2003-32RESOLUTION NO. 2003 - 32
A Resolution approving the Agreement
between the
Village of Buffalo Grove
and
Arlington Automotive Group, Inc. d /b /a Arlington Toyota
for the Use of Part of the Metra Station Parking Lot by Arlington Toyota.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
vehicles; and
storage; and
WHEREAS, the Village seeks to encourage local business and economic stability; and
WHEREAS, Arlington Toyota is in need of a larger storage location for its inventory
WHEREAS, the Village has identified space in the Metra Parking Lot available for such
WHEREAS, approval of an Agreement is required in order for Arlington Toyota to use
the available space in the Metra Parking Lot;
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
1. The Agreement between the Village of Buffalo Grove and Arlington Automotive Group, Inc.
d /b /a Arlington Toyota, which is attached hereto as exhibit A, is hereby is approved.
2. The Village Manager is authorized and directed to execute the attached Agreement on behalf
of the Village of Buffalo Grove.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: May 5 , 2003
APPROVED: May 5 , 2003
Approved:
Village President
Attest:
V11160 Clerk T
AGREEMENT
Between the
VILLAGE OF BUFFALO GROVE
and
ARLINGTON AUTOMOTIVE GROUP, INC, d/b /a ARLINGTON TOYOTA
For the Use of Part of the Metra Station Parking Lot by Arlington Toyota
THIS AGREEMENT is entered into, by and between the Village of Buffalo Grove, 50 Raupp
Boulevard, Buffalo Grove, Illinois 60089 (hereinafter referred to as "VILLAGE ") and Arlington
Automotive Group, Inc d/b /a Arlington Toyota, 935 West Dundee Road, Buffalo Grove, Illinois
60089 (hereinafter referred to as "ARLINGTON ").
NOW THEREFORE in consideration of the following agreements and covenants and other good
and valuable consideration the parties hereto agree as follows:
A.
USAGE
ARLINGTON will be permitted to use not more than 225 parking spaces (hereinafter referred to
as the "Spaces ") located at the Buffalo Grove Metra Station at 825 Commerce Court, Buffalo
Grove, Illinois 60089 (hereinafter referred to as the "Premises ") for the purpose of storing not
more than 225 of ARLINGTON'S inventory of first division motor vehicles as defined by 625
ILCS 5/1 -146 (hereinafter referred to as "Vehicles "). ARLINGTON will pay the VILLAGE a
fee of $0.75 per vehicle, per day, for use of the Spaces on Monday through Friday.
ARLINGTON may continue to use the Spaces on Saturday and Sunday but will not be charged a
fee.
The VILLAGE has entered into two lease agreements with Commonwealth Edison Company,
dated September 1, 1995, and May 1, 1999 and two Lease Supplement Number Ones thereto; a
copy of which leases and supplements (hereinafter collectively referred to as the "Lease ") are
attached hereto as Exhibit A. ARLINGTON acknowledges receipt of the Lease and agrees to be
bound by its terms.
B.
SCOPE OF USAGE
All of the terms, agreements, and conditions in the Lease are hereby made a part of this
Agreement. ARLINGTON shall take no action to cause a violation of said Lease.
ARLINGTON shall be and hereby is bound by all requirements of "TENANT" in said
Lease as set forth in the following provisions in Lease:
a) Purpose
b) Condition of Premises
C) Use of Premises
d) Environmental Protection
e) Insurance and Indemnity
f) Retained Rights of Landlord
g) Eminent Domain
h) Termination of Lease
i) Modification of Agreement Based Upon Change in Law.
2. ARLINGTON shall purchase and maintain during the term hereof "Coverage #3" as set
forth on page 10 of the Lease and shall provide for the VILLAGE as an additional
insured on said insurance policy.
3. ARLINGTON shall make no alterations or changes to the Spaces or the Premises and
shall maintain the spaces in a clean, neat, orderly and sightly condition.
4. ARLINGTON shall use only those Spaces as designated on Exhibit B, attached hereto,
and no other parking spaces or other areas of the Premises except as a means' of ingress
and egress to the Spaces. ARLINGTON shall not park, stop or store any Vehicles in the
aisles adjacent to said Spaces.
5. ARLINGTON shall be able to use the Spaces through May 1, 2005.
6. The VILLAGE shall not be responsible for any defect or change of condition of the
Spaces or the Premises or for any damage to any person, or goods or things contained
therein due to any cause except for the VILLAGE's sole negligence, willful and wanton
misconduct. ARLINGTON agrees to waive, relinquish, release and discharge all claims
and demands to indemnify, hold harmless and defend the VILLAGE and their officers,
agents, servants and employees, from any and all claims, demands and actions arising out
of, connected with, or in any way associated with use of the Spaces and the Premises or
by reason of any breach or nonperformance of any covenant herein, or ARLINGTON's
violation of any law or regulation.
7. ARLINGTON shall not operate any car carriers on the Premises. All of ARLINGTON'S
Vehicles shall be driven onto and through the premises under their own power.
8. ARLINGTON shall be able to park within the Spaces and operate within the Premises
only first division motor vehicles as defined by 625 ILCS 5/1 -146.
9. ARLINGTON has rejected the VILLAGE'S offer to install a security system to enable
ARLINGTON to monitor any ARLINGTON Vehicle inventory parked in the Spaces.
10. ARLINGTON shall not assign nor sublet the Spaces or any part thereof.
11. In event of breach of this Agreement, the VILLAGE may, with 48 hours written notice,
re -enter onto Spaces and Premises, and immediately thereupon declare this Agreement
terminated.
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C.
COMPENSATION
1 • ARLINGTON agrees to pay to the VILLAGE a fee of $0.75 per vehicle per day for use
of the spaces on Monday through Friday. No fee shall be due the VILLAGE from
ARLINGTON for use of the Spaces on Saturdays and Sundays but ARLINGTON shall
still be bound to the terms and conditions of this Agreement on Saturdays and Sundays.
2. ARLINGTON shall record the total number of Vehicles parked in. the Spaces at 8:00 a.m.
every day. A copy of said daily record shall be forwarded to the VILLAGE with
ARLINGTON's monthly payment. ARLINGTON will use this number in calculating the
monthly amount owed to the VILLAGE according to the schedule set forth above.
3. ARLINGTON shall pay the amount owed to the VILLAGE on or before the 15th day of
each month following the previous month of use.
4. ARLINGTON's monthly payments to the VILLAGE and a copy of the daily Vehicle
record should be mailed to:
VILLAGE OF BUFFALO GROVE
c/o Finance Director
50 Raupp Blvd.
Buffalo Grove, IL 60089
D.
NOTICES
All notices to VILLAGE shall be in writing to: Village of Buffalo Grove, c/o Village Manager,
50 Raupp Blvd., Buffalo Grove, Illinois, 60089, or at such other place as VILLAGE may from
time -to -time designate in writing. All notices to ARLINGTON shall be in writing to: Arlington
Toyota, 935 West Dundee Road, Buffalo Grove, Illinois 60089, or at such other place as
ARLINGTON 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.
E.
OTHER CONDITIONS
The VILLAGE or ARLINGTON may elect to terminate this Agreement at any time by
providing 24 hours prior written notice to the other party. ARLINGTON shall remove
all Vehicles from the Spaces and the Premises within 7 days after receipt of a termination
notice. If ARLINGTON fails to remove the vehicles within said time frame, the
VILLAGE will enter the Premises and remove the Vehicles at the expense of
ARLINGTON.
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2. All changes or modifications to this Agreement are subject to the written approval of the
parties hereto.
3. This Agreement shall be governed by and construed according to the laws of the State of
Illinois.
4. This Agreement supersedes any and all other agreements, oral or written, between the
parties hereto with respect to the subject matter hereof.
5. It is understood and agreed that ARLINGTON's use of the Spaces and Premises is non-
exclusive.
6. The Village agrees to indemnify, hold harmless and defend Arlington and their officers,
agents and employees from any and all claims, demands and actions arising out of the
Village of Buffalo Grove's breach or non - performance of any term and condition of the
Lease Agreements entered into between Commonwealth Edison Company and the
Village of Buffalo Grove.
7. The Village represents and warrants to Arlington that:
(a) The attached Lease is a true, correct and complete copy of the Lease between the
Village and Commonwealth Edison Company;
(b) Lease has not been amended or modified;
(c) The Village is not now, and, as of the date of this Agreement, shall not be in
default or breach of any of the provisions of the Lease; and
(d) Commonwealth Edison Company is not now, and, as of the date of this
Agreement shall not be in default or breach of any of the provisions of the Lease.
Village covenants and agrees to give notice to Arlington of any default by
Commonwealth Edison Company under the Lease of which the Village becomes aware
prior to the commencement date.
