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R-17-01 Authorizing Execution of a Lease Agreement Between the Metropolitan Water Reclamation Dristrict of Greater Chicago and the Village of Lemont, IllinoisRESOLUTION NO. e -17 -0 DATE OF APPROVAL 3 -i.. o j RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT BETWEEN THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND THE VILLAGE OF LEMONT, ILLINOIS WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago, a Municipal Corporation organized and existing under the laws of the State of Illinois, with principal offices at 100 East Erie Street Chicago, Illinois 60611, (hereinafter designated as "Lessor "); and WHEREAS, the Village of Lemont, an Illinois Municipal Corporation whose Village Hall is located at 418 Main Street, Lemont, Illinois; (hereinafter designated as "Lessee "); and WHEREAS, both Municipal Corporations heretofore described desire to enter into a standard Governmental Lease Agreement; and WHEREAS, the Village of Lemont hereby agrees to adopt the attached lease agreement with the Metropolitan Water Reclamation District of Greater Chicago; and NOW, THEREFORE, IS IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the attached Lease Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this P./ day of Mc-'.4' ,2001. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT eite.Le-e, CHARLENE M. SMOLLEN, Village Clerk Approved by me this r 7.. day of , 200 1. pI' i1 Attest: CHARLENE M. SMOLLEN, Village Clerk RICHARD A.KWASNEKSI, Village President ZARESOLL^.Y.TNNSW WAD.LSE Village of Lemont Comments on Lemont - MWRDGC lease February 2, 2001 Parcels 24.05, 25.02, Channel Atlas PINs 22 -21- 200 -003, 22 -16 -100 -004, 22 -15 -100 -001, Cook County PINs 10- 15- 302 -001, 10 -16- 403 -001, Du Page County General ► We have contacted the Illinois Department of Natural Resources and submitted an Agency Action Report application to the Department for review. We understand the IDNR will do an environmental audit to determine whether endangered or threatened species are present on the subject property. ► If a reference to an inter - governmental agreement (between Village of Lemont and Lemont Park District) is needed, we suggest the following language in the recitals: "Lessor acknowledges Lessee intends to enter into an Inter - Governmental Agreement with the Lemont Park District for the purposes of developing the subject property consistent with the stated terms of the lease. Lessee agrees to provide a copy of the Lemont Park District Agreement to the Lessor which shall be subject to their approval." First Paragraph ( "THIS INDENTURE... ") • "Village of Lemont" is the Lessee, with principal offices at "418 Main Street. Lemont. Illinois 60439." 1.01 DEMISED PREMISES • Exhibit A will be a legal description of two MWRD parcels, numbered 24.05 and 25.02 in the MWRD Channel Atlas. Please provide the complete legal descriptions and plats of survey of these two parcels. (The Sidwell Atlas indicates that the Cook County portion includes lot 197, lot 198, and part of lot 200, all in Sanitary District Trustees Subdivision Township 37 North, Range 11 East, recorded March 31, 1908 as document 4180218. The Du Page County portion appears to be lots 10 & 11 of Sanitary District of Chicago Subdivision of Secs. 1, 11, 14, 15 and 16 of Township 37 North, Range 11 East [no recording date or document number].) ► The demised premises are in both County of Cook and County of DuPage. 1 • The subject parcels consist of 86.16 acres, according to the Charnel Atlas, or 3,753,130 square feet The area of the subject property needs to be verified. 1.02 TERM OF LEASE • We understand the term of the lease should be 39 years. • The beginning date will be the date of MWRDGC Board approval. 2.01 RENT AND ADDITIONAL COMPENSATION ► The basic annual rental payment is a nominal rate of $10.00. ► Sub - paragraph C. ADDITIONAL COMPENSATION - (NON- RENT), should state that "Lessor will not engage in any `for profit' venture nor allow any sub - lessee to engage in such activity without the express written consent of Lessor. In the event the Lessee should be desirous of using the property for purposes of generating revenue in excess of operating expenses. the Lessee shall pay fifty percent (50 %) of such sum to the Lessor as additional rent." 3.06 LESSEE TO PAY TAXES... • DuPage County currently assesses taxes on MWRD parcel number 25.02. According to the Downers Grove Township Assessor, the 2000 taxes on parcel 10 -15- 302 -001 were $2,198.04 and parcel 10- 16- 403 -001 were $257.98, making the total tax liability $2,456.02. The Village agrees to pay any real estate taxes owed under the existing language in paragraph 3.06. 3.07 USE OF DEMISED PREMISES ► Please insert the following project description: "It is understood that the Demised Premises are to be used by said Lessee for the sole and exclusive purpose of public open space preservation and recreational uses including but not limited to hiking, primitive camping, fishing, and bicycling. in accordance with improvement plans subject to Lessor's reasonable review and approval, and for no other purpose whatsoever.' 2 5.01 GENERAL ENGINEERING RESERVATIONS AND REQUIREMENTS ► Paragraph F requires the Lessee to "relocate or remove" improvements within 90 days if the District determines the demised premises are needed for corporate purposes. This seems to give MWRD the ability to reclaim all or part of the leased area on very short notice. Are there assurances elsewhere that the Village and Park District investment will be protected? ► The term "Main Channel" should be used to complete the blanks in paragraphs J and L. 6.01 CONSTRUCTION REQUIREMENT and 6.02 TIME OF CONSTRUCTION • We request two (2) years for commencement of the project and five (5) years for completion of the project under these paragraphs. 10.10 COMPLIANCE (ENVIRONMENTAL) • The Village is willing to perform a Phase 1 Environmental Assessment as required under the Lease. C:TENIP QKWPD 3 Iadio IIW01 II' Mr1,4,141"X+ lll� 1 . lnwr•1 ' � 1) _.11. 1t1 IL,rfl'bt ),1'hl , '\ 1 1 , i 1 11,, \ • 2 , „ Ip,1 rr A � , (, 4-01.. �'r� 1 '" )I ), 1 I ( �\ \ \. T. a \� 1 1. ). 1.. ..I. r, k\ / , I1 r1 1 �. � 1P 1 / ) � , t1 1: r. " r 11 / ✓. 0'11 ' )'6, - ✓ 1' 1 ,�" ) c.RS� II j.. ��) G 4 ) '� ``• A \y %' ..> Ar I. 1 )1,4' ( • "+' ,1 111 r \'.. + i1, • AkIt 1. sti 1 1, - ,. 1, !,.,_,4 n ' -1A), l'1` Ilf ':_J �..e^. N r r'`i'2 6J« A 1 . I, '� .,, i11 ) I 1'r 11714 i,h i�� 1..1,,isrl'( 1, , w. t 1 ' ' IIr 1 I,( -1)d�t I,� 111 I �\ u` ,()111 Vitl III J `11 �)l 1' rl 1 +1" 1l 11110�1, ir irk ��: ,lI' 1 1\11' UIJ I ' ( 1r 1 1 1 1,.,) 1 X11 1 p1 i 1 1 :1' 111 „i; i �( 1 111 ill )I•1/1i1,1 ti ' , It sp 1�41NAIg 4.606- :1,,Y7'...". sl .1 _,...1..,,,,._.,j py \. \ \4 ( - - / (, I l ,/n �l�± l yl. i . --� (, a. , I� �',. x/99 Fi,. 1' ,1 v�i''�`, :1t i �4, ‘1::\'': f, • ic11u u , ' ., I 1,, ,f1U111S1 111, �; .('111 (1,, � / ti, I 1 P /1 11 'u ;,11 2.i1,r 111 1' h► J 'I , O1` 1 1 I % \. 1 / I I. ' 11 ' 1'' //), .,_,1 .1, ^s f XI) ew ,}` "K itridge " ,1.z0 ' :T/0:4 •• l v • 11� 1 +11'41,111 N ✓ • 1 1 ;u1. ,07165 ■ ) ' (/ot,I, iy 1,11,1) I" I I ( 1 �''1 1 , 1 O A A , 11 Oft 4 ►�1�� _,— _— . -,;:•,:iriel • ' l'''. '1.1°11"..1;1 ■:.151"Ir. 111 " • ;0141 'to* *00 ecti co---A ND Po0.1111/• flu loDa• - :401 1110040 10t10.10011:01 II 01 40. 11..1621440,....0 2103 40. Stool C114111,40 / 21114 Dt.1./.auo C000Iy u /103 00cu01 1406 OuPugo CelutIly r. 240/ 11.10314 b,v. 1.sv 1460 00,0/11 14 DI • CO014r-CI5o10; P 114./ 1,49 .4., 5.il 1••• I Icy 1100 /11 1.11 (11 01.11 IA .414 III :4/ 10 1.15A :11 /14 I . / 11/ • IAJ 14 ,■41 471)1 •0.101 .11004110 2)0* •1,4,00t altle4 00 110 —1 - 21 r !IN 1111E !!!!!•■•.2! . 04 01 41 1001 11 ARAI ' 0/ 06 DA 10 4014 '5 5 Ill .1 ID AA14 j 04 01 11..1 II .011 II 05 Y:1001 II Aka 04 01 /11001 11 1011 •\ RIGHT OF WAY OF THE MAIN CHANNEL LEGEND VIM L L1/01,441. Us• C ".. *LI. 111,10 01 DAY cloAr IS 11105511AI* III.L1 111.1.11 50114 /04 «.44034 *41.0 Ulf 1110 - /11.310■15./LI /AD /0.1611 1114-1,41ATIut1 DIS1111C7 ^ — /•141 110h44 111 11i1 1) 151 tt10 ';11:111/44 14■I hsaute( 1/1)7 ILLINOIS DEPARTMENT OF NATURAL RESOURCES 2 524 Sc..:. Seccrd Street, crn Reid 52701-1737 Gc\,e,..cr • .,re pia rr.,, .re tom. EYDANGERED SPECIES CONSULTATION PROGRAM AGENCY ACTION REPORT Date Submitted: 01/18/01 Is this a Resubmittal? [Yes / No] Please circle one If 'Yes', enter PROJCODE: Agency Nar:ie: Village of Lemont Contact Person: Timothy Teddy, Community Development Director Agency Address: 418 Main Street Lemont. IL 60439 DESCRIBE=PRECISI✓ i:OC- TTION'OI'PROPOSE :AU -11014 Project Name: "Heritage Quarries" Countv(ies): Cook (36 acres); DuPage (50 acres) City /Town: Lemont ToviT!ship . ange /Section: T37N, R11E, Sec. 21: Sec. 15; Sec. 16 U.S.G.S. Quad Map Name(s): Sag Bridge, IL Brief Description of the Proposed Action: v;1 tau. of Lemont proposes to lease approximately 86 acres from Metropolitan Water Reclamation District of Greater Chicago for use as a nature preserve and park (passive recreation) PROJCODE: :✓LCC 552 Date Due: Y �'J L For Office Use Only Phone: E -mail: 630.257 -1590 vlemont @aol.com Please enclose a map delineating the location of the proposed action, and return to Dr. Deanna Glosser at the SPRINGFIELD address a ove. FOR NATURAL RESOURCE REVIEW & COORDINATION USE ONLY QUADCODES: Are there threatened/endangered species or Natural Areas known to be located within the vicinity of the project? Is the proposed project Incely to adversely affect the threatened/endangered species or LNAI sites? The consultation process is terminated? If `No ", complete the enclosed Detailed Agency Actieta Report to continue the consultation process. Comments: t_., --L 7e-,--E .4 LIA Z'-e E; > ;2 ,_ Y Y KC_ No] No ] Ev , uation Appro d by: Deanna Glosser, Ph.D. Chief, Div. of Natural Resource Review & Coordination Date Effective July 1, 1995, the illincis "•" Department of Natural Resources was auorrgl, the consolidation of the Illinois Cepartrnant of Conservation, Department d lines and Minerals. Abandoned Mined Lands Aedamation Council. ate Department of Transportation's Lesion of Water Resources, and ate Illinois State Museum and Scientific Surveys from the Iffned Department of Energy and Natural Resources (printed on recycled and recycable paper! Illinois Department of Natural Resources 524 South Second Street, Springfield, Illinois 62707 -1727 February 23, 2001 Mr. Timothy Teddy Community Development Director Village of Lemont 418 Main Street Lemont, IL 60439 Code # 0100552 http://dnrstate.11.us George H. Ryan, Governor • Brent Manning, Director RE: Heritage Quarries, Lemont, Cook and Du Page Counties Endangered Species Consultation Program Natural Heritage Database Review # 0100552 Dear Mr. Teddy: Thank you for submitting this project located in Sections 15, 16 & 21, Township 37 North, Range 11 East for consultation in accordance with the Illinois Endangered Species Protection Act [520 ILCS 10 /11], the Illinois Natural Areas Preservation Act [525 ILCS 30/17], and Title 17 Illinois Administrative Code Part 1075. The Natural Heritage Database identified that Lemont East Geological Area Illinois Natural Area is located in the eastern quarter of the proposed project area. No development or other improvements within this Illinois Natural Area are proposed. Adverse impacts to this protected resource area resulting from the proposed project are not likely. Consultation is terminated. Termination does not imply the Department's authorization or endorsement. Consultation may be re- opened if information or potential impacts, not previously considered, are brought to our attention. Consultation is valid for no more than two years; if the project has not been implemented by then, a new consultation will be necessary. The Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of significant natural features in any specific location; consultation cannot replace detailed site surveys. Should a protected resource be encountered during the project's implementation, compliance with applicable statutes and regulations is required. Sincerely, Rick Pietruszka, Project Mari/ ger Endangered Species Consultation Program Division of Natural Resource Review and Coordination Ph. (217) 785 -5500 Fax (217) 557 -0728 cc: Frank Gardner, Metropolitan Water Reclamation District of Greater Chicago Printed on recyded and recydab estodc Village of Faith February 2. 