2009-028 April 17,2009
ORDINANCE NO. 2009- 28
An Ordinance Approving a Lease with the Buffalo Grove Park District For
Lot 9005 In The Villas of Buffalo Creek Unit One Subdivision
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970;
WHEREAS, the Buffalo Grove Park District desires to lease from the Village
the real property identified as Lot 9005 in the Villas of Buffalo Creek,which is adjacent
to the Twin Creek Park Site, for the purpose of constructing on said real property a
parking lot/ice skating area and certain other improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and
COOK COUNTIES,ILLINOIS,pursuant to its home rule powers,as follows:
Section 1. The Village President and Village Clerk are hereby authorized and
directed to execute the lease attached hereto as Exhibit A by and between the Village of
Buffalo Grove and the Buffalo Grove Park District for the real property identified as Lot
9005 in The Villas of Buffalo Creek Unit One Subdivision.
Section 2. This ordinance shall be effective upon its passage and approval. This
ordinance shall not be codified.
AYES: 5-Braiman Glover Trilling Stone, Sussman
NAPES: 0—None
ABSENT: 1 —Berman
PASSED: May 18 , 2009.
APPROVED: May 18 , 2009.
APPROVED:
Village President
ATTEST:
GM/v C� v
,/ !,Village Clerk 0
F:\docs\clients\103\1067\ORD\00045420.DOC
4/30/2009
LEASE
Effective
May 1, 2009
between
Village of Buffalo Grove
as the landlord,
and
Buffalo Grove Park District
as the tenant
for
Lot 9005 in the Villas of Buffalo Creek Unit One Subdivision
Buffalo Grove, Illinois
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LEAS E
This Lease ("Lease") is made between the Village of Buffalo Grove, Illinois, an Illinois
home rule municipality ("Village") and the Buffalo Grove Park District, an Illinois body
corporate and politic ("District"). The Village and the District are sometimes hereinafter
referred to individually as a "Party" and collectively as the "Parties".
RECITALS
WHEREAS,the Village owns certain real estate commonly known as Lot 9005 in the
Villas of Buffalo Creek Unit One Subdivision which is legally described on Exhibit A attached
hereto ("Property"); and
WHEREAS, the District desires to lease the Property from the Village for the purposes
of constructing on the Property a parking lot/ice skating area and certain other improvements and
to continue to maintain on the Property a previously constructed driveway, all of which are
depicted on the site plan attached as Exhibit B hereto (collectively the "Improvements"); and
WHEREAS, the Village has previously constructed on the Property the bike path ("Bike
Path") as depicted on Exhibit B.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and the mutual promises
herein contained, Village and District agree as follows.
1. Incorporation of Recitals.
The foregoing recitals to this Lease are hereby incorporated into and made a part of this Lease.
2. Lease.
The Village does hereby lease to the District and the District hereby leases from the Village the
Property subject to the terms and conditions of this Lease.
3. Term.
The initial term of this Lease shall be twenty-five (25) years commencing on May 1, 2009 and
terminating at 11:59 P.M. on April 20, 2034.
4. Renewal.
District shall have the right to extend this Lease for five (5) additional and successive five (5)
year terms (each a"Renewal Term", together with the Initial Term, hereinafter the"Term") on
the terms and conditions as set forth herein. This Lease shall automatically renew for each
successive Renewal Term unless District notifies Village, in writing, of District's intention not to
renew this Lease, at least one-hundred eighty (180) days prior to the expiration of the Initial
Term or any Renewal Term.
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District will be deemed to have waived the right to automatically extend the Term for any
Renewal Term if there is an uncured default at the time of the beginning of any Renewal Term.
5. Permitted Use.
The Property shall be used by District only for the construction, installation, operation,
maintenance, repair, removal or replacement of the Improvements. The District shall operate the
Improvements so as to not cause adverse impacts upon adjacent residential properties.
6. Maintenance of Property and Improvements.
The District shall maintain the Property and the Improvements located thereon in a clean, neat,
orderly and sightly condition and repair to Village's satisfaction at all times during the Term of
this Lease. Maintenance by the District shall include, but not by way of limitation, (i) removal of
any weeds, Canadian thistles and other noxious growths, (ii) maintenance of all landscaping on
the Property including wetland detention areas.