9. If any term or provision of the Agreement shall to any extent be held invalid or
unenforceable, the remaining terms and provisions of the Agreement shall not be effected
thereby, but each term and provision of the Agreement shall be valid and enforceable to
the fullest extent by law.
10. This Agreement and the respective rights and obligations of the parties hereto shall inure
to the benefit of and be binding upon the successors of the parties hereto as the parties
themselves.
11. Whenever any loss, cost, damage, or expense resulting from fire, explosion, or any other
casualty or occurrence is incurred by either of the parties to this Agreement in connection
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with the Premises, and such party is then covered in whole or in part by insurance with
respect to such loss, cost, damage, or expense, then the party so insured hereby releases
the other party from any liability it may have on account of such loss, cost, damage, or
expense to the extent of any amount recovered by reason of such insurance and waives
any right to subrogation which might otherwise exist in or accrue to any person on
account thereof, provided that such release of liability and waiver of the right of
subrogation shall not be operative in any case where the effect thereof if to invalidate
such insurance coverage or increase the cost thereof (provided that in the case of
increased costs, the other party shall have the right, within thirty (30) days following
written notice, to pay such increased cost, thereupon keeping such release and waiver in
full force and effect).
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of this
day of M } � , 2003.
ARLINGTON AUTOMOTIVE GROUP, INC.
d/b /a Arlington Toyota
By:
4/30/03 SLK
5
VILLAGE OF BUFFALO GROVE
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EXHIBIT B
ARLINGTON TOYOTA METRA PARKING AGREEMENT MAP N
N
225 Parking Stalls for Arlington Toyota R
® Unincorporated Lake County 2� 0 3� T
D Village of Buffalo Grove 300 100 H
Prepared by the Division of Planning Services, 4/22/03
600 BUSCH
DEERFIELD
1051
911/913
951
s
--
1025 1
ON
920
Q� 950
901 I 975
Exhibit A
DESPLAINES- WAUKEGAN R/W
PARCEL NO.: 265
SW1 /4, SEC 27 & NW1 /4, SEC. 34,
TWP 43 RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
C.E.CO. TAX PARCEL: 3844
C.E.CO. NORTHERN REGION
THIS LEASE, made effective September 1, 1995, by and between
COMMONWEALTH EDISON COMPANY, an Illinois Corporation (hereafter called
"LANDLORD "), and THE VILLAGE OF BUFFALO GROVE (hereafter called "TENANT "),
That LANDLORD, 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 (hereafter
called "LEASED PREMISES ") on the plat, attached hereto and made a part hereof, dated
August 30, 1995, and marked Exhibit "A ".
TERM: TO HAVE AND TO HOLD the LEASED PREMISES for the term of
TWENTY YEARS, the twenty year term to commence on September 1, 1995, and end on
August 31, 2015, unless sooner terminated as hereinafter provided.
PUHBOU: The LEASED PREMISES are to be used for the development of
and use as a commuter parking facility, all insofar as permitted by law, and for no other
purpose whatsoever.
RESTORATION OF PR()PFM: TENANT agrees that, upon termination of
this Lease and any supplementary modification and extension thereof or by expiration of-its
K •
term or otherwise, TENANT will, at its sole cost and expense, remove all personal
equipment and improvements, including blacktop, crushed stone or other surfacing
material, structures and improvements, except those towers, poles, wires and fixtures and
equipment used by LANDLORD or other public utilities. restoring and regrading the property
to its original elevation, restoring top soil and seeding the LEASED PREMISES with grass
seed.
HE�Lt: TENANT shall pay LANDLORD on September 1, 1996 the amount of
$36,201.00 for the period from September 1, 1995 to August 31, 1997, . commencing
September 1, 1997 and every September 1st thereafter TENANT shall pay the following:
1.) $33,416.00 per year for the period from September 1, 1997 to August 31, 2000;
2•) $38,739.00 per year for the period from September 1, 2000 to August 31, 2005;
3.) $44,909.00 per year for the period from September 1,
4.) $52,062.00 per year for the period from September 1, 2000 to August 31, 2015;
ALL rent payments to be mailed to:
COMMONWEALTH EDISON COMPANY
c/o Land Management Administrator
Real Estate Department
P. 0. Box 767
Chicago, Illinois 60690
unless otherwise designated by the LANDLORD in writing. Unpaid rent shall bear interest
at 9% per annum from the date due until paid.
If the parking lot occupancy rate for the third year is less the sixty -five
percent (65 %), then within 120 days after the end of the third lease year, and upon notice
from TENANT to LANDLORD, the TENANT and LANDLORD shall review and renegotiate
the rent based upon the first three -year parking lot rental history.
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CONDITION OF PRFn�ic�e: TENANT has examined the LEASED PREMISES
and knows its condition. No representations as to the condition and repair thereof, and no
agreements to make any alterations, repairs or improvements in or about the LEASED
PREMISES have been made by LANDLORD, unless contained herein.
Bj.IE6AT1ONS BY T NMI: TENANT may fill, grade, level and pave the
LEASED PREMISES for parking purposes in strict accordance with the engineering
plans prepared by Gewalt- Hamilton Associates, Inc., dated April 21, 1995, Project
No. 9427.000 Sheets CE -4, CE -5 and CE -6, all marked Exhibit "B ", attached hereto and
made a part hereof, but may not raise or lower the average elevation of the present ground
level more than eight (8) inches without LANDLORD'S prior written consent. ALL debris is
to be removed before filling and, if it is found necessary to fill low spots, only clean fill
(defined as not containing debris like gravel, concrete, tree roots and brick) will be used
before spreading of base fill underlying ,
Y g paving. No paving will be placed within a ten foot
radius of any tower leg. Paving shall be well drained, firm and solid blacktop, neat in
appearance or if previously approved by LANDLORD,. consist of other dust -free surface
materials (except concrete).
Barricades, for which plans and specifications have been previously approved
by LANDLORD, are to be installed at TENANT'S sole cost and expense on the LEASED
PREMISES to protect LANDLORD'S towers, wires, conduits and other electric equipment
and facilities now or later emplaced. Specifically, barricades will be placed around the
base of the towers or poles.
Such alterations must not create surface water drainage problems for
adjoining landowners and unforeseen problems shall be corrected by TENANT. ,,
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c
TENANT hereby agrees, in the event it performs any
grading, leveling or digging work on the LEASED PREMISES "and damages any underground
facilities, presently. located, or later located, on the LEASED PREMISES, that TENANT will
promptly reimburse LANDLORD for any and ail expense incurred for the repairing or
replacement of such damage, within 30 days after presentation to TENANT of
LANDLORD'S statement. Prior to any such work, TENANT shall call Joint Utility Locating
Information for Excavators (J.U.L.I.E.) at (800) 892 -0123.
TENANT hereby also agrees to notify EDISON'S Northern Region Right of
Way Agent on Telephone Number (708) 816 -5243, at least 48 hours prior to the
commencement of any work.
MAINT NAN F OF PR 14LSEc: TENANT will maintain the LEASED
PREMISES, together with any fences, gates, wheel stops, barricades and other
improvements located thereon, in a clean, neat, orderly and sightly condition, to
LANDLORD'S satisfaction, at all times during the term of this Lease, including cutting and
mowing of grass and weeds, if such conditions exist.
USE OF PRFnniccc: TENANT will, upon request by LANDLORD, remove or
relocate all passenger cars, and other vehicles, from the LEASED PREMISES, if
LANDLORD, in its judgment alone, considers it necessary in the furtherance and
improvement of LANDLORD'S duties to provide electric service. IF TENANT cannot, or will
not, remove or relocate such passenger cars and other vehicles, then TENANT hereby
authorizes LANDLORD to do so, and will repay LANDLORD for its expenses thereupon
incurred, upon receipt of LANDLORD'S bill. TENANT will indemnify and hold LANDLORD
harmless of all claims, loss, damage, liability and judgments, including costs and lawyer's
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F
fees, arising out of, incurred in, or in any way connected with such vehicles' removal or
relocation.
LANDLORD has the right to remove paving to construct, install, operate,
maintain, repair, or replace any electrical equipment and facilities, other than leaving a solid
and firm backfill where 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 any improvements that might be in conflict with any
future use by LANDLORD, or by any pipeline or utility company or public body, which has
been granted rights in the LEASED PREMISES by LANDLORD. TENANT agrees, that it will
cooperate with any such installation, by providing a clear path for any such construction,
and shall coordinate its use of the area with the contractors, until receiving notification in
writing thet the installation has been completed.
No advertising signs or billboards will be placed or permitted on the LEASED
PREMISES:
TENANT will not make, or permit to be made, any use of the premises
which, directly or indirectly, is forbidden by public law, ordinance or government
regulations, or which may be dangerous to life, limb or property, or which may increase
LANDLORD'S insurable risk.