2001 Mayor Richard A. Kwasneski Village of Lemont COMMUNITY DEVELOPMENT 418 Main Street • Lemont. IL 60439 (630) 257 -1595 Mr. Frank Gardner, Head Assistant Attorney Village Clerk Law Department Charlene \I. Smoilen Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Trustees Chicago, IL 60611-2803 John Benik Debby Blatzer Keith Satz RE: Village of Lemont Lease of 86.16 acres (Channel Atlas parcels 24.05, 25.02) Connie Markiewicz Rick Rimbo Dear Mr. Gardner: Mary Studebaker Ad ministrator For your review and distribution, please find enclosed the following.: Steven A. Jones Community Development Scott Buenine Fax 630/243-0958 Email: vlemont @aol.com www.lemont.il.us 1. One copy of comments on the MWRD "LEASE AGREEMENT (Governmental Form) ;" Four copies of a "Preliminary Master Plan" entitled "Heritage Quarries of Lemont:" 3. One copy of an Agency Action Report application sent to the Illinois Department of Natural Resources; One copy of the Village of Lemont's Certificate of Coverage issued by the Intergovernmental Risk Management Agency (IRMA); 5. Two pages from the Channel Atlas identifying the subject property. As you are aware, the Village of Lemont requests approval of a lease of the above -noted MWRD property for use as open space and public recreation. The Village will combine the leased parcel with adjacent property it is acquiring through eminent domain. All plans for specific improvements will be submitted to the District for review and approval. We have reviewed the standard MWRD governmental lease with the Village Attorney and we find the terms to be acceptable. Most of the comments are simply completion of the open -ended provisions of the lease, such as names, project description, and property description. We have suggested language that will require the Village to submit an inter - governmental agreement to the MWRD for review and approval. The Village of Lemont, as Lessee, also agrees that it will not operate nor sub -lease for any "for- profit" operation without MWRD's prior approval. The Mr. Frank Gardner February 2_ Page 2 Lessee agrees to pay real estate taxes on the Du Page County portion of the subject property. I believe we have addressed the leasing issues raised to date. Kindly distribute the plans and our proposed lease for review, and advise us of the next steps in the approval process. Naturally, we are anxious to advance the lease to an MWRD Board meeting for authorization as soon as possible. Thank you for your invaluable assistance on this project. We sincerely appreciate the cooperation of MWRD to make the "Heritage Quarries" park a reality. Should you have any questions or need additional information regarding our request, please call me at 630/257 -1595. Sincerely, Timothy Teddy Community Development Director c: Mayor Richard A. Kwasneski Robert Porter, Director of Parks and Recreation, Lemont Park District Gary Holmes, Village Administrator Drew Irvin, Assistant Village Administrator John Antonopoulos, Village Attorney enclosures 4 CL:nm LEASE AGREEMENT (Governmental Form) REV. 6 -12 -02 THIS INDENTURE, made this 16th day of November 2000, by and between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing under the laws of the State of Illinois, with principal offices at 100 East Erie Street, Chicago, Illinois 60611 (hereinafter designated the "Lessor "), and the VILLAGE OF LEMONT, 418 Main Street, Lemont, Illinois 60439, an Illinois municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter designated as the "Lessee "). WITNESSETH THAT: ARTICLE ONE 1.01 DEMISED PREMISES The Lessor for and in consideration and of the covenants and agreements hereinafter contained, does hereby demise and lease unto said Lessee all of the Demised Premises depicted in Exhibit "A" which is attached hereto and made a part hereof, located in the County of Cook and State of Illinois for public or public recreation purposes, as more specifically described in Article Three, Paragraph 3.07 hereof, pursuant to 70 ILCS 2605/8 and 8c consisting of 85± acres of vacant real estate commonly known as District Main Channel Atlas Parcels No. 24.05 and 25.02 located south and adjacent to the Chicago Sanitary and Ship Canal, east of Consumer's Quarry (a /k /a Turning Basin) in the area of Lemont, Illinois. 1.02 TERM OF LEASE The term of this Lease is 39 years, beginning on the 15th day of June, A.D., 2002, and ending on the 14th day of June A.D. 2041, unless said term shall be sooner ended under the provisions hereof. ANYTHING CONTAINED IN THIS LEASE TO THE CONTRARY NOTWITHSTANDING, THIS LEASE IS TERMINABLE BY LESSOR IN ACCORDANCE WITH SERVICE UPON LESSEE OF A ONE -YEAR NOTICE TO TERMINATE AFTER DETERMINATION BY THE BOARD OF COMMISSIONERS AND GENERAL SUPERINTENDENT OF LESSOR THAT THE DEMISED PREMISES (OR PART THEREOF) HAS BECOME ESSENTIAL TO THE CORPORATE PURPOSES OF THE LESSOR. IN SUCH EVENT, ANY RENT DUE SHALL BE ABATED IN DIRECT PROPORTION TO THE AREA RECOVERED HEREUNDER AS COMPARED TO THE AREA OF THE ORIGINAL LEASEHOLD. 1.03 LEASE EXECUTED BY LESSOR WITHOUT WARRANTIES It is expressly covenanted and agre:d by the parties hereto that the Lessor executes and delivers this Lease without represent'itior. or warrcntio.; concerning Lessor's title to the premises and authority to execute this Lease and building and zoning laws affecting the demised premises. The Lessee has examined the title to the premises and Lessor's authority to enter into this Lease and is satisfied therewith. Lessee has further examined the building and zoning laws concerning the demised premises and is satisfied that it may construct such improvements as it j deems necessary in connection with its proposed use of the Demised Premises of this Lease and that said Lessee may use the demised premises in accordance with the uses provided for in Section 3.07 of this Lease: A. In the event on the date hereof or any time hereafter, the building and zoning laws do not permit the use set forth in Section 3.07 hereof or the construction set forth in Section 6.01 hereof, the Lessee agrees, at its own expense within one (1) year of the date of this Lease, to take such action as may be necessary to obtain such zoning change and building permits or to obtain Lessor's approval of a different use or improvement which is permitted under the zoning Taws /building codes; B. The failure of the Lessee to obtain such zoning change as may be necessary and /or such building permit within one (1) year of the date of this Lease, shall be cause for immediate cancellation of this Lease, at the option of the Lessor, provided, however, in this event, all rents due or coming due hereunder shall abate as of the date of the cancellation of this Lease pursuant to this subsection. 1.04 EFFECT OF CONDEMNATION OF DEMISED PREMISES It is expressly covenanted by the parties hereto that in the event of any condemnation of the Premises herein leased, of the Demised Premises herein granted, or any part thereof, the entire condemnation award shall be the sole property of the Lessor, except for the actual value of the improvements made by Lessee during this Lease as of the date of the final judgment order in said condemnation proceedings; that Lessee shall be entitled only to a decrease in the rent reserved by percentage in relation to the whole tract to the part taken; and in the event the whole tract is taken or so much of the tract is taken as to prohibit the operation or use of the Demised Premises by Lessee for the purpose set forth in Section 3.07 hereof on the portion remaining impracticable, the Lessee shall be entitled to the cancellation of this Lease. ARTICLE TWO 2.01 RENT AND ADDITIONAL COMPENSATION The Lessee covenants and agrees, in consideration of the leasing of the Premises aforesaid, to pay to the Lessor as rent for the said Demised Premises the nominal rental of $10.00. A. ADDITIONAL COMPENSATION -- (NON- RENT): Cash: In addition to the foregoing cash rent to be paid by Lessee to Lessor, Lessee shall pay in cash to Lessor twenty -five percent (25 %) of the gross revenues generated by Lessee's .isq of or activities on the Demised Premises. On each anniversary of the effective date of this Lease, Lessee shall furnish to Lessor an audited and rerN:iad statement of all items of income attributable to Lessee'° vse of the DemibP'i Premises and simultaneously remit its check to Lessor :n an amount equal to the aforesaid percentage multiplied by the audited and certified statement for that one -year period. All such audited and certified statements shall be subject to confirmation by Lessor. Lessee shall furnish all original books 2 and records or certified copies thereof necessary to confirm such statements, upon reasonable demand by Lessor, at no cost to Lessor. B. In addition, the Lessee shall pay all administrative and legal costs incurred by the Lessor in collecting any arrearage in rent including but not limited to payment for legal work for the preparation of lawsuits and for the issuance of notices. ARTICLE THREE GENERAL PROVISIONS 3.01 INTEREST ON RENT NOT PAID WHEN DUE Lessee agrees that any and all installments of rent accruing under the provisions of this Lease, which shall not be paid when due, shall, subject to any applicable limitation imposed by State statute, bear interest at the rate of two percent (2 %) per annum in excess of the prime rate charged by a principal bank in Chicago, Illinois, to its commercial borrowers as determined on the first date of a delinquency from the day when the same is or are payable by the terms of this Lease, until the same shall be paid; provided if any installment or installments of said rent shall become due on' a Sunday or legal holiday the same shall be paid without interest on the next succeeding regular business day. 3.02 RENT RESERVED TO BE LIENS ON ALL BUILDINGS, ETC. ERECTED ON DEMISED PREMISES It is agreed by Lessee that the whole amount of rent reserved and agreed to be paid for the Demised Premises and each and every installment thereof shall be and is hereby declared to be a valid lien upon all buildings and other improvements on the Demised Premises or that may at any time be erected, placed or put on the Demised Premises by the Lessee and upon the interest of said Lessee in this Lease and in the Demised Premises hereby leased. 3.03 FORCIBLE COLLECTION OF RENT BY LESSOR NOT TO AFFECT RELEASE OF OBLIGATIONS It is expressly understood and agreed that the forcible collections of the rent by any legal proceedings or otherwise by the Lessor or any other action taken by Lessor under any of the provisions hereof, except a specific termination or forfeiture of this Lease, shall not be considered as releasing the Lessee from its obligation to pay the rent as herein provided for the entire period of this Lease. 3.04 WAIVER OF RIGHT OF COUNTERCLAIM In the event Lessor commences an i Iaaal proceedings for non - payment of rent, forcible detainer or violation of any of the terms hi teof les$ee will not interpose any set off of any nature or description in any such proceedings. 3.05 RIGHT OF LESSOR TO RE -ENTER DEMISED PREMISES UPON: 2XPIR. \TION OF NOTICE It is understood and agreed by and between the parties hereto that if the Lessee shall default in the payment of any of the rent herein provided for upon the day the same becomes due and payable, and such default shall continue for thirty (30) days after notice thereof in 3 writing given by the Lessor or its agent or attorney to the Lessee in the manner hereinafter provided, or in case the Lessee shall default in or fail to perform and carry out any of the other covenants and conditions herein contained, and such default or failure shall continue for ninety (90) days after notice thereof and provided that Lessee has not initiated corrective action with respect to the default which is the subject of said notice within the initial thirty (30) days of said notice in writing given in like manner, then and in any and either of such events, it shall and may be lawful for the Lessor, at its election, at or after the expiration of said thirty (30) days or said ninety (90) days (as the case may be) after the giving of said notice to declare said term ended, either with or without process of law, to re- enter, to expel, remove, and put out the Lessee or any other person or persons occupying the Demised Premises, using such force as may be necessary in so doing, and repossess and restore Lessor to its first and former estate, and to distrain for any rent that may be due thereon upon any of the property of the Lessee located on the Demised Premises, whether the same shall be exempt from execution and distress by law or not; and the Lessee, for itself and its assigns, in that case, hereby waives all legal right, which it now has or may have, to hold or retain any such property, under any exemption laws now in force in this State, or any such property, under any exemption laws now in force in this State, or in any other way; meaning and intending hereby to give the Lessor, its successors and assigns, a valid lien upon any and all the goods, chattels or other property of the Lessee located on the Demised Premises as security for the payment of said rent in a manner aforesaid. And if at the same time said term shall be ended at such election of the Lessor, its successors or assigns, or in any other way, the Lessee for itself and its successors and assigns, 'hereby covenants and agrees to surrender and deliver up said Premises and property peaceably to the Lessor, its successors or assigns, immediately upon the termination of said term as aforesaid; and if the Lessee or the successors or assigns of the Lessee shall remain in possession of the same on the day after the termination of this Lease, in any of the ways above named, it shall be deemed guilty of a forcible detainer of the Demised Premises under the statutes and shall be subject to all the conditions and provisions above named, and to eviction and removal, forcible or otherwise, with or without process of law, as above stated. 