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HomeMy WebLinkAboutRESOLUTION - 53-09 - 9/22/2009 - LEASE AGREEMENT WITH PARK DISTRICT 321 BOND STREET RESOLUTION NO. 53-09 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN OFFICE LEASE BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELK GROVE PARK DISTRICT (321 BOND STREET) NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 Mayor be and is hereby authorized to sign the attached document marked: OFFICE LEASE 321 Bond Street, Elk Grove Village,Illinois 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 document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 22nd day of September 2009. APPROVED this 22nd day of September 2009. APPROVED: i Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk i I Agrmt321 BondOfficel ease. I I i i i OFFICE LEASE I Re: 321 Bond Street, Elk Grove Village, Illinois THIS OFFICE LEASE(this"Lease") is made this 24th day of September, 2009 by and between the VILLAGE OF ELK GROVE, an Illinois Municipal Corporation, (hereinafter referred to as the "Landlord"), and the ELK GROVE PARK DISTRICT, an Illinois Non-Homerule Body Politic, (hereinafter referred to as the"Tenant"), who hereby mutually covenant and agree as follows: I. GRANT AND TERM I 1.0 Grant. Landlord, for and in consideration of the rents herein reserved and the covenants and agreements herein contained on the part of the Tenant to be performed, hereby leases to Tenant, and Tenant hereby lets from Landlord, certain real estate consisting of an office building approximately 25,675 square feet of floor area office and warehouse space located at the real property commonly known as 321 Bond Street, Elk Grove Village, Illinois, (p.r.e.i.n. s: 08-22-102-153-0000;08-22-154- 0000;08-22-102-155-0000)together with all improvements now located thereon, together with all appurtenances belonging to or in any way pertaining to the said premises including, without limitation, the existing marked parking spaces for the-building in which the Leased Premises are located, (such real estate, improvements and appurtenances hereinafter sometimes jointly or severally, as the context requires, referred to as "Leased Premises"), and further depicted on the Plat of Survey attached hereto as Attachment A to this Lease, which is by this reference hereby incorporated herein and made a part hereof. 1.f Term. Subject to the provisions of Section 2 of this Lease, the term of the Lease shall commence on October 1, 2009, (hereinafter sometimes referred to as "Commencement Date") and shall end on December 31, 2010, (the "Term"), unless sooner terminated as herein set forth. 1.2 Options. Tenant shall have no option to extend the term of this-Lease. II. POSSESSION 2.0 Possession. Landlord shall deliver exclusive possession of the Leased Premises to Tenant on or before the Commencement Date. Prior to the Commencement Date,the Landlord shall vacate the Leased Premises, and remove all equipment and trade fixtures from the Leased Premises unless the Tenant requests otherwise, in writing. III. PURPOSE 3.0 P ose. The Leased Premises shall be used and occupied for the purposes of general office and warehouse ("storage") uses which directly support the Tenant and its mission of providing public recreation opportunities and any other uses which are permissible under the current zoning ordinances of the Village of Elk Grove Village which are applicable to the Leased Premises. 3.1 Uses Prohibited. Tenant shall not knowingly use or occupy the Leased Premises, or permit the Leased Premises to be used or occupied, contrary to any statute, rule, order, ordinance, requirement i i or regulation applicable thereto; or in any manner which would violate any certificate of occupancy affecting the same; or which would cause structural injury to the improvements; or*cause the value or usefulness of the Leased Premises, or any part thereof, to diminish; or which would constitute a public or private nuisance or waste. 3.2 Tenant's Equipment. All of Tenant's Equipment shall remain the property of Tenant, provided that any of Tenant's Equipment not removed by Tenant at its expense upon the expiration or within fourteen(14) days after any sooner termination of this Lease shall be considered abandoned by Tenant and may be appropriated, sold or otherwise disposed of by Landlord without notice to Tenant, and Tenant will pay Landlord upon demand all reasonable costs and expenses incurred by Landlord in removing, storing or disposing of the same. Tenant will immediately repair and restore, to the condition of the Leased Premises at commencement of this Lease, at its expense all damage to the Leased Premises caused by any removal of Tenant's Equipment therefrom unless Landlord has elected to demolish all or substantially all of that portion of the Leased Premises where such damage has occurred. 