2004-15•
RESOLUTION NO. 2004- 15
0
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.
STOW, 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 dated as of the date of the "Original Lease" (September
1, 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 dated as of the date of the "Original Lease" (May 1,
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.
Section 5. Upon the passage and approval of this Resolution, Resolution No. 2003 -30 passed and
approved on May 5, 2003 is hereby rescinded and the Lease Supplements approved as Exhibits to
Resolution No. 2003 -30 are hereby voided.
AYES:
NAYES:
ABSENT:
PASSED:
ATTEST:
6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling
0 — None
0 — None
June 21, 2004 .APPROVED: June 21. 2004
` \- &
Vil Clerk
APPROVED:
Village President
DesPLAINES- WAUKEGAN R/W
PARCEL: 265
SE1 /4 SEC. 27 TWP 43N RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
ComEd NORTHERN REGION
P.I.N.: 15 -28 -400 -032
LEASE SUPPLEMENT NUMBER ONE
LANDLORD: Commonwealth Edison Company, an Illinois corporation
TENANT: Village of Buffalo Grove, a municipal corporation
LEASE DATED: September 1, 1995 ( "Original Lease ")
PURPOSE: Development of and use as a commuter parking facility all insofar as permitted by
law and for no other purpose whatsoever.
LOCATION OF PREMISES: 825 Commerce Court
Buffalo Grove, Illinois
LANDLORD and TENANT have entered into the Original Lease for a period of sixteen year and
four months commencing on 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.
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.
The paragraph on Page 2 under "RENT" of the Lease dated September 1, 1995, is hereby deleted
and amended to read as follows:
"TENANT shall pay LANDLORD as rent, annually on September 1st of each year the following:
1.3 $38,739.00 for the period from September 1, 2004 to August 31, 2005;
2.) $44,909.00 per year for the period from September 1, 2005 to August 31, 2010; and
3.) $52,062.00 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 Manager of Leasing & Sales
Real Estate & Facilities
Three Lincoln Centre — 0 Floor
Oakbrook Terrace, Illinois 60181
unless otherwise designated by the LANDLORD in writing. Unpaid rent shall bear interest at 9% per annum from
the date due until paid."
The paragraph on Page 6 of the Original Lease dated headed "ENVIRONMENTAL PROTECTION'
is hereby deleted and amended to read as follows:
ENVIRONMENTAL PROTECTION
A. General. Tenant covenants and agrees that Tenant shall conduct its operations on the
Leased Premises in compliance with all applicable Environmental Laws (as hereinafter defined) and further
covenants that neither Tenant nor any member of the Tenant Group shall use, bring upon, transport, store, keep or
cause or allow the discharge, spill or release (or allow a threatened release) in each case of any Hazardous
Substances (as hereinafter defined) in, on, under or from the Leased Premises. Without limiting any other
indemnification obligations of Tenant contained herein, Tenant
hereby agrees to protect, indemnify, defend (with counsel acceptable to Landlord) and hold harmless the Indemnified
Parties from and against any and all Losses and Claims (including, without limitation, (i) reasonable attorneys' fees,
(ii) liability to third parties for toxic torts and/or personal injury claims, ( iii) fines, penalties and/or assessments
levied or raised by any governmental authority or court, and (iv) assessment, remediation and mitigation costs and
expenses and natural resource damage claims) arising out of, resulting from or connected with any Hazardous
Substances used, brought upon, transported, stored, kept, discharged, spilled or released by Tenant, any member of
the Tenant Group or any other person or entity (except for any person or entity which is an Indemnified Party) in, on,
under or from the Leased Premises. For purposes of this L ease, the term "Hazardous Substances" shall mean all
toxic or hazardous substances, materials or waste, petroleum or petroleum products, petroleum additives or
constituents or any other waste, contaminant or pollutant regulated under or for which liability may be imposed by
any Environmental Law. "Environmental Laws" shall mean all federal, provincial, state and local environmental
laws (including common law) regulating or imposing standards of care with respect to the handling, storage, use,
emitting, discharge, disposal or other release of Hazardous Substances, including, but not limited to, the Resource
Conservation and Recovery Act of 1976,42 U.S.C. §§ 6901 et seq., the Clean Air Act, 42 U.S.C. § §7401, et seq.,
the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and Community Right
to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability
Act of 1980,42 U.S.C. §§ 9601 et seq., the Toxic Substances Control Act, 15 U.S.C. § §2601, et seq., the Oil
Pollution Control Act, 33 U.S.C. § §2701, et seq., any successor statutes to the foregoing, or any other comparable
local, state or federal statute or ordinance pertaining to protection of human health, the environment or natural
resources, including without limitation the preservation of wetlands, and all regulations pertaining thereto, as well as
applicable judicial or administrative decrees, orders or decisions, authorizations or permits.