3.06 LESSEE TO PAY TAXES, ASSESSMENTS AND WATER RATES As a further consideration for granting this Lease, the Lessee further covenants, promises and agrees to bear, pay and discharge (in addition to the rent specified) on or before the penalty date, all water rates, taxes, charges for revenue and otherwise, assessments and levies, general and special, ordinary and extraordinary, of any kind whatsoever, which may be taxed charged, assessed, levied or imposed upon the Demised Premises or upon any and all of which may be assessed, levied or imposed upon the Demised Premises estate hereby created and upon the reversionary estate in said Demised Premises during the term of this Lease. Provided, however, that Lessee shall not be responsible for any such charges or amounts taxed, charged, assessed, levied or imposed attributable to the use of the Demised Premises by Lessor, or other permittees or licensees of Lessor. And it is further understood, covenanted and agreed by the parties hereto that all of said water rates, taxes, assessments and otter ;mpositians shall be paid by said Lessee before they shall respectively become delinquent, and in any case within adequate time to prevent any judgment, sale or forfeiture. In the event real estate taxes are levied or extended with respect to the Demised Premises on the bask of improv9c+ rPn' estate, Lessee shall deposit a sum of money equal to one hundred ten percent ;110 %) of each year's taxes with Lessor during the term of this Lease, to be held in reserve to secure .Lymen1 of ;.dssee's real estate taxes. Any sums of monies in excess of the one hundred ten percent (110 %) retainage held by Lessor in the reserve after the payment of the second installment of the current year's real estate taxes for the Demised Premises will be remitted to the Lessee. In the event Lessee fails to submit to the Lessor proof of 4 payment of the real estate tax applicable to the Demised Premises property within sixty (60) days of the date said tax is due then Lessor shall after reasonable written notice apply the escrow funds to pay the unpaid real estate taxes and any penalties and interest due thereon, without questioning or being accountable to Lessee for the correctness or legality of the same. If the amount of funds held by Lessor should not be sufficient to pay said taxes, Lessee shall remit to Lessor that additional amount necessary to pay said deficiency within thirty (30) days from the date written demand of same is made by Lessor to Lessee. Lessee's obligation to fund and maintain a balance on deposit equal to one hundred ten percent (110 %) of the prior year's real estate taxes in the aforesaid reserve is a continuing obligation of Lessee during the term of this Lease. 3.07 USE OF DEMISED PREMISES It is understood that the the Demised Premises are to be used by said Lessee for the sole and exclusive purpose of open -space and passive recreational purposes and for no other purpose whatsoever. 3.08 PROHIBITED USES AND ACTIVITIES Lessee specifically agrees not to use the said Demised Premises or any part thereof, or suffer them to be used for tanneries, slaughter houses, rendering establishments, or for any use of similar character or for gambling in any form, or for the conducting thereon of any business which shall be unlawful. Lessee also specifically agrees that no alcoholic beverages of any kind shall be sold, given away or consumed with the knowledge and consent of Lessee on the Demised Premises unless this Lease is for a term of more than twenty (20) years and then only with the prior written consent of Lessor's Board of Commissioners and the furnishing of dram shop insurance or other applicable insurance protection, with respect to such activities with policy limits, form and carrier approved by Lessor and naming Lessor, its Commissioners, officers, agents and employees as additional insureds, said insurance shall provide that said policy shall not be cancelled without twenty (20) days advance written notice thereof, in addition to any insurance provided pursuant to paragraph 4.03 for which the Lessor is the named insured. Hunting and the manufacture, sale, distribution, discharge and unauthorized use of guns and firearms on the leasehold premises is expressly prohibited. 3.09 LESSEE TO YIELD UP DEMISED PREMISES, ETC., UPON EXPIRATION OF LEASE AND DEMOLISH ANY IMPROVEMENTS IF NOTIFIED BY LESSOR The Lessee agrees at the expiration of the term hereby created or the termination of this Lease under the provisions hereof, to yield up said Demised Premises, together with any buildings or improvements which may be constructed or placed upon the Demised Premises, to the Lessor in as good condition as when said buildings or improvements were constructed or placed thereon, ordinary wear and tear excepted. Lessee agrees to remove any and all storage tanks from the Demised Premises which Lessee placed or. the Demised Premises including above- ground and below - ground storage tacks prior to 1hE expiration of the Lease. Lessee agrees to remove any and all asbestos contained on Demised Premises, and placed on the Demised Premises by Lessee or any third party during the term of this Lease prior to the expiration of the Lease, including but not limited to, rsbestos contrined in any fixture, improvements or buildings located on the Demised Premise:. ^n hundred twenty (120) days prior to the expiration of this Lease, Lessor will determine which, i ony, impro4ament5 constructed by Lessee during the term of this Lease on the Demised Premises shall be demolished. Lessee will, upon receipt of ninety (90) days advance written notice, demolish at Lessee's sole cost and expense, the improvements identified by Lessor. Should Lessee fail to demolish the improvements after notice, Lessor will 5 have these improvements demolished and Lessee will be required to pay all costs therefor. This requirement survives expiration or termination of this Lease Agreement. 3.10 FAILURE OF LESSOR TO INSIST ON PROVISIONS NO WAIVER The Lessee covenants and agrees that if the Lessor shall one or more times waive its right to insist upon prompt and satisfactory performance according to the terms of this Lease of any of the obligations of the Lessee, no such waiver shall release the Lessee from its duty promptly and strictly to satisfy at all times after such waiver each and every obligation arising under the provisions of this Lease, and especially any of such provisions with respect to which such waiver may previously have been made by the Lessor as aforesaid; and the Lessee covenants and agrees that if the Lessor shall for any length of time waive any right or rights accruing to Lessor under the provisions of this Lease, such waiver shall be construed strictly in Lessor's favor and shall not estop Lessor to insist upon any rights, subsequently accruing to it under this Lease not in of the obligations under this Lease, no waiver by the Lessor of its right to take advantage of terms specifically waived; and the Lessee covenants and agrees that if Lessee violates any of the obligations under this Lease, no waiver by the Lessor of its right of take advantage- of such violation shall estop Lessor from insisting upon its strict rights in case of and as to any subsequent . violation by the Lessee of the same or any other obligation; and the Lessee covenants and agrees that this provision of this Lease shall apply especially (but not exclusively) to the right of the Lessor to require prompt payment of the rent in this Lease and that neither acceptance by the Lessor of any payment of any other unpaid installment or installments of rent, nor any endorsement or statement on any check or letter accompanying any check or payment be deemed an accord and satisfaction and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of rent or pursue any other remedy provided in this Lease. 3.11 VARIOUS RIGHTS, CUMULATIVE, ETC. The Lessee agrees that the various rights and remedies of the Lessor contained in this Lease shall be construed as cumulative, and no one of them as exclusive of the other or exclusive of any rights or remedies allowed by law, and that the right given in this Lease to the Lessor to collect any additional rent, monies or payments due under the terms of this Lease by any proceedings under this Lease or the right herein given the Lessor to enforce any of the terms and provisions of this Lease, shall not in any way affect the right of the Lessor to declare this Lease terminated and the term hereby created ended, as herein provided, upon the default of the Lessee, or failure of the Lessee to perform and carry out, all of the provisions in this Lease provided to be performed and carried out by the Lessee. 3.12 RIGHT TO MORTGAGE DEMISED PREMISES A. The Lessee is hereby expressly given the right at any time and from time to time, to mortgage its interes'< in the aernised Premises by mortgage or trust deed, but any such mortgage or trust deed shall in no way create any lien or encumbrance on the fee of the Demised Premises and the interest of the Lessor therein and the in'erest'f the) lessor in any improvements which may be placed on the De;n:sed Premises by the Lessee; and it is further mutually covenanted of tI agreed teat the rnortgagee or trustee in any such mortgage or trust deed and the holder or owner of the indebtedness secured by said mortgage or trust deed shall not become personally liable upon the covenants in the Lease unless and until it or its assignee(s) 6 shall acquire the Demised Premises estate created by this Lease. It is further covenanted and agreed that any mortgage or trust deed must be paid in full and a duly executed and recordable release thereof issued therefor prior to the expiration of the term of said Demised Premises. B. DEMISED PREMISES MORTGAGEE - TAX ESCROW: If any Demised Premises Mortgagee while the holder of any Leasehold Mortgage with respect to the Demised Premises shall require Lessee to deposit with such Demised Premises Mortgagee the amounts necessary to pay the general real estate taxes and /or special assessments against the Demised Premises pursuant to paragraph 3.06 hereof, Lessee may make such deposits directly with said Mortgagee, provided, however, that such Demised Premises Mortgagee or Lessee shall notify Lessor of said requirement in advance of Lessee's making the first such deposit and Lessee or Lessee's Mortgagee documents to Lessor's satisfaction the fact of the establishment and annual maintenance of the required escrow deposits hereunder. In any event, where Lessee is required to deposit with the Demised Premises Mortgagee the amounts necessary to pay the general real estate taxes and /or special assessments, the same to be paid as and when the same become due and payable, and the Lessee shall cause to be delivered to Lessor the - receipted bills or photostatic copies thereof showing such payment within thirty (30) days after such receipted bills shall have been received by Lessee. 3.13 DISCLOSURE OF LEASE TO COUNTY TAX ASSESSOR Within thirty (30) days from the effective date of this Lease, Lessee shall deliver to the Assessor of the County in which the Demised Premises is situated a copy of this Lease so that said Assessor can take such steps as he determines necessary to subject the interest of the Lessee to general real estate taxation. 