3.3 Landlord's Fixtures. Landlord's Fixtures shall include all fixtures of and appurtenances to the Leased Premises, including, but not limited to, the following: heating,ventilators and cooling .systems, air systems, chilled water, electrical infrastructure systems including fittings, valves and piping, and trash compactor system. All of Landlord's Fixtures shall remain the property of Landlord, regardless of the use of such fixtures by Tenant, and under no circumstances.shall the fixtures be considered "Trade Fixtures"as defined elsewhere in this Lease. Tenant shall be permitted to use such fixtures during the term hereof. Tenant will repair and restore at its expense all damage to the Landlord's Fixtures and Leased Premises caused by any negligent use or intentional misuse of Landlord's Fixtures. Landlord at Landlord's expense shall repair and restore all damage to Landlord's fixtures, other than damage for which Tenant is responsible under the immediately preceding sentence. IV. RENT See Section 8.4 hereof. V. INSURANCE i 5.0 Kinds and Amounts. Tenant shall procure and maintain, at its own cost and expense, policies of insurance against such risks and in such amounts as are acceptable to Tenant, in its reasonable discretion. The Landlord shall procure and maintain at its own cost and expense, insurance for the Leased Premises as Landlord determines appropriate. 5.1 Form of Insurance. The aforesaid insurance shall contain standard"additional insured" clauses reasonably satisfactory to Landlord. The aforesaid insurance shall not be subject to cancellation except after at least thirty(30) days' prior written notice to Landlord. Copies of insurance polices (or certificates thereof), together with satisfactory evidence of payment of the premiums thereon, shall be deposited with Landlord at the Commencement Date and renewals thereof not less than thirty (30) days prior to the end of the term of each such coverage. 2 i i VI. DAMAGE OR DESTRUCTION 6.0 Obligation to Rebuild. In the event of damage to, or destruction of, any improvements on the Leased Premises, or of the fixtures therein, by fire and other casualty resulting from Tenant's actions or failure to act, Tenant shall promptly, at its expense, repair, restore, or rebuild the same to the condition existing prior to the happening of such fire or other casualty. In the event of damage to, or destruction of, any improvements on the Leased Premises, or of the fixtures therein, by fire and other casualty resulting from other than Tenant's actions, Landlord shall promptly, at its expense, repair, restore, or rebuild the same to the condition existing prior to the happening of such fire or other casualty. Notwithstanding the foregoing, to the extent Tenant's insurance proceeds are available to cover repairs or rebuilding should such casualty result from Tenant's actions or failure to act, Landlord shall be entitled to such insurance proceeds and shall release Tenant from any further claim or obligation with regard to such repairs or rebuilding. Should any damage result in Tenant being unable to use the Leased Premises or should the Leased Premises be otherwise untenantable for more than sixty days regardless of the Party responsible for such damage or destruction, Tenant may, at its option, terminate this Lease and its obligations hereunder. 6.1 Preconditions to Rebuilding. If the Tenant is obligated to repair, restore or replace the Leased Premises, before Tenant commences such repairing, restoration, or rebuilding involving an estimated cost of more than Twenty Thousand and no/100 Dollars($20,000.00), plans and specifications therefor shall be submitted to Landlord for approval (which approval shall not be unreasonably withheld) and Tenant shall furnish to Landlord (1) an estimate of the cost of the proposed work; and (b) satisfactory evidence of sufficient contractor's comprehensive general liability insurance covering Landlord, builder's risk insurance, and workmen's compensation insurance. 6.2 Excess Insurance Receipts. Any excess of money received from insurance remaining after the repair or rebuilding of improvements shall be paid to Tenant. 6.3 Failure to Rebuild. If either Party is obligated to and does not commence upon the repair or rebuilding of the improvements within a period of sixty (60) days after damage or destruction by fire or otherwise, and prosecute the same thereafter with such dispatch as may be necessary to complete the same within a reasonable period after said damage or destruction occurs, then, in addition to whatever other remedies such Party may have either under this Lease, at law or in equity, the non-defaulting Party shall have the right to terminate this Lease unless such delay was caused by circumstances beyond the control of such Party. VII. CONDEMNATION 7.0 Taking of Whole. If the whole of the Leased Premises or of Tenant's leasehold interest hereunder shall be taken or condemned for a public or quasi-public use or purpose by any competent authority or if such a portion of the Leased Premises including, however, a portion of the improvements, shall be so taken that as a result thereof the balance cannot be used for the same purpose as expressed in Article III, then in either of such events, the Lease term shall terminate upon delivery of possession to 3 I I the condemning authority, and any award compensation or damage(hereinafter sometimes called the j "Award"), shall be paid to the Landlord, provided, however, the Tenant shall have the right to pursue a . separate cause of action for the loss of the Tenant's leasehold interest. Tenant shall continue to pay for I utilities and maintenance contracts until the Lease term is terminated. 