No piling of any materials, including but not limited to, dirt, sand, salt, snow
(from other locations), gravel, or debris of any nature, shall be permitted on the Leased
Premises.
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A
Due to the presence of LANDLORD'S electrical wires located on the LEASED
PREMISES, no vehicles, equipment or anything else, having a height more than FOURTEEN
(14) 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 which could result in a wire to ground electrical contact or damage to
towers or poles be allowed. Such activities include, but are not limited to, flying kites or
model airplanes and driving minibikes, go carts and snowmobiles. TENANT shall post
signs prohibiting such activities.
The violation of any covenant of this Section may be restrained by
injunction.
ENVIRONMENTAL PROTE 7'tON:
Hazardous Material: During the term of the Lease, TENANT shall not, nor
shall TENANT permit others to, place, use or store upon the LEASED PREMISES any
Hazardous Material except in compliance with federal, state or local laws, statutes,
regulations, ordinances, orders, consent decrees, permits or other binding determinations
of any governmental authority relating to the protection of human health and the
environment (hereinafter collectively referred to as "Environmental Laws "). "Hazardous
Material" means any hazardous substance, toxic substance, hazardous waste, special
waste, petroleum or petroleum- derived substance or waste, asbestos or any constituent of
any such substance or waste hazardous which is or becomes regulated by any local, state
or national governmental authority.
Environmental Costs: TENANT shall bear the costs of any necessary
remediation, removal, treatment and disposal of any Hazardous Material placed or allowed
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to be placed on or in the LEASED PREMISES by TENANT.
TENANT acknowledges that LANDLORD may incur costs as a result of a
change in Law which makes the presence of any material present on the LEASED
PREMISES as of the date hereof, whether known or unknown to LANDLORD, a violation of
such new Law. TENANT agrees that any such costs incurred by LANDLORD due in whole
or in part to the activity of TENANT, for complying with such new Law shall be an
expense recoverable by LANDLORD. To the extent any such expense is subsequently
recovered or reimbursed through insurance or recovery from responsible third parties or
other action, TENANT shall be entitled to a proportionate share of such expense to which
such recovery or reimbursement relates.
Notice: Each party agrees to provide the other party with written notice;
(1 I upon such party's obtaining knowledge of any potential or known release, or threat of
release, of any Hazardous Material on or from the LEASED PREMISES or (2) upon "such
Party's receipt of any Notice of any such potential or known release or threat of release
from any governmental authority.
Reciprocal Indemnification: TENANT agrees to protect, indemnify, defend,
and hold harmless LANDLORD and its agents and employees from and against, and
promptly pay to or reimburse the LANDLORD and its agents and employees for, any
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys' and consultants' fees and expenses)
arising out of or caused by the release or threatened release of any Hazardous Material in,
to or from the LEASED PREMISES during the term of this Lease, but only to the extent that
such presence, release or threatened release is caused by TENANT and its activities on the
VA
0.
LEASED' PREMISES or any third parties other than LANDLORD, its agents, employees,
contractors, licensees or easement grantees. This indemnification obligation shall survive
the termination or expiration of this Lease. LANDLORD agrees to protect, indemnify,
defend, and hold harmless TENANT and its agents and employees from and against, and
promptly pay to or reimburse the TENANT and its agents and employees for, any liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses (including,
without limitation, reasonable attorneys' and consultants' fees and expenses) arising out
of, caused by or in any manner whatsoever connected to: (a) the breach by LANDLORD of
any environmental representation in this Lease; and (b) the presence of any Hazardous
Material on or in the LEASED PREMISES, or the release or threatened release of any
` Hazardous Material on or in the LEASED PREMISES, except to the extent that any such
presence, release or threatened release is caused during the term of this Lease by TENANT
and its activities on the LEASED PREMISES or any third parties other than LANDLORD, its
agents, employees, contractors, licensee or easement grantees. This indemnification
obligation shall survive the termination or expiration of this Lease.
INSI )RANCE AND IND,I: e NITy: TENANT shall indemnify and save harmless
LANDLORD, its officers and employees, from all claims, litigation and liability as
against them or any of them, and any costs and attorney's fees incidental thereto, on
account of injury to or death of any person or persons whomsoever, on account of damage
to any property, or on account of loss or interruption of electric service, caused by,
connected with, or in any way attributable to, the rights herein granted, or TENANT'S
failure to comply with any of the terms or condition of this Lease. TENANT shall
undertake the defense of LANDLORD, its officers and employees, in any such litigation, if
E'1
LANDLORD requests TENANT to do so.
TENANT covenants and agrees, that it will not permit or suffer any lien to be
Put upon, or arise or accrue against the LEASED PREMISES, in favor of any person or
persons, individual or corporate, furnishing either labor or material, in any work herein
proposed: TENANT further covenants and agrees to hold LANDLORD, and the LEASED
PREMISES, free from any and all liens, or rights or claims of lien, which may, or might,
arise or accrue under, or be .based upon any mechanic's lien law, so called, of the State of
Illinois, now in force or hereafter to be enacted. All contracts and agreements that may be
made by TENANT, relating to any work herein proposed, shall expressly state that the
interest and reversion of LANDLORD, in and to said LEASED PREMISES, shall be wholly
free from, and not subject to, any lien or claim of any contractor, subcontractor, mechanic,
materialman or laborer, whether based upon any law or regulation of the State of Illinois,
or any other authority, now in force or hereafter to be enacted, and TENANT also hereby
covenants and agrees, that it will not enter into any contract for such work, which shall
not, in express terms, contain the aforesaid provisions.
LANDLORD shall not be liable, or responsible, for loss or damage resulting
from LANDLORD'S use, installation, construction or maintenance of overhead or
underground electrical facilities, now or later emplaced, except through the negligence of
LANDLORD, its employees or agents.
LANDLORD. shall not be liable, or responsible, for damage caused by fire,
vandalism or other casualty, to any vehicle, equipment, 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, or employees.
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TENANT agrees to require its contractor, before commencing the work 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 policies of
insurance issued by good and responsible insurance companies and in a form satisfactory
to LANDLORD as follows:
COVERAGE #1
Workers' Compensation Insurance Policy: Coverage A - To
pay promptly when due all compensation and other benefits
required of the insured by the workers' compensation law.
Coverage B - Employers' Liability: To pay on behalf of the
insured with limits not less than $500,000 each
accident /occurrence all sums which the insured shall become
legally obligated to pay as damages because of bodily injury by
accident or disease, including death at any time resulting
therefrom. Coverage A and Coverage B will cover all
contractors, subcontractors, and their subcontractors.
COVERAGE #2
Comprehensive General Liability Policy or Policies covering all
contractors, subcontractors and all their subcontractors with
limits not less than the combined single limit of $3,000,000
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, which policy or policies shall not
exclude property of LANDLORD. Commonwealth Edison
Company, as LANDLORD, shall be added as Additional Insured
under endorsement GL 2010 ' Bodily injury means bodily
injury, sickness, or disease sustained by any person which
occurs during the policy period, including death, at any time
resulting therefrom. Property damage means (1) physical
injury to or destruction of tangible property which occurs
during the policy period, including the loss of use thereof at
any time resulting therefrom, or (2) loss of use of tangible
property which has not been physically injured or destroyed
provided such loss of use is caused by an occurrence during
the policy period.
TENANT will, in any event, purchase and maintain during the term hereof:
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COVERAGE #3
Owners' LANDLORDS' and TENANTS' Liability Insurance
Policy in the name of LANDLORD, Commonwealth Edison
Company, as the insured, with limits of not less than the
combined single limit of $3,000,000 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, which policy shall not exclude property of
LANDLORD. Bodily injury means bodily injury, sickness, or
disease sustained by any person which occurs during the
Policy period, including death, at any time resulting therefrom.
Property damage means (1) physical injury to or destruction of
tangible property which occurs during the policy period,
including the loss of use thereof at any time resulting
therefrom, or (2) loss of use of tangible property which has not
been physically injured or destroyed provided such loss of use
is caused by an occurrence during the policy period.
There shall be furnished to LANDLORD, prior to commencing the work above
described, a certificate of insurance, showing the-issuance of insurance policies, p ursuant
to the requirements contained in Coverages (1) and (2) of this paragraph, which policies
shall be held by TENANT, and shall be delivered to LANDLORD, upon written request.
Insurance coverage, as required herein, shall be kept in force, until all work has been
completed.
. The insurance coverage under Coverage (3)
shall be kept in force through the term hereof. Declarations, in each of said policies, shall
identify the work as being done by and for others, on property owned by LANDLORD, and
there shall be no exclusions in any of said policies, not approved by LANDLORD.
®SSIGNM ntT qNp Si�BL rnr�r; TENANT shall not sublet the whole or
any part of the LEASED PREMISES to any person or entity whatsoever.