7. Alterations and Fixtures.
(a) District may perform work to fill, grade, level or pave the Property in accordance with
plans submitted and approved by the Village for the Property and other required supporting
improvements (detention, lighting, seeding, etc.) as approved by the Village.
(b) Any and all fixtures added to the Property, as approved by the Village, shall remain
the property of the District and shall remain the property of the District after termination of this
Lease for any reason. The District shall be allowed to remove, replace and maintain any and all
such fixtures of any kind from the Property from time to time as determined necessary by the
District in order to further the District's use of the property as a Parking Lot/Ice skating area.
(c) . The District shall incur the costs of any Improvements to the Property.
8. Required Insurance
(a) The District agrees to name the Village as an additional insured on the District's
policy or policies of liability and workers compensation insurance and shall provide
the Village with copies of the Certificates of Insurance prior to the effective date of
this Lease.
(b) The Village agrees to name the District as an additional insured on the Village's
policy or policies of liability insurance pertaining to the Village's (a) right of
inspection of the Property, (b) maintenance and operation of the Bike Path, or (c)
Village's right to maintain the prairie grass on the Property and shall provide the
District with copies of the Certificates of Insurance prior to the effective date of this
Lease.
9. Village Approvals. The District shall submit final plans for the construction of the
Improvements to the Village for approval.
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l 0. Signage. The District agrees that any signage posted on the Property is subject to prior
approval of the Village.
11. Compliance
The District shall, at its own cost and expense, promptly comply in all material respects with any
and all present and future laws, rules, orders, ordinances, regulations, statutes and requirements
of federal, state, city, county, or other governmental, public or quasi-public authorities now
existing or hereafter created.
12. No Liens.
District shall not create or permit to be created or to remain, and shall discharge, any lien,
encumbrance or charge caused by it levied on account of any mechanic's, laborer's or material
man's lien, or otherwise (collectively, a "Lien") which becomes a lien, encumbrance or charge
upon the Property or the Improvements or any part thereof.
13. Indemnification of Village.
The District shall indemnify, defend and save harmless the Village against and from any liability
arising from the District's management, operation and maintenance of the Property or the
Improvements, including but not by way of limitation, any environmental claims arising in
connection with the Property or Improvements during the Lease Term.
The provisions of this Section shall survive the expiration or any earlier termination of this
Lease.
14. Indemnification of District.
The Village shall indemnify, defend and save harmless the District against and from any liability
arising during the Lease Term from the Village's (a) right of inspection of the Property, (b)
maintenance and operation of the Bike Path, or(c) Village's right to maintain the prairie grass on
the Property.
The provisions of this Section shall survive the expiration or any earlier termination of this
Lease.
15. Village's Right of Access.
The District shall permit the Village and its agents or representatives to enter the Property and
the Improvements, for the purpose of(a) inspecting the same to determine Tenant's compliance
with the provisions of this Lease, (b) maintenance, repair and replacement of the Bike Path, and
(c) maintenance of the prairie grass, including the right to effectuate a burn of the prairie grass.
If the Village exercises its right to burn the prairie grass it shall provide the District thirty (30)
days Notice of such burn.
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16. No Unlawful Occupancy.
District shall not use or occupy, nor permit or suffer the Property or Improvements or any part
thereof to be used or occupied for any unlawful or illegal business, use or purpose, nor for any
purpose or in any way in violation of any federal, state or local law. Immediately upon the
discovery of any such unlawful or illegal use, District shall take all necessary steps, legal and
equitable, to compel the discontinuance of such use and to oust and remove any persons guilty
of such unlawful or illegal use.
17. "Event of Default" Defined.
The following events shall be an "Event of Default" hereunder:
Failure of District to observe or perform one or more of the other terms, conditions, covenants
or agreements of this Lease and the continuance of such failure for a period of ninety (90) days
after Notice from Village specifying such failure, unless such failure requires work to be
performed, acts to be done, or conditions to be removed which cannot by their nature or due to
an unavoidable delay reasonably be performed, done or removed, as the case may be, within
such ninety (90) day period; in which case the Village may, at the Village's option extend the
time to cure the Event of Default.
18. Termination By
After the Initial Term of this Lease the Village shall have the right to terminate this Lease if the
Village determines the Property is necessary to be used by the Village for municipal purposes.