3.14 NO NUISANCE PERMITTED The Lessee covenants and agrees not to maintain any nuisance on the Demised Premises or permit any noxious odors to emanate from the Demised Premises which shall be in any manner injurious to or endanger the health, safety and comfort of the persons residing or being in the vicinity of the Demised Premises. 3.15 DEMISED PREMISES TO REMAIN CLEAN AND SANITARY The Lessee covenants and agrees to keep the Demised Premises in a clean and sanitary condition in accordance with all applicable laws, ordinances, statutes and regulations of the county, city, village, town or municipal ay (whereir. the Demised Premises are located), the State of Illinois, the United States of America_ and ih.) fv1.4tropolitan Water Reclamation District of Greater Chicago. :1.15 ! SSEE S!'A!.l ABIDE BY LAW The Lessee covenants and a jrl-ies ihcat ii shall abide by any and all applicable laws, ordinances, statutes and regulations of the county, city, village, town or municipality (wherein the Demised Premises are located), the State of Illinois, the United States of America, and enforcement and regulatory agencies thereof and the Metropolitan Water Reclamation District of 7 Greater Chicago which regulate or control the Demised Premises, the lessee and /or Lessee's use of the Demised Premises. It shall be the sole responsibility of the Lessee to comply with all reporting and consultation requirements of the Illinois Department of Natural Resources (IDNR) including but not limited to Title 17 Section 1075 of the Illinois Administrative Code, and Lessee shall submit evidence of compliance with IDNR requirements to the Lessor. ARTICLE FOUR 4.01 INDEMNIFICATION The Lessee for itself, its executors, administrators, successors and assigns agrees to and does hereby expressly assume all responsibility for and agrees to defend, indemnify, save and keep harmless the Lessor, its Commissioners, officers, agents, servants, and employees against any claim (whether or not meritorious), Toss, damage, cost or expense which the Lessor, its Commissioners, officers, agents, servants and employees may suffer, incur or sustain or for which it may become liable, growing out of any injury to or death of persons or loss or damage to property which shall at any time during the term of this Lease be caused by or in connection with the use, occupancy or possession of the Demised Premises, and for any such loss, damage, cost or expense which shall at any time during the term of this Lease be caused by or in the performance of any work or construction, installation, maintenance, removal or repair of any buildings or structures placed upon the Demised Premises, whether the same be caused by the negligence of Lessee, any contractor employed by Lessee, or by the negligence of Lessor, its Commissioners, officers, agents, employees or contractors or as a penalty or claim for the sale or giving away of any intoxicating liquors on or about the Demised Premises, or the use of the Demised Premises for illegal or immoral purposes. In case any action, suit or suits shall be commenced against the Lessor growing out of any such claim, loss, damage, cost or expense, the Lessor may give written notice of the same to the Lessee, and thereafter the Lessee shall attend to the defense of the same and save and keep harmless the Lessor from all expense, counsel fees, costs, liabilities, disbursements, and executions in any manner growing out of, pertaining to or connected therewith. Lessee shall not be responsible for actions that result from the sole negligence of Lessor. 4.02 BOND The Lessee, prior to entering into possession, shall execute and lodge with the Lessor, its indemnity bond in the sum of Five Thousand and no /100 Dollars ($5,000.00), conditioned upon the performance of each and every condition of this Lease; such bond shall be in a form satisfactory to the Attorney for the Lessor. The furnishing of the bond required in this Article shall in no wise limit or affect the liability of the Lessee or its insurance carrier under any other provision of this Lease. 4.03 INDEMNIFICATION AGAINST MECHANICS LIEN The Lessee agrees to indemnif;', save and k'ep harmless the Lessor of and from any claims for mechanics' liens by reasor, of any construction work, repairs, replacements or other work or for any improvements made to or place(] upon the Demised Premises by or in behalf of Lessee or at Lessee's instance. 4.04 .NSOrtANcE The Lessee, prior to entering upon •he Demised Premises and using the same for the purpose for which this Lease is granted, shall procure, maintain and keep in force at Lessee's expense, public liability property damage insurance in which the Lessor, its Commissioners, 8 officers, agents, and employees are a named insured and fire and extended coverage and all risk property insurance in which the Lessor is named as the Loss Payee. ( "CLAIMS MADE" policies are unacceptable.) Said insurance shall be from a company to be approved by the Lessor, having policies with limits of not less than: COMPREHENSIVE GENERAL LIABILITY Combined Single Limit Bodily Injury Liability Property Damage Liability (Including Liability for Environmental Contamination of Adjacent Properties) in the amount of not less than $4,000,000.00 per occurrence and ALL RISK PROPERTY INSURANCE (Including Coverage for Environmental Contamination of Demised Premises) in the amount of not less than $4,000,000.00 per occurrence INCLUDING FIRE AND EXTENDED COVERAGE in an amount not less than the replacement cost of improvements located on the premises' 'Strike where applicable. Prior to entering upon said Demised Premises, the Lessee shall furnish to the Lessor certificates of such insurance or other suitable evidence that such insurance coverage has been procured and is maintained in full force and effect. Upon Lessor's written request, Lessee shall provide Lessor with copies of the actual insurance policies within ten (10) days of Lessor's request for same. Such certificates and insurance policies shall clearly identify the Demised Premises and shall provide that no change, modification in or cancellation of any insurance shall become effective until the expiration of thirty (30) days after written notice thereof shall have been given by the insurance company to the Lessor. The provisions of this paragraph shall in no wise limit the liability of the Lessee as set forth in the provisions of 4.01 above. 4.05 SELF - INSURER If Lessee is a self- insurer, Lessee, prior to entering upon said premises and using the same for the purposes for which this Lease is granted, shall prepare and transmit to the Lessor an acknowledged statement that the Lessee is a self- insurer, and that it undertakes and promises to insure the Lessor, its Commissioners, officers, agents, servants and employees on account of risks and liabilities contemplated by the indemnity provisions of paragraph 4.03 above; and that such statement is issued in lieu of policies of insurance or certificates of insurance in which the Lessor, its Commissioners, officers, agents, servants and employees would be a named or additional insured, and that it has funds available to cover those liabilities in the respective amounts therefor, as set forth as follows: 9 COMPREHENSIVE GENERAL LIABILITY Combined Single Limit Bodily Injury Liability Property Damage Liability (Including Liability for Environmental Contamination of Adjacent Properties) in the amount of not less than $4,000,000.00 per occurrence and ALL RISK PROPERTY INSURANCE (Including Coverage for Environmental Contamination of Demised Premises) in the amount of not less than $4,000,000.00 per occurrence INCLUDING FIRE AND EXTENDED COVERAGE in an amount not less than the replacement cost of improvements located on the premises' *Strike where applicable. This statement shall be signed by such officer or agent of the Lessee having sufficient knowledge of the fiscal structure and financial status of the Lessee to make such a statement on behalf of the Lessee and undertake to assume the financial risk on behalf of the Lessee and will be subject to the approval of the Lessor. The provisions of this Section shall in nowise limit the liability of the Lessee as set forth • under the provisions of Section 4.01. 4.06 INSURANCE ON IMPROVEMENTS The Lessee shall keep any buildings and improvements erected, constructed or placed on the Demised Premises fully insured to the replacement cost thereof against loss by explosion, fire and /or windstorm or other casualty loss for their full replacement cost at Lessee's own expense at all times during the term of this Lease by an insurance company or companies approved by the Lessor. Lessor shall be a named insured on all of said insurance policies. and a certificate of insurance evidencing same shall be provided to Lessor and kept current at all times throughout the term of this Lease. All policies of insurance indemnifying against such loss by explosion, fire and /or windstorm so insured shall be payable to the Lessor, as additional security for the payment of rent and the performance by the Lessee of the covenants herein; said policy or policies to be delivered to the Lessor as soon as issued, provided, however, that in the event of Toss to or destruction of said buildings and other improvements, the insurance proceeds received by the Lessor in excess of the amounts then due for rent and charges under the provisions of this Lease shall be held in trust by the Lessor for the repair, restoration or rebuilding of such damaged or destroyed buildings and other improvements, and shall be disbursed therefor by said Lessor only on architect's certificates after the Lessee has, at its own expense, without charge or lien upon said buildings or other improvements, restored, rebuilt or repaired the same to an extent that will enable the Lessor, with the insurar ice rnor,ey remaining in its hands after the payment of the rent and charges due it, to complete said buildings or other improvements in as good condition as they were in before the said loss or damage by explosion, fire and /or windstorm. Nothing herein contained in this paragraph shall be construed as a prohibition against the Lessee making further provision far insarunca for the purpose of protecting the interest or interests of any money lending institution covering such interest or interests that said institution might have in the improvements placed upon the land covered by this Lease, providing that the Lessee shall pay the additional premiums therefor. 10 4.07 FAILURE OF LESSEE TO INSURE IMPROVEMENTS In the event the Lessee should at any time neglect, fail or refuse to insure or to keep insured the buildings and other improvements on said Demised Premises as above provided, then the Lessor at its election may procure or renew such insurance and the amount paid therefor shall be repaid by the Lessee to the Lessor with the rents next thereafter falling due under this Lease, together with interest thereon, subject to any applicable limitation imposed by State statute at the rate of two percent (2 %) in excess of the prime rate charged by the principal bank in Chicago, Illinois, to its commercial borrowers as determined on the first date of a delinquency from the respective dates of any such payments. 4.08 RIGHT OF LESSEE TO RECOVER PROCEEDS It is covenanted and agreed by and between the parties hereto that the Lessor shall not be held responsible for the collection or non - collection of any of said insurance money in any event but only for such insurance money as shall come into its hands. The Lessee, however, shall have the right in the name of the Lessor to sue for and recover any and all sums payable under any of said policies for losses arising thereunder provided it shall indemnify and save harmless the Lessor from any costs or attorney's fees in connection with any such proceeding to recover such insurance money. However, all sums'so recovered shall be paid to the Lessor to be applied as herein provided. 