1990-12RESOLUTION NO. 90 -12
A RESOLUTION APPROVING THE COMMONWEALTH EDISON
RECREATION LEASE (BIKEPATH AND OPEN SPACE)
SUPPLEMENT NUMBER ONE
WHEREAS, a lease from Commonwealth Edison is required to properly
accommodate the Village's bikepath system; and
WHEREAS, the Village is required to approve the required recrea-
tional 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 President and Village Clerk are hereby authorized
and directed to execute the Recreational Lease Supplement which is attached
hereto and made a part thereof.
AYES: 4 - Marienthal, Glover, Reid, Shifrin
NAYES: 1 - Mathias
ABSENT: 1 - O'Mall
PASSED: April 2 , 1990
APPROVED: April 2 , 1990
APPROVED:
Village President
ATTEST:
Villa Clerk
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R /W: DES PLAINES - WAUKEGAN
PARCEL: 263, 264, 265, 266 & 267
S.E. 1/4 SEC. 28, S.W. 1/4 SEC. 27
AND THE N.W. 1/4 SEC. 34
ALL IN TWP. 43 RANGE 11
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
C.E.CO. TAX PARCEL 3844, 3848, 4055
4058 AND 4120
C.E.CO. NORTHERN DIVISION
LEASE SUPPLEMENT NUMBER ONE
LANDLORD: Commonwealth Edison Company, an Illinois Corporation
TENANT: Village of Buffalo Grove, a Municipal Corporation
LEASE DATED: June 1, 1987
PURPOSE: Installation and maintenance of an 8 -foot wide bike path, together
with the maintenance of a grass recreation area.
LOCATION OF PREMISES: Weiland Road, southeasterly to Raphael Avenue
Buffalo Grove, Illinois
Landlord and Tenant have entered into the hereinabove- mentioned Lease
for a five year period, commencing on June 1, 1987, and expiring on
May 31, 1992, and Landlord and Tenant desire to amend said Lease subject to
the modifications hereinafter provided.
MODIFICATIONS:
It is mutually agreed that the said Lease is hereby extended for an
additional period, commencing on June 1, 1992, and expiring on
April 30, 1997, unless sooner terminated as provided in said Lease.
It is further agreed that the drawing depicting the portion of
EDISON'S property leased hereunder, dated June 1, 1987, and marked Exhibit
"A ", is amended to expand the length of the bike path, to include Parcels 264,
265, 266, and a portion of 267, DesPlaines- Waukegan Right -of -Way, as depicted
on a drawing, dated January 15, 1990, attached hereto and made a part hereof,
identified as Exhibit "A -1 ".
The paragraph on Page two of the Lease dated June 1, 1987, headed
"APPROVED INSTALLATIONS OF EQUIPMENT" is hereby deleted and amended to read as
follows:
"TENANT has submitted, for LANDLORD'S approval its drawings and
plans, dated September 13, 1985, last revised April 10, 1986, and identified
as Exhibit "B" and its drawing and plan, dated February 17, 1989, last revised
March 29, 1989, and identified as Exhibit "B -1 ", showing TENANT'S use and
installation of improvements on the Leased Premises, which LANDLORD hereby
approves, on the express condition that TENANT agrees to make all
installations of equipment and utilize the Leased Premises in strict
accordance with such Exhibit "B" and Exhibit "B -1 ".
TENANT further agrees to install the bike path in the area west of
the existing driveway at Busch Parkway to avoid any conflict with facilities
and euqipment of LANDLORD, Illinois Bell Telephone Company, and Northwest
Water Commission."
The paragraph on Page fifteen of the Lease dated June 1, 1987, headed
"EASEMENTS" is hereby deleted and amended to read as follows:
- 2 -
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"This Lease is subject and subordinate to the following easements:
1.) Commonwealth Edison Company to Michigan Avenue National
Bank of Chicago, Trust No. 2139, dated July 11, 1973;
2.) Commonwealth Edison Company to Concrete Erectors, Ltd.,
Beneficiary of Trust No. 2139, dated July 11, 1973;
3.) Commonwealth Edison Company to Northern Illinois Gas
Company, dated November 22, 1976;
4.) Commonwealth Edison Company to Northwest Water Commission,
dated September 1, 1982;
5.) Commonwealth Edison Company to Village of Buffalo Grove,
dated January 26, 1988;
6.) Commonwealth Edison Company to Illinois Bell Telephone
Company, dated May 1, 1989; and
7.) Commonwealth Edison Company to North Shore Gas Company,
dated January 28, 1974, and September 1, 1989."
The following paragraph is added to the Lease dated June 1, 1987.
"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 __ APR I'L _._, i99D,
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."
All of the terms and conditions of the Lease dated June 1, 1987, are
incorporated herein by reference and except as expressly modified by this
instrument, said terms and conditions shall remain in full force and effect.
— 3 —
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals this 2nd day of April , 1990.
— 4 —
LANDLORD:
COMMONWEALTH EDISON COMPANY
B%�
Oal Estate Supervisor
Land Management
TENANT:
VILLAGE OF BUFFALO GROVE
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Title Village President
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