11
If not in default of any of the terms or conditions of this Lease, and after
requesting and receiving the prior written consent of LANDLORD, the TENANT may assign
this Lease to any financially responsible, commercially acceptable person or entity.
TENANT shall promptly furnish LANDLORD with any information, which LANDLORD
requests, for the purpose of determining whether it will consent to any proposed
assignment of this Lease. LANDLORD'S consent to TENANT'S assignment of this Lease
will not be unreasonably withheld. TENANT agrees and understands, however, that in
determining whether to consent .to any proposed assignment by TENANT of this Lease,
and as a condition precedent to any such consent, LANDLORD may consider any or all of
the following factors: (1) the financial responsibility 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 shall remain liable to LANDLORD for the payment of all rental
hereunder and for the performance of all covenants and conditions of the Lease applicable
to TENANT. Any assignment made by TENANT shall be subject to the terms and
conditions of this Lease.
IAM: TENANT agrees to reimburse LANDLORD for any tax increase,
within thirty (30) days after presentation of a Bill, should: (1) TENANT'S use of the
LEASED PREMISES change the assessed valuation of the Real Estate Tax Parcel of
LANDLORD'S property, and (2) TENANT'S improvements be assessed with LANDLORD'S
real estate interest, or improvements, in the same tax parcel.
12
s
ZONIN AND P RIIn�TC; TENANT assumes sole responsibility for compliance
p ce
with all applicable zoning laws and ordinances, building codes and governmental
regulations. No representations are made that the premises are properly zoned for the
proposed use. This area is for additional parking only and not to fulfill any density
requirements. This Lease does not constitute the authority to seek a zoning change, to
Permit the use of the LEASED PREMISES, for the purpose stated herein.
RETAINED RI(;I�tT�OF 14ynW`n: The rights of the LANDLORD to utilize
the LEASED PREMISES in its utility business will, at all times, be and remain paramount to
the rights herein granted to TENANT by LANDLORD, and nothing stated herein is to be
construed as restricting LANDLORD from granting rights to other parties or persons in,
upon or under the LEASED PREMISES. Without limiting the generality of the foregoing, the
parties specifically refer to rights relating to sewers, water pipes and mains, drainage tiles
and pipes, gas mains and pipelines and other allied uses. However LANDLORD agrees to
provide a reasonable effort to notify TENANT of any future installations, changes or
modifications proposed on the LEASED PREMISES.
LANDLORD, at all times, shall have free and unrestricted access for its
employees, agents, representatives, assigns or grantees to come upon the LEASED
PREMISES, either by vehicle or on foot, for the purpose of constructing, installing,
operating, maintaining, repairing, replacing, or patrolling, any or all of its facilities and
equipment, now or later located thereon.
TENANT hereby acknowledges, that the LEASED PREMISES may be used,
from time to time, to accommodate equipment and facilities of other pipeline and utility
companies, which would be primarily located below the surface of the LEASWPREMISES.
13
TENANT agrees, that in any event, it will contact the owners of any such various pipeline
and utility equipment and facilities, and provide the proper protection required by the
pipelines and utilities, in connection with its use of the premises, for the purposes set
forth. TENANT further agrees, to furnish LANDLORD copies of any such correspondence,
between the various pipelines and utilities and TENANT. TENANT agrees, that this
notification applies to the present installations and any and all future installations within
the LEASED PREMISES.
This Lease shall not, in any manner or to any extent, limit or restrict the right
'of LANDLORD, to use or dispose of the LEASED PREMISES, as LANDLORD may in its
discretion, desire.
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 authority for any public use or purpose, the term of this Lease shall end
upon and not before, the date when the possession of the part so taken shall be required
for such use or purpose, and without apportionment of the condemnation award. TENANT
shall have no right to share in such award. Current rent shall be apportioned as of the date
of such termination. If any condemnation proceeding shall be instituted, in which it is
sought to take or damage any part of the LEASED PREMISES, or if LANDLORD receives a
request from a competent authority with power to condemn, asking that LANDLORD
voluntarily convey to such authority, for any public use or purpose, any part of the
LEASED PREMISES, 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,
14
. 3 . ,
LANDLORD shall have the right to cancel this Lease, upon not less than ninety days notice
prior to the date of cancellation designated in the notice. No money or other consideration
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 award, or in any judgment for
damages, caused by the change in grade.
TERMINATION OF I EASE: This Lease may be terminated at any time by
either of the parties hereto, by giving 90 days' prior written notice to the other party of
such termination. The giving of such notice, in accordance with the provisions of the
Paragraph hereof titled "NOTICES ", shall be deemed to be sufficient service thereof. In the
event this Lease is terminated, pursuant to the provisions of this paragraph, then any
rental, paid in advance, shall be prorated to the effective date of such termination, and the
unearned portion thereof, refunded to TENANT.
In the event default is made in the payment -of the rent herein reserved or
any part thereof, or in any of the covenants and agreements herein contained to be kept by
TENANT, or if TENANT shall violate or breach any of the terms, conditions or provisions of
this Lease, or if TENANT shall vacate or abandon the LEASED PREMISES during the life of
this Lease, or if LANDLORD should receive notice of an alleged violation of any Federal or
State law, or 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, without notice or demand,
to declare said term ended, the Lease terminated, and thereupon to re -enter the LEASED
PREMISES, either with or without process of law, and to expel, remove and put out
TENANT, or any person or persons occupying the LEASED PREMISES, using such force as
15
F1
s
may be necessary so to do, and to repossess and enjoy the LEASED PREMISES again as
before this demise, without prejudice to any remedies, which might otherwise be used for
arrears of rent or preceding breach covenants; TENANT hereby is expressly waiving all
right to any notice or demand, under any statute relating to forcible entry and detainer.
The decisions of LANDLORD shall be final and binding upon TENANT, concerning any
breach or default in the covenants and agreements contained in this Lease. Rights and
obligations, under indemnity clauses, survive the termination of the Lease under this clause
or otherwise.
11�IODIFf _aT�ny OF A �RFFI�AGNT G
During
the term of this lease, if any law, ordinance, rule, ruling or regulation (collectively "Laws ")
is enacted by any authority having jurisdiction over LANDLORD, which places any
additional burden on LANDLORD as a result of Lessee's use of the Property for any
purpose,°gr if the use of the property violates any Laws hereinafter enacted, then and in
such event, LANDLORD reserves the right to review and modify the terms and conditions
of this Lease to ensure that all provisions are in compliance with the Laws. Based upon
said review, LANDLORD shall have the right to modify the Lease and shall advise TENANT,
in writing, within sixty (60) days of any such change(s). TENANT shall accept the
change(s) and shall execute and return to LANDLORD a modification to the Lease
( "Modification ") within thirty (30) days after receipt thereof. If TENANT does not return
the Modification within said time period, LANDLORD, may, in its sole discretion, terminate
this Lease.
easements:
EMEMENTe: This Lease is subject and subordinate to the following
16
1) Commonwealth Edison Company to the Northwest Water Commission
dated June 1, 1982. Document Number 2175303 (Lake County).
2) Commonwealth Edison Company to the Village of Buffalo Grove dated
January 26, 1988 for two 12 -inch watermains, two 8 -inch sanitary sewers and one 42-
inch storm sewer.
3) Commonwealth Edison Company to the Village of Buffalo Grove dated
January 26, 1988 for New Commerce Court Road.
4) Commonwealth Edison Company to North Shore Gas Company dated
September 1, 1989 for one 2 -inch gas main.
5) Commonwealth Edison Company to the Village of Lake Zurich dated
April 16, 1991 for one 48 -inch sanitary sewer.
6) Commonwealth Edison Company to North Shore Gas Company dated
April 23, 1991 for one 30 -inch gas main.
IidIS o iEM:
a) TENANT shall pay all the LANDLORD'S costs, charges and expenses,
including the fees of counsel, agents and others retained by LANDLORD, incurred by
enforcing the TENANT'S obligations hereunder, or incurred by the LANDLORD in any
litigation, negotiation or transaction, in which the TENANT causes the LANDLORD, without
the LANDLORD'S fault, to become involved or concerned.
b) No receipt of money by the LANDLORD from the TENANT, after the
termination of this Lease, or after the service of any notices, or after the commencement
of any suit, or after final judgment for possession of the premises, shall renew, reinstate,
continue or extend the term of this Lease or affect any such notice, demand or suit.