B. Wetlands. If there are wetlands on the Leased Premises, or if wetlands should develop on
the Leased Premises during the Term, Tenant shall strictly comply with and observe all applicable Environmental
Laws. At Landlord's request, Tenant, at its cost, shall furnish Landlord with a survey of the Leased Premises
delineating any wetland areas located on the Leased Premises. Under no circumstances shall Tenant change the
physical characteristics of any wetland areas located on the Leased Premises or any adjoining land or place any fill
material on any portion of the Leased Premises or adjoining land, without in each instance obtaining Landlord's prior
written consent (which may be granted or withheld in Landlord's sole discretion), and only then in compliance with
applicable Environmental Laws.
C. Notice of Violation/Release. Tenant shall provide Landlord with prompt written notice
upon Tenant's obtaining knowledge of the existence of any Hazardous Substances on, in or under the Leased
Premises in violation of Environmental Laws, or of any potential or known release or threat of release of any
Hazardous Substances affecting the Leased Premises.
D. Survival. This Section shall survive the expiration or other termination of the Lease.
"INSURANCE AND INDEMNITY" on Page 8 of the Original LEASE is hereby deleted and
amended to read as follows:
INSURANCE.
Tenant agrees to require its contractors, before commencing any 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 contractors, a policy or policies of insurance issued by insurance companies authorized to
do business in the State of Illinois 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 One Million and No /100 dollars ($1,000,000.00)
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 (with coverage consistent
with ISO CG 0001 (10/98)) covering all contractors, subcontractors and all their
subcontractors with limits not less than the combined single limit of Four
Million and No /100 Dollars ($4,000,000.00) for bodily injuries to or death of
one (1) or more persons and/or property damage sustained by one (1) or more
organizations as a result of any one (1) occurrence, which policy or policies shall
not exclude property of Landlord. Landlord shall be added as an 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,
COVERAGE #3
(i) Owners' Landlords' and Tenants' Liability Insurance Policy in the name
of Landlord as the insured, with limits of not less than the combined single limit
of Four Million and No /100 Dollars ($4,000,000.00) 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,
91
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.
(ii) As an alternative to the Owners' Landlords' and Tenants' Liability
Insurance described above, Tenant may purchase and provide a rider or an
endorsement to its existing commercial general liability policy or policies of
insurance naming Landlord as an additional insured thereunder, Endorsement
GL 2010 or CG 2010, covering the location of Landlord's Facilities including
coverage extensions for premises /products /completed operations and contractual
liability for Tenant's indemnity obligations hereunder; provided that the limits
and coverages in this alternative form of insurance are equal to or greater than
the limits and coverages specified above for the Owners' Landlords' and
Tenants' Liability Insurance Policy. Landlord reserves the unrestricted right to
approve or reject any such alternative form of insurance that may be provided by
Tenant.
(iii) Automobile Liability in an amount of not less than $1,000,000 per
occurrence combined single limit for bodily injury and property damage,
covering all owned, leased, rented or non -owned vehicles, which shall include
automobile contractual liability coverage.