4.09 APPLICATION OF INSURANCE PROCEEDS It is covenanted and agreed by and between the parties hereto that in case of damage to the buildings and improvements to be erected, constructed or placed on the Demised Premises, as aforesaid, or the destruction thereof (or loss or damage to any buildings or other improvements thereafter standing upon the Demised Premises) the Lessee shall repair, restore or rebuild the same within one year from such destruction or damage, and in such case the insurance money received by the Lessor pursuant to the terms of this Lease under said policies, after deducting therefrom the reasonable charges of the Lessor for handling such insurance and all costs and expenses of collecting the same, including attorney's fees, and all unpaid and overdue rental payments shall be paid in whole or in part by the Lessor to the contractor or contractors (employed by the Lessee) upon the delivery to the Chief Engineer of the Lessor of certificates of the architects of the Lessee properly endorsed by the Lessee and accompanied by waivers of lien and release for the cost and expense of repairing, restoring or rebuilding said buildings or other improvements as the work of repairing, restoring, or rebuilding progresses. 4.10 INSURANCE PROCEEDS DEFICIENCY It is understood and agreed between the parties hereto that in case the insurance money collected by the Lessor shall not be sufficient to TuI•y Icy for the repair, restoration or rebuilding of said buildings and other improvements as aforesaid, then the Lessee shall be required to pay such sums of money, in addition to said insurance money so collected by the Lessor as aforesaid as may be necessary to pay for the complete repair, restoration or rebuilding of said buildings and other improvements; it being understood, however, that the Lessor shall not be required to pay such insurance money so collected until the Chief Engineer of the Lessor is satisfied that such sum will complete the repair, restoration and rebuilding of said buildings and other improvements, free of mechanics' liens for labor or material, in which event such monies shall be paid by the Lessor to the contractor or contractors employed by the Lessee to complete the repair, restoration or rebuilding of said buildings and other improvements, upon 11 delivery to the Chief Engineer of the Lessor of certificates of the architects of the Lessee properly endorsed by the Lessee accompanied by waiver of lien and release as the work of repairing, restoring or rebuilding of said buildings and other improvements shall progress. It is expressly understood that nothing herein shall prevent the Lessee from replacing any building or structure destroyed or damaged with other buildings or structures of different design and construction of at least equal value on any part of the Demised Premises. 4.11 LESSOR NOT RESPONSIBLE FOR RESTORATION OF IMPROVEMENTS It is covenanted and agreed that the Lessor shall not be liable to contribute or pay any sum of money toward the restoration, repair or rebuilding of said buildings or other improvements. In the event of the termination of this Lease by lapse of time, or by reason of any default by the Lessee in any of its payments, or a breach by the Lessee of any of the covenants and agreements of this Lease before the repair, restoration, replacement or rebuilding of said buildings or other improvements shall be completed, as aforesaid, then in any of said cases the insurance money collected by the Lessor shall belong absolutely to the Lessor. 4.12 EXCESS INSURANCE PROCEEDS It is understood and agreed that after the work of any such repairs, restoration, or rebuilding by the Lessee shall have been completed and paid for, any excess of insurance money then remaining on deposit with the Lessor shall belong to the Lessee and in that event, the Lessor shall pay to the Lessee the balance of said insurance money upon its written request. The provisions of this paragraph as well as those of paragraphs numbered 4.04 to 4.09, inclusive, shall apply whenever and so often as any buildings or other improvements erected and completed on the Demised Premises, under any of the provisions of this Lease, shall have been damaged or destroyed by fire or windstorm. ARTICLE FIVE 5.01 GENERAL ENGINEERING RESERVATIONS AND REQUIREMENTS A. The Lessor has heretofore executed various agreements with governmental agencies, public utility companies, private corporations and individuals for the installation of pipelines, duct lines, sewers, cables,electric transmission lines and other surface and subsurface structures, constructions and improvements. Pursuant to those agreements, the various grantees have installed and are operating their respective surface and underground plant facilities which may lie within or otherwise affect the Demised Premises. Lessee shall, at its own initiative, inquire and satisfy itself as to the presence or absence of all such facilities on the Demised Premises, and waives all claims which it might othErwiho have against Lessor on account of the presence of such facilities on tiie Demised Premises as same may affect Lessee's use and enjoyment or the Demised Premises. B. The Lessee expressly agrees that within an area delineated by a line parallel with and 250 feet distant from try) top of the edge of the water of any waterway which travFises or is adjacent to the Demised Premises (Corporate Use Reserve Area and all u,eas within the Demised Premises below the lowest elevation of development thereon as reflected in the Lessee's approved development plans for the Demised Premises, the Lessor and anyone acting under its authority shall have the right, without payment 12 therefor, to construct, operate, maintain, repair, renew and relocate any and all pipe, sewer, structure, facility power, and communications lines and appurtenances upon, under and across the Demised Premises. All such work shall be performed in such a manner so as to cause the least amount of interference with Lessee's use of the Demised Premises. C. Lessee expressly understands and agrees that the Lessor may have installed various sewers, shafts, ducts, pipes, and other facilities upon, over or beneath the Demised Premises. Lessor shall cooperate with Lessee to ascertain, identify and locate all of Lessor's improvements, structures and constructions on the Demised Premises. Lessee covenants and agrees that at no time shall its use and occupancy of the Demised Premises damage or interfere with said facilities. D. The Lessor reserves unto itself a perpetual right, privilege, and authority to construct, maintain, operate, repair and reconstruct intercepting sewers (with its connecting sewers and appurtenances), and any other drains or structures constructed or operated in the furtherance of Lessor's corporate purpose upon, under and through Corporate Use Reserve Area and below the lowest . elevation of Lessee's approved development plan for the Demised Premises. The Lessor shall also have the right, privilege and authority to enter upon and use such portions of said Demised Premises as may be necessary in the opinion of the Chief Engineer of the Lessor, for the purpose of constructing, maintaining, operating, repairing and reconstructing intercepting sewers, connecting sewers, drains or other structures, appurtenances, parking areas and access drive which do not unreasonably interfere with Lessee's use of the Demised Premises. It is further expressly understood and agreed by the Lessee that no buildings, materials, or structures shall be placed or erected and no work of any character done on said Demised Premises so as to injure or damage in any way said intercepting sewer, connecting sewers, drains or other structures and appurtenances located at any time on the Demised Premises, or so as to interfere with the maintenance, operation or reasonable access thereto. E. It is expressly understood and agreed that the Lessor shall not be liable to the Lessee for any Toss, cost or expense which the Lessee shall sustain by reason of any damage at any time to its property caused by or growing out of the failure of the sewers, structures, or other equipment of the Lessor located on the Demised Premises, or by any other work which the Lessor may perform on the Demised Premises under the terms hereof, or adjacent to the Demised Premises. F. The Lessee shall relocate or remove the improvements existing or constructed upon the Demised Premises, at no cost to the District in the following instances: (1) In the evE-nt thc,i ■h€; Derr.ised Premises are adjacent to any channel or waterway, and said channel or waterway is to be widened by the District or any other governmental agency; or 13 (2) In the event that any agency of government, having jurisdiction over said channel or waterway, requires the relocation or removal of said improvements; or (3) In the event that said relocation or removal is required for the corporate purposes of the District. Such relocation or removal shall be commenced within ninety (90) days after notice thereof in writing is served upon the Lessee and diligently prosecuted to the conclusion. G. If any any time in the future, any portions of the Demised Premises are required for the construction of highways and roadways, or adjuncts thereto, • such as interchanges, ramps and access roads, as determined by the Chief Engineer of the Lessor, for the use of any other governmental agency engaged in the construction of highways and roadways, or adjuncts thereto, then in such event, it is understood and agreed by the parties hereto, that the Lessee shall surrender possession of such part of the Demised - Premises • that may be so required. Lessee also agrees, at its own cost and expense, to remove all of its equipment, structures or other works from those portions of the Demised Premises so required, or reconstruct or relocate such of its installations so as to permit the use of the Demised Premises for the construction of highways and roadways or adjuncts thereto within sixty (60) days after notice shall have been given to the Lessee by said Chief Engineer. H. The Lessor reserves to itself or to its assignees or permittees at any time during the term of this Lease, upon thirty (30) days written notice given by the Lessor to the Lessee, the right to construct, reconstruct, maintain, and operate additional force mains, intercepting sewers, drains, outlets, pipe lines, pole lines, and appurtenances thereto; and such other structures, buildings, apparatus, and water control equipment as may be needed for the corporate purposes of the Lessor upon, under, and across the Demised Premises. Any such construction shall be located as determined by the Chief Engineer of the Lessor so as to cause, in his opinion, the least interference with any equipment, or improvements, that the Lessee may then have on the the Demised Premises. I. The Lessee agrees that if at any future date it desires to dispose of sewage, industrial wastes or other water - carried wastes from the Demised Premises, it will discharge the said sewage, industrial wastes or other water - carried wastes into an intercepting sewer owned by or tributary to the sewerage system of the Lessor. Lsssge will make application and secure the necessary permit from tho Mo!ropclitar. Water Reclamation District of Greater Chicago and all governmental and regulatory agencies having jurisdiction thereof before discharging any of the aforesaid sewage, industrial waste or otlie, vtiuter- c.z;11e.i waste.; into any intercepting sewers. J. The Lessee also agreas t: collect separat2Iy all roof water, surface runoff from grounds and roadways, and drainage water and to discharge the same directly into the Main Channel all to be done in a manner acceptable to said Chief Engineer of the Lessor. 14 K. It is agreed by and between the parties hereto that the Lessee shall submit to the Chief Engineer of the Lessor for his approval, the general plans for handling the sewerage, grading, and drainage of the the Demised Premises; and for any roadways, water supply, telephone and electric service, if any, and of all improvements or any other construction to be erected thereon, before the commencement of any work thereon. L.. The Lessor reserves to itself the right of access to the Main Channel as well as right of access to the Demised Premises for inspection by the Lessor and its duly accredited agents at all times, and for such surveys or any other purposes as the Chief Engineer of the Lessor may deem necessary. 5.02 SPECIFIC ENGINEERING, DESIGN AND OPERATING RESERVATIONS AND RESTRICTIONS. (CLARIFICATION -- NOT LIMITATION) ARTICLE SIX PROVISIONS FOR BUILDING AND IMPROVEMENTS 6.01 CONSTRUCTION REQUIREMENT The Lessee agrees within ( ) years(s) from the date hereof to improve the Demised Premises by the construction thereon of the hereinafter called "improvements ", free and clear of all mechanics' and materialman's liens, claims, charges or unpaid bills capable of being made liens and to design, construct, operate and maintain in full compliance with all applicable building and zoning laws of any agency having jurisdiction thereof. All plans must be approved in writing by the Chief Engineer of the Lessor prior to commencement of construction. 