17
s
C) No waiver of any default of the TENANT 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 waiver shall affect any default, other than the
default specified in the express waiver, and that only for the time and to the extent therein
stated: the invalidity or unenforceability of any provision hereof shall not affect or impair
any other provision.
d) Provisions inserted herein, or affixed hereto, shall not be valid, unless
appearing in the duplicate original hereof held by LANDLORD. In event of a discrepancy,
the LANDLORD'S duplicate shall control.
e) Headings of sections are for convenience only, and do not limit or
construe the contents of the sections.
f) If TENANT shall occupy the LEASED PREMISES, prior to the beginning of
the term of this Lease, with the LANDLORD'S consent, all the provisions of this Lease shall
be in full force and effect, as soon as the TENANT occupies the LEASED PREMISES.
g) By signing this Agreement, TENANT affirms and states that it is not an
employee of Commonwealth Edison Company, nor has any affiliated interest in the
Commonwealth Edison Company.
AUTHORITY TO 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 held SE Prgm m r F2�
--LL—, , 1995, and signed by
the officers therein designated as signatories 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 executi the Lease.
W]
All notices to LANDLORD shall be in writing: to Commonwealth
Edison Company, c/o Land Management Administrator, Real -Estate Department,
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 50 Raupp Blvd., Buffalo Grove, Illinois 60089 -2196 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.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals all as of the day and year first above written.
ATTEST: ,T
Title V 11-kAc-jE C LE .y
k:\Idmg \masters \lease \park \vilbuff. .
LANDLORD:
COMMONWEALTH EDISON COMPANY
M. R. Norris
Land Management Administrator
Real Estate Department
TENANT:
19
STATE OF ILLINOIS )
COUNTY OFPt)'?W ) SS
I, —JA Pus V. AQETE , a Notary Public, in and for said County
in the State aforesaid, do hereby certify that M. R. Norris Real Estate Manager of
COMMONWEALTH EDISON COMPANY, an Illinois Corporation, personally known to me to
be the same person whose name is subscribed to the foregoing instrument as such Real
Estate Manager of Commonwealth Edison Company appeared before me this day in person
and acknowledged that he signed and delivered the said instrument as his own free and
voluntary act and as the free and voluntary act of said company for the uses and purposes
therein set forth.
Given under my hand and notarial seal this 'P
OGT"o d , 199 day of
My Commission Expires: Not Public
"OFFICIAL SEAL"
STATE OF ILLINOIS) James Y. Abebe
) SS ftbrr POW $16 of anob
COUNTY OF } DUPIe Oou*
MY Corns '"m Expires 3/1/99
IP,�XTJi !IJ , in and for said County, in the State aforesaid, do
hereby certify that S , personally known to me to be the r pS,n,,,_,� --
of the VILLAGE OF BU ALO GROVE and -L7- m � . personally
to be the Clerk of said Village, both of whom are personally known o me to be the same e
persons whose names are subscribed to the acceptance of the foregoing instrument as
such Clerk and �&(z I �„ f' , appeared before me this day in person and
acknowledged that they signed and delivered such acceptance for and on behalf of said
Village and caused the corporate seal of said Village to be affixed thereto as their free and
voluntary act, and as the free and voluntary act of said Village for the uses and purposes
therein set forth, pursuant to a written resolution duly passed b y the
/t' /iS 1,e P '--'s of said Village on the day of and
Given under my hand and notarial seal this 2 c day of
A.D. 19
My Commission Expires: ---� A � &
A2
Notary Public
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ca EXHIBIT A
1 VOl11G se,
Leased Premises
19 56
4ob.98
CENTER
466.50 _ _.�
5- 22 -03; 2:07PM; ;630 437 2223 # 5/ 7
05/21/2003 08:53 18474597505 VILLAGE OF HUFF GRV PAGE E14/09
DES PLAINES -- WAUKEGAN RtW
PART OF PARCEL NO 265:
SE "!a, SEC.27 TWP. 43 RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
P. I. N.15- 28-400- 032 -0000:
CornEd NORTHEASTERN REGION
LEASE SUPPLEMENT NUMBER ONE (SEPT 1996)
LANDLORD: Commonwealth Edison Company, an Illinois Corporation
TENANT. \611age of Buffalo Grove, A Municipal Corporation
ORIGINAL LEASE (DATED: September 1, 1595 ("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, grid expiring on August 31, 2015,
and LANDLORD and TENANT desire to amend the Original Lease subject to the
modifications hereinafter provided.
MODIFICATIONS:
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 autvmrtobile 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 "DENT" 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 by commercial
automobile dealerships and leasing agencies shall be counted as one vehicle for each
vehicle present on each day that they occupy the parking facility from Monday through
Friday, except holidays."
05/05/03
5- 22 -03; 2:07PM; ;630 437 2223 # 6/
05/21/2009 08:53 18474597996 VILLAGE OF BUFF GRV PAGE 05/09
The paragraph on page 19 of the Original Lease headed "NOTICES" is
hereby deleted and amended to read as follows; '
wMe 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 S 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_
A►f1 notices to TENANT shall be in writing; addressed to TENANT at
Village Clerk
Village of Buffalo Grove
Fifty Raupp Blvd.
buffalo Grove, Illinois 60089 -2198
or at such other place as TENANT may from time- totime designate in writing. The
term in- writing" shall include telegraphic, teiecvpier, telex, electronic mail or similar
means of transmitting writings ". to
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.
AUTHORITY TO ACT: This agreement shall be executed for and on behalf
of the TENANT pursuant to at resolution adopted by the President and Board-of
Trustees of the TENANT at a regular meeting held on May 5, 2003 and signed by the
officers therein designated as signatories 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 this
Lease Supplement,
05/05!03
2
5- 22 -03; 2:07PM;
Q9/27/2003
M.53 18474997906
;630 437 2223 # 7/ 7
VILLAGE OF BUFF GRV PAGE 06/09
IN WITNESS WHEREOF, the parties hiereto have hereunto set their hands and
seals this 51' day of May, 2003.
ATTEST:
By
Title
05/05/03
LANDLORD:
COMMONWEALTH EDISON COMPANY
B
E. S. addad
Manager, Leasing
Real Estate Setvices
TENANT:
VILLAGE OF BUFFALO GROVE.
T'rtl
By
3
EXHIBIT B
ARLINGTON TOYOTA METRA PARKING AGREEMENT MAP
225 Parking Stalls for Arlington Toyota 0
® Unincorporated Lake County R
200 �°
o T
O Village of Buffalo Grove 300 100 H
f
---'a
Prepared by the Division of Planning Services, 4/22/03
600 BUSCN
DEERFIELD
1051
1025
9751
DESPLAINES — WAUKEGAN R/W
PART OF PARCEL NOS. 265, 266 & 267
NW %, SEC. 34, TWP. 43, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
ComEd TAX PARCELS 3844 -1, 4058 & 4055
P.I.N. 15 -34- 106 -003, 15 -34 -101 -001 &
15 -34- 102 -001
ComEd NORTHERN REGION
PARKING LEASE
THIS LEASE, made effective May 1, 1999, by and between COMMONWEALTH
EDISON COMPANY, an Illinois Corporation (hereafter called "LANDLORD "), and the VILLAGE
OF BUFFALO GROVE (hereafter collectively called "TENANT "),
WITNESSETH:
That LANDLORD, 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 (hereafter called
"LEASED PREMISES ") on the drawing, attached hereto and made a part hereof, dated
April 16, 1999, and marked Exhibit "A ".
TERM: TO HAVE AND TO HOLD the LEASED PREMISES for the term of
SIXTEEN YEARS FOUR MONTHS, the term to commence on May 1, 1999, and end on
August 31, 2015, unless sooner terminated as hereinafter provided.
PURPOSE: The LEASED PREMISES are to be used for the development of
and use as a commuter parking facility, all insofar as permitted by law, and for no other purpose
whatsoever.
RESTORATION OF PROPERTY: TENANT agrees that, upon termination of this
Lease and any supplementary modification and extension thereof or by expiration of its term or
othenNise, TENANT will, at its sole cost and expense, remove all personal equipment and
improvements, including blacktop, crushed stone or other surfacing material, structures and
improvements, except those towers, poles, wires and fixtures and equipment used by
LANDLORD or other public utilities and improvements of public entities, restoring and regrading
the property to its original elevation, restoring top soil and seeding the LEASED PREMISES
with grass seed.
RENT: TENANT agrees to pay LANDLORD upon execution of this agreement
$2,420.00, as rent for the period from May 1, 1999 to August 31, 1999, and the succeeding
installments to be paid in advance of the first day of each succeeding September of each period
the following:
1.) $14,520.00 for the period from September 1, 1999 to August 31, 2000;
2.) $16,835.00 per year for the period from September 1, 2000 to August 31, 2005;
3.) $19,515.00 per year for the period from September 1, 2005 to August 31, 2010;
and
4.) $22,625.00 per year for the period from September 1, 2010 to August 31, 2015.
ALL rent payments to be mailed to:
COMMONWEALTH EDISON COMPANY
c/o Land Management Administrator
Real Estate Services
P. 0. Box 767
Chicago, Illinois 60690
unless otherwise designated by the LANDLORD in writing. Unpaid rent shall bear interest at 9%
per annum from the date due until paid.