7.1 Partial Takings. If only a part of the Leased Premises or Tenant's leasehold interest hereunder shall be so taken or condemned and as a result thereof the Tenant reasonably determines that the balance of the Leased Premises can be used for the samepurpose as expressed in Article III, this Lease shall not terminate and Landlord, at its sole cost and expense, shall repair and restore the Leased Premises and all improvements thereon. 7.2 Landlord not to Take or Condemn. Notwithstanding anything to the contrary herein or elsewhere contained, Landlord agrees not to condemn or take any part or all of the Leased Premises or Tenant's leasehold interest hereunder at any time during the Term VIII. MAINTENANCE AND REPAIRS 8.0 Disclaimer of Representation of Landlord. Tenant is fully familiar with the physical condition of the Leased Premises and all improvements. Except for the obligations set forth in Section 2 herein, Landlord has made no representation*as to the condition of the Leased Premises or the improvements or the fitness or availability thereof for any particular use and none shall be implied from this Lease, and Landlord shall not be liable for any latent or patent defect therein, nor shall Tenant. 8.1 Leased Premises Leased"As Is". Except for the obligations set forth in Section 2 herein, and other than Landlord's representation and warranty hereby given that the Leased Premises comply with the applicable building code regulations and statutes as applicable to the Leased Premises specifically, Landlord makes no representation or warranty, express or implied, with respect to the Leased Premises or any of the fixtures or other items constituting any portion thereof, or the location, use, description, design, merchantability, fitness for use for a particular purpose, condition or durability thereof, or as to the quality of the material or workmanship therein, or with respect to Landlord's title thereto or ownership thereof, and all risks incident thereto shall be borne by Tenant. Tenant has inspected, is fully familiar with and hereby accepts the Leased Premises and has found the same to be satisfactory to it for all purposes relating to this Lease. 8.2 Tenant's Duty to Repair and Maintain. Tenant, at its expense,will, except to the extent otherwise required of Landlord hereunder, maintain the Leased Premises in the condition same exist as of the Commencement Date, ordinary wear and tear excepted,.but not in such a condition as would preclude Tenant's use of the Leased Premises for its intended purposes during the Term. Tenant shall not permit the undue accumulation of waste or refuse matter upon the Leased Premises. I 8.3 Capital Expenditures. Repair and/or replacement of or major repairs to all structural or mechanical systems necessitated by reason(s) other than Tenant's negligent actions or failure to act,shall be undertaken and made by Landlord at its sole cost and expense. 8.4 Maintenance. Except as otherwise provided elsewhere herein, Tenant's duty to maintain and repair, as set forth in Section 8.2 above, shall be conclusively deemed discharged through Tenant's 4 i 1 payment of all costs and charges of utilities and of such maintenance contracts as are currently maintained by Landlord with respect to the Leased Premises, either by reimbursement to Landlord within 15 days of receipt of invoice from Landlord, or by direct payment to the contractor or utility on or before when same becomes due, as Landlord shall elect and so inform Tenant in a timely manner. The nature and estimated amounts of all such utility and maintenance expenses are set forth on Attachment B hereto, which is by this reference incorporated herein and made apart hereof. The undertakings of Tenant in this Section 8.4 shall, in addition to the mutual promises herein made by Landlord and Tenant, be deemed to be the consideration for this Lease, in lieu of any provision for the payment of monies by Tenant to Landlord as "rent", it being understood that the Landlord is not responsible for any costs or expenses other than the repair or replacement expenses set forth in Paragraph 3.3 during the Term of the Lease. 