1995-62RESOLUTION NO. 95-
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AUTHORIZING THE VILLAGE OF BUFFALO GROVE
TO ENTER INTO A PARKING LEASE WITH
COMMONWEALTH EDISON COMPANY
WHEREAS, the Village of Buffalo Grove is a Home Rule unit by virtue of the
provisions of the Constitution of the State of Illinois .of 1970; and,
WHEREAS, in order to provide vehicular parking for commuter rail users of the
Wisconsin Central /Metra Line beginning service in July 1996, the Village must lease
certain property from Commonwealth Edison Company in order to construct 356
parking spaces; and,
WHEREAS, the attached parking lease contains the terms and conditions by
which the Village will lease property from Commonwealth Edison Company.
NOW, ,THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the Village hereby
authorizes acceptance of the terms and conditions of the parking lease between the
Village of Buffalo Grove and Commonwealth Edison Company.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 None
ABSENT: 0 - None
PASSED: September 11, 1995
ATTEST:
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APPROVED: September 11, 1995
APPROVED:
)NEY-TF MATHIAS, Village President
Commonwealth EjMW Company
125 South Clark SW If
P.O. Box 767
Chicago, IL 60690 -0767
October 27, 1995
Mr. Lee Szymborski
Assistant Village Manager
Village of Buffalo Grove
Fifty Raupp Blvd.
Buffalo Grove, IL 60089 -2196
RE: Metra- Parking Lease on
Parcel 265 of the
DesPlaines- Waukegan Right of Way
Dear Lee:
Enclosed for your files is a fully executed copy of the above referenced Parking
Lease by and between Commonwealth Edison Company and the Village of Buffalo
Grove dated September 1, 1995, for a twenty year period commencing on
September 1, 1995, and expiring on August 31, 2015.
If I can be of any further assistance, do not hesitate to contact me at telephone
number (312) 394 -3229.
Sincerely,
James V. Abete
Senior Real Estate Agent
JVA:lm
Enc.
A Unicom Company
r
DESPLAINES- WAUKEGAN R/W
PARCEL NO.: 265
SW 1 /4, SEC 27 & NW 1 /4, SEC. 34,
TWP 43 RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
C.E.CO. TAX PARCEL: 3844
C.E.CO. NORTHERN REGION
THIS LEASE, made effective September 1, 1995, by and between
COMMONWEALTH EDISON COMPANY, an Illinois Corporation (hereafter called
"LANDLORD "), and THE VILLAGE OF BUFFALO GROVE (hereafter called "TENANT "),
WITNESSETH:
That LANDLORD, for and in consideration of the rent reserved herein, and of
the covenants, conditions and agreements of TENAN'f hereinafter mentioned, has demised
and leased to the TENANT, that portion of LANDLORD'S property so designated (hereafter
called "LEASED PREMISES ") on the plat, attached hereto and made a part hereof, dated
August 30, 1995, and marked Exhibit "A ".
TERM: TO HAVE AND TO HOLD the LEASED PREMISES for the term of
TWENTY YEARS, the twenty year term to commence on September 1, 1995, and end on
August 31, 2015, unless sooner terminated as hereinafter provided.
PURE: The LEASED PREMISES are to be used for the development of
and use as a commuter parking facility, all insofar as permitted by law, and for no other
purpose whatsoever.
RESTORATION OF PROPERTY: TENANT agrees that, upon termination of
this Lease and any supplementary modification and extension thereof or by expiration of- its
term or otherwise, TENANT will, at its sole cost and expense, remove all personal
equipment and improvements, including blacktop, crushed stone or other surfacing
material, structures and improvements, except those towers, poles, wires and fixtures and
equipment used by LANDLORD or other public utilities restoring and regrading the property
to its original elevation, restoring top soil and seeding the LEASED PREMISES with grass
seed.
RENT: TENANT shall pay LANDLORD on September 1, 1996 the amount of
$36,201.00 for the period from September 1, 1995 to August 31, 1997, commencing
September 1, 1997 and every September 1 st thereafter TENANT shall pay the following:
1.) $33,416.00 per year for the period from September 1, 1997 to August 31, 2000;
2.) $38,739.00 per year for the period from September 1, 2000 to August 31, 2005;
3.) $44,909.00 per year for the period from September 1, 2005 to August 31, 2010;
4.) $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 Land Management Administrator
Real Estate Department
P. 0. Box 767
Chicago, Illinois 60690
unless otherwise designated by the LANDLORD in writing. Unpaid rent shall bear interest
at 9% per annum from the date due until paid.
