1987-05-04 - Resolution 1987-28 - APPROVING THE COMMONWEALTH EDISON RECREATION LEASE (BIKEPATH AND OPEN SPACE)RESOLUTION NO. 87- 28
A RESOLUTION APPROVING THE COMMONWEALTH EDISON
RECREATION LEASE (BIKEPATH AND OPEN SPACE)
WHEREAS, a Iease from Conrnonwealth Edison is required to
properiy acconrnodate the Village's bikepath system; and
WHEREAS, the Village is required to approve the required
recreational I ease.
N0W, THEREF0RE, BE IT RESOLVED BY THE Village President
and Board of Trustees of the Village of Buffalo Grove, Cook and
Lake Counties, IIlinois, that the Village President and Village
Clerk are herby authorized and directed to execute the
recreational Iease which is attached hereto and made a part
hereof.
AYES: 4 - Marienthal, Glover, Reid, Kowalskl
NAYES: 0 - None
ABSENT: 2 - Shields, Shifrin
PASSED: IIay 4 ,'l987
APPROVED:
age res ent
ATTEST:
}vt, &'"9;
Vr"'llaW CIerk
vR/14: DeSPLAINES-NAUKEGAN
PARCEL: 263
S.E. I/4, SEC. 28 TI.IP. 43 RANGE I I
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
C.E.CO. TAX PARCEL 412O-2
C. E.CO. NORTHERN DIVISION
EEEBEAIIQIA!
LEASE
THIS INDENTURE, Made and entered into this Ist day of June, .I987, by
and betveen COMM0NHEALTH EDIS0N COMPANY, an Illinois Corporation (hereinafter
referred to as "LANDLoRD") and the VILLAGE 0F BUFFALo GRoVE, a Municipal
Corporation (hereinafter referred to as "TENANT");
IIIIESSEI[:
That LANDL0RO, for and in consideration of the rent reserved herein
and of the covenants, conditions and agreements of TENANT hereinafter
mentioned, has demised and leased to the TENANT, that portion of LANDLoRD'S
property so designated (hereinafter called "Leased Premises") on the plat,
dated Apri I I, I987, attached hereto and made a part hereof, and marked
Exhi bit "A".
TERM: T0 HAVE AND T0 H0LD the Leased Premises for and during the
term of Five Years commencing on the First day of June I, 1987, and expiring
on May 3l ,1992, unless sooner terminated as hereinafter provided.
PURPOSE: i,laintenance of a grass recreation area, together vith the
installation and maintenance of an 8 foot vide bike path, 'i nsofar as permitted
by 1aw, and for no other purpose Yhatsoever.
COUSIDERATI0N AND RENT: TENANT has paid One and No/100 Dol lar
($l.00), receipt of rvhich is hereby acknovledged, as consideration and has
agreed to the faithful performance of the fol Iowing terms and conditions for
the use of the Leased Premises.
DIT FN TENANT has examined the Leased Premi ses and
knovrs its condit'ion. N0 representations as to the condition and repair
thereof and no agreements to make any alterations, repairs or improvements 'i n
or about the Leased Premises have been made by LANDLoRD unless contained
herei n.
RESToRATIoN 0F PRoPERTY: TENAI{T agrees that upon termination of thjs
Lease and any supplementary modification and extension thereof or by
expiration of its term or otherwise, TENANT vrill at'i ts sole cost and expense
remove al1 personal equipment and improvements including bike path, blacktop,
crushed stone or other surfacing material , structures and improvements, except
those toxers, poles, vires and fixtures and equipment used by LANDLORD or
other users in the utility bus'i ness and improvements of public entities,
restoring and regrading the property to its original elevation, restori ng top
soil and seeding the Leased Premises with grass seed.
APPR0VED INSTALLATIONS 0F EOUIP).lEltT: TENANT has submitted, for
LANDLORD's approval , its drawing(s) and plans, dated September ,I3, 1985, last
revised April I0, I986, and identified as Exhibit "B", showing TENANT'S use
and installation of improvements on the Leased Premises, rlhich LANDLORD hereby
approves, on the express condition that TENANT agrees to make al'l
'i nstal I ati ons of equi pment and uti I ize the Leased Premi ses in stri ct
accordance with such Exhibit "8".
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TENANT hereby further agrees that, in the event there are any add
lnstallations of equipment in connection with the use of the Leas
TENANT uill obtain prior written approval from LANDL0RD for such
lnstallations before commencing any uork.
