensation plans including, but not\r\nlimited to,

workers compensation and Social Security obligations, licensing fees,\r\nand the

filing of all necessary documents, forms and returns pertinent to all of the\r\nforegoing.\r\ng)

It is understood that once constructed and installed, the Memorial, including but\r\nnot

limited to the statue and its base, pavers, and benches, shall become fixtures\r\nof

the Cemetery and shall remain the property of Owner upon the termination of\r\nthis

Agreement.\r\nh) In maintaining the Memorial, TCFQCC shall be responsible for properly\r\ndisposing

of debris or garbage from the Premises. TCFQCC shall clean the\r\nPremises as frequently

as necessary to keep the Premises free of debris and\r\nweeds. All TCFQCC Property

and the Memorial must be kept within the\r\nPremises as defined in this Agreement.

TCFQCC may utilize garbage disposal\r\nreceptacles located in the Cemetery for debris

disposal. TCFQCC shall notify\r\nOwner should the garbage receptacles need emptying.\r\ni)

The Memorial shall be completed by TCFQCC and not abandoned. The Premises\r\nshall

not be left in a state of disrepair at any time. Abandonment of the Memorial\r\nor

leaving the Premises in a state of disrepair shall constitute a material breach

of\r\nthis Agreement.\r\nj) TCFQCC shall be responsible for any and all repairs

of TCFQCC's Property and\r\nFixtures while located on the Premises, regardless of

the cause of such damage.\r\nTCFQCC agrees Owner shall not be liable to TCFQCC for

any damage done to\r\nTCFQCC Property or Fixtures, while it is located on the Premises,

unless caused\r\nor contributed to by the willful acts or omissions of Owner, its

officers, directors,\r\nemployees, agents or assigns.\r\n4. TERM AND TERMINATION.\r\na)

The term of this Agreement shall commence upon execution of this Agreement\r\n(hereinafter

\"Commencement Date\") and shall terminate on December 31, 2019.\r\nb) An extension

of this original agreement, if any, shall be at the discretion of the\r\nOwner and

TCFQCC as agreed to by the Parties.\r\nc) Notwithstanding any provision herein to

the contrary, this Agreement may be\r\nterminated by the written mutual consent

of the Parties.\r\nd) Notwithstanding any provision herein to the contrary, this

Agreement may be\r\nterminated by either party providing the other party with thirty

(30) days prior\r\nPage 3 of? \r\nnotice in writing. Notices of tennination under

this Section shall be delivered\r\naccording to Section 7.\r\ne) In addition to

any other remedies provided by law or equity, in the event of any\r\ndefault or

breach of this Agreement, or any of its tenns or conditions, by either\r\nparty

hereto, or any successor to such party, such party or successor shall, upon\r\nwritten

notice from the other, proceed immediately to cure or remedy such default\r\nor

breach within thirty (30) days after receipt of such notice. Said written notice\r\nshall

describe the nature of the default, and what action, if any, is deemed\r\nnecessary

to cure the same. In case such action is not taken or not diligently\r\npursued,

or the default or breach shall not be cured or remedied within a\r\nreasonable time,

but in no event longer than thirty (30) days after receipt such\r\nnotice unless

mutually agreed to in writing by the Parties, the aggrieved party may\r\ntenninate

this Agreement by providing final written notice to the other or institute\r\nsuch

proceedings as may be necessary or desirable in its opinion to cure and\r\nremedy

such default or breach, including, but not limited to, proceedings to\r\ncompel

specific perfonnance by the party in default or breach of its obligations.\r\nUpon

tennination of the Agreement by either party, TCFQCC must peacefully\r\nsurrender

the Premises to Owner. The Premises herein shall include all\r\nappurtenant fixtures

to said real estate, which, upon tennination of this Agreement\r\nshall remain with

the Premises and return to Owner.\r\n5. HOLD HARMLESS/INDEMNIFY.\r\na) In consideration

for pennission to use the Premises and Owner's property as\r\ngranted above, TCFQCC

hereby agrees to defend, hold hannless and indemnify\r\nOwner, its subsidiaries

and affiliates, their respective officers, directors,\r\nemployees, agents, assigns,

servants and contractors from and against all claims,\r\ndemands, actions, or proceedings,

all costs, damages, expenses, or other liability\r\nof any nature whatsoever due

to personal injury or property damage (including\r\ndamage to the Premises and Owner's

property other than reasonable wear and\r\ntear), any of which arises directly or

indirectly from or in connection with, in\r\nwhole or in part, the pennission to

use and/or use of the Premises and Owner's\r\nproperty granted hereinunder, unless

caused or contributed to by the willful acts\r\nor omissions of Owner, its officers,

directors, employees, agents or assigns, in\r\nwhich case TCFQCC shall have no duty

to defend, hold hannless or indemnify.\r\nb) This Agreement shall be binding on

and inure to the benefit of the heirs,\r\nexecutors, administrators, successors

and assigns of the respective Parties thereto.\r\nc) TCFQCC shall not bring any

cause of action alleging Owner is the employer of\r\nTCFQCC or any TCFQCC's volunteers,

employees, officers or agents, and\r\nTCFQCC shall indemnify, defend and hold hannless