If the parking lot occupancy rate for the third year is less than fifty percent (50 %),
then within 120 days after the end of the third lease year, and upon notice from TENANT to
LANDLORD, the TENANT and LANDLORD shall review and renegotiate the rent based upon
the first three -year parking lot rental history.
CONDITION OF PREMISES: TENANT has examined the LEASED PREMISES
and knows its condition. No representations as to the condition and repair thereof, and no
agreements to make any alterations, repairs or improvements in or about the LEASED
PREMISES have been made by LANDLORD, unless contained herein.
2
e
ALTERATIONS BY TENANT: TENANT may fill, grade, level and pave the
LEASED PREMISES for parking purposes in strict accordance with the engineering plans
1
prepared by the Daniel Creaney Company, dated January 26, 1999, last revised March 30,
1999, Project No. 3319, sheets 1 of 10 through 10 of 10, all marked Exhibit "B ", attached hereto
and made a part hereof, but may not raise or lower the average elevation of the present ground
level more than eight (8) inches without LANDLORD'S prior written consent. ALL debris is to be
removed before filling and, if it is found necessary to fill low spots, only clean fill (defined as not
containing debris like gravel, concrete, tree roots and brick) will be used, before spreading of
base fill underlying paving. No paving will be placed within a ten foot radius of any tower leg.
Paving shall be well drained, firm and solid blacktop, neat in appearance or if previously
approved by LANDLORD, consist of other dust -free surface materials (except concrete).
Barricades, for which plans and specifications have been previously approved by
LANDLORD, are to be installed at TENANT'S sole cost and expense on the LEASED
PREMISES to protect LANDLORD'S towers, wires, conduits and other electric equipment and
facilities now or later emplaced. Specifically, barricades will be placed around the base of the
towers or poles.
Such alterations must not create surface water drainage problems for adjoining
landowners and unforeseen problems shall be corrected by TENANT.
DIGGING WORK: TENANT hereby agrees, in the event it performs any grading,
leveling or digging work on the LEASED PREMISES and damages any underground facilities,
presently located, or later located, on the LEASED PREMISES, that TENANT will promptly
reimburse LANDLORD for any and all expense incurred for the repairing or replacement of
such damage, within 30 days after presentation to TENANT of LANDLORD'S statrament. Prior
to any such work, TENANT shall call Joint Utility Locating Information for Excavators (J.U.L.I.E.)
at (800) 892 -0123.
3
TENANT hereby also agrees to notify ComEd's Northern Region Representative,
on Telephone Number (847) 816 -5243, at least 48 hours prior to -the commencement of any
work.
MAINTENANCE OF PREMISES: TENANT will maintain the LEASED
PREMISES, together with any fences, gates, wheel stops, barricades and other improvements
located thereon, in a clean, neat, orderly and sightly condition, to LANDLORD'S satisfaction, at
all times during the term of this Lease, including cutting and mowing of grass and weeds, if
such conditions exist.
USE OF PREMISES: TENANT will, upon request by LANDLORD, remove or
relocate all passenger cars, and other vehicles, from the LEASED PREMISES, if LANDLORD,
in its judgment alone, considers it necessary in the furtherance and improvement of
LANDLORD'S duties to provide electric service. IF TENANT cannot, or will not, remove or
relocate such passenger cars and other vehicles, then TENANT hereby authorizes LANDLORD
to do so, and will repay LANDLORD for its expenses thereupon incurred, upon receipt of
LANDLORD'S bill. TENANT will indemnify and hold LANDLORD harmless of all claims, loss,
damage, liability and judgments, including costs and lawyer's fees, arising out of, incurred in, or
in any way connected with such vehicles' removal or relocation.
LANDLORD has the right to remove paving to construct, install, operate,
maintain, repair, or replace any electrical equipment and facilities, other than leaving a solid and
firm backfill where 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 any improvements that might be in conflict, with any future use
by LANDLORD, or by any pipeline or utility company or public body, which has been granted
rights in the LEASED PREMISES by LANDLORD. TENANT agrees, that it will cooperate with
ld
any such installation, by providing a clear path for. any such construction, and shall coordinate
its use of the area with the contractors, until receiving notification in writing that the installation
has been completed.
PREMISES.
No advertising signs or billboards will be placed or permitted on the LEASED
TENANT will not make, or permit to be made, any use of the premises which,
directly or indirectly, is forbidden by public law, ordinance or government regulations, or which
may be dangerous to life, limb or property, or which may increase LANDLORD'S insurable risk.
TENANT agrees, in further consideration for granting this Lease, that TENANT
will allow LANDLORD and its representatives, employees, agents and contractors, the right and
permission, to come upon and use any portion of TENANT'S adjoining property, in order that
LANDLORD may have free and unrestricted ingress and egress to LANDLORD'S facilities, at
all times, during the term of this agreement or any extension thereof.
No piling of any materials, including but not limited to, dirt, sand, salt, snow (from
other locations), gravel, or debris of any nature, shall be permitted on the Leased Premises.
Due to the presence of LANDLORD'S electrical wires located on the LEASED
PREMISES, no vehicles, equipment or anything else, having a height more than FOURTEEN
(14) 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 which could result in a wire to ground electrical contact or damage to towers or poles be
allowed. Such activities include, but are not. limited to, flying kites or model airplanes and
driving minibikes, go carts and snowmobiles. TENANT shall post signs prohibiting such
activities.
The violation of any covenant of this Section may be restrained by injunction.
5
ENVIRONMENTAL PROTECTION: Hazardous Material: During the term of the
Lease, TENANT shall not permit the LEASED PREMISES to contain, be used to store or
otherwise be used to handle Hazardous Material except in compliance with federal, state or
local laws, statutes, regulations, ordinances, orders, consent decrees, permits or other binding
determinations of any governmental authority relating to the protection of human health and the
environment (hereinafter collectively referred to as "Environmental Laws "). "Hazardous
Material" means any hazardous substance, toxic substance, hazardous waste, special waste,
petroleum or petroleum- derived substance or waste, asbestos or any constituent of any such
substance or waste hazardous which is or becomes regulated by any local, state or national
governmental authority.
Environmental Costs: TENANT shall bear the costs of any necessary
remediation, removal, treatment and disposal of any Hazardous Material placed or allowed to
be placed on or in the LEASED PREMISES by TENANT.
TENANT acknowledges that LANDLORD may incur costs as a result of a
change in Law which makes the presence of any material present on the LEASED PREMISES
as of the date hereof, whether known or unknown to LANDLORD, a violation of such new Law.
TENANT agrees that any such costs incurred by LANDLORD due in whole or in part to the
activity of TENANT, for complying with such new Law shall be an expense recoverable by
LANDLORD. To the extent any such expense is subsequently recovered or reimbursed
through insurance or recovery from responsible third parties or other action, TENANT shall be
entitled to a proportionate share of such expense to which such recovery or reimbursement
relates.
Notice: Each party agrees to provide the other party with written notice;. (1) upon
such party's obtaining knowledge of any potential or known release, or threat of release, of any
Hazardous Material on or From the LEASED PREMISES or (2) upon TENANT'S receipt of any
Notice of any such potential or known release or threat of release from any governmental
authority.
Reciprocal Indemnification: TENANT agrees to protect, indemnify, defend, and
hold harmless LANDLORD and its agents and employees from and against, and promptly pay
to or reimburse the LANDLORD and its agents and employees for, any liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses (including, without limitation,
reasonable attorneys' and consultants' fees and expenses) arising out of or caused by the
release or threatened release of any Hazardous Material in, to or from the LEASED PREMISES
during the term of this. Lease, but only to the extent that such presence, release or threatened
release is caused by TENANT and its activities on the LEASED PREMISES or any third parties
other that LANDLORD, its agents, employees, contractors, licensees or easement grantees.
This indemnification obligation shall survive the termination or expiration of this Lease.
LANDLORD agrees to protect, indemnify, defend, and hold harmless TENANT and its agents
and employees from and against, and promptly pay or reimburse the TENANT and its agents
and employees for, any liabilities, obligations, claims, damages, penalties, causes of action,
costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees
and expenses) arising out of, caused by or in any manner whatsoever connected to: (a) the
breach by LANDLORD of any environmental representation in this Lease; and (b) the presence
of any Hazardous Material on or in the LEASED PREMISES, or the release or threatened
release of any Hazardous Material on or in the LEASED PREMISES, except to the extent that
any such presence, release or threatened release is caused during the term of this LEASE by
TENANT and its activities on the LEASED PREMISES or by third parties other than
LANDLORD, its agents, employees, contractors, licensees or easement grantees. This
indemnification obligation shall survive the termination or expiration of this Lease.
