Loading...
2009-22RESOLUTION NO. 2009-22 A RESOLUTION APPROVING THE COMMONWEALTH EDISON RECREATION LEASE (BIKE PATH AND OPEN SPACE) AND FENCE LEASE EXTENSION WHEREAS, a lease from Commonwealth Edison is required to properly accommodate the Village's bike path system and fencing; and, WHEREAS, the Village is required to approve the required recreational lease. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, that the Village Manager is hereby authorized and directed to execute the recreational lease and fence extension, which is attached hereto and made a part hereof. AYES: 6 — Braiman Glover, Berman, Trilling, Stone, Sussman NAYES: 0 - None ABSENT: 0 - None PASSED: May 4 , 2009 APPROVED: May 4 , 2009 APPROVED: ( ;_,,; /?_1 �A-A zl�- 4 t _-:-, - I Village President ATTEST: Village Clerk C:\DOCUME —I \olsonjl\LOCALS — l \Temp\,,otesl I D21 A \Res09 -2.doc IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 4th day of May , 2009. List of Exhibits. A. Leased premise B. Fence premise B -1 Fence requirements C. Additional Requirements LANDLORD: COMMONWEALTH EDISON COMPANY 9 By Cic aggA-L-- Michael E. Walker Manger Real Estate & Facilities TENANT: VILLAGE OF BUFFALO GROVE Title Village Manager 0 DESPLAINES - WAUKEGAN R/W PARCELS: PARTS OF 254 THROUGH 267 SW '/ SEC.27, SE '/ SEC. 28 AND THE NW '/ SEC. 34 ALL IN TWP. 43N RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN LAKE COUNTY, ILLINOIS COMED NORTHERN REGION P.I.N.: 15-28- 100 - 039,15 -28 -100- 046,15 -28 -100- 033,15 -28- 200- 019,15 -28 -100 -031, 15-28- 400 - 032,15 -28- 400 - 031,15 -27- 300 - 007,15 -27- 300- 008,15- 34- 100 - 003,15 -34- 101 -041 LEASE SUPPLEMENT NUMBER THREE LANDLORD: Commonwealth Edison Company, an Illinois corporation TENANT: Village of Buffalo Grove LEASE DATED: October 16, 1987 PRIOR SUPPLEMENTS DATED: December 2, 1992 ( "Lease Supplement Number One ") and September 16, 2002 ( "Lease Supplement Number Two ") PURPOSE: The Leases Premise is to be used for the maintenance of 1 -8 foot wide recreation bike and recreational path, fence and maintenance of a open grassway recreational area, insofar as permitted by law and for no other purpose whatsoever. LOCATION OF PREMISES: Aptakisic Road, southeasterly to just south of Frank Street, all located in Buffalo Grove, Illinois LANDLORD and TENANT have entered into the hereinabove mentioned Lease for a term commencing on October 1, 1987 and expiring on September 30, 1992, which Lease Term was extended by Lease Supplement Number One to September 30, 2002, which Lease Term was extended further by Lease Supplement Number Two to September 30, 2022, and LANDLORD and TENANT desire to amend such Lease (as heretofor amended, the "Amended Lease ") subject to the modifications hereinafter provided. MODIFICATIONS: 1. Parts of Parcels 254 through 259 and 262 previously 263 through 267 (all as depicted on the drawing attached hereto as Exhibit A) are hereby added to the premises, leased under the Amended Lease. In addition, Landlord hereby leases to Tenant, for the term of the Amended Lease, the right to maintain an existing chain link fence located on previous Parcel 263 revised on Parcel 262, which is located approximately one foot east of the sidewalk along Weiland Road C129765 Q as more fully depicted on Exhibit B & B -1. In addition, additional requirements are depicted on Exhibit C attached hereto. 2. Upon execution of this Lease Supplement Number There TENANT shall pay LANDLORD a one time fee of fifteen Hundred dollar (1,500.00) for rent. ALL rent payments to be mailed to: Commonwealth Edison Company c/o Manager Revenue Real Estate & Facilities Three Lincoln Centre — 4 1 Floor Oakbrook Terrace, Illinois 60181 3. Additional Consideration. As additional and material consideration for the granting of this Lease Tenant agrees to perform, at Tenant's sole cost and expense, any and all necessary cutting and mowing of grass and weeds and removal of all debris on that portion of the Landlord's property described on Exhibit "A" attached hereto ( "Landlord's Additional Property "). Tenant shall have no rights to occupy or otherwise use Landlord's Additional Property except as is necessary to perform its obligations set forth in this Section. 4. The provision of the Amended Lease, headed "ENVIRONMENTAL PROTECTION ", as such provision has been previously amended, is hereby deleted and amended to read as follows: 5. 