1998-23o d
RESOLUTION NO. 98- 23
A RESOLUTION APPROVING A RECREATIONAL LEASE WITH
COMMONWEALTH EDISON COMPANY PROVIDING FOR THE
EXTENSION OF THE BUFFALO GROVE BIKE PATH SYSTEM
BE IT RESOLVED BY THE BUFFALO GROVE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES, as follows:
1. The attached recreational lease document is hereby approved.
2. The Village President and Village Clerk are authorized to execute
the approved document. A copy of said document is attached
hereto and made a part hereof.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
ABSENT: 0 - None
PASSED: May 4 , 1998
APPROVED: Mav 4 '1998
ATTEST:
illage Clerk
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DESPLAINES — WAUKEGAN R/W
PARCEL NO'S. 267 THRU 286(incl.)
SECTION 34, TWP. 43, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN
LAKE COUNTY, ILLINOIS
ComEd. TAX PARCEL (SEE PAGE 1 -A)
P.I.N. (SEE PAGE 1 -A)
ComEd NORTHERN REGION
RECREATIONAL
LEASE
THIS INDENTURE, Made and entered into this first day of May, 1998, by and
between COMMONWEALTH EDISON COMPANY, an Illinois Corporation (hereinafter
referred to as "LANDLORD ") and the VILLAGE OF BUFFALO GROVE, a Municipal
Corporation (hereinafter referred to as "TENANT ");
WITNESSETH:
That LANDLORD, for and in consideration of the rent reserved herein and of the
covenants, conditions and agreements of TENANT hereinafter mentioned, has demised and
leased to the TENANT, that Lake County portion of LANDLORD'S property so designated
(hereinafter called "LEASED PREMISES ") on the engineering plans, dated August 4, 1997,
attached hereto and made a part hereof, and marked Exhibit "A ".
TERM: TO HAVE AND TO HOLD the LEASED PREMISES for and during the
term of Twenty Years commencing on the First day of May, 1998, and expiring on the last day of
April, 2018, unless sooner terminated as hereinafter provided.
PURPOSE: The Leased Premises are to be used for the construction,
maintenance and use of one 3 meter wide bike path, together with the remainder of the right of
1 -A
LAKE COUNTY
PARCEL NUMBER
TAX PARCEL NO,
PROPERTY INDEX NO.
267 & 267 -A
4055
15 -34- 101 -001
15 -34- 105 -001
15 -34- 105 -004
15 -34- 106 -001
268
4057
15 -34- 106 -001
269
4061
15 -34- 117 -003
270
4044
15 -34- 118 -001
271
4040 & 4041
15 -34- 100 -009
272
4040 & 4041
15 -34- 100 -009
273
4052
15 -34- 100 -009
274
3541
15 -34- 100 -009
275
3892
15 -34- 301 -004
15 -34- 401 -005
276
3892
15 -34- 301 -004
277
3818
15 -34- 301 -004
278
4183
15 -34- 301 -004
279
4165
15 -34- 301 -004
280
3892
15 -34- 301 -004
5054
15 -34- 401 -005
281
4175
15 -34- 301 -004
282
3892
15 -34- 301 -004
283
4154
15 -34- 301 -004
284
3892
15 -34- 401 -005
285
4160
15- 34-401 -005
286 & 286 -A
4020
15 -34- 401 -005
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way width as a grassy open recreational area, all insofar as permitted by law, and for no other
purpose whatsoever.
CONSIDERATION AND RENT: TENANT has paid one and no / 100 Dollars
($1.00), receipt of which is hereby acknowledged, as consideration and has agreed to the faithful
performance of the following terms and conditions for the use of the LEASED PREMISES.
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.
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, and improvements,
except those towers, poles, wires and fixtures and equipment used by LANDLORD or other
users in the utility business and improvements of public entities, restoring and regrading the
property to its original elevation, restoring top soil and seeding the LEASED PREMISES with
grass seed.
APPROVED INSTALLATIONS OF EQUIPMENT: TENANT has submitted,
for LANDLORD'S approval, its plans, dated August 4, 1997, sheets 1 of 11 through 11 of 11, all
identified as Exhibit "A ", showing TENANT'S use of the LEASED PREMISES, which
LANDLORD hereby approves, on the express condition that TENANT agrees to make all
installations and utilize the LEASED PREMISES in strict accordance with such Exhibit "A ".
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TENANT hereby further agrees that, in the event there are any additional installations of
equipment in connection with the use of the LEASED PREMISES, TENANT will obtain prior
written approval from LANDLORD for such changes or installations before commencing any
work.
