HomeMy WebLinkAboutRESOLUTION - 52-88 - 8/9/1988 - PARKING LEASE AGRMT/COMEDRESOLUTION NO. 92-88
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A PARKING LEASE AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON (666 Landmeier)
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
I I I inois:
Section 1: That the Village President be and is hereby authorized
to sign the attached documents marked:
PARKING LEASE
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 9th day of August —, 1988.
APPROVED this 9th day of August , 1988.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
�Tillage —Clerk
R/W: LOMBARD—DES PLAINES
PARCEL: 64
NE 1/4, SEC 28 TWP 41 RANGE 11
OF THE THIRD PRINCIPAL MERIDIAN
COOK COUNTY, ILLINOIS
C.E.CO. TAX PARCEL 4493
C.E.CO. NORTHERN DIVISION
PARKING LEASE
THIS LEASE, made effective 1 1988, by and
between COMMONWEALTH EDISON COMPANY, an Illinois Corporation (hereafter called
"LANDLORD"), and VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation
(hereafter called "TENANT"),
W I T N E a a E i H:
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 portion of LANDLORD'S
property so designated (hereafter called "LEASED PREMISES") on the plat,
attached hereto and made a part hereof, dated May 25, 1988, and marked Exhibit
FPA##.
TERM: TO HAVE AND TO HOLD the LEASED PREMISES for the term of FIVE
YEARS, the five year term to commence on , and end
on , unless sooner terminated as hereinafter provided.
PURPOSE: The LEASED PREMISES are to be used for the driving and
parking of passenger automobiles and vehicles of TENANT'S employees, insofar
as permitted by law, and for no other purpose whatsoever.
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, structures and improvements, except those
towers, Poles, wires and fixtures and equipment used by LANDLORD or other
Public utilities and improvements Of Public entities
the Property to Its original elevation, restoring . restoring and regrading
LEASED PREMISES With grass seed. top soil and seeding the
RENT: TENANT has paid one and
Which is hereb NO1lOO Dollar ($1-00), receipt of
Y acknowledged. as consideration and has agreed to the faithful
Performance Of the following terms and conditions for the use of the LEASED
PREMISES.
knows 0—NorTION OF PREMISES: TENANT has examined the LEASED PREMISES and
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 lave been made by LANDLORD, unless contained
herein.
6PPROVEQ INSTALLATIONS QF PARKING LOT: TENANT has submitted, for
LA'DLORD'S approval, its drawing and Plan, dated February 8,
27, 1988, and identified as Exhibit j,13% showing TENAmT,S use and installation
1988, revised May
Of a Parking lot on the LEASED PREMISES, which LANDLORD hereby approves, on
the express condition that TENANT agrees to install, construct, and uttli.,
the LEASED PREMISES in strict accordance with such Exhibit ua-.. TENANT hereby
further agrees that, in the event there are any additional installations or
changes 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.
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ALTERATIONS BY TENANT: TENANT may fill, grade, level and pave the
LEASED PREMISES for parking purposes, but may not raise or lower 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, before spreading of base fill underlying paving. Paving shall
be well—drained, firm and solid blacktop, neat in appearance or if previously
approved by LANDLORD, consist of other dust—free surface materials (except
concrete).
Barricades, for which plans and specifications have been previously
approved by LANDLORD, are to be installed at TENANT'S sole cost and expense on
the LEASED PREMISES to protect LANDLORD'S towers, wires, conduits and other
electric equipment and facilities now or later emplaced. Specifically,
barricades will be placed around the base of the towers or poles as shown on
attached Commonwealth Edison Company Drawing No. C5295 dated May 3, 1982, and
titled "Vehicular Barrier".
Such alterations must not create surface water drainage problems for
adjoining landowners and unforseen problems shall be corrected by TENANT.
DIGGING WORK: TENANT hereby agrees, 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, that TENANT will promptly reimburse LANDLORD for any and all expense
incurred for the repairing or replacement of such 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.
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TENANT hereby also agrees to notify EDISON'S Northern Division
Representative, Mr. William Darling on Telephone Number 870-2002, at least 48
hours prior to the commencement of any work.