8.5 Alterations. Tenant shall make only the interior or exterior property improvements necessary for the Tenant to conduct its business at the Leased Premises, at its sole cost and expense, as set forth and delineated in Attachment C to this Lease which is hereby incorporated herein and made apart hereof. Further, Tenant agrees that it may be required by the Landlord, or the Landlord's third party Tenant of the Property by written notice to Tenant at least 60 days prior to expiration of this Lease when feasible, to remove Tenant's furnishings,fixtures and equipment and any other property belonging to Tenant from the Leased Premises and to fully restore the Leased Premises to their condition existing on the Commencement Date, ordinary wear and tear excluded, not later than upon expiration of this Lease nor later than fourteen (14) days after any termination of this Lease, at Tenant's sole cost and expense. Landlord represents and warrants that no license, permit or other approval shall be required to be obtained by Tenant in order to lawfully make such improvements and that no new occupancy permit shall be required as a pre-condition of Tenant's occupancy of the Leased Premises hereunder. Tenant shall not create any other or additional openings in the roof or exterior walls, nor shall Tenant make any material structural alterations or material structural additions to the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Upon completion of any work by or on behalf of Tenant, Tenant shall provide Landlord with such documents as Landlord reasonably may require(including, without limitation, sworn contractor's statements and supporting lien waivers) evidencing payment in full for such work. IX. ASSIGNMENT AND SUBLETTING 9.0 Assignment and Subletting_ Neither Tenant nor Landlord (except to the extent Landlord may otherwise have a right pursuant to Section XIII(d) of this Lease) shall (a) assign, convey, or mortgage this Lease or any interest under it; (b) allow any transfer thereof or any lien upon Tenant's or Landlord's interest by operation of law; (c) sublet the Leased Premises or any part thereof; or(d) permit the use or occupancy of the Leased Premises or any part thereof by anyone other than Tenant and its employees, unless otherwise agreed in writing in advance by the other party in its respective sole discretion, in writing. X. j LIENS AND ENCUMBRANCES 10.0 Encumbering Title. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to any claim by way of lien or encumbrance, whether by operation of law or by 5 i t virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises. 10.1. Liens and rijzht to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics', laborers', or materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien; provided, however, that no final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered with all proper costs and charges and shall have the lien released and any judgment satisfied. XI UTILITIES f 11.0 Utilities Tenant shall purchase all utility services currently serving the Leased Premises and hereafter provided to the Leased Premises during the Term, including, but not limited to fuel, water, sewer, and electricity from.the utility or municipality providing such services and shall pay for such services when such payments are due. Notwithstanding anything contained herein to the contrary, including the provisions of Section 8.4 of this Lease, the Tenant shall bear the responsibility for maintaining the air conditioning plant above the rear door to the Leased Premises and furthermore, the Tenant shall be responsible for any utility costs attributable to the aforesaid. Additionally, the Tenant shall bear the responsibility for any utility expenses attributable to the Leased Premises which are individually metered. XII INDEMNITY AND WAIVER 12.0 Indemnity. Tenant will protect, indemnify, and save harmless Landlord from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses imposed upon or incurred by or asserted against Landlord by reason of any accident, injury to, or death of persons or loss of or damage to property.occurring on or about the Leased Premises or any part thereof or the adjoining properties, sidewalks, curbs, streets or ways, but only to the extent resulting from any :negligent or wrongful act or omission of Tenant or anyone claiming by, through, or under Tenant. 12.1 Waiver of Certain Claims. Tenant waives all claims it may have against Landlord for damage or injury to person or property sustained by Tenant or any persons claiming through Tenant or by any occupant of their Leased Premises, or by any other person, resulting from any part of the Leased Premises or any of its improvements, equipment, or appurtenances becoming out of repair, or resulting from any accident and or about the Leased Premises or resulting directly or indirectly from any act or neglect of any person, other than Landlord. All personal property belonging to Tenant or any occupant of the Leased Premises that is in or on any part of the Leased Premises shall be there at the risk of 6 i i Tenant or of such other person only and Landlord shall not be liable for any damage thereto or for the theft or misappropriation thereof. XIII. RIGHTS RESERVED TO LANDLORD 13.0 Rights Reserved to Landlord. Without limiting any other rights reserved'or available to Landlord under this Lease, at law or in equity, Landlord, on behalf of itself and its agents reserves the following rights, to be exercised at Landlord's election and only upon at least twenty-four hours advance written notice from Landlord to Tenant in each case: (a) To conduct reasonable inspections of the Leased Premises during normal business hours of Tenant (b) To show the Leased Premises to prospective Tenants, prospective buyers or future tenants of the Landlord's