SFFNIiIC ANN PI AI'ITTNC A N MATNTFNAN'F OF TPFFq AIN qHPIIRq
'i ti onal
ed Premises,
changes or
: TENANT
shall have the right and priviIege, at its sole cost and expense, to grade,
'I evel and plant grass seed on the Leased Premises. TENANT agrees that, due to
LANDL0RD'S existing faciIities and those of other public utiIities on the
Leased Premises, it rrill not plant any trees or shrubs on the Leased
Premises. TENANT also agrees, if any trees or shrubs are noy located on the
Leased Premi ses, such shall not be permitted to attain a maximum height in
excess of ten feet from original ground 1evel . In the event said maximum
height is exceeded, LANDLORO reserves the right to trim said trees and shrubs
and TENANT agrees to reimburse LANDL0RD for any and all such expense upon
presentation of a bill therefor.
DIGGING liORK: TENANT hereby agrees that, in the event it performs
any grading, leveling or digging work on the Leased Premi ses and damages any
underground facilitjes presently located or later located on the Leased
Premises, TENANT vil1 promptly reimburse LANDL0RD for any and all expense
incurred for the repairing or replacement of such damage ri thin 30 days after
presentation to TENANT of LANDLoRD'S statement. Prior to any such rork,
TENANT shall call Joint Ut'i Iity Locating Information for Excavators
(J.U.L.I.E.) at (800) 892-0123.
3
REMOVAL OF SOIL: TENANT hereby agrees that, it vill not remove any
soiI from the Leased Premises and further agrees that, in the event any soiI
is removed, such shall be promptly replaced by TENANT at its sole cost and
expense. In the event TENANT fails to do so, LANDLoRD shall have the right to
replace any and all soil and restore the surface of the Leased Premises to the
origlnal Ievel , and TENANT hereby agrees to promptly reimburse LANDL0RD for
any and alI expenses incurred, vithin 30 days after presentation to TENANT of
LANDLoRD'S statement.
BUILDINGS: TEilANT hereby agrees it yil l not install, erect,
construct, or permit to be installed, erected or constructed on the Leased
Premises, any building or structures, either permanent or portable, at any
time during the term of this lease.
SIGNS: TENANT shall not place or maintain or alloy to be placed or
maintained by any person or persons, any signs or advertising billboards upon
the Leased Premises at any time during the term hereof. Hovever, TENANT shall
have the right to install, such smalI neat and inoffensive professional signs
as are necessary to identify TEI{ANT'S occupancy of the Leased Premises,
provlded such signs are approved by LANDL0RD before erection or lnstal lation.
ALTERATI0NS: TENANT and the Zale Group, developer of the l,lindbrooke
planned unit development, may perform vork to fi11, grade, level and lnstalI
the bike path on the Leased Premises in accordance with the Exhib'i t "B"
drawing(s) and plans submitted and approved by LANDLoRD, but may not raise the
average elevation of the present ground level. ALL debris is to be removed
before filling and, if it is found necessary to fill 1ou spots, only clean
4
filI (defined as not containing debri s like gravel , concrete, tree roots and
brlck) vill be used. N0 filI vill be placed vithin a ten foot radius of any
tower-le9, if any are located on the Leased Prem'i ses. Pav'i ng shall be either
wel'l-drained, firm and sol'id blacktop, neat in appearance or if previously
approved by LANDLORD, other dust-free surface materials (except concrete).
In the event the ground grade leve1 has been altered or changed
reducing the ground clearances required by the Illinois Conrmerce Conrmission,
the clearance problems will be corrected by TENANT at TENANT'S sole cost and
expen s e.
Barricades, rhose plans and specifications have been previously
approved by LANDLORD, are to be installed on the Leased Premises to protect
LANDLoRD'S toyers, wires, conduits and other electric equipment and faci I'i ties
nor or I ater emplaced.
Such alterat'ions must not create surface water drainage problems for
adJoining landowners and unforseen problems shalI be corrected by TENANT.
USE 0F PREMISES: TENANT rtill, upon request by LANDLORD, remove all
'improvements, including bike path, from the Leased Premises, if LANDL0RD ,in
its judgment alone, considers it necessary in the furtherance and improvement
of LANDLoRD'S duties to provide electri c service. If TENANT cannot or will
not remove such improvements, then TENANT hereby authorizes LANDLORD to do so
and rill repay LANDLoRD for its expenses thereupon incurred upon receipt of
LANDLORD's bill. TENANT uill indemn'i fy and hold LANDL0RD harmless of all
claims, loss, damage, liabil'i ty and judgments, including costs and lawyer's
fees, arising out of, incurred in or in any Yay connected with such removal .
