2009-42I
RESOLUTION NO. 2009 — 42
A RESOLUTION APPROVING THE COMMONWEALTH EDISON
RECREATIONAL LEASE AMENDMENT
WHEREAS, the Village has previously entered into a "Recreational Lease" dated May 1,
1998, which a portion of the lease premises is to be occupied by the Buffalo Grove Park District
dog park; and,
WHEREAS, the Buffalo Grove Park District has entered into a lease with Commonwealth
Edison for the construction of the dog park on a portion of the leased property; and,
WHEREAS, the Village is requesting amendment to the existing 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 amendment, a copy which is
attached hereto and made a part hereof.
AYES: 5 — Braiman, GLov er, Trilling, Stone, Sussman
NAYES: 0 —
ABSENT: 1 — Berman
PASSED: December 7 - - _ — 2009
APPROVED: December 7 .2009
APPROVED:
Village President
ATTEST:
Village erk
GAENGINEER \Ord & Res \Res09 -5.doc
AMENDMENT TO RECREATIONAL LEASE
This Amendment To Recreational Lease is made as of December 7 , 2009, by
and between, COMMONWEALTH EDISON COMPANY, an Illinois corporation (hereinafter
referred to as "Landlord "), and VILLAGE OF BUFFALO GROVE, a municipal corporation
(hereinafter referred to as "Village ").
Recitals:
A. The Landlord and the Village have previously entered into a "Recreational Lease" dated
May 1, 1998 for the "Leased Premises ", as defined therein, which Leased Premises is commonly
referred to as ComEd Parcel No's. 267 through 286 inclusive ( "Existing Village Lease "). The
Existing Village Lease provided, in part, for the construction, maintenance and use by the
Village of one 3 meter wide bike path on west side of ComEd Parcel No's. 271 and 272 pursuant
to the plans dated August 4, 1997 attached to the Lease as Exhibit "A ". The Village has
constructed one 8 foot wide bike path within the west 40 feet of ComEd Parcel No's. 271 and
272 (Village's Bike Path ").
B. The Landlord has or is about to enter into a Recreational Lease with the Buffalo Grove
Park District ( "District ") for the installation and maintenance of a Dog Park on ComEd Parcel
No's. 271 and 272 excluding from such Parcels the west 40 feet thereof within which is located
the Village's Bike Path and which is conceptually depicted (in green) on Exhibit "A -1" to the
Buffalo Grove Park District Lease.
In consideration of the following covenants and agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree that the Existing Village Lease is hereby amended by deleting from the definition of
"Leased Premises" ComEd Parcel No's. 271 and 272 but excluding therefrom the west 40 feet
thereof which is the location of the Village's Bike Path.
The Village of Buffalo Grove does hereby acknowledge and affirms that the ExistingVillage
Lease remains in full force and effect and unchanged, except as expressly amended hereby.
LANDLORD:
COMMONWEALTH EDISON COMPANY
By:
Name: Michael E. Walker
Title: Manager Real Estate & Facilities
C128808
TENANT:
VILLAGE OF BUFFALO GROVE
By: INv u 4-N L�
Name: William Brimm
Title: Village Manager
Signature of Michael E. Walker not available as of
July 9, 2010.