third-party Tenant of the Property, mortgagees, or other persons having a legitimate interest in viewing the same, and, at any time within the Lease term, to persons wishing to rent the Leased Premises, but not in such a manner or with such frequency as would unreasonably interfere with Tenant's operations at the Leased Premises. (c) During the last thirty (30) days of the Lease term, if but only if, during, or prior to that time Tenant, in its sole discretion, vacates the Leased Premises, to decorate, remodel, repair, alter, or otherwise prepare the Leased Premises for new occupancy; and (d) To transfer and assign, in whole or in part, all rights and obligations, other than any indemnification obligation, under this Lease and in the Leased Premises referred to in this Lease, provided, however, that any such transferee or assignee shall remain subject to all of the terms and conditions of the Lease, including, without limitation, the quiet enjoyment provision set forth in Section XIII herein. Upon twenty-four (24) hours prior written notice, Landlord may enter upon the Leased Premises for any and all of the said purposes and may exercise any and all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant's use or possession of the Leased Premises and without being liable in any manner to Tenant. XIV. QUIET ENJOYMENT i 14.0 Quiet Enjoyment. So long as no event of default shall have occurred and be continuing under this Lease, Tenant's quiet and peaceable enjoyment of the Leased Premises shall not be disturbed or interfered with by Landlord or by any person claiming by, through, or under Landlord. XV. SURRENDER 7 15.0 Surrender. Upon the termination of this Lease whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant's right to possession of the Leased Premises Tenant will, except as may be otherwise provided herein, at once surrender and deliver up the Leased Premises, together with all improvements thereon, to Landlord in the same condition in which the Leased Premises exist on the Commencement Date, reasonable wear and tear excepted. Said improvements shall include all plumbing, lighting, electrical, heating,.cooling, and ventilating fixtures and equipment and other articles of personal property used in the operation of the Leased Premises (as distinguished from operations incident to the business of Tenant; articles of personal property incident to Tenant's business are hereinafter referred to as "Trade Fixtures"). All additional, hardware, non-Trade Fixtures and improvements, temporary or permanent, in or upon the Leased Premises placed there by Tenant shall become Landlord's property and shall remain upon-the Leased Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Tenant, unless Landlord or Landlord's third-party Tenant requests their removal in writing at or before the time of such termination of this Lease. If Landlord so requests removal of said additions, hardware, non-Trade Fixtures, and all improvements and Tenant does not make such removal at said termination of this Lease, or within ten (10) days after such request, whichever is later, Landlord may remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay j the cost of such removal, delivery, and warehousing to Landlord on demand. 15.1 Removal of Tenant's Property. Upon the termination of this Lease by lapse of time, Tenant may remove Tenant's Trade Fixtures provided, however, that Tenant shall repair any injury or damage to the Leased Premises which may result from such removals. If Tenant does not remove Tenant's Trade Fixtures from the Leased Premises prior to the end of the term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Leased Premises resulting from such removal), delivery, and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a Bill of Sale, without further payment or credit by Landlord to Tenant. 15.2 Holding Over. Tenant shall have no right to hold over after the termination date, unless consented to by Landlord. Landlord is hereby authorized by Tenant to remove all property of Tenant after termination date and Tenant shall be responsible for the payment thereof. XVI REMEDIES 16.0 No Waiver. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver or any breach of any of the covenants of this Lease shall be construed, taken, or held to be a waiver of any other breach or waiver, acquiescence in, or consent to any further or succeeding breach of the same covenant. The acceptance by Landlord or any payment of charges hereunder after the termination by Landlord of this Lease or of Tenant's right to possession hereunder shall not, in the absence of agreement in writing to the contrary by Landlord, be deemed to restore this Lease or Tenant's right of possession hereunder, as the case may be, but shall be construed as a payment on account, and not in satisfaction of damages due from Tenant to Landlord. XVII. LANDLORD'S REPRESENTATIONS AND INDEMNITY 8 Landlord represents and warrants to Tenant as follows: A. Landlord has full right, power and authority to enter into this Lease and to perform its obligations hereunder without the necessity of obtaining any consents from