If the parking lot occupancy rate for the third year is less the sixty -five
percent (65%), then within 120 days after the end of the third lease year, and upon notice
from TENANT to LANDLORD, the TENANT and LANDLORD shall review and renegotiate
the rent based upon the first three -year parking lot rental history.
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CONDITION OF PREMISES: TENANT has examined the LEASED PREMISES
and knows its condition. No representations as to the condition and repair thereof, and no
agreements to make any alterations, repairs or improvements in or about the LEASED
PREMISES have been made by LANDLORD, unless contained herein.
ALTERATIONS BY TENANT: TENANT may fill, grade, level and pave the
LEASED PREMISES for parking purposes in strict accordance with the engineering
plans prepared by Gewalt- Hamilton Associates, Inc., dated April 21, 1995, Project
No. 9427.000 Sheets CE -4, CE -5 and CE -6, all marked Exhibit "B ", attached hereto and
made a part hereof, but may not raise or lower the average elevation of the present ground
level more than eight (8) inches without LANDLORD'S prior written consent. ALL debris is
to be removed before filling and, if it is found necessary to fill low spots, only clean fill
(defined as not containing debris like gravel, concrete, tree roots and brick) will be used,
before spreading of base fill underlying paving. No paving will be placed within a ten foot
radius of any tower leg. Paving shall be well drained, firm and solid blacktop, neat in
appearance or if previously approved by LANDLORD, consist of other dust -free surface
materials (except concrete).
Barricades, for which plans and specifications have been previously approved
by LANDLORD, are to be installed at TENANT'S sole cost and expense on the LEASED
PREMISES to protect LANDLORD'S towers, wires, conduits and other electric equipment
and facilities now or later emplaced. Specifically, barricades will be placed around the
base of the towers or poles.
Such alterations must not create surface water drainage problems for -
adjoining landowners and unforeseen problems shall be corrected by TENANT.
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DIGGING WORK: TENANT hereby agrees, in the event it performs any
grading, leveling or digging work on the LEASED PREMISES and damages any underground
facilities, presently located, or later located, on the LEASED PREMISES, that TENANT will
promptly reimburse LANDLORD for any and all expense incurred for the repairing or
replacement of such damage, within 30 days after presentation to TENANT of
LANDLORD'S statement. Prior to any such work, TENANT shall call Joint Utility Locating
Information for Excavators (J.U.L.I.E.) at (800) 892 -0123.
TENANT hereby also agrees to notify EDISON'S Northern Region Right of
Way Agent on Telephone Number (708) 816 -5243, at least 48 hours prior to the
commencement of any work.
MAINTENANCE OF PREMISES: TENANT will maintain the LEASED
PREMISES, together with any fences, gates, wheel stops, barricades and other
improvements located thereon, in a clean, neat, orderly and sightly condition, to
LANDLORD'S satisfaction, at all times during the term of this Lease, including cutting and
mowing of grass and weeds, if such conditions exist.
USE OF PREMISES: TENANT will, upon request by LANDLORD, remove or
relocate all passenger cars, and other vehicles, from the LEASED PREMISES, if
LANDLORD, in its judgment alone, considers it necessary in the furtherance and
improvement of LANDLORD'S duties to provide electric service. IF TENANT cannot, or will
not, remove or relocate such passenger cars and other vehicles, then TENANT hereby
authorizes LANDLORD to do so, and will repay LANDLORD for its expenses thereupon
incurred, upon receipt of LANDLORD'S bill. TENANT will indemnify and hold LANDLORD
harmless of all claims, loss, damage, liability and judgments, including costs and lawyer's
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fees, arising out of, incurred in, or in any way connected with such vehicles' removal or
relocation.
LANDLORD has the right to remove paving to construct, install, operate,
maintain, repair, or replace any electrical equipment and facilities, other than leaving a solid
and firm backfill where such removal is made, LANDLORD shall not be liable to TENANT to
restore the paving.
