HomeMy WebLinkAboutRESOLUTION - 46-93 - 8/24/1993 - PARKING LEASE AGRMT, EXTENSION OFRESOLUTION NO. 46-93
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN EXTENSION OF A PARKING LEASE
AGREEMENT (RES.NO. 52-88) BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND COMMONWEALTH EDISON (666 LANDMEIER ROAD)
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois as follows:
Section 1: That the Village President be and is hereby authorized to
sign the attached documents marked:
PARKING LEASE SUPPLEMENT NUMBER ONE
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon the
signature of the Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this
APPROVED this
ATTEST:
Patricia S. Smith
Village Clerk
24th
day
of
August..
24th
day
of
August
, 1993.
, 1993.
Dennis J. Gallitano
Village President
LOMBARD-DES PLAINES R/W
PARCEL: 64
NE 1/4, SEC. 28 TWP. 41 RANGE 11E
OF THE THIRD PRINCIPAL MERIDIAN
COOK COUNTY, ILLINOIS
C.E.CO. TAX PARCEL 4493
C.E.CO. NORTHERN REGION
PARKING LEASE SUPPLEMENT NUMBER ONE
LANDLORD: Commonwealth Edison Company, an Illinois Corporation
TENANT: Village of Elk Grove Village, a Municipal Corporation
PARKING LEASE DATED: September 1, 1988
PURPOSE: The Leased Premises are to be used for the driving and parking of
passenger vehicles of TENANT'S employees, insofar as permitted by
law and for no other purpose whatsoever.
LANDLORD and TENANT have entered into the hereinabove mentioned
Parking Lease for a five year period commencing on September 1, 1988, and
expiring on August 31, 1993, and LANDLORD and TENANT desire to amend said
Parking Lease subject to the modifications hereinafter provided.
MODIFICATIONS:
It is mutually agreed that the said Parking Lease is hereby extended
for an additional five year period commencing on September 1, 1993, and
expiring on August 31, 1998, unless sooner terminated as provided in said
Lease.
The paragraph on Pages 6 and 7 of the Parking Lease dated
September 1, 1988, headed "ENVIRONMENTAL PROTECTION" is hereby deleted and
amended to read as follows:
ENVIRONMENTAL PROTECTION:
Hazardo':s 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 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.
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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.
Paragraph 7 under "USE OF PREMISES" of the Parking Lease dated
September ], 1988, is hereby deleted and amended to read as follows:
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.
AUTHORITY TO ACT: This agreement shall be executed for and on behalf
of the TENANT pursuant to a resolution adopted by the Village of Elk Grove
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Village, the TENANT, at a regular meeting held August 24, 1993,
and signed by the officers therein designated as signatories and attested by
the clerk of such TENANT and a certified copy of such resolution shall be
attached hereto and made a part hereof as evidence of the authority herein
exercised by the undersigned officers executing the Lease.
All of the terms and conditions of the Parking Lease dated
September 1, 1988, 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 24th day of August
ATTEST:
By Patricia S. Smith
Title Village Clerk
JVA:rl/4985Y
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1993.
LANDLORD:
COMMONWEALTH EDISON COMPANY
M. R. Norris
Supervisor Land Management
Real Estate Department
TENANT:,
VILLAGE OF ELK GROVE VILLAGE
By Dennis J. Gallitano
Title Village President