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 2 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. 6. The portion of the section entitled "INSURANCE AND INDEMNITY" in the Amended 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, having ratings of A -/VII or better in the Best's Key Rating Insurance Guide (latest edition in effect at the latest date stated in the Certificates of Insurance) and in a form satisfactory to Landlord as follows: COVERAGE #1 Workers' Compensation Insurance with statutory limits, as required by the state in which the work is to be performed, —and Employers' Liability Insurance with limits not less than One Million dollars ($1,000,000.00) each accident/occurrence COVERAGE #2 Commercial General Liability (CGL) Policy or Policies (with coverage consistent with ISO CG 0001 (12 04)) covering all contractors, subcontractors and all their subcontractors with limits not less than Four Million dollars ($4,000,000.00) per occurrence covering liability for bodily injury and property damage arising from premises, operations, independent contractors, personal injury/advertising injury, blanket contractual liability and products /completed operations for not less than three (3) years from the date the work is accepted. (CGL insurance includes, but is not limited to coverage for claims against Landlord for injuries to employees of Tenant and its contractors or any subcontractors) Landlord shall be added as an Additional Insured providing coverage consistent with ISO Form CG 20 26 11 85 or the combination of ISO Form CG 20 10 10 01 and CG 20 37 10 01. COVERAGE #3 Automobile Liability in an amount of not less than one million dollars ($1,000,000) per accident for bodily injury and property damage, covering all owned, leased, rented or non -owned vehicles, which shall include automobile contractual liability coverage. Policies covering contractors may substitute lower limits for any of the policies listed above, provided that Contactors maintains an umbrella or excess liability policy or policies which provide a total minimum limit of four million dollars ($4,000,000) per occurrence for general liability and one million dollars ($1,000,000) for automobile liability, and that all other requirements of this Iv insurance clause are satisfied by such umbrella or excess policy or policies. Tenant will, in any event, purchase and maintain during the term hereof; COVERAGE #4 Commercial General Liability (CGL) Insurance (with coverage consistent with ISO CG 00 01 12 04) with a limit of not less than four million dollars ($4,000,000) per occurrence covering liability for bodily injury and property damage, arising from premises, operations, independent contractors, personal injury/advertising injury, blanket contractual liability and products /completed operations (CGL insurance includes, but is not limited to coverage for claims against Landlord for injuries to employees of Tenant and its contractors or any subcontractors). Landlord shall be added as an Additional Insured providing coverage consistent with ISO Form CG 20 11 10 01 COVERAGE #5 Workers' Compensation Insurance with statutory limits, as required by the state in which the work is to be performed, —and Employers' Liability Insurance with limits not less than One Million dollars ($1,000,000.00) each accident/occurrence 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 $4,000,000.00 per occurrence for general liability, and that all other requirements of this insurance clause are satisfied by such umbrella or excess policy or policies. 5 If any work on the Leased Premises involves or includes Contractor handling, transporting, disposing, or performing work or operations with hazardous substances, contaminants, waste, toxic materials, or any potential pollutants, Tenant and /or contractors shall purchase and maintain pollution legal liability applicable to bodily injury; property damage, including loss of us of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the Leased Premises. Coverage shall be maintained in an amount of at least two million dollars ($2,000,000) per loss and aggregate. Coverage shall apply to sudden and non - sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. Landlord shall be included as an additional insured and the policy shall be primary with respect to Landlord as the additional insured. 