TENANT agrees, at its sole cost and expense, to provide the labor, material
and equipment required, to remove any improvements that might be in conflict with any
future use by LANDLORD, or by any pipeline or utility company or public body, which has
been granted rights in the LEASED PREMISES by LANDLORD. TENANT agrees, that it will
cooperate with any such installation, by providing a clear path for any such construction,
and shall coordinate its use of the area with the contractors, until receiving notification in
writing that the installation has been completed.
No advertising signs or billboards will be placed or permitted on the LEASED
PREMISES.
TENANT will not make, or permit to be made, any use of the premises
which, directly or indirectly, is forbidden by public law, ordinance or government
regulations, or which may be dangerous to life, limb or property, or which may increase
LANDLORD'S insurable risk.
No piling of any materials, including but not limited to, dirt, sand, salt, snow
(from other locations), gravel, or debris of any nature, shall be permitted on the Leased
Premises.
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Due to the presence of LANDLORD'S electrical wires located on the LEASED
PREMISES, no vehicles, equipment or anything else, having a height more than FOURTEEN
(14) feet from grade level, including, but not limited to, any equipment attached to vehicles
or equipment such as antennas, shall be driven, moved or transported thereon. Neither
shall any activity which could result in a wire to ground electrical contact or damage to
towers or poles be allowed. Such activities include, but are not limited to, flying kites or
model airplanes and driving minibikes, go carts and snowmobiles. TENANT shall post
signs prohibiting such activities.
injunction.
The violation of any covenant of this Section may be restrained by
Hazardous Material: During the term of the Lease, TENANT shall not, nor
shall TENANT permit others to, place, use or store upon the LEASED PREMISES any
Hazardous Material except in compliance with federal, state or local laws, statutes,
regulations, ordinances, orders, consent decrees, permits or other binding determinations
of any governmental authority relating to the protection of human health and the
environment (hereinafter collectively referred to as "Environmental Laws "). "Hazardous
Material" means any hazardous substance, toxic substance, hazardous waste, special
waste, petroleum or petroleum- derived substance or waste, asbestos or any constituent of
any such substance or waste hazardous which is or becomes regulated by any local, state
or national governmental authority.
Environmental Costs: TENANT shall bear the costs of any necessary
remediation, removal, treatment and disposal of any Hazardous Material placed or allowed
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to be placed on or in the .LEASED PREMISES by TENANT.
TENANT acknowledges that LANDLORD may incur costs as a result of a
change in Law which makes the presence of any material present on the LEASED
PREMISES as of the date hereof, whether known or unknown to LANDLORD, a violation of
such new Law. TENANT agrees that any such costs incurred by LANDLORD due in whole
or in part to the activity of TENANT, for complying with such new Law shall be an
expense recoverable by LANDLORD. To the extent any such expense is subsequently
recovered or reimbursed through insurance or recovery from responsible third parties or
other action, TENANT shall be entitled to a proportionate share of such expense to which
such recovery or reimbursement relates.
Notice: Each party agrees to provide the other party with written notice;
(1) upon such party's obtaining knowledge of any potential or known release, or threat of
release, of any Hazardous Material on or from the LEASED PREMISES or (2) upon such
party's receipt of any Notice of any such potential or known release or threat of release
from any governmental authority.
Reciprocal Indemnification: TENANT agrees to protect, indemnify, defend,
and hold harmless LANDLORD and its agents and employees from and against, and
promptly pay to or reimburse the LANDLORD and its agents and employees for, any
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys' and consultants' fees and expenses)
arising out of or caused by the release or threatened release of any Hazardous Material in,
to or from the LEASED PREMISES during the term of this Lease, but only to the extent that -
such presence, release or threatened release is caused by TENANT and its activities on the
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LEASED" PREMISES or any third parties other than LANDLORD, its agents, employees,
contractors, licensees or easement grantees. This indemnification obligation shall survive
the termination or expiration of this Lease. LANDLORD agrees to protect, indemnify,
defend, and hold harmless TENANT and its agents and employees from and against, and
promptly pay to or reimburse the TENANT and its agents and employees for, any liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses (including,
without limitation, reasonable attorneys' and consultants' fees and expenses) arising out
of, caused by or in any manner whatsoever connected to: (a) the breach by LANDLORD of
any environmental representation in this Lease; and (b) the presence of any Hazardous
Material on or in the LEASED PREMISES, or the release or threatened release of any
Hazardous Material on or in the LEASED PREMISES, except to the extent that any such
presence, release or threatened release is caused during the term of this Lease by TENANT
and its activities on the LEASED PREMISES or any third parties other than LANDLORD, its
agents, employees, contractors, licensee or easement grantees. This indemnification
obligation shall survive the termination or expiration of this Lease.