MAINTENANCE OF PREMISES: TENANT will maintain the LEASED PREMISES,
together with any wheel stops 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, including cutting and mowing of grass and
weeds, if such conditions exist.
ENTRY TO PREMISES: Vehicles will enter and exit the LEASED PREMISES
only from the TENANT'S adjoining property.
USE OF PREMISES: TENANT will, upon request by LANDLORD, remove or
relocate all passenger cars, and other vehicles, 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 or relocate such passenger cars and other
vehicles, then TENANT hereby authorizes 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 vehicles' removal or
relocation.
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.
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TENANT agrees, at its sole cost and expense, to provide the labor,
material and equipment required, to remove any improvements that might be in
conflict with any future use by LANDLORD, or by 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.
No advertising signs or billboards will be placed or permitted on the
LEASED PREMISES.
TENANT will not make, or permit to be made, any use of the premises
which, directly or indirectly, is forbidden by public law, ordinance or
government regulations, or which may be dangerous to life, limb or property,
or which may increase LANDLORD'S insurable risk.
TENANT agrees, in further consideration for granting this lease, that
TENANT will allow LANDLORD and its representatives, employees, agents and
contractors, the right and permission, to come upon and use any portion of
TENANT'S adjoining property, in order that LANDLORD may have free and
unrestricted ingress and egress to LANDLORD'S facilities, at all times, during
the term of this agreement or any extension thereof.
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 FIFTEEN (15) feet from grade level, including, but not limited to, any
equipment attached to vehicles or equipment such as antennas, shall be driven,
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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 or
model airplanes and driving minibikes, go carts and snowmobiles. TENANT shall
post signs prohibiting such activities.
The violation of any covenant of this Section may be restrained by
injunction.
ENVIRONMENTAL PROTECTION: TENANT shall comply with all applicable
environmental statutes, ordinances, rules, regulations, and orders (hereinafter
referred to as "Standards"), issued by any federal, state or local
environmental agency, relating to TENANT'S use of LANDLORD'S property
hereunder. Such Standards encompass, but are not limited to, those concerning
air, water, noise, solid wastes, hazardous substances, and hazardous wastes.
TENANT shall not use waste oil as a means of suppressing dust on gravel roads
or anywhere else on LANDLORD'S premises. TENANT shall reimburse LANDLORD for
all costs incurred by LANDLORD, including, without limitation, fines and
penalties imposed for violation of Standards and the actual expense of
correcting the actual or alleged violation. TENANT shall assume liability
for, and shall indemnify and hold LANDLORD harmless from, any claim or
violation of Standards, which results from TENANT'S use of LANDLORD'S premises.
TENANT, at its cost, shall assume the defense of all claims of
violation of the Standards, regardless of whether they are asserted against
TENANT or LANDLORD, except claims resulting from LANDLORDIS sole negligence.
Notwithstanding the expiration or termination of this agreement, TENANT shall
remain liable for all costs provided for herein, and shall further remain
obligated to defend, indemnify and hold LANDLORD harmless for any and all
violations, or alleged violations, of Standards, which occurred or were caused
during the actual term of this agreement.
INSURANCE AND INDEMNITY: TENANT shall indemnify and save harmless
LANDLORD, its officers and employes, from all claims, litigation and liability
asserted against them or any of them, and any costs and attorney's fees
incidental thereto, on account of injury to or death of any person or persons
whomsoever, on account of damage to any property, or on account of loss or
interruption of electric service, 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 condition of this lease. TENANT shall undertake the
defense of LANDLORD, its officers and employes, in any such litigation, if
LANDLORD requests TENANT to do so.
TENANT covenants and agrees, that it will not permit or suffer any
lien to be put upon, or arise or accrue against the 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 the 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
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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.
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,
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 subcon-
tractors with limits not less than the combined single
limit of $1,000,000 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 $1,000,000 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.
The original policy required under Coverage (3) shall be delivered to
LANDLORD upon execution of this document. The 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
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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 the Lease applicable to
TENANT. Any assignment made by TENANT shall be subject to the terms and
conditions of this Lease.