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, #2, and #3 of this paragraph 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. All policies shall contain a provision that coverages afforded under the policies will not be canceled or material change until at least thirty (30) days prior written notice (ten (10) days in the case of nonpayment of premium) has been given to Exelon. Tenant shall provide evidence of the required insurance coverage under Coverage #4 and #5, which shall be delivered to Landlord upon execution of this document. The insurance under Coverage #4 and #5 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. Insurance coverage provided by Tenant and its contractors shall not include any of the following; any claims made insurance policies; any self- insured retention or deductible amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by Landlord; any endorsement limiting coverage available to Landlord which is otherwise required by this Article; and any policy or endorsement language that (i) negates coverage to Landlord for Landlord's own negligence, (ii) limits the duty to defend Landlord under the policy, (iii) provides coverage to Landlord only if Tenant or its contractors are negligent, (iv) permits recovery of defense costs from any additional insured, or (v) limits the scope of coverage for liability assumed under a contract. To the extent permitted by applicable Laws, all above - mentioned insurance policies shall provide the following: 0 1 (1) Be primary and non - contributory to any other insurance carried by Landlord (2) Contain cross - liability coverage as provided under standard ISO Forms' separation of insureds clause; and (3) Provide for a waiver of all rights of subrogation which Tenant's, or its Contractors' insurance carrier might exercise against Landlord; and (4) Any Excess or Umbrella liability coverage will not require contribution before it will apply 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. WAIVER OF SUBROGATION Tenant and its contractors shall waive all rights of subrogation against ComEd under those policies procured in accordance with this Lease. 7. The provision of the Amended Lease headed "NOTICES ", as such paragraph has been previously amended, is hereby deleted and amended to read as follows: INSURANCE. "All notices to LANDLORD shall be in writing; to Commonwealth Edison Company, c/o Manager Revenue, Real Estate & Facilities, Three Lincoln Centre 4th 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 c/o Village Manager, 50 Raupp Boulevard, Buffalo Grove IL, 60089, 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 ". 8. Tenant agrees to comply with Exhibit B, B -1 and Additional Requirements C. attached to this lease. 9. Tenant's Authority to Act. This Lease Supplement Number Three has been executed for and on behalf of the Tenant pursuant to a resolution adopted by the Corporate authorities of Tenant, at a regular meeting held May 4 , 2009_, and signed by the officers therein designated as signatories and attested by the clerk of Tenant. A certified copy of such resolution shall be attached to this Lease and 7 made a part hereof as evidence of the authority herein exercised by the undersigned officers executing the Lease on behalf of Tenant. 10. All of the terms and conditions of the Amended 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. [SIGNATURE PAGE TO FOLLOW] M IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of , 20 . List of Exhibits. A. Leased premise B. Fence premise B -1 Fence requirements C. Additional Requirements E LANDLORD: COMMONWEALTH EDISON COMPANY Michael E. Walker Manger Real Estate & Facilities TENANT: VILLAGE OF BUFFALO GROVE By r.Jcu -•Y• Title VUt*g AAW*"'K EXHIBIT A DRAWINGS OF PARCELS ADDED TO LEASED PREMISES UNDER THE AMENDED LEASE 10 a 11 0 040e 6Z EXHIBff"A yj W,D� 904 PA-T14 m CA,,,8Lr3RD Pai3pkg-r`/ �j I pq 010. N allP law I MTPP�Mll 4h .17, 1 1 im m Of Ar oc ZA Q.11" Old� (D 0 lop > ` -1-712J -1 Etj A H-1 SO 1 T A vjto� we PATH LA,,joLtkD PkOWTY i EXHIBIT "A -188 OES PLAINES - WAUKEGAN R/W PARCELS 264, 265. 266 8 PART 267 ..� S.E.