INSURANCE AND INDEMNITY: TENANT shall indemnify and save harmless
LANDLORD, its officers and employees, from all claims, litigation and liability asserted
against them or any of them, and any costs and attorney's fees incidental thereto, on
account of injury to or death of any person or persons whomsoever, on account of damage
to any property, or on account of loss or interruption of electric service, caused by,
connected with, or in any way attributable to, the rights herein granted, or TENANT'S
failure to comply with any of the terms or condition of this Lease. TENANT shall
undertake the defense of LANDLORD, its officers and employees, in any such litigation, if
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LANDLORD requests TENANT to do so.
TENANT covenants and agrees, that it will not permit or suffer any lien to be
put upon, or arise or accrue against the LEASED PREMISES, in favor of any person or
persons, individual or corporate, furnishing either labor or material, in any work herein
proposed: TENANT further covenants and agrees to hold LANDLORD, and the LEASED
PREMISES, free from any and all liens, or rights or claims of lien, which may, or might,
arise or accrue under, or be based upon any mechanic's lien law, so called, of the State of
Illinois, now in force or hereafter to be enacted. All contracts and agreements that may be
made by TENANT, relating to any work herein proposed, shall expressly state that the
interest and reversion of LANDLORD, in and to said LEASED PREMISES, shall be wholly
free from, and not subject to, any lien or claim of any contractor, subcontractor, mechanic,
materialman or laborer, whether based upon any law or regulation of the State of Illinois,
or any other authority, now in force or hereafter to be enacted, and TENANT also hereby
covenants and agrees, that it will not enter into any contract for such work, which shall
not, in express terms, contain the aforesaid provisions.
LANDLORD shall not be liable, or responsible, for loss or damage resulting
from LANDLORD'S use, installation, construction or maintenance of overhead or
underground electrical facilities, now or later emplaced, except through the negligence of
LANDLORD, its employees or agents.
LANDLORD shall not be liable, or responsible, for damage caused by fire,
vandalism or other casualty, to any vehicle, equipment, merchandise or personal property,
on the LEASED PREMISES, at any time, during the term hereof, except such resulting from
the negligence of the LANDLORD, its agents, or employees.
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TENANT agrees to require its contractor, before commencing the 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 contractor, a policy or policies of
insurance issued by good and responsible insurance companies 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 $500,000 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 covering all
contractors, subcontractors and all their subcontractors with
limits not less than the combined single limit of $3,000,000
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 or policies shall not
exclude property of LANDLORD. Commonwealth Edison
Company, as LANDLORD, shall be added as 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:
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COVERAGE #3
Owners' LANDLORDS' and TENANTS' Liability Insurance
Policy in the name of LANDLORD, Commonwealth Edison
Company, as the insured, with limits of not less than the
combined single limit of $3,000,000 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, 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.
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.
LANDLORD upon execution of this document. The insurance coverage under Coverage (3)
shall be kept in force through the term hereof. 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.
ASSIGNMENT AND SUBLETTING: TENANT shall not sublet the whole or
any part of the LEASED PREMISES to any person or entity whatsoever.
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If not in default of any of the terms or conditions of this Lease, and after
requesting and receiving the prior written consent of LANDLORD, the TENANT may assign
this Lease to any financially responsible, commercially acceptable person or entity.