5
LANDLoRD has the right to remove paving to construct, install,
operate, naintain, repair or replace any electrical equipment and faci lities;
other than leaving a solid and firm backfi I I rhere such removal is made,
LANDLoRD shall not be liable to TENANT to restore the paving.
TENANT agrees at its sole cost and expense to provide the labor,
material and equipment required to remove, or relocate to other portions of
the LEASED PREMISES, any improvements, including bike path, that might be in
conflict r{ith any future longitudinal use by LANDL0RO or any pipeline or
utility company or public body which has been granted rights in the LEASED
PREIIISES by LANDLORD. TENAI{T agrees that it will cooperate vith any such
installation by providing a clear path for any such construction and shall
coordinate its use of the area yith the contractors until receiving
notification in uri ting that the insta'l Iation has been completed.
Due to the presence of LANDLORD'S electrical yires located on the
Leased Premises, no vehicles, equipment or anything else having a height more
than FIFTEEN (15) feet from grade level including, but not limited to, any
equipment attached to vehicles or equipment such as antennas, shall be driven,
moved or transported thereon. Neither shall any activity yhich could result
in a vire to ground electrical contact or damage to toners or poles be
alloved; such as, flying kites, model airplanes, driving minibikes, go carts
and snowmobi les. TENANT rri lI post slgns prohibiting such act'ivities.
The violation of any covenant of this Section may be restrained by
i nj unc ti on.
6
ZONING AND PER}.IITS: TENA
compliance yith all applicable zon
governmental regul ati ons. No repr
properly zoned for the proposed us
authority to seek a zoning change
the purpose stated herein.
MAINTENANCE OF PREMISES:
together with any recreational equ
Iocated thereon in a clean, neat,
satisfaction at all times during t
maintenance, TENANT agrees to cut
and other noxious grorths on the L
ENVI RONMENTAL PROTECTIOI{ :
envi ronmental statutes, ordi nances
referred to as "Standards") issued
agency relating to TENANT'S use of
Standards encompassr but are not I
noise, so1 id vastes, hazardous sub
not use |raste oiI as a means of su
else on LANDLoRD'S premises. TENA
incurred by LANOLORD including, tri
imposed for violation of Standards
actual or alleged violation. TENA
indemnify and hold LANDL0RD harmle
vhich results from TENANT'S use of
NT assumes sole responsibi lity for
ing Iavs and ordinances, building codes and
esentations are made that the premises are
e. This lease does not constltute the
to permit the use of the Leased Premises for
TENANT ni lI maintain the Leased Premises
ipnent, barricades and other improvements
orderly and sightly condition to LANDL0RD'S
he term of this Iease. In connection vith
and keep dovn all reeds, Canadian thistles
eased Prem'i ses.
TENANT shal I comply yi th al I appl i cabl e
, rules, regulations, and orders (hereinafter
by any federal , state or local environmental
LANDL0RD'S property hereunder, Such
imited to, those concerning air, vater,
stances, and hazardous uastes, TENANT shalI
ppressing dust on gravel roads or anyvhere
NT shall reimburse LANDL0RD for all costs
thout I i mi tat ion , fi nes and penal ti es
and the actual expense of correcting the
NT sha'l I assume liability for and shal l
ss from any claim or violation of Standards
LANDLORD'S premises.
7
TENANT, at its cost, shall assume the defense of alI claims of
violation of the Standards, regardless of vhether they are asserted against
TENANT or LANDLoRD, except claims resulting from LANDL0RD'S sole negligence.
l{otri thstandi ng the expiration or terminat'ion of th'i s agreement, TENANT shall
remain liable for alI costs provided for herein, and shal l further remain
obligated to defend, Indemnify and hold LANDLORD harmless for any and alI
violations or a1 leged violatlons of Standards rlhjch occurred or yere caused
during the actual term of this agreement.
INSURANCE AND INDEi,INITY: TENANT shal I i ndemni fy and save harml ess
LANDLORD, its officers and employes, from alI claims, litigation and liability
asserted against them or any of them, and any costs and attorneys' fees
incidental thereto, on account of injury to or death of any person or persons
vhomsoever, on account of damage to any property, or on account of Ioss or
interruption of electri c service, caused by, connected rith, or'i n any vay
attributable to, the rights herein granted or TENANT'S failure to comply with
any of the terms or conditions of this lease. TENANT shall undertake the
defense of LANDL0RD, its officers and employes,'i n any such lit'igation'i f
LANDLORD requests TENANT to do so.