any party. B. No proceeding, suit, administrative action or examination, demand or claim of any type has been instituted, or to the best of Landlord's knowledge, is contemplated or threatened against the Leased Premises (or any part thereof), and Landlord is not aware of pending or threatened litigation, proceedings, administrative action or examination, demand or claim in which any person or entity alleges the presence, release, threat of release on or in the Leased Premises, of any spills or disposal of Hazardous Substances (hereinafter defined) that have occurred on or off the Leased Premises as a result of any construction on or operation and use of the Leased Premises, or the presence of equipment containing polychlorinated biphenyl ("PCB"), the presence of asbestos in use or on the Leased Premises, or of the generation, transportation, storage, treatment or disposal at the Leased Premises of any Hazardous Substance. For the purposes of this contract, a "Hazardous Substance" shall be defined to include (a) hazardous waste as defined under the Resources Conservation Recovery Act (RCRA), 42 USC Sections 6901, et seq., or (b) hazardous substance as defined under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC Sections 9601, et seq., or (c) hazardous substance as defined under Illinois Environmental Protection Act (TEPA), 415 ILCS 5/1, et seq., or (d) any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic materials, a hazardous or toxic substance, or other similar term by any federal, state or local statute, regulation or ordinance presently in effect or that may be promulgated in the future as such statutes, regulations or ordinance may be amended from time to time through the Closing. C. Neither Landlord nor, to the best of Landlord's knowledge, any previous owner of the Leased Premises or any third party has (i) used, generated, stored, transported, treated, or disposed of any Hazardous Substance on the Leased Premises, or (ii) informed any governmental authority or agency, federal, state or local, or any private entity, including, but not limited to, any prior owners of the Leased Premises, relating in any way to the presence, release, placement on or in the Leased Premises, or the generation, transportation, storage, treatment or disposal at the Leased Premises of any Hazardous Substance, except in each case in accordance with all applicable environmental laws. D. No hazard presently exists or may have previously existed on the Leased Premises which would be deemed a violation of any federal, state, county or local environmental protection statute, act, ordinance or code, and that to the best of Landlord's knowledge, no Hazardous Substance has been released or discharged on the Leased Premises. I E. Landlord has not received any notice from any governmental authority of any zoning, building, fire or health code violations in respect to the Leased Premises that have not heretofore been corrected, and Landlord knows of no such violations. F.. There is no action, suit, proceeding or governmental or administrative investigation pending or, to the best of the knowledge of Landlord, threatened against Landlord which might, severally or in the aggregate, materially and adversely affect the Leased Premises. authorities and has complied with the requirements of such reports and returns. i G. The execution and delivery of this Lease by Landlord and the consummation of the transaction contemplated herein have been duly authorized by its Board of Trustees and (i) no other corporate acts or proceedings on the part of Landlord are necessary to authorize the transaction 9 contemplated herein, (ii) this Lease constitutes the valid and binding agreement of Landlord and does not contain any provision which would render it unenforceable against Landlord and (iii) neither the execution and delivery of this Lease nor the consummation of the transaction contemplated herein will violate any provision of law. H. Landlord has good and marketable title to all of the Leased Premises. I. Landlord agrees to indemnify and hold harmless Tenant, its officers, commissioners, employees, successors and permitted assigns, from and against all liability, loss, cost, claims, suits and expense (including reasonable attorneys fees), incurred by or threatened against Tenant and arising by virtue of any of the representations or warranties made by Landlord in this Lease failing to be true and correct. �I XVI MISCELLANEOUS 19.0 Landlord's Right to Cure. Landlord may, but shall not be obligated to, cure any default by Tenant (specifically including, but not by way of limitation, Tenant's failure to obtain insurance, make repairs, or satisfy lien claims); and whenever Landlord so elects, all costs and expenses paid by Landlord in curing such default, including without limitation reasonable attorney's fees, shall be so much additional rent due on the next rent date after such payment. 19.1 Amendments Must Be In Writing. None of the covenants, terms, or conditions of this Lease, to be kept and performed by either Party shall in any manner be altered, waived, modified, changed, or abandoned except by a written instrument, duly signed, acknowledged, and delivered by the other Party. 