TENANT shall promptly furnish LANDLORD with any information, which LANDLORD
requests, for the purpose of determining whether it will consent to any proposed
assignment of this Lease. LANDLORD'S consent to TENANT'S assignment of this Lease
will not be unreasonably withheld. TENANT agrees and understands, however, that in
determining whether to consent to any proposed assignment by TENANT of this Lease,
and as a condition precedent to any such consent, LANDLORD may consider any or all of
the following factors: (1) the financial responsibility of the proposed assignee; (2) the
business character of the proposed assignee and its suitability for the LEASED PREMISES;
(3) the legality of the proposed use; and (4) the nature of the proposed occupancy. In the
event of an assignment, and unless LANDLORD, at its sole discretion, releases TENANT
therefrom, TENANT shall remain liable to LANDLORD for the payment of all rental
hereunder and for the performance of all covenants and conditions of the Lease applicable
to TENANT. Any assignment made by TENANT shall be subject to the terms and
conditions of this Lease.
TAXES: TENANT agrees to reimburse LANDLORD for any tax increase,
within thirty (30) days after presentation of a Bill, should: (1) TENANT'S use of the
LEASED PREMISES change the assessed valuation of the Real Estate Tax Parcel of
LANDLORD'S property, and (2) TENANT'S improvements be assessed with LANDLORD'S
real estate interest, or improvements, in the same tax parcel.
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ZONING AND PERMITS: TENANT assumes sole responsibility for compliance
with all applicable zoning laws and ordinances, building codes and governmental
regulations. No representations are made that the premises are properly zoned for the
proposed use. This area is for additional parking only and not to fulfill any density
requirements. This Lease does not constitute the authority to seek a zoning change, to
permit the use of the LEASED PREMISES, for the purpose stated herein.
RETAINED RIGHTS OF LANDLORD: The rights of the LANDLORD to utilize
the LEASED PREMISES in its utility business will, at all times, be and remain paramount to
the rights herein granted to TENANT by LANDLORD, and nothing stated herein is to be
construed as restricting LANDLORD from granting rights to other parties or persons in,
upon or under the LEASED PREMISES. Without limiting the generality of the foregoing, the
parties specifically refer to rights relating to sewers, water pipes and mains, drainage tiles
and pipes, gas mains and pipelines and other allied uses. However LANDLORD agrees to
provide a reasonable effort to notify TENANT of any future installations, changes or
modifications proposed on the LEASED PREMISES.
LANDLORD, at all times, shall have free and unrestricted access for its
employees, agents, representatives, assigns or grantees to come upon the LEASED
PREMISES, either by vehicle or on foot, for the purpose of constructing, installing,
operating, maintaining, repairing, replacing, or patrolling, any or all of its facilities and
equipment, now or later located thereon.
TENANT hereby acknowledges, that the LEASED PREMISES may be used,
from time to time, to accommodate equipment and facilities of other pipeline and utility
companies, which would be primarily located below the surface of the LEASED PREMISES.
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TENANT agrees, that in any event, it will contact the owners of any such various pipeline
and utility equipment and facilities, and provide the proper protection required by the
pipelines and utilities, in connection with its use of the premises, for the purposes set
forth. TENANT further agrees, to furnish LANDLORD copies of any such correspondence,
between the various pipelines and utilities and TENANT. TENANT agrees, that this
notification applies to the present installations and any and all future installations within
the LEASED PREMISES.
This Lease shall not, in any manner or to any extent, limit or restrict the right
of LANDLORD, to use or dispose of the LEASED PREMISES, as LANDLORD may in its
discretion, desire.
EMINENT DOMAIN: If the LEASED PREMISES, or a substantial part thereof,
or a portion which prevents use of the LEASED PREMISES, shall be taken or condemned
by any competent authority for any public use or purpose, the term of this Lease shall end
upon and not before, the date when the possession of the part so taken shall be required
for such use or purpose, and without apportionment of the condemnation award. TENANT
shall have no right to share in such award. Current rent shall be apportioned as of the date
of such termination. If any condemnation proceeding shall be instituted, in which it is
sought to take or damage any part of the LEASED PREMISES, or if LANDLORD receives a
request from a competent authority with power to condemn, asking that LANDLORD
voluntarily convey to such authority, for any public use or purpose, any part of the
LEASED PREMISES, or if the grade of any street or alley adjacent to the LEASED
PREMISES is changed, by any competent authority, and such change of grade makes it
necessary to remodel the LEASED PREMISES to conform to the changed grade,
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LANDLORD shall have the right to cancel this Lease, upon not less than ninety days notice,
prior to the date of cancellation designated in the notice. No money or other consideration
shall be payable, by the LANDLORD to the TENANT, for the right of cancellation, and the
TENANT shall have no right to share in the condemnation award, or in any judgment for
damages, caused by the change in grade.