TENANT covenants and agrees that it rill not permit or suffer any
Iien to be put upon or arise or accrue against said Leased Premises in favor
of any person or persons, individual or corporate, furnishing either labor or
material ln any work herein proposed; TENANT further covenants and agrees to
hold LANDLORD and said Leased Premises free from any and all 1iens, or rights
or claims of Iien which may or might arise or accrue under or be based upon
8
any mechanic' s llen lax, so called, of the State of Illinojs, nor in force or
hereafter to be enacted. AII contracts and agreements that may be made by
TENANT relating to any vork herein proposed, shall expressly state that the
lnterest and reversion of LANDLoRD in and to sald Leased Premises shalI be
wholly free from and not subject to any lien or claim of any contractor,
subcontractor, mechanic, materialman or Iaborer, yhether based upon any law or
regulation of the State of Illinols, or any other authority, nor in force or
hereafter to be enacted, and TENANT also hereby covenants and agrees that it
vlll not enter into any contract for such rork which shall not In express
terms contain the aforesaid provisions.
LANDL0RD shall not be liable or responsible for Ioss or damage
resulting from LANDLORD'S use, installation, construction or maintenance of
overhead or underground electrical faci lities novl or later emplaced, except
through the negllgence of LANDL0RD, its employes or agents.
LANDLORD shal1 not be liable or responsible for damage caused by
fire, vandalism or other casualty to any vehicle, equ'ipment, merchandise or
personal property on the Leased Premises at any time during the term hereof,
except such resulting from the negligence of the LANDLoRD, its agents,
servants or empl oyes.
TENANT agrees to require the Zale Group, developer as aforesaid, or
'I ts contractor, before commenclng the rork on the Leased Premises, to purchase
and maintain, or at the option of TENANT to itself purchase and maintain, at
the cost of TENANT or its contractor, a policy or pol'i cies of insurance issued
by good and responsible insurance companies and in a form satisfactory to
LANDL0RD as folloys:
9
COVERAGE #I
Horkers' Compensation Insurance Pol'i cy: Coverage A - To
pay promptly uhen due al1 compensation and other benefits
required of the insured by the workers' compensation 1ar.
Coverage B - Employers' Liability: To pay on behalf of the
insured ttith l'imits not less than $500,000 each
acc ident/occurrence a'l I sums vh'i ch the insured shall become
Iegally obl igated to pay as damages because of bod'i ly
injury by accident or disease, including death at any time
resulting therefrom. Coverage A and Coverage B Hill coverall contractors, subcontractors, and their subcontractors.
COVERAGE #2
Comprehensive General Liability Policy or Policies coveri ngalI contractors, subcontractors and all their subcon-
tractors vith l'imits not less than the combined single
'I imit of $1 ,000,000 for bodily injuries to or death of one
or more persons and/or property damage sustained by one or
more organizations as a result of any one occurrence, yhich
policy or po1 icies shalI not exclude property of LANDLORD.
Commonveal th Edison Company, as LANDLORD, shall be added as
Additional Insured under endorsement GL 2010. Bodily
injury means bod'i 1y injury, sickness, or disease sustained
by any person yhich occurs during the policy period
including death, at any time resulting therefrom.
damage means (l) physical injury to or destruction
tangible property vhjch occurs durlng the po1 icy pe
including the loss of use thereof at any time resulting
therefrom, or (2) loss of use of tangible property rhich
has not been physical 1y inJured or destroyed provided such
Ioss of use is caused by an occurrence during the policy
peri od .
In any event, TENANT will provide and maintain during the term hereof:
COVERAGE #3
Ovners'Landlords'and Tenants' Li abi I i ty Insurance Policy
in the name of LANDLORD, Commonvealth Edison Company, as
the insured, with limits of not less than the comb'i ned
single limit of $l ,000,000 for bodily injuries to or death
of one or more persons and/or property damage sustained by
one or more organizations as a result of any one
occurrence, wh'i ch po1 icy shall not exclude property of
LANDLORD. Bodily injury means bodily injury, sickness, or
Property
of
riod,
- l0 -
d isease sustai ned
po) i cy peri od , i nc
therefrom. Proper
destructi on o
po1 i cy peri od
ti me resu lti n
property whi c
ny person vhich occurs during the
an
nc
bya
I uditvd
gi bl
I udi
ng death, at any
amage means (l) p
e property nhi ch
ng the loss of us
ti me resu I ti ng
hysi ca1 injury to or
occurs duri ng the
e thereof at anyf use of tangi bl e
'i nj ured or destroyed
ft
,igt
hh
herefrom, or (2) loss o
as not been physically
provided such loss of use is caused by an occurrence during
the pol i cy period.
