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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. - 2 - 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. — 3 — 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. — 4 — 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, - 5 - 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 - 7 - 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 - 10 - 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 - 12 - 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 — 13 — 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 — 14 — 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, - 15 - 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. - 16 - 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 - 17 - 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