TERMINATION OF LEASE: This Lease may be terminated at any time by
either of the parties hereto, by giving 90 days' prior written notice to the other party of
such termination. The giving of such notice, in accordance with the provisions of the
Paragraph hereof titled "NOTICES ", shall be deemed to be sufficient service thereof. In the
event this Lease is terminated, pursuant to the provisions of this paragraph, then any
rental, paid in advance, shall be prorated to the effective date of such termination, and the
unearned portion thereof, refunded to TENANT.
In the event default is made in the payment of the rent herein reserved or
any part thereof, or in any of the covenants and agreements herein contained to be kept by
TENANT, or if TENANT shall violate or breach any of the terms, conditions or provisions of
this Lease, or if TENANT shall vacate or abandon the LEASED PREMISES during the life of
this Lease, or if LANDLORD should receive notice of an alleged violation of any Federal or
State law, or any municipal or zoning ordinances, concerning TENANT'S use of the
LEASED PREMISES, or if LANDLORD should be so ordered by any regulatory body, it shall
be lawful for LANDLORD, at any time thereafter, at its election, without notice or demand,
to declare said term ended, the Lease terminated, and thereupon to re -enter the LEASED
PREMISES, either with or without process of law, and to expel, remove and put out
TENANT, or any person or persons occupying the LEASED PREMISES, using such force as
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may be necessary so to do, and to repossess and enjoy the LEASED PREMISES, again as
before this demise, without prejudice to any remedies, which might otherwise be used for
arrears of rent or preceding breach covenants; TENANT hereby is expressly waiving all
right to any notice or demand, under any statute relating to forcible entry and detainer.
The decisions of LANDLORD shall be final and binding upon TENANT, concerning any
breach or default in the covenants and agreements contained in this Lease. Rights and
obligations, under indemnity clauses, survive the termination of the Lease under this clause
or otherwise.
the term of this lease, if any law, ordinance, rule, ruling or regulation (collectively "Laws ")
is enacted by any authority having jurisdiction over LANDLORD, which places any
additional burden on LANDLORD as a result of Lessee's use of the Property for any
purpose, or if the use of the property violates any Laws hereinafter enacted, then and in
such event, LANDLORD reserves the right to review and modify the terms and conditions
of this Lease to ensure that all provisions are in compliance with the Laws. Based upon
said review, LANDLORD shall have the right to modify the Lease and shall advise TENANT,
in writing, within sixty (60) days of any such change(s). TENANT shall accept the
change(s) and shall execute and return to LANDLORD a modification to the Lease
( "Modification ") within thirty (30) days after receipt thereof. If TENANT does not return
the Modification within said time period, LANDLORD, may, in its sole discretion, terminate
this Lease.
easements:
EASEMENTS: This Lease is subject and subordinate to the following
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1) Commonwealth Edison Company to the Northwest Water Commission
dated June 1, 1982. Document Number 2175303 (Lake County).
2) Commonwealth Edison Company to the Village of Buffalo Grove dated
January 26, 1988 for two 12 -inch watermains, two 8 -inch sanitary sewers and one 42-
inch storm sewer.
3) Commonwealth Edison Company to the Village of Buffalo Grove dated
January 26, 1988 for New Commerce Court Road.
4) Commonwealth Edison Company to North Shore Gas Company dated
September 1, 1989 for one 2 -inch gas main.
5) Commonwealth Edison Company to the Village of Lake Zurich dated
April 16, 1991 for one 48 -inch sanitary sewer.
