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1997-060 1 � RESOLUTION NO. 97 - 6 A RESOLUTION APPROVING THE COMMONWEALTH EDISON RECREATION LEASE (BIKEPATH AND OPEN SPACE) LEASE SUPPLEMENT NUMBER TWO 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 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 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: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: U - ABSENT: 0 - None PASSED: March 17 , 1997 APPROVED: March 17 , 1997 ATTEST: . t�l� Villa e Clerk res97 DESPLAINES- WAUKEGAN R/W .PARCEL NOS. 263, 264, 265, 266 & 267 SW. 1/4 SEC. 27, SE. 1/4 SEC.28 AND THE NW. 1/4, SEC. 34 ALL IN TWP. 43, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN LAKE COUNTY, ILLINOIS COMED TAX PARCELS 3844, 3848, 4055, 4058 AND 4120 COMED NORTHERN REGION LEASE SUPPLEMENT NUMBER TWO LANDLORD: Commonwealth Edison Company, an Illinois Corporation TENANT: Village of Buffalo Grove, a Illinois Municipal Corporation LEASE DATED: June 1, 1987 PRIOR SUPPLEMENTS DATED: April 2, 1990 PURPOSE: The Leased Premises are to be used for the installation and maintenance of 1- 8 foot wide bike path and for the use and maintenance of a open grassway recreational area, all insofar as permitted by law, and for no other purpose whatsoever. LOCATION OF PREMISES: Weiland Road, southeasterly to just south of Frank Street, all in 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 which Lease was extended by Lease Supplement Number One dated April 2,1990, for an additional period commencing on June 1, 1992, and expiring on April 30 1997, 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 a ten -year period commencing on May 1, 1997, and expiring on April 30, 2007, unless sooner terminated as provided in said Lease. Paragraph 4 under "USE OF PREMISES" on Page 6 of the Lease dated June 1, 1987, is hereby deleted and amended to read as follows: 0 , : * . 0 "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, model airplanes, driving minibikes, go carts and snowmobiles. TENANT shall post signs prohibiting such activities." The paragraph on Page 7 of the Lease dated June 1, 1987, headed "ENVIRONMENTAL PROTECTION" is hereby deleted and amended to read as follows: "Hazardous Material: During the term of the Lease, TENANT shall not permit the LEASED PREMISES to contain, be used to store or otherwise be used to handle 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 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 2 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: TENANT agrees to provide LANDLORD with written notice; (1) upon the TENANT'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 TENANT'S receipt of any Notice of any such potential or known release or threat of release from any governmental authority. Indemnification: TENANT agrees to protect, indemnify, defend, and hold harmless LANDLORD and its agents and employees (collectively, "Indemnitees ") from and against, and promptly pay to or reimburse the Indemnitees 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 TENANT of any environmental representation in this Lease; and (b) the presence of any Hazardous Material in the LEASED PREMISES, or the release or threatened release of any Hazardous Material in, to or from the LEASED PREMISES, provided that the Presence of the Hazardous Material or release or threatened release is not due solely to the LANDLORD'S activities. This indemnification obligation shall survive the termination or expiration of this Lease." Coverage #2 and Coverage #3 under "INSURANCE AND INDEMNITY" on Page 10 and 11 of the lease dated June 1, 1987, are hereby deleted and amended to read as follows: 3 "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: 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. ". 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 March 17 , 1997, and signed by the officers therein designated as 4 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 and Lease Supplement Number One dated April 2, 1990, are incorporated herein by reference and except as expressly modified by this instrument, said terms and conditions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 17th day of March , 1997. LANDLORD: COMMONWEALTH EDISON COMPANY ATTEST: By Tn " Title K:\LDMG\ABETE\DOCUMENT\LAKE\BUF-GROV.DOC By ` � - &'V�l M. R. Norris Land Management Administrator Real Estate Department TENANT: VILLAGE OF BUFFALO GROVE By Titl RESOLUTION NO. 97 - 6 A RESOLUTION APPROVING THE COMMONWEALTH EDISON RECREATION LEASE (BIKEPATH AND OPEN SPACE) LEASE SUPPLEMENT NUMBER TWO 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 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 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: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PASSED: March 17 , 1997 APPROVED: March 17 ATTEST: Village Clerk res97 1997 Village President