Tenant may substitute lower limits for any of the policies listed above, provided
that Tenant maintains an umbrella or excess liability policy or policies which
provide a total minimum limit of $1,000,000.00 for automobile liability and
$4,000,000.00 for general liability, and that all other requirements of this
insurance clause are satisfied by such umbrella or excess policy or policies.
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 under Coverage #3 shall be kept in force through the term
hereof through the above - referred policy, or such subsequent or substitute policy or policies as Tenant
May, at its discretion, obtain. 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.
Landlord hereby reserves the right to amend, correct and change from time -to -time the
limits, coverages and forms of polices as may be required from Tenant and/or its contractors.
The paragraph on Page 19 of the Original Lease dated headed "NOTICES" is hereby
deleted and amended to read as follows:
4
"All notices to LANDLORD shall be in writing; to Commonwealth Edison Company, c/o
Manager of Leasing, Real Estate & Facilities, Three Lincoln Centre — 0 Floor, Oakbrook Terrace,
Illinois, 60181, 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, 50 Raupp Boulevard, 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.
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 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 the Lease.
IN WrrNPS§ WJflEREOF, the parties he e
---' day of , 200 _
LAND
have hereunto set their hands and seals this
Manager of Leasing
Real Estate & Facilities
TENANT:
VILLAGE OF BUFFALO GROVE
By
Title�'�'��'�/
5
•
•
DesPLAINES- WAUKEGAN R/W
PARCELS: 265, 266 & 267
NWU4 SEC. 34 TWP 43N RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
ComEd NORTBERN REGION
P.I.N.: 15-34-106-003,15-34-101-001
& 15 -34 -102 -001
LEASE SUPPLEMENT NUMBER ONE
LANDLORD: Commonwealth Edison Company, an Illinois corporation
TENANT: Village of Buffalo Grove, a municipal corporation
LEASE DATED: May 1, 1999 ( "Original Lease ")
PURPOSE: Development of and use as a commuter parking facility all insofar as permitted by
law and for no other purpose whatsoever.
LOCATION OF PREMISES: 825 Commerce Court
Buffalo Grove, Illinois
LANDLORD and TENANT have entered into the Original Lease for a period of sixteen year and
four months commencing on 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.
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.
The paragraph on Page 2 under "RENT" of the Lease dated May 1, 1999, is hereby deleted and
amended to read as follows:
"TENANT shall pay LANDLORD as rent, annually on September 1st of each year the following:
1.) $8,418.00 for the period from September 1, 2004 to August 31, 2005;
2.) $19,515.00 per year for the period from September 1, 2005 to August 31, 2010; and
3.) $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 Manager of Leasing & Sales
Real Estate & Facilities
Three Lincoln Centre — 0 Floor
Oakbrook Terrace, Illinois 60181
unless otherwise designated by the LANDLORD in writing. Unpaid rent shall bear interest at 9% per annum from
the date due until paid."
