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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 /jm e o 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 - • a "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 Y Title Village President A \ EXISTING DR I V E WAY 16 ;. ib �I PARKWAY 90, BUSCH %00 N O. O O a n �a U D N LEGEND L co N ti N Z V U PREMISES I LEASED EM E S S WW N U. . 8 WIDE BIKE PATH O 4. o ::ry!;_;,;:. , NOT TO SCALE DATED: 1 -15 -90 w 3 ��[ - 0 0 W z � - 2 — J J F •��. S W = yl 3 = _ F' - =��iiiii �iii�i'. ='.`:i�j �iiiiti::. cr W - ''•� 140.58 �L = __ i.LIN! OF 118.1/4 OF ![0. 2T4l-11 -- - 3-33 1 .LINT OF NWV4 OF 3EC.34-4Y11 - TA II 100 T $1 NO Q __ y .. - F r- p �m x- -- - 0 - �✓ Wm m _ W,.�:: . 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