6.02 TIME OF CONSTRUCTION Construction of the improvements shall commence within ( ) year(s) of the effective date of this Lease. All of said 1-;uildings and improvements shall be completed within ( ) year(s) of the effective dale of the Lease. In the event said improvements are not completed or construction is not commenced as provided above, then the Lessor may at its option terminate this Lease upon giving ninety (90) days notice, in writing, to the Lessee. 6.03 IMP,^,CVEMENTS t'.EVERT 1'0 LESSOR AT LP.ASE TERMINATION OR E ;;PIRATION It is expressly understood and agreed by and between the parties hereto that upon the termination of this Lease by forfeiture, lapse of time or by reason of the failure by the Lessee to 15 keep and perform the covenants, agreements or conditions herein contained, any buildings or other improvements erected, constructed or placed upon the Demised Premises during the term hereof shall become and be the absolute property of the Lessor and no compensation therefor shall be allowed or paid to the Lessee except as stated in Article 3.09. Lessee shall surrender same in good and proper condition, with all fixtures and appurtenances in place and in good working order, ordinary wear and tear excepted. Lessee shall not commit waste during the term hereof or in the course of vacating same. ARTICLE SEVEN 7.01 NOTICES All notices herein provided for from the Lessor to the Lessee or Lessee to Lessor shall be personally served or mailed by U. S. Registered or Certified Mail, Return Receipt Requested, First Class Postage Prepaid addressed to the Lessee at: or to Lessor at: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attn: Mayor Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Attn: General Superintendent or any other address either party may designate in writing. Any notice so mailed by one party hereto to the other shall be and is hereby declared to be sufficient notice for all the purposes of this Lease and that a post office registry receipt showing the mailing of such notice and the date of such mailing shall be accepted in any court of record as competent prima facie evidence of those facts. 7.02 RIGHT TO DECLARE LEASE TERMINATED It is understood and agreed by the Lessee that neither the right given in this Lease to the Lessor to collect rent or such other compensation as may be due under the terms of this Lease by sale nor any proceedings under this Lease shall in any way affect the right of the Lessor to declare this Lease terminated and the trm hereby created ended as above provided, upon default of or failure by the Lessee to p&rfoim (Aid carry out any of the provisions of this Lease, as herein provided, after notices as aforesaid. Ano the Lessee, for itself and its assigns, hereby waives its right to any notice from the Lessor of its election to declare this Lease at an end under any of the provisions hereof or to any demand for the payment of rent or the possession of the Demised Premises, except as aforesaid. 7.03 RIGHTS OF LESSOR IN EVENT OF FORFEITURE OR TERMINATION In the event of the termination of this Lease by reason of forfeiture by the Lessee arising from a default by or failure of it to carry out and perform any of the covenants herein contained, 16 the Lessor shall not be obligated to refund to the Lessee any sums of money paid by the Lessee to the Lessor as rentals under the terms of this Lease, and such sums of money shall be retained by the Lessor as liquidated damages, but this provision shall not operate to relieve the Lessee of its obligation to pay to the Lessor the balance of the rental then due the Lessor for the entire term of this Lease. 7.04 ABANDONMENT Lessee shall not without the prior written approval of Lessor abandon or vacate the Demised Premises or cease to operate its business thereon. Re -entry and repossession by Lessor following abandonment by Lessee shall not constitute a waiver of any rights of the Lessor and shall not be construed as a termination of theLease. Lessee shall remain liable for all its obligations under the Lease. For purposes of this section, leasehold shall be deemed abandoned if Lessee ceases business on the Demised Premises for a period of twenty eight (28) consecutive days or fails to secure the Demised Premises from unauthorized use or entry within sixty (60) days of its execution and delivery of this Lease. 7.05 TERMS OF LEASE BINDING ON SUCCESSOR AND ASSIGNS The parties hereto agree that all of the terms and conditions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors, lessees, sub- lessees and assigns; and whenever in this Lease reference to either of the parties hereto is made, such reference shall be deemed to include, where applicable, also a reference to the successors, lessees, sub - lessees and assigns of such party; and all the conditions and covenants of this Lease shall be construed as covenants running with the land during the term of this Lease. 7.06 NO ASSIGNMENT OR SUBLEASE It is agreed by and between the parties that the Lessee shall not sublet or assign any part of this Lease to any other governmental agency, individual, partnership, joint venture, corporation, land trust or other entity without prior written consent of the Lessor. Lessee shall notify Lessor in writing not less than sixty (60) days prior to any proposed sublease or assignment. Lessee shall identify the name and address of the proposed assignee /sublessee and deliver to Lessor original or certified copies of the proposed assignment, a recital of assignee's personal and financial ability to comply with all the terms and conditions of the Lease and any other information or documentation requested by Lessor. Lessor shall not unreasonably withhold the consent to assignment or sublease. It is agreed that reasonable grounds for withholding consent shall include but not be limited to the following: A. The proposed activity of the assigne /sublessee does not conform with the terms of this Lease or policies established by the Lessor. B. The proposed assignee /sublessee does not have either substantial experience in the businas3 provided for in the Lease or the financial resources to comply with the requirernehts of the Lease. C. There is an existing violation of or uncured default by Lessee with respect to the Lease. 17 D. The activity of the proposed assignee /sublessee would interfere with or disturb neighboring tenants or owners. In addition to the payment of all cash rent or additional compensation otherwise herein required to be paid by or performed by the Lessee, Lessee will pay to the Lessor, as additional compensation hereunder in the event Lessee assigns this Lease or sublets all or part of the Demised Premises, fifty percent (50 %) of all value it receives from its assignee /sublessee for the use and occupancy of the Demised Premises as a result of the sublease or assignment in excess of the cash rent which Lessee is currently paying with respect to the subleased portion of the leasehold or the leasehold as a tract, if assigned. In the event any portion of the Demised Premises is sublet prior to obtaining the Lessor's written consent, the Lessor shall be entitled to recover from the Lessee one hundred percent (100 %) of any sublease fees or rental collected by or on account of the Lessee for said sublease. The value of additional services to be performed by the Lessee, sublessee or assignee shall not in any way be included in determining the foregoing fifty percent (50 %) sum. It is agreed that this Lease shall not pass by operation of law to any trustee or receiver in bankruptcy or for the assignment for the benefit of creditors of the Lessee. Any attempted sublease or assignment not in compliance with this section shall be void and without force and effect. 7.07 NON - GOVERNMENTAL COMMERCIAL DEVELOPMENT OF ALL OR PART OF THE DEMISED PREMISES In the event Lessee shall determine that there exists a nongovernmental person, firm, partnership, corporation or other entity which desires to develop all or a portion of the demised premises for a commercial, non - permitted and non - governmental purpose of Lessee hereunder, Lessee shall not assign or sublet the Lease, but shall develop a good and sufficient legal description and plat of the proposed commercial development area within the leasehold premises, and upon written notice thereof to the Lessor, offer to surrender such segment of the demised premises to the Lessor. Upon acceptance of surrender of that segment of the demised premises, the Lessee's rent hereunder shall be abated proportionately and Lessor may thereafter offer such segment as available for commercial leasing in accordance with the commercial leasing provisions of the Lessor's Leasing Statute and all applicable enactments, practices and policies of Lessor's Board of Commissioners relative thereto. ARTICLE EIGHT MISCELLANEOUS PROVISIONS 8.01 LESSEE MAY IMPLEAD LESSOR ;N REAL ESTATE LITIGATION The Lessee may, after notice in writing to the Lessor, implead the Lessor as a party at any time during the term of this Lease, in any litigation concerning the Demised Premises in which Lessor is a necessary party. 8.02 LESSEE TO FAY ALL COSTS Or ENFORCEMENT The Lessee agrees to pay and discharge all costs and reasonable attorney's fees and expenses which the Lessor shall incur in enforcing the covenants of this Lease. 18 8.03 HEADINGS ARE FOR CONVENIENCE OF PARTIES All paragraph headings of this Lease are inserted for purposes of reference and convenience of the parties only, and do not constitute operative provisions of the Lease. 8.04 COMPLIANCE WITH WATERWAY STRATEGY RESOLUTION To the extent that the Demised Premises embrace or abut a waterway regulated by Lessor or in which Lessor asserts property rights, Lessee shall to the extent applicable, comply with the Waterway Strategy Resolution and Implementation Criteria therefor,the River Edge Renaissance Program and the Revised Leasing Criteria for the North Shore Channel Right -of -Way lands of the Lessor's Board of Commissioners in the execution of its development plan for the Demised Premises which abut any such waterway and Demised Premises which afford Lessee direct access thereto may be utilized by the Lessee for the purpose of waterborne commerce. However, the Lessee will be responsible for the construction and maintenance of any docking facility at its own cost and expense which is compatible with the Waterway Strategy Resolution to maintain the bank in- an aesthetically pleasing condition. Permanent storage of bulk commodities, unsightly materials and /or debris on waterway side of the scenic berm or the docking area is prohibited. It is the intent of the Lessor to maintain, where possible, a "natural" appearance to its properties by retaining existing vegetative cover. However, the Lessor recognizes that site development will sometimes necessitate the removal of existing vegetative cover. In those cases the Lessor will require the Lessee to re- establish vegetative cover in the same quantities and qualities as those removed. The re- established plant materials are to be considered as an addition to the landscaping required within the scenic easement. Lessee will comply with all applicable local zoning and setback requirements. The Lessor reserves the right to traverse the Demised Premises to access the waterway which abuts the Demised Premises. The Lessor's Board of Commissioners has heretofore adopted its Waterway Strategy Resolution relating to the development of leased waterways property. The Lessee shall implement the beautification plan described in the attached Exhibit C. Lessee shall comply with all applications of said Resolution in its use and development of the Demised Premises. Lessee's method of compliance therewith shall be approved by Lessor's Chief Engineer in writing. 8.05 PUBLIC SERVICE PROMOTIONAL SIGNAGE Lessee shall, during the term of this Lease, at its sole cost and expense, construct, erect and maintain, at one or more prominent locations nn th' leasehold premises, tastefully designed and constructed permanent signs which acknowledg. the cooperation and support of the Lessor in connection with Lessee's use of the Ieosehck1 premises. The style, text and size of the sign(s) shall be approved in advance of erection thereof by the Chief of Maintenance and Operations of Lessor, and shall, at a minimum, state that: 'THIS FACILITY IS PROVIDED IN PART AS P. COMMUNITY SERVICE WITH THE COOPERATION AND SUPPORT OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO." 19 ARTICLE NINE DEMISED PREMISES WITH EXISTING IMPROVEMENTS 9.01 LESSEE WILL NOT ALLOW WASTE TO.IMPROVEMENTS The Lessee will keep the leasehold improvements safe, clean and in good order, repair and condition which shall include all necessary replacement, repair and decorating. Lessee will not allow the improvements to become damaged or diminished in value, ordinary wear and tear excepted, by anyone or by any cause. 