Owner against all claims,\r\nlosses, costs, or expenses that are based upon or related

to TCFQCC's\r\nemployment of its own employees or of its volunteers.\r\nPage 4 of7

\r\n6. TCFOCC INSURANCE COVERAGE. TCFQCC shall, throughout the term of this\r\nAgreement

and at TCFQCC's expense, carry and keep in full force and effect\r\ncomprehensive

general liability insurance with respect to Operations on the Premises,\r\nwith

a carrier and in a form satisfactory to Owner, which policy or policies shall:\r\na)

Have limits of $1,000,000.00 per occurrence personal injury and $100,000.00 per\r\noccurrence

property damage.\r\nb) Name Owner as an additional insured party.\r\nc) Contain

fire and extended perils insurance covering TCFQCC' s own property and\r\ninsuring

TCFQCC's possessions on the Premises; Owner shall have no duty to\r\ninsure TCFQCC's

possessions, the possessions of TCFQCC's guests, invitees,\r\npermitees, or volunteers,

or to replace same in the event of any calamity or other\r\ndisaster.\r\nd) Each

such policy of insurance shall contain a waiver of subrogation provision.\r\nIf

required by law, and to the extent so required, TCFQCC shall further carry workers'\r\ncompensation

insurance. Workers' compensation, and public liability insurance if\r\nrequired,

shall be paid by TCFQCC. Certificates of all insurance coverage shall be\r\ndelivered

to Owner seven (7) days prior to the Commencement Date.\r\n7. NOTICES. Any notice

required or permitted hereunder shall be in writing, signed by\r\nthe party giving

the notice, and shall be deemed given when:\r\na) Hand delivered to the party to

whom the notice is addressed, or\r\nb) Mailed by certified mail, return receipt

requested, United States mail, postage\r\nprepaid, and addressed to the party at

the address shown below:\r\nOwner:\r\nCity of Moline Park Board\r\nAttn. Park Director\r\n3635

4th Avenue\r\nMoline, IL 61265\r\nWith a copy to:\r\nCity of Moline\r\nAttn: City

Attorney\r\n619 16th Street\r\nMoline, IL 61265\r\nTCFOCC:\r\nThe Compassionate

Friends Quad City Chapter\r\nc/o Bethany For Children and Families\r\n1830 6th Avenue\r\nMoline,

IL 61265\r\nThe Compassionate Friends Quad City Chapter\r\nc/o Doug Scott\r\nEither

party may change the address and individual(s) to whom the notice is to be\r\ndirected

by written notice sent to the other party in the manner provided above.\r\nPage

5 of? \r\n8. OBSERVANCE OF LAWS AND ORDINANCES. TCFQCC must, at its sole cost and\r\nexpense,

promptly correct any violation and comply with all laws, ordinances, notices,\r\npermits,

requirements, orders, regulations and recommendations now or in the future in\r\neffect,

of whatever nature, of all federal, state, county, municipal and other authorities,\r\nwith

respect to TCFQCC's conduct or use of the Premises.\r\n9. SURRENDER OF PREMISES.

At the end or termination of the term of this Agreement,\r\nTCFQCC covenants to

surrender and deliver up the Premises in as good as condition as\r\nthey now are,

or may hereafter be put, destruction by fire, reasonable use, ordinary wear\r\nand

tear, and the effects of time excepted. The understanding of the Parties being that\r\ntitle

to the Premises shall never be transferred or intended to be transferred to TCFQCC\r\nand

that this Agreement relates to construction and maintenance of the Memorial on the\r\nPremises

owned by Owner by TCFQCC.\r\n10. ASSIGNMENT. TCFQCC shall not have the right to

assign this Agreement or without\r\nthe express written consent of Owner, and consent

of Owner shall not release or\r\ndischarge TCFQCC from any obligations hereunder.\r\n11.

