2003-30RESOLUTION NO. 2003- 30
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A RESOLUTION AUTHORIZING THE VILLAGE OF BUFFALO GROVE
AND COMMONWEALTH EDISON TO AMEND TWO PARKING LOT LEASES
WHEREAS, the Village of Buffalo Grove ( "Village ") and Commonwealth Edison Company ( "ComEd ")
have previously entered into a "Parking Lease" dated September 1, 1995 as authorized by Village Resolution No.
95 -62, whereby the Village leased certain property from ComEd in order to construct parking spaces for the
Wisconsin Central/Metra line; and
WHEREAS, the Village and ComEd entered into a second "Parking Lease" dated May 1, 1999 as
authorized by Village Resolution No. 99 -30 whereby the Village leased certain additional property from ComEd in
order to construct additional parking spaces for the Wisconsin Central/Metra line; and
WHEREAS, the Village has entered into an agreement with Arlington Toyota dated May 5, 2003 for the
purpose of permitting the temporary storage of passenger vehicles owned by Arlington Toyota; and
WHEREAS, in order to accommodate the temporary storage of passenger vehicles on the leased property, a
modification to the two Parking Leases is required.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
Section 1. The foregoing WHEREAS clauses are hereby made a part hereof and incorporated herein.
Section 2. Lease Supplement Number One (September 1995) attached hereto as Exhibit "A" is hereby
approved amending a Parking Lease between the Village of Buffalo Grove and Commonwealth Edison
Company.
Section 3. Lease Supplement Number One (May 1999) attached hereto as Exhibit `B" is hereby approved
amending a Parking Lease between the Village of Buffalo Grove and Commonwealth Edison Company.
Section 4. The Village President and Village Clerk are hereby authorized to execute the Lease Supplements
Number One on behalf of the Village of Buffalo Grove.
AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 — None
ABSENT: 0 — None
PASSED: Mav 5. 2003
APPROVED: May 5, 2003
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Village President
ATTEST:
Village erk
DES PLAINES — WAUKEGAN R/W
PART OF PARCEL NO 265:
SE %, SEC.27 TWP. 43 RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
P. I. N. 15-28-400-032-0000:
ComEd NORTHEASTERN REGION
LANDLORD: Commonwealth Edison Company, an Illinois Corporation
TENANT: Village of Buffalo Grove, A Municipal Corporation
ORIGINAL LEASE DATED: September 1, 1995 ("Original Lease")
LOCATION OF PREMISES: Parking facilities at 825 Commerce Court, Buffalo Grove,
Illinois 60089
LANDLORD and TENANT have entered into the Original Lease, for a
twenty year period commencing September 1, 1995, and expiring on August 31, 2015,
and LANDLORD and TENANT desire to amend the Original Lease subject to the
modifications hereinafter provided.
It is mutually agreed that the paragraph on Page 1 under "PURPOSE " of
the Original Lease is hereby deleted and amended to read as follows:
"The Leased premises are to be used for the development and use as a
commuter parking facility, and for the temporary storage of passenger vehicles owned
by commercial automobile dealerships and leasing agencies from May 6, 2003 to May
1, 2005 all insofar as permitted by law, and for no other purpose whatsoever."
It is mutually agreed that the paragraph on Page 2 under "RENT" of the
Original Lease is hereby amended to include the following addition: .
"For purposes of calculating the parking lot's average weekly occupancy
rate for the three year computational period, the vehicles owned • commercial
vehicle present on each day that they occupy the parking facility from Monday throu
Friday, except holidays." i
05/05/03
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The paragraph on page 19 of the Original Lease headed "NOTICES" is
hereby deleted and amended to read as follows:
"The Village of Buffalo Grove shall notify Com Ed when the leased
premises is being used for the storage of vehicles owned by commercial automobile
dealerships and leasing agencies. The notification shall specify the number of vehicles
stored, the duration of the storage period and the owner of the stored vehicles.
Additionally, the owner of the stored vehicles shall comply with the section on page 8 of
the ORIGINAL LEASE titled INSURANCE AND INDEMNITY.