There shall be furnished to LANDLORD, prior to commencing the rork above
described a cert'i ficate of insurance shoying the issuance of insurance
po1 icies pursuant to the requirements contained in Coverages (l) and (2) of
this paragraph, which policies shall be held by TENANT and shall be delivered
to LANDLORD upon rritten request. Insurance coverage as required herein shall
be kept in force untiI a'l I work has been comp'l eted.
I re n r r h ll liv r
LAI{DLoRD upon execut'ion of this document. Insurance coverage under Coverage
(3) shall be kept in force through the term hereof. Declarations in each of
said policies shall identify the vork as being done by and for others on
property orned by LAI{DL0RD and there shall be no exclusions in any of said
policies not approved by LAiIDLoRD.
ASSIGNMENT AND SUBLETTING: TENANT shalI not sublet the whole or any
part of the LEASED PREMISES to any person or entity yhatsoever.
If not in default of any of the terms or conditions of this Lease,
and after requesting and receiving the prior yritten consent of LANDL0RD, the
TENANT may assign this Lease to any financially responsible, commercially
acceptable person or entity. TENANT shall promptly furni sh LANDLoRD with any
information vhich LANDLORD requests for the purpose of determinlng whether it
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yill consent to any proposed assignment of this Lease. LANDLoRD'S consent to
TENANT'S assignment of this Lease yiill not be unreasonably yithheld. TENANT
agrees and understands, however, that in determining vhether to consent to any
proposed assignment by TENANT of this Lease, and as a condltion precedent to
any such consent, LAIIDL0RD may consider any or all of the follori ng factors:
(l) the financial responsibi'l ity of the proposed assignee; (2) the business
character of the proposed assignee and its suitability for the LEASED
PREMISES; (3) the legality of the proposed use; and (4) the nature of the
proposed occupancy. In the event of an assignment, and unless LANDLORD, at
its sole discretion, releases TENANT therefrom, TENANT shalI rema'i n liable to
LANDLORD for the payment of al I rental hereunder and for the performance of
all covenants and conditions of the Lease applicable to TENANT. Any
assignment made by TEilANT shall be subject to the terms and condltions of this
Lease.
TAXES: TENANT agrees to reimburse LANDLoRD for any tax increase
wlthin thirty (30) days after presentation of a Bill, should (l) TENANT'S use
of the Leased Premises change the assessed valuation of the Real Estate Tax
Parcel of LANDL0RD'S property and (2) TENANT'S improvements be assessed vith
LANDLORD'S real estate interest or improvements in the same tax parcel .
RETAINED RIGH TS 0F LANDLORD: Th e rights of the LANDLORD to utilize
the Leased Premises in its utility business vill, at alI times, be and remain
paramount to the rights herein granted to TENANT by LANDL0RD and nothing
stated herein is to be construed as restricting LANDLORD from granting ri ghts
to other parties or persons in, upon or under the Leased Premises' l''lithout
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limiting the generality of the foregoing, the parties speciflcally refer to
rights relating to seyers, rater pipes and nalns, drainage tiles and pipes,
gas mai ns and pi pel i nes and other al l I ed uses.
LANDLORD at alI times, shall have free and unrestricted access for
its employes, agents, representatives, assigns or grantees to come upon the
Leased Premises either by vehicle or on foot, for the purposes of
constructl ng, instal l lng, operati ng, maintainlng, repal ring, replaci ng or
patrol Iing any or all of its facilities and equipment nor or later located
thereon.
