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