The paragraph on Page 6 of the Original Lease dated headed 'ENVIRONMENTAL PROTECTION'
is hereby deleted and amended to read as follows:
ENVIRONMENTAL PROTECTION
A. General. Tenant covenants and agrees that Tenant shall conduct its operations on the
Leased Premises in compliance with all applicable Environmental Laws (as hereinafter defined) and further
covenants that neither Tenant nor any member of the Tenant Group shall use, bring upon, transport, store, keep or
cause or allow the discharge, spill or release (or allow a threatened release) in each case of any Hazardous
Substances (as hereinafter defined) in, on, under or from the Leased Premises. Without limiting any other
indemnification obligations of Tenant contained herein, Tenant hereby agrees to protect, indemnify, defend (with
counsel acceptable to Landlord) and hold harmless the Indemnified Parties from and against any and all Losses and
Claims (including, without limitation, (i) reasonable attorneys' fees, (ii) liability to third parties for toxic torts and/or
personal injury claims, (iii) fines, penalties and/or assessments levied or raised by any governmental authority or
court, and (iv) assessment, remediation and mitigation costs and expenses and natural resource damage claims)
arising out of, resulting from or connected with any Hazardous Substances used, brought upon, transported, stored,
kept, discharged, spilled or released by Tenant, any member of the Tenant Group or any other person or entity
(except for any person or entity which is an Indemnified Party) in, on, under or from the Leased Premises. For
purposes of this Lease, the term "Hazardous Substances" shall mean all toxic or hazardous substances, materials or
waste, petroleum or petroleum products, petroleum additives or constituents or any other waste, contaminant or
pollutant regulated under or for which liability may be imposed by any Environmental Law. `Environmental Laws"
shall mean all federal, provincial, state and local environmental laws (including common law) regulating or imposing
standards of care with respect to the handling, storage, use, emitting, discharge, disposal or other release of
Hazardous Substances, including, but not limited to, the Resource Conservation and Recovery Act of 1976, 42
U.S.C. §§ 6901 et seq., the Clean Air Act, 42 U.S.C. § §7401, et seq., the Federal Water Pollution Control Act, 33
U.S.C. §§ 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., the
Toxic Substances Control Act, 15 U.S.C. § §2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § §2701, et seq.,
any successor statutes to the foregoing, or any other comparable local, state or federal statute or ordinance pertaining
to protection of human health, the environment or natural resources, including without limitation the preservation of
wetlands, and all regulations pertaining thereto, as well as applicable judicial or administrative decrees, orders or
decisions, authorizations or permits.
B. Wetlands. If there are wetlands on the Leased Premises, or if wetlands should develop on
the Leased Premises during the Term, Tenant shall strictly comply with and observe all applicable Environmental
Laws. At Landlord's request, Tenant, at its cost, shall furnish Landlord with a survey of the Leased Premises
delineating any wetland areas located on the Leased Premises. Under no circumstances shall Tenant change the
physical characteristics of any wetland areas located on the Leased Premises or any adjoining land or place any fill
material on any portion of the Leased Premises or adjoining land, without in each instance obtaining Landlord's prior
written consent (which may be granted or withheld in Landlord's sole discretion), and only then in compliance with
applicable Environmental Laws.
C. Notice of Violation/Release. Tenant shall provide Landlord with prompt written notice
upon Tenant's obtaining knowledge of the existence of any Hazardous Substances on, in or under the Leased
Premises in violation of Environmental Laws, or of any potential or known release or threat of release of any
Hazardous Substances affecting the Leased Premises.
D. Survival. This Section shall survive the expiration or other termination of the Lease.
"INSURANCE AND INDEMNITY" on Page 9 of the Original LEASE is hereby deleted and
amended to read as follows:
2
INSURANCE.
Tenant agrees to require its contractors, before commencing any 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 contractors, a policy or policies of insurance issued by insurance companies authorized to
do business in the State of Illinois 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 One Million and No/ 100 dollars ($1,000,000.00)
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 (with coverage consistent
with ISO CG 0001 (10/98)) covering all contractors, subcontractors and all their
subcontractors with limits not less than the combined single limit of Four
Million and No /100 Dollars ($4,000,000.00) for bodily injuries to or death of
one (1) or more persons and/or property damage sustained by one (1) or more
organizations as a result of any one (1) occurrence, which policy or policies shall
not exclude property of Landlord. Landlord shall be added as an 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,
COVERAGE #3
(i) Owners' Landlords' and Tenants' Liability Insurance Policy in the name
of Landlord as the insured, with limits of not less than the combined single limit
of Four Million and No /100 Dollars ($4,000,000.00) 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,
3
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.
(ii) As an alternative to the Owners' Landlords' and Tenants' Liability
Insurance described above, Tenant may purchase and provide a rider or an
endorsement to its existing commercial general liability policy or policies of
insurance naming Landlord as an additional insured thereunder, Endorsement
GL 2010 or CG 2010, covering the location of Landlord's Facilities including
coverage extensions for premises /products /completed operations and contractual
liability for Tenant's indemnity obligations hereunder; provided that the limits
and coverages in this alternative form of insurance are equal to or greater than
the limits and coverages specified above for the Owners' Landlords' and
Tenants' Liability Insurance Policy. Landlord reserves the unrestricted right to
approve or reject any such alternative form of insurance that may be provided by
Tenant.