All notices to LANDLORD shall be in writing;
COMMONWEALTH EDISON COMPANY
c/o Manager, Leasing
Real Estate Services
P.O. Box 767
Chicago, Illinois 60690
or at such other place as LANDLORD may from time -to -time designate in writing.
All notices to TENANT shall be in writing; addressed to TENANT at
Village Clerk
_r- of Buffalo Grove
Fifty •• Blvd.
Buffalo • • 008 •
or at such other place as TENANT may from time -to -time designate in writing. The
term "in- writing" shall include telegraphic, telecopier, telex, electronic mail or similar
means of transmitting writings ".
All of the terms and conditions of the Original Lease are incorporated herein
by reference and except as expressly modified by this instrument, said terms and
conditions shall remain in full force and effect.
05/05/03
I
•
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals this 5t" day of May, 2003.
F-All 0 0 :m I
By
Title
05105/03
COMMONWEALTH EDISON COMPANY
m
E. S. Haddad
Manager, Leasing
Real Estate Services
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DES PLAINES — WAUKEGAN R/W
PART OF PARCEL NO 265,266 & 267:
NW %, SEC.34 TWP. 43 RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
P. I. N. 15-34-106-003-0000, 15-34- 101 -001-
0000 & 15-34-102-001-0000:
ComEd NORTHEASTERN REGION
711 ... ... ... .
LANDLORD: Commonwealth Edison Company, an Illinois Corporation
TENANT: Village of Buffalo Grove, A Municipal Corporation
ORIGINAL LEASE DATED: May 1, 1999 ("Original Lease")
LOCATION OF PREMISES: Parking facilities at 825 Commerce Court, Buffalo Grove,
Illinois 60089
LANDLORD and TENANT have entered into the Original Lease, for a
period of sixteen years and four months commencing May 1, 1999, and expiring on
August 31, 2015, and LANDLORD and TENANT desire to amend the Original Lease
subject to the modifications hereinafter provided.
�U
I It is mutually agreed that the paragraph on Page 1 under "PURPOSE " of
the Original Lease is hereby deleted and amended to read as follows:
"The Leased premises are to be used for the development and use as a
commuter parking facility, and for the temporary storage of passenger vehicles owned
by commercial automobile dealerships and leasing agencies from May 6, 2003 to May
1, 2005 all insofar as permitted by law, and for no other purpose whatsoever."
It is mutually agreed that the paragraph on Page 2 under "RENT" • thn-
Original Lease is hereby amended to include the following addition:
"For purposes of calculating the parking lot's average weekly occ�pancy
,rcl
Ja
rate for the three year computational period, the vehicles owned • COMMe 11
automobile dealerships and leasing agencies shall be counted as one vehicle for ea,
vehicle present on each day that they occupy the parking facility from Monday throu
Friday, except holidays." I
05/05/03
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0
The paragraph on page 17 of the Original Lease headed "NOTICES" is
hereby deleted and amended to read as follows:
"The Village of Buffalo Grove shall notify Com Ed when the leased
premises is being used for the storage of vehicles owned by commercial automobile
dealerships and leasing agencies. The notification shall specify the number of vehicles
stored, the duration of the storage period and the owner of the stored vehicles.
Additionally, the owner of the stored vehicles shall comply with the section on page 8 of
the ORIGINAL LEASE titled INSURANCE AND INDEMNITY.
All notices to LANDLORD shall be in writing;
COMMONWEALTH EDISON COMPANY
c/o Manager, Leasing
Real Estate Services
P.O. Box 767
Chicago, Illinois 60690
or at such other place as LANDLORD may from time -to -time designate in writing.
All notices to TENANT shall be in writing; addressed to TENANT at
Village Clerk
• of . • Grove
Fifty •• Blvd.
Buffalo Grove, Illinois 60089-2198
or at such other place as TENANT may from time -to -time designate in writing. The
term "in- writing" shall include telegraphic, telecopier, telex, electronic mail or similar
means of transmitting writings ".
All of the terms and conditions of the Original Lease are incorporated herein
by reference and except as expressly modified by this instrument, said terms and
conditions shall remain in full force and effect.
05/05/03
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals this 5th day of May, 2003.
UIVWF�511
By
Title
05/05/03
m
E. S. Haddad
Manager, Leasing
Real Estate Services
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