TENAI{T hereby acknow'l edges that the LEASED PREIIISES are used from
time to time to accommodate equipment and facilities of other plpeline and
utility companies vhich are prinari ly located belov the surface of the LEASED
PREI{ISES. TENANT agrees that it yill contact the ovners of the various
pipeline and utility equipment and facilities and provide the proper
protectlon requlred by the pipelines and utilities, in connection vith the use
of the premises for the purposes set forth. TENANT further agrees to furnish
LAI{DLORD copies of the correspondence betreen the various pipelines and
utlllties and TEilANT. TENAI{T agrees that this notification applies to the
present installations and any and alI future instalIations vithin the LEASED
PRET.IISES,
This lease shalI not in any manner or to any extent Iimit or restrict
the right of LANDLORD to use or dispose of the Leased Premises as LAN0L0R0 may
in its discretion desire.
l3
EMINENT DOMAIN: If the Leased Premises, or a substantial part
thereof, or a portion which prevents use of the Leased Premises, shall be
taken or condemned by any competent authori ty for any public use or purpose,
the term of thls Iease shall end upon and not before, the date when the
possession of that part so taken shall be required for such use or purpose,
and rithout apportionment of the condemnation arard. TENANT shall have no
right to share in such ayard. Current rent shall be apportioned as of the
date of such termination. If any condemnation proceeding shall be instituted
'i n vhich it is sought to take or damage any part of the Leased Premises, or if
LANDLORD receives a request from a competent authority to condemn asking that
LANDLORD voluntary convey to such authority, for any public use or purpose,
any part of the LEASED PREI.IISES, or if the grade of any street or alley
adjacent to the Leased Premises is changed by any competent authority and such
change of grade makes it necessary to remodel the Leased Premises to conform
to the changed grade, LANDLoRD shall have the right to cancel thls lease upon
not less than nlnety days notice prior to the date of cancel Iation designated
in the notice. No money or other consideratlon shall be payable by the
LANDLORD to the TENANT for the right of cancellation and the TENANT shall have
no right to share in the condemnation ayard or in any judgment for damages
caused by the change ln grade.
TERl.lIl{ATI0t{ 0F LEASE: This Iease may be termjnated at any time by
either party hereto by giving 90 days' prior rritten notice to the other party
of such termination. The mailing of such notice in accordance with the
provisions of the Paragraph hereof entitled 'N0TICES' shall be deemed to be
suffi c ient service thereof.
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In the event default ls made in any of the covenants and agreements
herein contained to be kept by TENANT or if TENAT{T shall violate or breach any
of the terms, conditlons or provisions of this 'l ease, or if TENANT shalI
vacate or abandon the Leased Premises during the life of this 1ease, or if
LANDLORD should receive notice of an alIeged violation of any municipal or
zoning ordinances concerning TENANT'S use of the Leased Premises, or if
LANDLORD should be so ordered by any regulatory body, it shall be lawful for
LANDLORD at any time thereafter at its election, rithout notice or demand, to
declare said term ended and to re-enter the Leased Premises either nith or
rithout process of Lau to expel , remove and put out TENANT or any person or
persons occupying the Leased Premises, using such force as may be necessary so
to do and to repossess and enjoy the Leased Premises again as before this
demise vithout preJudice to any remed'i es vhich might otherrise be used for
arrears of rent or preceding breach covenants; TENANT hereby expressly waiving
all right to any notlce or demand under any statute relating to forcible entry
and detainer. The decision of LANDL0RD shall be final and bind'i ng upon TENANT
concerning any breach or default in the covenants and agreements contained in
this lease. R'ights and obligations under lndemnity clauses survive the
termination of the lease under this clause or otheryise.
EASEI{ENTS: This Lease is made subject and subordinate to the rights
previously granted by LANDLORD to the Northvest l.,later Commlssion, such having
installed equipment and facilities laid longitudinally in TENANT'S Right-of-
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Hay at this location. Consent of such Grantee(s), a copy of rhich is attached
hereto and made a part hereof, is a prerequisite to exercise of the rights
hereunder granted.
MISCELLA]iEOUS:
a) TENANT shall pay all the LAilDLoRD'S costs, charges and expenses,
including the fees of counsel , agents and others retained by LANDLORD,
lncurred by enforcing the TENANT'S obligations hereunder or incurred by the
LAI{DLORD in any Iitigation, negotiation or transaction in uhich the TENANT
causes the LANDLORD, rithout the LANDL0RD'S fault, to become involved or
concerned.
b) No waiver of any default of the TENAT{T shall be implied from any
omission by the LANDLORD to take any action on account of such default if such
default persists or be repeated, and no express vaiver shall affect any
default other than the default specified in the express uaiver and that only
for the time and to the extent therein stated; the invalidlty or
unenforceabi I I ty of any provision hereof shall not affect or impalr any other
provi si on.
c) Provisions inserted herein or affixed hereto shall not be valid
unless appearing in the duplicate original hereof held by LANDL0RD' In event
of a discrepancy, the LANDLORO'S dupl icate shalI control.
d) Headings of sections are for convenience only and do not limit or
construe the contents of the sections.