7'
INSURANCE AND INDEMNITY: TENANT shall indemnify and save harmless
LANDLORD, its officers and employees, from all claims, litigation and liability asserted against
them or any of them, and any costs and attorney's fees incidental thereto, on account of injury
to or death of any person or persons whomsoever, on account of damage to any property, or on
account of loss or interruption of electric service, caused by, connected with, or in any way
attributable to, the rights herein granted, or TENANT'S failure to comply with any of the terms or
condition of this Lease. TENANT shall undertake the defense of LANDLORD, its officers and
employees, in any such litigation, if LANDLORD requests TENANT to do so.
TENANT covenants and agrees, that it will not permit or suffer any lien to be put
upon, or arise or accrue against the LEASED PREMISES, in favor of any person or persons,
individual or corporate, furnishing either labor or material, in any work herein proposed:
TENANT further covenants and agrees to hold LANDLORD, and the LEASED PREMISES, free
from any and all liens, or rights or claims of lien, which may, or might, arise or accrue under, or
be based upon any mechanic's lien law, so called, of the State of Illinois, now in force or
hereafter to be enacted. All contracts and agreements that may be made by TENANT, relating
to any work herein proposed, shall expressly state that the interest and reversion of
LANDLORD, in and to said LEASED PREMISES, shall be wholly free from, and not subject to,
any lien or claim of any contractor, subcontractor, mechanic, materialman or laborer, whether
based upon any law or regulation of the State of Illinois, or any other authority, now in force or
hereafter to be enacted, and TENANT also hereby covenants and agrees, that it will not enter
into any contract for such work, which shall not, in express terms, contain the aforesaid
provisions.
LANDLORD shall not be liable, or responsible, for loss or damage fesulting from
LANDLORD'S use, installation, construction or maintenance of overhead or underground
W
electrical facilities, now or later emplaced, except through the negligence of LANDLORD, its
employees or agents.
LANDLORD shall not be liable, or responsible, for damage caused by fire,
vandalism or other casualty, to any vehicle, equipment, 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, or employees.
TENANT agrees to require its contractor, before commencing the work 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 policies of insurance issued
by good and responsible insurance companies and in a form satisfactory to LANDLORD as
follows:
COVERAGE #1
Workers' Compensation Insurance Policy: Coverage A - To pay
promptly when due all compensation and other benefits required
of the insured by the workers' compensation law. Coverage B -
Employers' Liability: To pay on behalf of the insured with limits
not less than $500,000 each accident/occurrence all sums which
the insured shall become legally obligated to pay as damages
because of bodily injury by accident or disease, including death at
any time resulting therefrom. Coverage A and Coverage B will
cover all contractors, subcontractors, and their subcontractors.
COVERAGE #2
Comprehensive General Liability Policy or Policies covering all
contractors, subcontractors and all their subcontractors with limits
not less than the combined single limit of $3,000,000 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, which policy or policies shall not exclude property
of LANDLORD. Commonwealth Edison Company, as
LANDLORD, shall be added as Additional Insured under
endorsement GL 2010. Bodily injury means bodily injury,
sickness, or disease sustained by any person which occurs during
the policy period, including death, at any time resulting therefrom.
Property damage means (1) physical injury to or destruction of
tangible property which occurs during the policy period, including
the loss of use thereof at any time resulting therefrom, or (2) loss
9
of use of tangible property which has not been physically injured
or destroyed provided such loss of use is caused by an
occurrence during the policy period.
TENANT will, in any event, purchase and maintain during the term hereof:
COVERAGE #3
Owners' Landlords' and Tenants' Liability Insurance Policy in the
name of LANDLORD, Commonwealth Edison Company, as the
insured, with limits of not less than the combined single limit of
$3,000,000 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, which policy shall not exclude
property of LANDLORD. Bodily injury means bodily injury,
sickness, or disease sustained by any person which occurs during
the policy period, including death, at any time resulting therefrom.
Property damage means (1) physical injury to or destruction of
tangible property which occurs during the policy period, including
the loss of use thereof at any time resulting therefrom, or (2) loss
of use of tangible property which has not been physically injured
or destroyed provided such loss of use is caused by an
occurrence during the policy period.
There shall be furnished to LANDLORD, prior to commencing the work above
described, a certificate of insurance, showing the issuance of insurance policies, pursuant to
the requirements contained in Coverages (1) and (2) of this paragraph, which policies shall be
held by TENANT, and shall be delivered to LANDLORD, upon written request. Insurance
coverage, as required herein, shall be kept in force, until all work has been completed.
The original policy required under Coverage (3) shall be delivered to LANDLORD
upon execution of this document. The insurance coverage under Coverage (3) shall be kept in
force through the term hereof. Declarations, in each of said policies, shall identify the work as
being done by and for others, on property owned by LANDLORD, and there shall be no
exclusions in any of said policies, not approved by LANDLORD.
ASSIGNMENT AND SUBLETTING: TENANT shall not sublet the whole or any
part of the LEASED PREMISES to any person or entity whatsoever.
10
If not in default of any of the terms or conditions of this Lease, and after
requesting and receiving the prior written consent of LANDLORD, the TENANT may assign this
Lease to any financially responsible, commercially acceptable person or entity. TENANT shall
promptly furnish LANDLORD with any information, which LANDLORD requests, for the purpose
of determining whether it will consent to any proposed assignment of this Lease. LANDLORD'S
consent to TENANT'S assignment of this Lease will not be unreasonably withheld. TENANT
agrees and understands, however, that in determining whether to consent to any proposed
assignment by TENANT of this Lease, and as a condition precedent to any such consent,
LANDLORD may consider any or all of the following factors: (1) the financial responsibility 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 shall remain liable to LANDLORD for the
payment of all rental hereunder and for the performance of all covenants and conditions of the
Lease applicable to TENANT. Any assignment made by TENANT shall be subject to the terms
and conditions of this Lease.
TAXES: TENANT agrees to reimburse LANDLORD for any tax increase, within
thirty (30) days after presentation of a Bill, should: (1) TENANT'S use of the LEASED
PREMISES change the assessed valuation of the Real Estate Tax Parcel of LANDLORD'S
property, and (2) TENANT'S improvements be assessed with LANDLORD'S real estate
interest, or improvements, in the same tax parcel.
ZONING AND PERMITS: TENANT assumes sole responsibility for compliance
with all applicable zoning laws and ordinances, building codes and governmental regulations.
No representations are made that the premises are properly zoned for the proposed use. This
area is for additional parking only and not to fulfill any density requirements. This Lease does
11
not constitute the authority to seek a zoning change, to permit the use of the LEASED
PREMISES, for the purpose stated herein.
RETAINED RIGHTS OF LANDLORD: The rights of the LANDLORD to utilize
the LEASED PREMISES in.its utility business will, at all times, be and remain paramount to the
rights herein granted to TENANT by LANDLORD, and nothing stated herein is to be construed
as restricting LANDLORD from granting rights to other parties or persons in, upon or under the
LEASED PREMISES. Without limiting the generality of the foregoing, the parties specifically
refer to rights relating to sewers, water pipes and mains, drainage tiles and pipes, gas mains
and pipelines and other allied uses. However LANDLORD agrees to provide a reasonable
effort to notify TENANT of any future installations, changes or modifications proposed on the
LEASED PREMISES.
LANDLORD, at all times, shall have free and unrestricted access for its
employees, agents, representatives, assigns or grantees to come upon the LEASED
PREMISES, either by vehicle or on foot, for the purpose of constructing, installing, operating,
maintaining, repairing, replacing, or patrolling, any or all of its facilities and equipment, now or
later located thereon.
TENANT hereby acknowledges, that the LEASED PREMISES may be used,
from time to time, to accommodate equipment and facilities of other pipeline and utility
companies, which would be primarily located below the surface of the LEASED PREMISES.
TENANT agrees, that in any event, it will contact the owners of any such various pipeline and
utility equipment and facilities, and provide the proper protection required by the pipelines and
utilities, in connection with its use of the premises, for the purposes set forth. TENANT further
agrees, to furnish LANDLORD copies of any such correspondence, between the various
pipelines and utilities and TENANT. TENANT agrees, that this notification applies to the
present installations and any and all future installations within the LEASED PREMISES.
12
This Lease shall not, in any manner or to any extent, limit or restrict the right of
LANDLORD, to use or dispose of the LEASED PREMISES, as LANDLORD may in its
discretion, desire.
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 authority for any public use or purpose, the term of this Lease shall end upon and
not before, the date when the possession of the part so taken shall be required for such use or
purpose, and without apportionment of the condemnation award. TENANT shall have no right
to share in such award. Current rent shall be apportioned as of the date of such termination. If
any condemnation proceeding shall be instituted, in which it is sought to take or damage any
part of the LEASED PREMISES, or if LANDLORD receives a request from a competent
authority with power to condemn, asking that LANDLORD voluntarily convey to such authority,
for any public use or purpose, any part of the LEASED PREMISES, 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 this Lease, upon not less than ninety
days notice, prior to the date of cancellation designated in the notice. No money or other
consideration 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 award, or in any judgment
for damages, caused by the change in grade.