SEEDING AND PLANTING AND MAINTENANCE OF TREES AND
SHRUBS: TENANT shall have the right and privilege, at its sole cost and expense, to grade,
level and plant grass seed on the LEASED PREMISES. TENANT agrees that, due to
LANDLORD'S existing facilities and those of other public utilities on the LEASED PREMISES,
it will, at its sole cost and expense, furnish LANDLORD, for its approval, any and all plans
covering the planting of trees and shrubs on the LEASED PREMISES. TENANT shall not
perform any digging operations on the LEASED PREMISES, to plant any trees or shrubs
thereon, at any time during the term hereof, without first having obtained prior written approval
from LANDLORD for any areas to be used for planting of trees and shrubs. TENANT also
agrees, if any trees or shrubs are now located on the LEASED PREMISES, such shall not be
permitted to attain a maximum height in excess of ten feet from original ground level. In the
event said maximum height is exceeded, LANDLORD reserves the right to trim said trees and
shrubs and TENANT agrees to reimburse LANDLORD for any and all such expense upon
presentation of a bill therefor.
DIGGING WORK: TENANT hereby agrees that, 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, TENANT will promptly
reimburse LANDLORD for any and all expense incurred for the repairing or replacement of such
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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.
REMOVAL OF SOIL: TENANT hereby agrees that, it will not remove any soil
from the LEASED PREMISES and further agrees that, in the event any soil is removed during
the transplanting and the removal of any trees or shrubs, such shall be promptly replaced by
TENANT at its sole cost and expense. In the event TENANT fails to do so, LANDLORD shall
have the right to replace any and all soil and restore the surface of the LEASED PREMISES to
the original level, and TENANT hereby agrees to promptly reimburse LANDLORD for any and
all expenses incurred, within 30 days after presentation to TENANT of LANDLORD'S
statement.
BUILDINGS: TENANT hereby agrees it will not install, erect, construct, or
permit to be installed, erected or constructed on the LEASED PREMISES, any building or
structures, either permanent or portable, at any time during the term of this Lease, except those
approved in writing by LANDLORD.
SIGNS: TENANT shall not place or maintain or allow to be placed or maintained
by any person or persons, any signs or advertising billboards upon the LEASED PREMISES at
any time during the term hereof. However, TENANT shall have the right to install, such small
neat and inoffensive professional signs as are necessary to identify TENANT'S occupancy of the
LEASED PREMISES, provided such signs are approved by LANDLORD before erection or
installation.
ALTERATIONS: TENANT may perform work to fill, grade, level and pave the
LEASED PREMISES in accordance with the Exhibit "A" plans submitted and approved by
LANDLORD, but may not raise the average elevation of the present ground level. 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. NO fill will be
placed within a ten foot radius of any tower leg, if any are located on the LEASED PREMISES.
Paving shall be either well drained, firm and solid blacktop, neat in appearance or if previously
approved by LANDLORD, other dust free surface materials (except concrete).
In the event the ground grade level has been altered or changed reducing the
ground clearances required by the Illinois Commerce Commission, the clearance problems will
be corrected by TENANT at TENANT'S sole cost and expense.
Barricades, whose plans and specifications have been previously approved by
LANDLORD, are to be installed on the LEASED PREMISES to protect LANDLORD'S towers,
wires, conduits and other electric equipment and facilities now or later emplaced. Specifically, if
there is the possibility of any damage to LANDLORDS facilities 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.
USE OF PREMISES: TENANT will, upon request by LANDLORD, remove all
improvements 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 such improvements TENANT hereby authorizes
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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 fees, arising out of,
incurred in or in any way connected with such removal.
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, or relocate to other portions of the LEASED PREMISES, any
improvements, including any fencing which might be installed, that might be in conflict with any
future longitudinal use by LANDLORD or 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.
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 as, flying kites, model airplanes, driving minibikes, go carts and snowmobiles.
TENANT will post signs prohibiting such activities.
The violation of any covenant of this Section may be restrained by injunction.
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
Lease does not constitute the authority to seek a zoning change to permit the use of the LEASED
PREMISES for the purpose stated herein.
MAINTENANCE OF PREMISES: TENANT will maintain the LEASED
PREMISES together with any fences, gates, recreational equipment, 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. In connection with
maintenance, TENANT agrees to cut and keep down all weeds, Canadian thistles and other
noxious growths on the LEASED PREMISES.
ENVIRONMENTAL PROTECTION: 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" shall mean any waste, pollutant toxic substance or hazardous substance, contaminant
or material regulated by any ENVIRONMENTAL LAW including, without limitation, petroleum
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or petroleum -based substances or wastes, asbestos and polychlorinated biphenyls 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 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,
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reasonable attorneys' and consultants' fees and expenses) related to the release or threatened
release of any HAZARDOUS MATERIAL in, to or from the Leased Premises arising out of,
caused by or in any manner connected with the willful misconduct or negligent actions or
inactions of Lessee, its officers, employees, agents or any of its invitees present on the LEASED
PREMISES. For purposes of this paragraph HAZARDOUS MATERIAL shall mean any waste,
pollutant toxic substance or hazardous substance, contaminant or material regulated by any
ENVIRONMENTAL LAW including, without limitation, petroleum or petroleum -based
substances or wastes, asbestos and polychlorinated biphenyls. As used in this section, the term
ENVIRONMENTAL LAWS shall mean all federal, state and local statutes, regulations or
ordinances relating to the protection of health, safety or the environment including, without
limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and
Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act,
the Toxic Substances Control Act, and all similar state and local laws now or hereinafter enacted
or amended.