- 16 -
e) If TENANT shall occupy the Leased Premi ses prior to the beglnning
of the term of this lease vith the LANDL0RD'S consent, all the provisions of
this lease shall be in full force and effect as soon as the TENANT occupies
the Leased Premi ses.
f) By signing this agreement TENANT affirms and states that it is
not an employee of Cormonveal th Edison Company nor has any affiliated interest
in the Commonwealth Edison Company.
AUTHORITY T0 ACT: This agreement shall be executed for and on behalf
of the TENANT pursuant to a resolution adopted by the Village of Buffalo
Grove, the TENANT at a regular meeting nela ,)t l/ ! nt , 198'Z and
slgned by the officers therein designated as signatori es and attested by the
clerk of such TENANT and a certified copy of such resolution shall be attached
hereto and made a part hereof as evidence of the authority herein exercised by
the undersigned officers executing the lease.
NoTICES: All notices to LANDLoRD shalI be in writing; to
Conmonveal th Edison Company, c/o Land l,{anagement Supervisor, Real Estate
Department, P.0. Box 767, Chicago, IIIinojs 60690, or at such other place as
LANDLORD may from time-to-time designate in vriting. All notices to TENANT
shall be in rriting; addressed to TENAilT at 5l Raupp Boulevard, Buffalo Grove,
Illinois 60090, or at such other place as TENANT may from t'ime-to-time
designate in writing. The term "in rriting" shall include telegraphic,
telecopier, telex, electronic mal I or similar means of transmitting writings.
-17 -
IN NITNESS l.lHEREOF, the parties hereto have hereunto set thair hands
and seals all as of the day and year first above rritten.
LANDLORD:
COMI'.IONIiEALTH EDISON COMPANY
nagement Supervi sor
TENANT:
VILLAGE OF BUFFALO GROVE
B
Title.fA Br,"!r..."*ATTEST:
Title ll;/laoe O/.^k
(AFFIX SEAL HERE)
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LEGEND
R/W
EXHIBIT,,A,.
aa
DESPLAINES - WAUKEGAN R./W
PARCEL NO. 265
L OCATE D IN
sE r/4 sEc.28-43-[
BUFFALO GROVE , ILLINOIS
EF"{LEASEO PREXISES
DATED 1 a-t-t'9caLE: t" 2@'
YEu
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c.
8.WIDE BIKE PATH
MATCH L/NE
`l'�/LAND R
DRAINAGE STATEMENT
WE DU HEREBY STATE THAT TO THE BEST OF OUR KNOWLEDGE AND BELIEF \ _ - \ 92
THAT DRAINAGE OF SURFACE WATERS WILL NOT BE CHANGED BY THE CONSTRUC- _ -- _ _ - -- -� __ p - _ - _ -
TION OF SUCH SUBDIVISION OF ANY PART THEREOF, OR THAT IF SUCH SUR \ - \_- _ ' ' - - - - _--_ - _�
FACE WATER DRAINAGE WILL BE CHANGED, REASONABLE PROVISION HAS BEEN �I - � \ �8
MADE FOR COLLECTION AND DIVERSION OF SUCH SURFACE WATERS INTO PUBLIC
_
AREAS, OR DRAINS WHICH THE SUBDIVIDER HAS A RIGHT TO USE, AND THATSUCH SURFACE WATERS WILL BE PLANNED FOR IN ACCORDANCE WITH GENERALLY U
ACCEPTED ENGINEERING PRACTICES SO AS TO REDUCE THE LIKEHOOD OF DAMAGE
TO THE ADJOINING PROPERTY BECAUSE OF THE CONSTRUCTION OF WINDBROOKE.
74-_ -'s f E I NE ER
04)x� DEVELOPER
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DONALD MANHARD ASSOCIATES , INC. LOCATED IN
LINCOLNSHIRE CORPORATE CENTER
REGISTERED PROFESSIONAL ENGINEERS AT ROUTE 22 AND ROUTE as
300 KNIGHTSBRIDGE PARKWAY -SUITE 150 LINCOLNSHIRE. ILLINOIS 60069 312-634-1300