TERMINATION OF LEASE: This Lease may be terminated at any time by either
of the parties hereto, by giving 90 days' prior written notice to the other party of such
termination. 'The giving of such notice, in accordance with the provisions of the Iiragraph
hereof titled "NOTICES ", shall be deemed to be sufficient service thereof. In the event this
Lease is terminated, pursuant to the provisions of this paragraph, then any rental, paid in
13
advance, shall be prorated to the effective date of such termination, and the unearned portion
thereof, refunded to TENANT.
In the event default is made in the payment of the rent herein reserved or any
Part thereof, or in any of the covenants and agreements herein contained to be kept by
TENANT, or if TENANT shall violate or breach any of the terms, conditions or provisions of this
Lease, or if TENANT shall vacate or abandon the LEASED PREMISES during the life of this
Lease, or if LANDLORD should receive notice of an alleged violation of any Federal or State
law, or 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, without notice or demand, to declare said
term ended, the Lease terminated, and thereupon to re -enter the LEASED PREMISES, either
with or without process of law, and 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, without
prejudice to any remedies, which might otherwise be used for arrears of rent or preceding
breach covenants; TENANT hereby is expressly waiving all right to any notice or demand,
under any statute relating to forcible entry and detainer. The decisions of LANDLORD shall be
final and binding upon TENANT, concerning any breach or default in the covenants and
agreements contained in this Lease. Rights and obligations, under indemnity clauses, survive
the termination of the Lease under this clause or otherwise.
MODIFICATION OF AGREEMENT BASED UPON CHANGE IN LAW: During the
term of this Lease, if any law, ordinance, rule, ruling or regulation (collectively "Laws ") is
enacted by any authority have jurisdiction over LANDLORD, which places any additional burden
on LANDLORD as a result of TENANT'S use of the Leased Premises for any purpose, or if the
use of the Leased Premises violates, any Laws hereinafter enacted, then and in such event,
14
LANDLORD reserves the right to review and modify the terms and conditions of this Lease to
ensure that all provisions are in compliance with the Laws. Based upon said review,
LANDLORD shall have the right to modify the Lease and shall advise TENANT, in writing,
within sixty (60) days of any such changes(s). TENANT shall accept the change(s) and shall
execute and return to LANDLORD a modification to the Lease ( "Modification ") within thirty (30)
days after receipt thereof. If TENANT does not return the Modification within said time period,
LANDLORD, may, in its sole discretion, terminate this lease.
easements:
EASEMENTS: This Lease is subject and subordinate to the following.
1) ComEd to Northern Illinois Gas Company, dated November 22, 1976, for 1- 4
inch gas main.
2) ComEd to the Northwest Water Commission, dated June 1, 1982, Document
Number 2175303, Lake County.
3) ComEd to the Village of Buffalo Grove, dated January 26, 1988, for 2 -12 inch
water mains, 2 -8 inch sanitary sewers and 1 -42 inch storm sewer.
4) ComEd to North Shore Gas Company, dated September 1, 1989, for 1 -2 inch
gas main.
5) ComEd to the Village of Lake Zurich, dated April 16, 1991, for 1 -48 inch
sanitary sewer.
6) ComEd to the North Shore Gas Company, dated April 23, 1991, for 1 -30 inch
gas main.
MISCELLANEOUS:
a) TENANT shall pay all the LANDLORD'S costs, charges and expenses,
including the fees of counsel, agents and others retained by LANDLORD, incurred by enforcing
the TENANT'S obligations hereunder, or' incurred by the LANDLORD in any litigation,
15
negotiation or transaction, in which the TENANT causes the LANDLORD, without the
LANDLORD'S fault, to become involved or concerned.
b) No receipt of money by the LANDLORD from the TENANT, after the
termination of this Lease, or after the service of any notices, or after the commencement of any
suit, or after final judgment for possession of the premises, shall renew, reinstate, continue or
extend the term of this Lease or affect any such notice, demand or suit.
C) No waiver of any default of the TENANT 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 waiver shall affect any default, other than the default specified in the
express waiver, and that only for the time and to the extent therein stated. the invalidity or
unenforceability of any provision hereof shall not affect or impair any other provision.
d) Provisions inserted herein, or affixed hereto, shall not be valid, unless
appearing in the duplicate original hereof held by LANDLORD. In event of a discrepancy, the
LANDLORD'S duplicate shall control.
e) Headings of sections are for convenience only, and do not limit or construe
the contents of the sections.
f) If TENANT shall occupy the LEASED PREMISES, prior to the beginning of the
term of this Lease, with the LANDLORD'S consent, all the provisions of this Lease shall be in
full force and effect, as soon as the TENANT occupies the LEASED PREMISES.
g) By signing this Agreement, TENANT affirms and states that it is not an
employee of Commonwealth Edison Company, nor has any affiliated interest in the
Commonwealth Edison Company.
AUTHORITY TO 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 held
,, C , 1999, and signed by the officers therein designated
16
as signatories 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 shall be in writing: to Commonwealth
Edison Company, c/o Land Management Administrator, 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 50 Raupp Blvd.,
Buffalo Grove, Illinois 60089 — 2196, 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.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals all as of the day and year first above written.
LANDLORD:
T. Oliver Butler
Vice President
TENANT:
VILLAGE OF BUFFALO GROVE
By
Title
N
ATTEST:
Title V 1 LL a,T'-- C LSKYC
K:\ LDMG\ABETE \DOCUMENT\LAKE\BUFFALO GROVE ADDL PARKING.DOC
17
5- 22 -03; 2:07PM; ;630 437 2223 # 2/ 7
05/211200? 09:53 19474597505 VILLAGE OF BUFF GRV PAGE 07109
DES PLAINES WAUKEGAN R/W
PART OF PARCEL NO 265,266 & 267:
NW 1, SEC.34 TWP. 43 RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
P. L N. 15-34-106-003-0000,16-34-10 1 -00 1
0000 & 15-34-102- 001 -0000:
ComEd NORTHEASTERN REGION
LEASE SkLPPLEMENT NUMBER ONE-WAY 19991
LANDLORD: Commonwealth Edison Campany, an Illinois Corporation
TENANT: lrllage of Buffalo Grove, A Municipal Corporation
ORIGINAL LEASE DATED: May 1, 1999 („Original Lease ")
LOCATION OF PREMI$ES: 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, 2016, and LANDLORD and TENANT desire to amend the Original Lease
subject to the modifications hereinafter provided.
MODIFICATIONS:
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 "TRENT' of the
Original Lease is hereby amended to include the follovi ing addition:
"For purposes of calculating the parking lot's average weekly occupancy
rate for the three year computational period, the vehicles owned by commercial
automobile dealerships and leasing agencies shall be counted as one vehicle for each
vehicle present on each day that they occupy the parking facility from Monday through
Friday, except holidays."
05/d5M.4
5- 22 -03; 2:07PM; ;630 437 2223 # 3/
05/21/2003 08:53 18474597906 VILLAGE OF BUFF GRV pp 0g3/
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 nofrfication 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.C. Cox 767
Chicago, Illinois 601690
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
Village of Buffalo Grove
Pixy Raupp Blvd.
Buffalo Grove, Illinois 60089 -z19s
or at such other place as TENANT may from time-to- irne designate in writing_ The
term "in-writing" shall include telegraphic, teleoopier, telex, electronic snail or similar
means of transmitting writings".
All of the germs and conditions of the Original Lease are incorporated herein
by reference and except as expressly modified by this instrument, said temps and
conditions shall remain in full force and effect.
AUTHORITY TO ACT: This agreement shall be executed for and on behalf
of the TENANT pursuant to a resolution adopted by the President and Board of
Trustees of the TENANT at a regular meeting held on May 5, 2003 and signed by the
officers therein designated as signatories and attested by the Clerk of such TENANT
and a certified copy of such resolution shall be attached hereto and Trade a part hereof
as evidence of the authority herein exercised by the undersigned officers executing this
(Lease Supplement.
45105/43
F
•
5- 22 -03; 2 ;07PM;
05/21/2003 08:53 18474597906 ;630 437 2223 # 4/ 7
VILLAGE OF BUFF GRV PAGE Q9/09
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals this 5�h day Of May, 2003.
ATTEST:
By
Title
os OV03
LANDLORD_
COMMONWEALTH EDISON COMPANY
By
E. S. added
Manager, Leasing
Real Estates Services
TENANT:
VILLAGE OF BUFFALO GROVE
Title vt�i rsr -r�, pn"pa6j�,
By
3.