EFFECT OF PARTIAL INVALIDITY. The invalidity of any part of this Agreement will\r\nnot

and shall not be deemed to affect the validity of any other part. In the event that

any\r\nprovision of this Agreement is held to be invalid, the Parties agree that

the remaining\r\nprovisions shall be deemed to be in full force and effect as if

they had been executed by\r\nboth Parties subsequent to the expungement of the invalid

provision.\r\n12. WAIVER. Waiver by Owner of any breach of any covenant or duty

of TCFQCC under\r\nthis Agreement is not a waiver of a breach of any other covenant

or duty of TCFQCC, or\r\nof any subsequent breach of the same covenant or duty.\r\n13.

CHOICE OF LAW. This Agreement shall be governed by the laws of the State of\r\nIllinois,

and the sole and exclusive venue for any disputes arising out of this Agreement\r\nshall

be any state court located within Rock Island County, Illinois, or federal court\r\nlocated

within the same venue.\r\n14. MISCELLANEOUS.\r\na) This Agreement and each and everyone

of the terms and provisions thereof shall\r\nbe for the benefit of and be binding

upon the Parties hereto and each of them and\r\ntheir respective heirs, executors,

administrators, grantees, successors and assigns.\r\nb) This Agreement contains

the entire understanding between the Parties hereto and\r\nsupersedes any and all

prior agreements, undertakings and arrangements between\r\nthe Parties relating

to the subject matter hereof. All amendments, changes,\r\nmodifications or alterations

of the terms and conditions hereof shall be in writing\r\nand signed by all Parties

hereto.\r\nPage 6 of7 \r\nc) The captions of the Agreement are used for convenience

of reference only and\r\nshall have no significance in construing the text of the

Agreement.\r\nIN WITNESS WHEREOF, this Agreement is executed in Moline, lllinois,

as of the\r\ndate hereof first above written.\r\nOWNER\r\nCITY OF MOLINE, an Dlinois\r\nMunicipal

Corporation\r\nBy: ____________ _\r\nScott Raes, Mayor\r\nAttest:\r\nBY-________________________

__\r\nTracy Koranda, City Clerk\r\nMOLINE PARK AND RECREATION\r\nBOARD\r\nBy: _____________________________________________

_\r\nDon Welvaert, President\r\nApproved as to Form:\r\nCity Attorney\r\nTCFQCC\r\nTHE

COMPASSIONATE FRIENDS, an\r\nDlinois Not-For-Profit Corporation,\r\nQUAD CITY AREA

CHAPTER\r\nBY.~ ,\r\nf)~ 145 It!. 5::nr\r\nhapter Leader\r\nPage 7 of7 \r\nt\r\nsmllllS\r\nOf\r\no\r\nsmJta

I\r\n• millt It\r\nIII t I 1.1 !iECT10f ,\r\n!£fltll\r\n~\r\nU FUI8\r\n.\r\n\"\r\n>

X k. ~; +- (\\-\r\nsu:JlIW 5\r\no\r\nC£T11lN1O\r\n.\r\n!Erlllt 2\r\n!lttIUlI!\r\no\r\nSECTUII

,\r\n~\r\ni\r\n~ -Sect?(IA---/tP-,1\\6\r\n~ He, •• \"\r\nMolu MaloriaI Park Cemetery\r\n.

:Mth MeJIIIr\r\n. '1265-MrIO., S:Z~2G5\r\nJ'AX (30!») \",.ens\r\nP_trly

-lbIAIdlta c.-.,-. aNbIisIInI. 192.7\r\nAdminiRaof b)' 11111 IIIaIR PIll. Rcaulion\r\nDcpmmem

sIace Jm.\r\nA - Main EDttaace\r\nB. 53rd Street Oa&e !.oded\r\nC - HQIoric Valbaiia

Main Entrance C/o.lul\r\nD-~\r\nE - Garage\r\nF - FJae\" Velerans MeatOrial\r\nG

- City of MoJine Dedication Monumenl\r\nH - Chapel Mausoleum\r\nI - ParkiD&\r\nJ

- Praym, HaDds Mauso.Ic:I,fm\r\nK - N\"1Che CabiDet for Cn:maios\r\nL - Hiltoric

Site of VlalhaI1a Chapel\r\nCIIT7II1IJJy Mrlltt/~tlllllr:~ BaIiIJbr,\r\nN - SHlewlllks\r\no

- Gardea Featun:\r\nP - UmGardcn\r\nMlSSISStPfII RIVEJI\r\nt\r\nN\r\n,-\r\ntI01

TO SCALI\r\nOffICI!\r\nMAP \r\n/\r\n/\r\n/0 D-r f_tan l7r

MlSCanthus Mornng I.'!)ht I fjj !!Ill.\r\nB Da,.tiy ~)t&i.lQ D\" Oro -.l.-------~M#_D=l--\r\nengrovsd

benc:h I ~\r\nj'Cn'.Jl'a. \"d f,01Gh\r\n(it\", ~i ts\r\n5 Prary Fr\" Crcab\r\n\\\r\n.