(iii) Automobile Liability in an amount of not less than $1,000,000 per
occurrence combined single limit for bodily injury and property damage,
covering all owned, leased, rented or non -owned vehicles, which shall include
automobile contractual liability coverage.
Tenant may substitute lower limits for any of the policies listed above, provided
that Tenant maintains an umbrella or excess liability policy or policies which
provide a total minimum limit of $1,000,000.00 for automobile liability and
$4,000,000.00 for general liability, and that all other requirements of this
insurance clause are satisfied by such umbrella or excess policy or policies.
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 under Coverage #3 shall be kept in force through the term
hereof through the above - referred policy, or such subsequent or substitute policy or policies as Tenant
may, at its discretion, obtain. 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.
Landlord hereby reserves the right to amend, correct and change from time -to -time the
limits, coverages and forms of polices as may be required from Tenant and/or its contractors.
The paragraph on Page 17 of the Original Lease dated headed "NOTICES" is hereby
deleted and amended to read as follows:
4
"All notices to LANDLORD shall be in writing; to Commonwealth Edison Company, c/o
Manager of Leasing, Real Estate & Facilities, Three Lincoln Centre — 4h Floor, Oakbrook Terrace,
Illinois, 60181, 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, 50 Raupp Boulevard, 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.
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 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 the Lease.
IN WITNE S REOF, the parties h o have hereunto set their hands and seals this
5 day of _,2
7 LANDLORD:
Manager of Leasing
Real Estate & Facilities
TENANT:
VILLAGE OF BUFFALO GROVE
By
Title
5
Y
INTERCO VERN MENTAL RISK.
MANAGEMENT AGENCY
One Oakbrook'Een.ace, Suite: 412
Oakbrook Terrace, IL 00151
GENERAL 630.932.1RINIA
GENERAL FAX 630.932.7375
CLAIMS 630.932..1221
CLATNIS FAX 630.932/968
MEMBER: Village of Buffalo Grove
i 1 • •
I
CERTIFICATE OF COVERAGE
COVERAGE TERM: January 1, 2004 to January 1, 2005
This certificate is issued as a matter of information only and confers no rights upon the recipient. This certificate
does not amend, extend or alter the coverages provided to the member.
Intergovernmental Risk Management Agency (IRMA) is not an insurance company. IRMA is an Illinois
intergovernmental cooperative agency established by contracting units of local government as defined in the
Illinois Constitution of 1970 pursuant to Article VII, Section 10 thereof and Chapter 127, Section 746 of the Illinois
Compiled Statutes. IRMA administers a joint risk pool and purchases insurance, as it deems expedient.
COVERAGES: This is to certify that the coverages listed below are provided by IRMA to the member named
above for the Coverage Term indicated. This certificate is subject to all terms and conditions of the IRMA Bylaws
and Coverage Document, and any applicable contract(s) of commercial insurance.
Type of Coverage and Limits
Shall not be less than:
General Liability
Bodily Injury & Property Damage
per occurrence
Automobile Liability
Bodily Injury & Property Damage
per occurrence
$4,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
REFERENCE: Evidence of coverage for Lease Supplement Number One to lease dated May 1, 1999 for the
premises at 825 Commerce Court, Buffalo Grove. Commonwealth Edison Company is named as an additional
insured for liability arising out of the above stated Lease Supplement Number One as required therein.
TERMINATION: Should the member named above terminate its participation in IRMA prior to January 1, 2005,
notice thereof will be sent by first class mail to the party named below at the address indicated. However, failure
to mail such notice shall impose no obligation or liability upon IRMA.
Authorized Representative of Intergovernmental Risk Management Agency:
Serving Northeastern
W:r Ill inois Public .
Entities Since 1979