6) Commonwealth Edison Company to North Shore Gas Company dated
April 23, 1991 for one 30 -inch gas main.
a) TENANT shall pay all the LANDLORD'S costs, charges and expenses,
including the fees of counsel, agents and others retained by LANDLORD, incurred by
enforcing the TENANT'S obligations hereunder, or incurred by the LANDLORD in any
litigation, negotiation or transaction, in which the TENANT causes the LANDLORD, without
the LANDLORD'S fault, to become involved or concerned.
b) No receipt of money by the LANDLORD from the TENANT, after the
termination of this Lease, or after the service of any notices, or after the commencement
of any suit, or after final judgment for possession of the premises, shall renew, reinstate,
continue or extend the term of this Lease or affect any such notice, demand or suit.
17
c) No waiver of any default of the TENANT shall be implied from any
omission by the LANDLORD to take any action on account of such default, if such default
persists or be repeated, and no express waiver shall affect any default, other than the
default specified in the express waiver, and that only for the time and to the extent therein
stated: the invalidity or unenforceability of any provision hereof shall not affect or impair
any other provision.
d) Provisions inserted herein, or affixed hereto, shall not be valid, unless
appearing in the duplicate original hereof held by LANDLORD. In event of a discrepancy,
the LANDLORD'S duplicate shall control.
e) Headings of sections are for convenience only, and do not limit or
construe the contents of the sections.
f) If TENANT shall occupy the LEASED PREMISES, prior to the beginning of
the term of this Lease, with the LANDLORD'S consent, all the provisions of this Lease shall
be in full force and effect, as soon as the TENANT occupies the LEASED PREMISES.
g) By signing this Agreement, TENANT affirms and states that it is not an
employee of Commonwealth Edison Company, nor has any affiliated interest in the
Commonwealth Edison Company.
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 5E PrE M 0,c R- % 1995, 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.
18
NOTICES: All notices to LANDLORD shall be in writing: to Commonwealth
Edison Company, c/o Land Management Administrator, Real Estate Department,
P.O. Box 767, Chicago, Illinois, 60690, 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 50 Raupp Blvd., Buffalo Grove, Illinois 60089 -2196 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.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals all as of the day and year first above written.
ATTEST:
Title V l LkAc, C L-=kk
k: \Idmg \masters \lease \park \viibuff
LANDLORD:
COMMONWEALTH EDISON COMPANY
'', Q' &I,,/
M. R. Norris
Land Management Administrator
Real Estate Department
TENANT:
VIL
By
Titl
Ire,
STATE OF ILLINOIS )
) SS
COUNTY OFPOPME )
I, JA MES V. A p erc— , a Notary Public, in and for said County
in the State aforesaid, do hereby certify that M. R. Norris Real Estate Manager of
COMMONWEALTH EDISON COMPANY, an Illinois Corporation, personally known to me to
be the same person whose name is subscribed to the foregoing instrument as such Real
Estate Manager of Commonwealth Edison Company appeared before me this day in person
and acknowledged that he signed and delivered the said instrument as his own free and
voluntary act and as the free and voluntary act of said company for the uses and purposes
therein set forth.
N
T
Given under my hand and notarial seal this cad day of
all Me— , 199 r
Not Public
My Commission Expires:
"OFFJCIAL SEAL"
STATE OF ILLINOIS) James V. Abate
) SS Notary PWb, State of Mlnois
DuPap County
COUNTY OF ) My Commission Expims 3/1/99
in and for said County, in the State aforesaid, do
hereby certify that Aa ,#S , personally known to me to be the
of the VILLAGE OF BUF` ALO GROVE and jffdz In Jig,�,�, personally known to me
to be the Clerk of said Village, both of whom are personally known to me to be the same
persons whose names are subscribed to the acceptance of the foregoing instrument as
such Clerk and „�,, , appeared before me this day in person and
acknowledged that they signed and delivered such acceptance for and on behalf of said
Village and caused the corporate seal of said Village to be affixed thereto as their free and
voluntary act, and as the free and voluntary act of said Village for the uses and purposes
therein set forth, pursuant to a written resolution duly passed by the�sin.,� f" and
it,eS of said Village on the j/r day of p °�t- , A.D.
19qf .
Given under my hand and notarial seal this day of
A.D. 19i
4
Notary Public
My Commission Expires:
OICIAL SEA °L
ROBERTA FRE
20 NOTARY PUBLIC sT �
MY COMMISSIt}ly EX T F
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