�1 /4 SEC. 28. S.W. 1/4 SEC. 2T, FRA 6 N.W. 1/4 SEC. 34 ALL IN TWP. 43. RANGE 11 P "'"w -- BUFFALO GROVE. ILLINOIS Y Y a s 4 1 i � 5 EXHIBIT "'A" ' a °\ ' 0 rn 3 �' oba •P AV , \ I N v aD— D m ti -41 � n ti erg' Q \ DO s DO ioo� O 00 1 r i- C � SA O r 'a-, 4 PLANK 15¢, pyGR CRG\ Ipp tnp �ti} 2� '3 930 •d' �'t% � C,q ��,� `�S, o pL :fA. , • \ �o -- �� w�� (�tK� �R��1• t c �cq Boa Fvs, o c � \ s r L4 ci �a� %g` .. a`'`� ' � , �� . J• �y� acs EXHIBIT B 11 I= Boomi A LLj Ok cc lt4 1 i t !r1 R W a ± .I 1 1 "i X.t `sa- -- - • -- -- � �.� ._... lu � � -iY9� •• •� � � � K 4 W h \ b ' ' t ♦ y� iC V, •tiY�. Ot ' 1. v Ir e4 jo H 1�Ai 6 �.c tu .. u �� •� X.1 a �. • W 1 r µ � � ,q} 4.. ,y�,it_ •T�. tf - 1= '71 J7 "y r10 u - ..P V7 •y} . i — M—T ti �' r ' ON VAR[ n 3ito G�IOUN011�i�pr�*�:'1. PAP[ 0 WIN[ M7�K . �NDMO O/' Qr1T� OP[MNO . NORESt �L�N37MOA1 p*plditfler ' © Y QDIMIMr �4! s4Wtt at�1111Q C+O�MMr. pall So �CVM co~. yC M ACk1pI1pY1E� M{/ �Y71�M fTAUpNp CC711. �� OR OBIS mom Pp" Tp � A eft 9VAL s[ trit awe, K •oiom Act M jjjr A 1111,W few PMNJ.TL. TO IW U= on WE axnio►v c� n� COWA W "1"1012"1 am 17:2{ ( in 7067, RXHMIT (Page 1 of 2) Q - 1 i Ewa • e i ► ♦i ��irrrw�irr'"�����♦6� �°i t c Rom+ t Additional Requirements Exhibit "C" 1. Proposed R/W occupations cannot occur within the first fifteen (15) from the edge of our property line as this area is reserved for distribution facilities. Crossings are acceptable. 2. The path should not meander, but it can curve around structures by keeping a fifteen (15) foot spacing. 3. At all path R/W access points, the Village of Buffalo Grove must post highly visible signs within their easement indicating that motorized vehicular use of the path is prohibited. Further, the Village of Buffalo Grove must take responsibility to ensure that motorized vehicular use does not occur. 4. The path surface for the Village of Buffalo Grove's project cannot use aggregate concrete or curbs. A crushed limestone or asphalt surface is acceptable. 5. The Village of Buffalo Grove's proposed grade changes cannot exceed eight (8) inches within the right -of -way or must ensure that the existing drainage and storm water will not pool on our right -of -way or adjacent properties. 6. Any damage to ComEd's property caused by the Village of Buffalo Grove will be repaired at the Village of Buffalo Grove's expense. 7. The Village of Buffalo Grove cannot place obstructions on ComEd property that will restrict our ability to access, operate and maintain existing and future transmission and distribution facilities. 8. Stationary metal objects on the south half of the R/W under the transmission conductors should be grounded to avoid induced voltages. 9. The Village of Buffalo Grove's equipment cannot exceed fourteen (14) feet in height on the right -of -way. 10. The Village of Buffalo Grove cannot leave construction equipment and materials on ComEd Property when there is no work activity. 11. The north tower line has 2- 138,000 volt circuits, and the south tower line has 2- 345,000 volt circuits. When working in the vicinity of ComEd's electric transmission lines during the path installation, OSHA requires that a minimum twenty (20) foot working clearance distance must be maintained between the Village of Buffalo Grove's equipment and ComEd's 345,000 volt electric transmission conductors, and a minimum thirteen (13) foot working clearance distance must be maintained between the Village of Buffalo Grove's equipment and ComEd's 138,000 volt electric transmission conductors. A note to this effect should be added to all construction drawings. 12. The Village of Buffalo Grove must be made aware that the Company does use heavy equipment and cannot be responsible for any damage to the Village of Buffalo Grove's facilities that may occur due to the Company's right to access our property to operate and maintain new and existing transmission and distribution facilities. Additional Requirements Exhibit "C" 13. Upon completion of Village of Buffalo Grove's project, the Village of Buffalo Grove must remove any equipment, construction debris and material from the right -of -way and restore any other disturbed areas of the right -of -way to their pre - construction condition. 14. ComEd does not have the resources to answer requests for detailed EMF and induced voltage studies. The Village of Buffalo Grove is responsible for these requests.