Prior to termination pursuant to this Section, the Village shall provide one-hundred eighty(180)
days Notice to the District of said termination.
19. No Waiver.
No failure by Village or District to insist upon the strict performance of any covenant,
agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a
breach thereof shall constitute a waiver of any such breach or of such covenant, agreement, term
or condition. No covenant, agreement, term or condition of this Lease shall be waived or
modified except by a written instrument executed by the Parties.
20. Surrender of Property.
On the last day of the Term or upon any earlier termination of this Lease, District shall surrender
and deliver up to Village the Property without delay in good order, condition and repair,
reasonable wear- and tear excepted, free and clear of all liens and encumbrances. Upon
termination of this Lease, at the option of the Village, District shall remove all the Improvements
the District has caused to be constructed on the Property. This Section shall survive any
termination of this Lease.
21. Warranties and Representations.
Each Party hereto warrants and represents to the other Party that (a) it has full power and
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authority to execute and deliver this Lease and (b) the execution of this Lease will not violate or
constitute a default on its part under any agreement to which it is a Party or by which it is bound.
22. Notices.
All notices, demands, requests, consents, approvals and other communications required or
permitted to be given hereunder (a "Notice") shall be in writing and shall be sent registered or
certified mail, postage prepaid, return receipt requested, addressed to the Party to be notified as
follows:
If to Village: Village of Buffalo Grove
ATTN: Village Manager
50 Raupp Boulevard
Buffalo Grove, IL. 60089
with a copy to: William Raysa
Raysa &Zimrnermann, LLC
22 S. Washington Avenue
Park Ridge, IL 60068
Fax No. (847) 268-8614
If to District: Buffalo Grove Park District
ATIN: District Director
530 Bernard Drive
Buffalo Grove, IL. 60089
with a copy to: Steven P. Bloomberg
Tressler, Soderstrom, Maloney&Priess, LLP
305 W. Briarcliff Road
Bolingbrook, IL. 60440
Fax No. 630-759-8504
A Notice shall be deemed delivered upon receipt or first attempted delivery if refused or
unclaimed by recipient. Notices may also be delivered by (a) hand or (b) overnight courier, in
which event, such Notice shall be deemed delivered upon acknowledgment of such receipt.
Either Party can change the address for Notices to such Party by giving a Notice as aforesaid.
23. Captions.
The captions of this Lease are for convenience of reference only and in no way define, limit or
describe the scope or intent of this Lease nor in any way affect this Lease.
24. Entire Agreement.
This Lease contain all the promises, agreement, conditions, inducements and understandings
between Village and District relative to the Property and Improvements, and there are no
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promises, agreements, conditions, understandings, inducements, warranties or representations,
oral or written, expressed or implied,between them other than as set forth in this Lease
25. Invalidity of Certain Provisions.
If any term or provision of this Lease or the application thereof to any person or circumstance, to
any extent shall be invalid or unenforceable, the remainder of this Lease, or the application of
such term or provision to persons or circumstances other than as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be
valid and be enforced to the fullest extent permitted by law.
26. Governing Law. This Lease shall be governed by and construed in accordance with
the laws of the State of Illinois.
27. Assignment. The District shall not assign or otherwise transfer this Lease or its
interest herein without the prior written consent of the Village.
28. Amendment. This Lease may be amended only in writing with approval of the
Village and the District.
29, No Recording. Parties agree that this Lease shall not be recorded with the Lake
County Recorder of Deeds.
30. Counterparts. This Lease shall be executed by the Parties in any number of
counterparts, each of which shall be deemed an original,but all of which together shall constitute
an original instrument.
31. Effective_Date. This Lease shall become effective upon the last Party to execute this
Lease.
Village of Buffalo Grove, an Illinois Home Buffalo Grove Park District, an Illinois body
Rule municipality, corporate and politic
./B
Y• B Y•
Date: !p0
Date:
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Exhibit A
Legal Description of the Property
Lot 9005 in the Villas of Buffalo Creek Unit One Subdivision,being a subdivision of part of the
north '/z of the northeast '/ of Section 29, Township 43 north, Range 11 East of the Third
Principal Meridian, according to the Plat thereof recorded April 25, 1979, as document number
1900528, In Lake County, Illinois, except that part dedicated for public road purposes per
document number 5888007
PIN: 15-29-215-042
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Exhibit B
Site Plan
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