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 attorneys' fees incidental thereto, on account of injury to
or death of any person or persons whomsoever, or on account of damage to any property, 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 conditions of this Lease. TENANT shall undertake the
defense of LANDLORD, its officers and employees, in any such litigation if LANDLORD
requests TENANT to do so.
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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 attorneys' fees incidental thereto, on account of loss or interruption of electric service
caused by or in any manner connected with the willful misconduct or negligent actions or
inactions of Lessee, its officers, employees, agents or any of its invitees present on the LEASED
PREMISES. TENANT shall take all reasonable and appropriate steps to prevent any
unauthorized dumping, access or use of the LEASED PREMISES. Such steps shall include the
enactment of appropriate ordinances (if required), posting of appropriate signs limiting access to
those for the purposes of the lease and reasonable policing of the LEASED PREMISES.
TENANT covenants and agrees that it will not permit or suffer any lien to be put
upon or arise or accrue against said 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 said 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.
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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, servants or employees.
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
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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.
In any event, TENANT will provide 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.
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.
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The original policy required under Coverage (3) shall be delivered to
LANDLORD upon execution of this document. 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.
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
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the Lease applicable to TENANT. Any assignment made by TENANT shall be subject to the
terms and conditions of this Lease.
If TENANT is a corporation and if at any time during the term of this Lease, any
part or all of the corporate shares shall be transferred by sale, assignment, bequest, inheritance,
operation of law or other disposition so as to result in a change in the present control of said
corporation by the person or persons now owning a majority of said corporate shares,
LANDLORD may terminate this Lease and the demised term at any time after such change in
control by giving TENANT ninety (90) days prior written notice of such termination.
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.
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. The rights granted by LANDLORD to such third
parties shall not unreasonably interfere with the bike path.
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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 purposes of constructing, installing, operating, maintaining,.
repairing, replacing or patrolling any or all of its facilities and equipment now or later located
thereon. LANDLORD shall endeavor in good faith to notify TENANT in advance whenever
LANDLORD'S entry upon the LEASED PREMISES will interrupt or temporarily suspend the
use of the bike path; provided, however, that LANDLORD shall incur no liability due to the
failure to provide such notice.
TENANT hereby acknowledges that the LEASED PREMISES are used from time
to time to accommodate equipment and facilities of other pipeline and utility companies which
are primarily located below the surface of the LEASED PREMISES. TENANT agrees that it
will contact the owners of the various pipeline and utility equipment and facilities and provide
the proper protection required by the pipelines and utilities, in connection with the use of the
premises for the purposes set forth. TENANT further agrees to furnish LANDLORD copies of
the 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.
Except as may be otherwise expressly provided herein, this LEASE shall not in any
manner or to any extent limit or restrict the right of LANDLORD to use and dispose of the
LEASED PREMISES as LANDLORD in its discretion deems necessary or appropriate for any
business purpose.
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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 that 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 to
condemn asking that LANDLORD voluntary 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,
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 party hereto by giving 90 days' prior written notice to the other parry of such termination.
The mailing of such notice in accordance with the provisions of the Paragraph hereof entitled
"NOTICES" shall be deemed to be sufficient service thereof. In the event this Lease is
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terminated pursuant to this paragraph prior to the end of a lease year, the rent, if any, shall be
pro -rated to the effective date of such termination.
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 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 and to re -enter the LEASED
PREMISES either with or without process of Law to expel, remove and put out TENANT or any
person or persons occupying the LEASED PREMISES, using such force as 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 expressly waiving all right to any notice or demand under any
statute relating to forcible entry and detainer. The decision 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.
EASEMENTS: This Lease is subject and subordinate to, but not limited to all
easements of record.
-17-
0
r.
MODIFICATION OF AGREEMENT BASED UPON CHANGE IN LAW:
During the term of this Lease, if any law, ordinance, rule, ruling or regulation (collectively
"Laws ") is enacted by any authority have jurisdiction over LANDLORD, which places any
additional burden on LANDLORD as a result of TENANT'S use of the Leased Premises for any
purpose, or if the use of the Leased Premises 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 changes(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.
MISCELLANEOUS:
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 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
I".
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.
c) 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.
d) Headings of sections are for convenience only and do not limit or construe the
contents of the sections.
e) 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.
f) 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
1998, 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.
NOTICES: All notices to LANDLORD shall be in writing; to Commonwealth
Edison Company, c/o Land Management Administrator, Real Estate Services, P.O.Box 767,
Chicago, Illinois, 60690, or at such other place as LANDLORD may from time -to -time designate
-19-
in writing. All notices to TENANT shall be in writing; addressed to TENANT at 50 Raupp
Blvd., Buffalo Grove, Illinois 60089, 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:
Im
Title
(AFFIX SEAL HERE)
K:\Idmg\abete\document\lake\BuffRec.doc
LANDLORD:
COMMONWEALTH EDISON COMPANY
M. R. Norris
-15 Land Management Administrato
Real Estate Services
TENANT:
VILLAGE OF BUFFALO GROVE
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