TAXES: TENANT shall reimburse LANDLORD for any increase in real
estate taxes which occurs because: (1) TENANT'S use of the LEASED PREMISES
has changed the classification of the real estate tax parcel or parcels of
LANDLORD'S property in which the LEASED PREMISES are located and thereby
increased the assessed valuation thereof; or (2) TENANT'S improvements have
been included in the assessment of LANDLORD'S real estate interest or
improvements in the real estate tax parcel or parcels of LANDLORD'S property
in which the LEASED PREMISES are located; or (3) Both events have occurred.
If LANDLORD so requests, TENANT agrees to pay LANDLORD on the first
day of each month as an additional adjustment to the monthly rent and
considered to be additional rent, an amount equal to 1112 of the estimated
additional taxes which are to be paid by LANDLORD as a result of TENANT'S
occupancy of the LEASED PREMISES to the extent that such additional taxation
has arisen for any or all of the reasons specified in the preceeding
paragraph. The additional rent for any current lease year shall be calculated
either by using the most recent tax bill paid by LANDLORD or other recent tax
data.
As soon as practicable after LANDLORD has ascertained the amount of
real estate taxes attributable to TENANT'S occupancy of the LEASED PREMISES
for each year of the lease term, LANDLORD shall deliver to TENANT a statement
setting forth the actual additional real estate taxes attributable to TENANT'S
occupancy of the LEASED PREMISES and the total amounts paid as additional rent
for the specified year. If the actual amount of increased real estate taxes
attributable to TENANT'S occupancy of the LEASED PREMISES is greater than the
total of the estimated payments made by TENANT for the specified year then,
within thirty days after delivery of the reconciliation statement, TENANT
shall pay the difference as additional rent to LANDLORD.
In the event that the total of the estimated payments made by TENANT
for a specified year exceeds the actual additional real estate taxes
attributable to TENANT'S occupancy of the LEASED PREMISES for that year, then
LANDLORD shall, at its option, either pay such excess amount to TENANT within
sixty days after delivery of the reconciliation statement or notify TENANT
that such amount will be credited against payments next due from TENANT.
If LANDLORD does not request installment payments in respect of
increased real estate taxes resulting from TENANT'S occupancy of the LEASED
PREMISES, then TENANT shall reimburse LANDLORD for any such increase in real
estate taxes within thirty days after receipt of a bill from LANDLORD for the
amount of the additional real estate taxes paid by LANDLORD as a result of
TENANT'S occupancy of the LEASED PREMISES to the extent that such additional
taxation has arisen for any or all of the reasons specified in the first
paragraph of this "Taxes" section of this lease.
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
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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.
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.
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 purpose of
constructing, installing, operating, maintaining, repairing, replacing, or
patrolling, any or all of its facilities and equipment, now or later located
thereon.
TENANT hereby acknowledges, that the LEASED PREMISES may be used,
from time to time, to accommodate equipment and facilities of other pipeline
and utility companies, which would be primarily located below the surface of
the LEASED PREMISES. TENANT agrees, that in any event, it will contact the
owners of any such various pipeline and utility equipment and facilities, and
provide the proper protection required by the pipelines and utilities, in
connection with its use of the premises, for the purposes set forth. TENANT
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further agrees, to furnish LANDLORD copies of any such 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.
This lease shall not, in any manner or to any extent, limit or
restrict the right of LANDLORD, to use or dispose of the LEASED PREMISES, as
LANDLORD may in its discretion, desire.
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 the 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 with power to condemn,
asking that LANDLORD voluntarily 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
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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.
TERMINATIO OF LEASE: This lease may be terminated at any time by
either of the parties hereto, by giving 90 days' prior written notice to the
other party of such termination. The giving of such notice, in accordance
with the provisions of the Paragraph hereof titled "NOTICES", shall be deemed
to be sufficient service thereof. In the event this lease is terminated,
pursuant to the provisions of this paragraph, then any rental, paid in
advance, shall be prorated to the effective date of such termination, and the
unearned portion thereof, refunded to TENANT.
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 Federal or State law, or
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, the lease terminated, and
thereupon to re-enter the LEASED PREMISES, either with or without process of
law, and 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,
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without prejudice to any remedies, which might otherwise be used for arrears
of rent or preceding breach covenants; TENANT hereby is expressly waiving all
right to any notice or demand, under any statute relating to forcible entry
and detainer. The decisions 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.
