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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. - 2 - 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 - 3 - 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 - 4 _ 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