19.2 Notices. All notices to or demands upon Landlord or Tenant desired or required to be given under any of the-provisions hereof, shall be in writing. Any notices or demands from Landlord to Tenant shall be deemed to have been duly and sufficiently given if personally delivered or if a copy thereof has been mailed by United States registered or certified mail in an envelope properly stamped and addressed to Tenant as follows: i Mike Brottman, Executive Director Elk Grove Park District 499 Biesterfield Road Elk Grove Village, Illinois 60007 i or at such address as Tenant may theretofore have furnished by written notice to Landlord, and any notices or demands from Tenant to Landlord shall be deemed to have been duly and sufficiently given if personally delivered or if mailed by United States registered or certified mail in an envelope properly stamped and addressed to Landlord as follows: Raymond Rummel, Village Manager Village of Elk Grove Village 10 I 901 Wellington Avenue . Elk Grove Village, Illinois 60007 19.3 Short Form Lease. This Lease shall not be recorded but if the Parties agree, at the request of either of them to execute a Short Form Lease for recording, the Short Form Lease shall contain the name of the Parties, the legal description, and the term of this Lease. 19.4 Time of Essence. Time is of the essence of this Lease, and all provisions herein relating thereto shall be strictly construed. 19.5 Relationship of Parties. Nothing contained hereon shall be deemed or construed by the Parties hereto, nor by any third Party, as creating the relationship of principal and agent or of partnership, or of joint venture by the Parties hereto, it being understood and agreed that no provisions contained in this Lease nor any acts of the Parties hereto shall be deemed to create any relationship other than the relationship of Landlord and Tenant. 19.6 Captions. The captions of this Lease are for convenience only and are not to be construed as part of this Lease and shall not be construed as defining or limiting in any way the scope or intent of the provisions hereof. 19.7 Severability. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby but each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 19.8 Law Applicable. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. 19.9 Covenants Binding on Successors. All of the covenants, agreements, conditions, and undertakings contained in this Lease shall extend and inure to and be binding upon the heirs, executors, administrators, and assigns of the respective Parties hereto the same as if they were in every case specifically named and wherever in this Lease referenced is made to either of the Parties hereto, it shall ,be held to include, and apply to, wherever applicable, the heirs, executors, administrators, successors and assigns of such Party. Nothing herein contained shall be construed to grant or confer upon any person or persons, firm, corporation or governmental authority other than the Parties hereto, their heirs, executors, administrators, successors and assigns, any right, claim or privilege by virtue of any covenant, agreements, condition or undertaking in this Lease contained. 19.10 Landlord Means Owner. The term "Landlord", as used in this Lease, so far as covenants or obligations on the part of Landlord are concerned, shall at the time of execution of this Lease mean the Village, but thereafter and subsequent to any conveyance of the fee of the Leased Premises by Landlord, "Landlord" shll be limited to mean and include only the owner or owners at the time in question of the fee of the Leased Premises, and in either event of any transfer or transfers of the title to such fee, Landlord herein named (and in case of any subsequent transfer or conveyances, the then grantor) shall be automatically freed and relieved, from and after the date of such transfer or conveyance, of all liability as respects the performance of any covenants or obligations on the part of Landlord contained in this Lease thereafter to be performed, other than any liability, present or future, of Landlord under any indemnification given by the Village in this Lease; provided that any funds in the hands of such Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, � 11 I shall be turned over to that grantee, and any amount then due and payable to Tenant by Landlord or the then grantor under any provisions of this Lease, shall be paid to Tenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day and year first above written, by and through their respective duly officers all of whom do hereby attest to their full power and authority in the premises. LANDLORD: TENANT: VILLAGE OF ELK GROVE VILLAGE ELK GROVE PARK DISTRICT By: Raymond R. Rummel By: Its: Village Manager Its: I I i i 12 ii I Attachment "B" i 10-01-09 through 12-31-10 (estimated) Nature Cost (Est.) HVAC Maintenance $13,105 Electricity Charges Free (Municipal) Natural Gas Charges $9,300 Fire alarm system $4,050 Roof repairs $1,600 Lawn Maintenance $1,700 i i I I i I I I