~:\"f \\ 12 D~thus\r\n~ \\;\\ \\ 6 MotJnDtHJm Cor\"'PSIfi\r\n.Ii • 5 l7ra&s ~nthus

Morn019 \\.rght\r\n\\\r\n\\\r\n8\" \" 6\" M-orw 8r.c:bs\r\n4\" I( 8\" MemorKll

81';011& \\\r\nb' Wtds CI/I'ysd S. c:hell\r\n4 5prea MagID Carpet\r\nSo\"wood\r\n~li!\r\nII\r\n=b\r\nIII\r\n@\r\ns:\r\no\r\n1ft\r\n~\r\nU~\\S)

~r-\r\n~~ z ~U).!\r\nh~g\r\nr.: D \\S)\r\n~ \\Q\r\n'I)\r\nn\r\nS i\r\n( \r\nRev.

4123193\r\nRULES AND REGULATIONS\r\nRIVERSIDE CEMETERY/MOLINE MEMORIAL PARK\r\nThese

Rules and Regulations were adopted by the City of Moline Park and Recreation\r\nBoard

on the 26th day of December 199.1, to apply to the operations of Riverside\r\nCemetery/Moline

Memorial Park, Moline, IL. These rules are a revision of and update to\r\nRules

and Regulations covering the operation of Riverside Cemetery/Moline Memorial Park\r\nsince

inception.\r\nI. PURPOSE\r\nDeeds issued to lot purchasers in the Cemeteries contain

a provision that the grantees\r\ntake title subject to the Rules and Regulations

then in force and those which may be made In\r\nthe future. These regulations are

as binding upon the purchaser as though they were\r\nIncorporated In the deed.\r\nAll

Rules and Regulations have been made or will be made to the benefit of the owner\r\ncollectively.

Experience has shown that the adoption and enforcement of the Rules and\r\nRegulations

are necessary to secure uniformity, protect the Interests of the owners and to\r\npreserve

the beauty of the cemetery. All persons are required to obey the Rules and\r\nRegulations

and we encourage citizens to report any infractions on the part of others.\r\nLot

owners are granted all the privileges consistent with these Rules and Regulations.\r\nII.

DEFINITIONS\r\nAs used in these Rules and Regulations, the following terms shall

have the meaning\r\nhereinafter defined, unless a contrary intention appears from

the context of any particular\r\nRule or Regulation.\r\n1. \"The Cemetery\" shall

refer to the burial ground commonly known as Riverside\r\nCemetery/Moline MemOrial

Park or Its assigns, owned by the City of Moline, Including\r\nall land dedicated,

reserved or used for Interment purposes; the vegetation therein;\r\ngraves, maUSOleums,

crypts, columbaria, niches or other interment spaces therein;\r\nmemorials and works

of art; all roads, walkways, crematoria and other structures of\r\nevery kind, and

public rights of way.\r\n2. \"City\" shall refer to the City of Moline.\r\n3. \"Interment\"

means the (a) burial, (b) entombment or (c) cremation and Inumment of\r\nhuman remains.\r\n4.

\"Burial\" means the disposition of human remains by earthen burial in a grave.

\r\nRules and Regulations\r\n5. nEntombment\" means the placement of human remains

in a crypt.\r\n6. \"Inurnment\" means the placement of cremated human remains in

an urn and\r\nplacement of such urn in a niche.\r\n7. \"lot\" means a grave, crypt,

niche or plot. I\r\nPage 2\r\n8. nGrave\" means a space of land in the cemetery

used or intended to be used for the\r\nburial of human remains.\r\n9. \"Crypt\"

means a space in a mausoleum used or intended to be used for the\r\nentombment of

human remains.\r\n10. \"Niche\" means a space in a columbarium used or intended

to be used for the\r\ninurnment of cremated human remains.\r\n11. \"Columbarium\"

means a vault with niches for urns containing cremated human\r\nremains.\r\n12.

\"Plot\" means two or more adjoining graves, crypts or niches.\r\n13. Cemetery \"Deed\"

means the document by which the Cemetery conveys a right of\r\ninterment, entombment

or inurnment.\r\n14. \"lot Holder\" or \"lot Owner\" means the person or persons:\r\n(a)

To whom the Cemetery has conveyed a right or rights of interment; or\r\n(b) who

have acquired such right or rights by transfer in accordance with these\r\nRules

and Regulations; or\r\n(c) who hold such right or rights by Inheritance.\r\n15.

\"Community Mausoleum\" means a structure, abo