9.02 CONDITION OF DEMISED PREMISES AND IMPROVEMENTS NOT WARRANTED Lessee expressly acknowledges that the Lessor has made no representations, warranties express or implied, as to the adequacy, fitness or condition of Demised Premises or the improvements upon the Demised Premises for the purpose set forth in Article Three, Paragraph 3.07 hereof or for any other purpose or use express or implied by the Lessee. Lessee accepts the Demised Premises and the improvements thereon, if any, "AS -IS" and "WITH ALL FAULTS ". Lessee acknowledges that it has inspected the Demised Premises and has satisfied itself as to the adequacy,-fitness and condition thereof. 9.03 MODIFICATION OF IMPROVEMENTS No modification of the leasehold improvements shall be made by Lessee without the prior written approval of the Lessor and compliance by Lessee with all other terms of this Agreement. 9.04 NOTICE It is further agreed that the notice cis provided in Article One, Paragraph 1.02 hereof shall not be given by the Lessor except pursuant to an order of the Board of Commissioners of said Lessor. 9.05 PLAT OF SURVEY AND LEGAL DESCRIPTION Lessee understands and agrees that in the event the legal description and plat attached hereto are not legally sufficient for acceptance for recordation of this Lease by the Recorder of Deeds of the county in which the Demised Premises are located, Lessee shall procure, at its own expense, a plat of survey and legal description of the Demised Premises prepared and certified in writing by a Registered Illinois Land Surveyor, within twenty- one (21) days of the execution date hereof. Said plat of survey and legal description shall be reasonably satisfactory to and approved by the Lessor's Chief Engineer in writing. Failure to timely procure and receive approval of said plat of survey and legal description shall be grounds for immediate termination of this Lease. The Lessor reserves the right and !,esFee concurs that Lessor shall insert said legal description and plat of survey into this Lema Ayree:nent as Exhibits A and B, respectively, upon the approval thereof by District's Chief Engineer, without further affirmative act by either party hereto. 20 ARTICLE TEN GENERAL ENVIRONMENTAL PROVISIONS 10.01 DEFINITIONS A. "Environmental Laws" shall mean all present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations and similar items, of all government agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, state and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, orders, notices or demands relating to industrial hygiene, and the protection of human health or safety from exposure to Hazardous Materials, or the protection of the environment in any respect, including without limitation: (1) all requirements, including, without limitation, those pertaining to - notifica -. tion, warning, reporting, licensing, . permitting, investigation, and remediation of the presence, creation, manufacture, processing, use, management, distribution, transportation, treatment, storage, disposal, handling, or release of Hazardous Materials; (2) all requirements pertaining to the protection of employees or the public from exposure to Hazardous Materials or injuries or harm associated therewith; and (3) the Comprehensive Environmental Response, Compensation and Liability Act (Superfund or CERCLA) (42 U.S.C. Sec. 9601 et seq.), the Resource Conservation and Recovery Act (Solid Waste Disposal Act or RCRA)(42 U.S.C. Sec. 6901 et seq.), Clean Air Act (42 U.S.C. Sec 7401 et seq.), the Federal Water Pollution Control Act (Clean Water Act) 33 U.S.C. Sec, 1251 et sea.), the Emergency Planning and Community Right -to- Know Act (42 U.S.C. Sec. 11001 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec, 2601 et seq.), the National Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.), the Rivers and Harbors Act of 1988 (33 U.S.C. Sec. 401 et seq.), the Endangered Species Act of 1973 (16 U.S.C.Sec. 1531 et seq.), the Safe Drinking Water Act (42 U.S.C.Sec. 300(f) et seq., the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.) and all rules- regulations and guidance documents promulgated or pu•lisied there- under, Occupational Safety and Health Act (29 U.S.C. Soc. 651 et seq.) and all similar state, local and municipal laws relating to public health, safety or the environment. B. "Hazardous Materials'` shal mean: (1) any and all asbestos, natural gas, synthetic gas, liquefied natural gas, gasoline, diesel fuel, petroleum, petroleum products, petroleum hydrocarbons, petroleum by- products, 21 petroleum derivatives, crude oil and any fraction of it, poly- chlorinated biphenyls (PCBs), trichloroethylene, ureaformald- ehyde and radon gas; (2) any substance (whether solid, liquid or gaseous in nature), the presence of which (without regard to action level, concentration or quantity threshold) requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; (3) any substance (whether solid, liquid or gaseous in nature) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazard- ous or dangerous; (4) any substance (whether solid, liquid or gaseous in nature) the presence of which could cause or threaten to cause a nuisance upon the Demised Premises or to adjacent . properties or pose or threaten to pose a hazardous threat to the health or safety of persons on or about such properties; any substance (whether solid, liquid or gaseous in nature) the presence of which on adjacent properties could constitute trespass by or against Lessee or Lessor; (6) any materials, waste, chemicals and substances, whether solid, liquid or gaseous in nature, now or hereafter defined, listed, characterized or referred to in any Environmental Laws as "hazardous substances," "hazardous waste," "infectious waste," "medical waste," "extremely hazardous waste," "hazardous materials," "toxic chemicals," "toxic substances," "toxic waste," "toxic materials," "contaminants," "pollutants," "carcinogens," "reproductive toxicants," or any variant or similar designations; (7) any other substance (whether solid, liquid or gaseous in nature) which is now or hereafter regulated or controlled under any Environmental Laws (without regard to the action levels, concentrations or quantity thresholds specified herein); or (5) (8) any result of the mixing or addition of any of the substances described in this Si ibsect;c'n B with or to other materials. C. "Phase I Environmental Assessment" shall mean: (1) an assessment of the Dam ;sGd Promises performed by an independent ano d'jly qualified. licensed engineer or registered architect with experience and ex- pertise in conducting environmental assessments of real estate, bed- rock and groundwater of the type found on the Demised Premises, and said assessment shall include, but not 22 necessarily be limited to a historical review of the use (abuse) of the Demised Premises, a review of the utilization and maintenance of Hazardous Materials on the Demised Premises, review of the Demised Premises' permit and en- forcement history (by review of regulatory agency records) a site reconnaissance and physical survey, inspection of Demised Premises, site interviews and site history evalu- ations, basic engineering analyses of the risks to human health and the environment of any areas of identified concerns, and preparation of a written report which discusses history, site land use, apparent regulatory compliance or lack thereof and which includes historical summary, proximity to and location of USTs, LUSTs, TSDFs, CERCLA site flood plain, maps, photograph log, references, conclusions and recommendations. D. "Phase II Environmental Assessment" shall mean: (1) an assessment of the . Demised Premises performed by an independent and duly qualified, licensed engineer with experience and expertise in conducting en- vironmental assessments of real estate, bedrock and groundwater of the type found on the Demised Premises, and said assessment shall include, but not necessarily be limited to, extensive sampling of soils, groundwaters and structures, followed by laboratory analysis of these samples and interpretation of the results, and preparation of a written report with boring Togs, photograph logs, maps, investigative procedures, results, con - clusions and recommendations. 10.02 MANUFACTURE, USE, STORAGE, TRANSFER OR DISTRIBUTION OF HAZARDOUS MATERIALS UPON OR WITHIN THE DEMISED PREMISES Lessee, for itself, its successors and assigns, covenants that to the extent that any Hazardous Materials are manufactured, brought upon, placed, stored, transferred or distributed upon or within the Demised Premises by Lessee, or its subtenant or assigns, or any of their agents, servants, employees, contractors or subcontractors, same shall be done in strict compliance with all Environmental Laws. Construction or installation of new or reconstruction of existing underground storage tanks and underground interconnecting conveyance facilities for any material or substance is not permitted without the advance written consent of the Chief Engineer of the District. 10.03 USE OF DEMISED PRE;v,I3E3 (RESTRICTIONS - ENVIRONMENTAL) Lessee shall use the Demised Premises only for purposes expressly authorized by Article 3.07 of this Lease. Lessee will not do of hermit oily act flat may impair the value of the Demised Premises or any part thereof rr that could mote'ially increase the dangers, or pose an unreasonable risk of harm, to the hccl;h or safety of persons to third parties (on or off the Demised Premises) arising from activities thereon, or that could cause or threaten to cause a public or private nuisance on the Demised Premises or use the Demised Premises in any manner (i) which could cause the Demised Premises to become a hazardous waste treatment, storage, 23 or disposal facility within the meaning of, or otherwise bring the Demised Premises within the ambit of, the Resource Conservation and Recovery Act of 1976, Section 6901 et seq. of Title 42 of the United States Code, or any similar state law or local ordinance, (ii) so as to cause a release or threat of release of Hazardous Materials from the Demised Premises within the meaning of, or otherwise bring the Demised Premises within the ambit of, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 9601 et seq. of Title 42 of the United States Code, or any similar state law or local ordinance or any other Environmental Law or (iii) so as to cause a discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, Section 1251 of Title 33 of the United States Code, or the Clean Air Act, Section 741 of Title 42 of the United States Code, or any similar state law or local ordinance. 10.04 CONDITION OF DEMISED PREMISES (ENVIRONMENTAL) A. In the event Lessee has been the prior occupant /tenant of the Demised Premises under a prior occupancy /use authorization, Lessee warrants and represents that to the best of Lessee's actual knowledge, during the period of such prior occupancy /use the Demised Premises and improvements thereon including all personal property, are free from contamination by any Hazardous Materials, that here has not been thereon a release, discharge, or emission, of any Hazardous Materials during its occupancy of the Demised Premises as defined by any Environmental Laws, and that the Demised Premises does not contain, or is not affected by underground storage tanks, landfills, land disposal sites, or dumps. '(This provision is applicable only to tenants seeking a new lease for the same property). B. In the event of a release, emission, discharge, or disposal of Hazardous Materials in, on, under, or about the Demised Premises or the improvements thereon during the term of this Lease except such release, emission, discharge or disposal by Lessor, its employees, or agents, Lessee will take all appropriate response action, including any removal and remedial action, either before or after the execution date of this Lease. 