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
VILLAGE, the TENANT at a regular meeting held August 9 1 1988,
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.
MISCELLANEWS:
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 receipt of money by the LANDLORD from the TENANT, after the
termination of this lease, or after the service of any notices, or after the
commencement of any suit, or after final judgment for possession of the
premises, shall renew, reinstate, continue or extend the term of this lease or
affect any such notice, demand or suit.
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c) 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 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.
d) 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.
e) Headings of sections are for convenience only, and do not limit
or construe the contents of the sections.
f) 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.
g) 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.
NOTICES: All notices to LANDLORD shall be in writing: to
Commonwealth Edison Company, c/o Land Management Supervisor, Real Estate
Department, P.O. Box 767, Chicago, Illinois 60690, or at such other place as
LANDLORD may from time -to -time designate in writing. All notices to TENANT
shall be in writing; addressed to TENANT at 901 Wellington Avenue, Elk Grove
Village, Illinois 60007-3499, or at such other place as TENANT may, from
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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: Patriria s- smiri,
Title Village Clerk
190BF:gak
- 18 -
LANDLORD:
COMMONWEALTH EDISON COMPANY
Land Management Supervisor
TENANT:
VILLAGE OF ELK GROVE VILLAGE
BY Charles J. Zettek
Title Village President
LEGEND
JJPARKING AREA
EZLAWN MAINTENANCE
AREA
EXHIBIT 11 A 81
LOMBARD - DESPLAINES R/W
PARCEL NO -64
LOCATED IN
NWI/4 SEC.27-41-11
ELK GROVE VILLAGE
COOK COUNTY JLLINOIS
DATED: 5-25-88
NUM -1
rri
x
31
5"- 3 92
C5295
F
3'-6"
MIN
VEHICULAR BARRIER
CONCRETE CROWN
STEEL PIPE FILLED
WITH CONCRETE
r'A
GRAD
4'- 6 B
MIN
-T
BARRIER DETAIL
_'r4l'-6"MAXt2�- 2'-O`�
I 2'�6' MIN
IN
T --4I-
41- 6"
5- 3 - 9';-
05295
- - --0-
EQUIPMENT
a
14AX FRO T OF BARRIERS
-0-- T FOUNDATION Lt4�
2'-6" W'
4' - So
r�MAX
ILOF FOUNDATION
I TE)
MATERIAL DESCRIPTION *
I MIG 1
SI
I UN I Tj QTY
A
CONDUIT. RIGID. STEEL. 4 IN. IPS
R I
3T62 4
FT 10
0
MIXTURE. CONCRETE. 90 LB
93 6
IN MATERIAL SHEMIN IS FOR ONE BARRIER.
NOTES:
SUPPLEMENTARY MATERIAL
1. OMIT ITEM -A A DECREASE ITEM -B BY 2 BAGS. tF RAILROAD RAIL
(90# MIN) IS AVAILABLE.
INFORMATION
11. THIS TYPE OF BARRIER SHOULD BE USED WERE DAMAGE TO
EQUIPMENT. 9" AS COMPARTMENTAL TRANSFORMERS.
SPITCHING CUBICLES, OR POLES, IS PROBABLE BY A VEHICLE.
12. OTHER TYPES OF BARRIERS MAY BE USED UPON APPROVAL OF
THE ENGINEERING DEPARTMENT.
@ WHEN OVERHEAD OBSTACLES PREVENT R04MAL OF EQUIPMENT
BY CRANE, ONE CF TW BARRIERS MUST BE MADE RE1140YABLE.
DO NOT INSTALL BARRIER IN AREA SHADED MIEN 36
TRANSFORMER IS INSTALLED.
DO NOT INSTALL 13ARIRIER IN AREA SHADED INHEN
SWITCHGEAR IS INSTALLED.
T & D
DEPARTMFNT
10- PLAN
FOR FOUNDATION
6 " MAX
PLAN
FOR POLE
��' I � I �� 1.1� I , I
� C41� 0
Pl- REVISION SYSTEM STANDARD