10.05 INDEMNIFICATION (ENVIRONMENTAL) A. In consideration of the execution and delivery of this Lease Agreement, the Lessee indemnifies, exonerates, and holds the Lessor and its officers, officials, Commissioners, employees, and agents ( "Indemnified Parties ") free and harmless from and against any and all actions, causes of action, suits, losses, costs, liabilities and damages and expenses incurred in connection with any of these (irrespective of whether any such Indemnified Party is a party to the action for which indemnification is here sought), including reasonable attorn'y'f fees, cans and disbursements, incurred by the Indemnified Parties as a rasu:t of cr arising out of or relating to (i) the imposition of any governmental lien for the recovery of environmental cleanup costs expended by reason of Lessee's activities, or (ii) any investigation, litigatior., or pr)ceGc7ing 'elated to any environmental response, audit, complianr,,', or ctner matter relating to the protection of the environment, or (iii) the :clease or threct3ned release by Lessee, its subsidiaries, or its parent company, of any Hazardous Materials, or the presence of Hazardous Materials on or under the Demised Premises, or any property to which the Lessee, its parent company or any of its subsidiaries 24 has sent Hazardous Materials, (including any losses, liabilities, damages, injuries, costs, expenses, or claims asserted or arising under any Environmental Law), regardless of whether caused by or within the control of the Lessee, its parent company or its subsidiaries, provided that, to the extent Lessor is strictly liable under any Environmental Laws, Lessee's obligation to Lessor under this indemnity shall be without regard to fault on the part of the Lessee with respect to the violation of law which results in liability to Lessor. B. Lessee shall defend, indemnify, save and keep harmless the Indemnified Parties against any loss, damage, cost, lien or expense which they may suffer, incur or sustain or for which it may become liable, growing out of any injury to or death of persons or Toss or damage to property which shall at any time during the term of this Lease be caused by or resulting from the migration of Hazardous Materials from the Demised Premises to adjacent properties. In case any action, suit, proceeding or investigation shall be commenced against one or more of the Indemnified Parties growing out of any such loss, damage, cost or expense, the Lessee shall give immediate written notice of the same to the Lessor, and Lessee shall attend to the defense of the same and save and keep harmless the Indemnified Parties from all' expense, attorney's fees, costs, disbursements and liabilities in any manner growing out of, pertaining to or connected therewith. C. Lessee shall be responsible for all costs for remediation of the Demised Property for contamination that migrates from adjacent property during the term of the Lease but Lessor may seek recovery from any responsible third party. 10.06 DEMISED PREMISES RESTORATION/ REMEDIATION BOND (ENVIRONMENTAL) On or before the commencement of the last three year period of the leasehold term hereunder, Lessee shall submit a letter of intent to renew and within eighteen (18) months prior to expiration, execute the lease. If a lease is not executed prior to eighteen (18) months prior to expiration, Lessee shall lodge with the Lessor its Environmental Demised Premises Restoration /Remediation Bond in the penal sum of $10,000.00, secured either by cash, irrevocable letter of credit or a commercial bond with surety to secure Lessee's performance of and compliance wit h the provisions and intent of Article 10 of this Lease. A cash payment securing the bond hereunder will be placed in an interest bearing account established by the Lessor specifically for this purpose. Any interest paid on account of said deposit shall be the property of and payable periodically to the Lessee. Such account shall be drawable only by Lessor upon its unilateral act. At no time shall the mount on deposit in said account be less than the penal sum of this Bond. Any con imorcia; bona with surety shall be fully prepaid by the Lessee and documented as such at the rinse II is lodged with the Lessor. Said Bond shall be in a form approved by the Lessor and shall be maintained in full force and effect until such time as Lessee has demonstrated and documented to the reasonable satisfaction of Lessor (and Lessor has executed its written release tner ? ^f to tn. issuer?, full compliance with all Environmental Laws, relating to Lessee's use o.• oc:,:ipancy of the Demised Premises and its environmental restoration or remediation. This provision shali survive th6 termination /expiration of this Lease. 25 10.07 ENVIRONMENTAL COVENANTS Lessee agrees to and covenants as follows: A. It has no knowledge of any pending or threatened: (1) claims, complaints, notices, or requests for information directed to Lessee with respect to any alleged violation of any Environmental Laws, or (2) complaints, notices, or requests for information directed to Lessee regarding potential liability under any Environmental Law, relating to or arising from the Demised Premises. B. Lessee covenants and agrees that, throughout the term of the Lease, all Hazardous Materials which may be used by any person for any purpose upon the Demised Premises shall be used or stored thereon only in a safe, approved manner, in accordance with all generally accepted industrial standards and all Environmental Laws. C. Lessee has been issued and is in compliance with all permits, certificates, approvals, licenses, and other authorizations relating to environmental matters and necessary for its business, if any. D. Lessee, to the best of its knowledge, is not a potentially responsible party with respect to any other facility receiving waste of the Lessee (whether or not from the Demised Premises ) under CERCLA or under any statute providing for financial responsibility of private parties for cleanup or other actions with respect to the release or threatened release of any Hazardous Materials. E. None of the manufacturing or distribution facilities of Lessee is subject to any environmental lien. "Environmental Lien" means a lien in favor of any government entity for any liability under any law relating to the environment or costs incurred by such government entity in response to the release or threatened release of any substance into the environment. F. Lessee will take all reasonable steps to prevent and has no knowledge of any conditions on the Demised Premises that is or was alleged by any government entity or third party to be in violation of any Environmental Laws. Lessee will take all reasonable steps to assure that there will be no spill, discharge, leaks, emission, ini ction Pscare, dumping, or release of any toxic or Hazardous Materials by any pe•scn: on the Demised Premises during the term of this Lease. G. Except as disclosed on Attachment D hereto, Lessee has not received from any government entUy 196;:o, u)i)r written complaint or written notice asserting potential liability, written request fo- information, or written request to investigate any site unc:ui the CERCLA of 1780, as amended, or under any domestic state law comparable to CERCLA or any foreign law comparable to CERCLA. 26 H. Lessee, to the best of its knowledge after due inquiry, since November 15, 1971, represents that there has not been any discharging, spilling, leaking, dumping, or burying of hazardous substances, as defined in CERCLA, or disposal of hazardous wastes, as defined in RCRA, or of any other pollutant or contaminant at the Demised Premises that is likely to form the basis for any written claim by any government entity seeking to impose liability for remedial action under CERCLA or RCRA *(This provision applicable only to occupants /tenants seeking a new lease for the same property). I. During the term of this Lease, Lessee will not allow the installation of asbestos on the Demised Premises, or any item, article, container or electrical equipment, including but not limited to transformers, capacitors, circuit breakers, reclosers, voltage regulators, switches, electro- magnets and cable, containing PCBs. J. Within 60 days after execution of the Lease, the Lessee shall prepare and submit a general statement to Lessor of it operations and maintenance program for any activities conducted on Demised Premises, describing its layout, process, method of inspections, . reporting procedure, and maintenance of equipment, which shall be updated annually and submitted to Lessoron the anniversary date of the execution of the Lease. K. Lessee agrees to conduct daily monitoring and to maintain a daily log book to ensure compliance with all Environmental Laws which may be inspected by Lessor at its option. L. The Lessee shall notify Lessor in writing of any proposed significant renovation or improvement on or to the Demised Premises, which notice shall include any drawings, plans and specifications thereof, at least 30 days prior to beginning construction of any such renovation or improvement. For purposes of this subsection (1), renovation shall be deemed significant when the total cost exceeds $10,000.00. M. The aforesaid representations and warranties shall survive the expiration or termination of the Lease. 10.08 DEFAULT (ENVIRONMENTAL) The occurrence of any one or more of the following events shall constitute a default under this Lease Agreement, but said default shall not terminate the Lease unless Lessor notifies Lessee of termination in writing: A. The Demised Premises are I :stod or proposed for listing on the National Priorities List pursuant to Section 1 -G5 oi the CERCLA, 42 U.S.C. Section 9605, on the CERCLIS, or on any other similar state list of sites or facilities requiring environmental investigation or cleanup. B. Lessee is determined to t_ve Iicbility for uncerground storage tanks, active or abandoned, includinc, aetrolaLm storage tanks, on or under the Demised Premises , including any release of Hazardous Materials therefrom, that, singly or in the aggregate, have or may reasonably be expected to have a 27 material adverse effect on the financial condition, operations, assets or business, properties or prospects of Lessee. C. Lessee is determined to have liability for polychlorinated biphenyls (PCBs) that require immediate remediation or cleanup or friable asbestos in such condition to cause or threaten to cause, a present health hazard at any property previously leased by Lessee that, singly or in the aggregate, has or may reasonably be expected to have a material adverse effect on the financial condition, operations, assets, business, properties, or prospects of Lessee. D. Lessee is determined to have liability under any Environmental Laws for any condition that exists at, on, or under any property previously leased by • Lessee that, with the passage of time or the giving of notice, or both, gives rise to liability that, singly or in the aggregate, has or may reasonably be expected to have a material adverse effect on the financial condition, operations, assets, or business properties or prospects of Lessee. 10.09 ADDITIONAL ENVIRONMENTAL COVENANTS Lessee shall cause each of its contractors, subcontractors, employees and agents to: A. (1) Use and operate all of the Demised Premises in compliance with all applicable Environmental Laws, keep all material permits, approvals, certificates, and licenses in effect and remain in material compliance with them; (2) undertake reasonable and cost - effective measures to minimize any immediate environmental impact of any spill or leak of any Hazardous Materials caused by Lessee or any person permitted to use the Demised Premises by Lessee or any third party during the term of the Lease except Lessor; (3) provide notice to the Lessor of the operation of any on -site non - hazardous waste disposal facility. For purposes of this subsection (A)(3), the term "waste" means any discarded or abandoned material, and the term "disposal facility" means any facility in which wastes are placed for disposal or storage, in each case, for longer than three (3) months. B. Notify Lessor by telephone within two hours of Lessee's actual knowledge the release of Hazardous Materials, including the extent to which the identity of the Hazardous Materials is known, the quantity thereof and the cause(s) of the release, and provide Lessor withir, 72 hours of the event, with copies of all written notices by Lessee, its parent and its subsidiaries that are reported to government regulators or received from the government regulators. C. Provide such informarion That lessor male reasonably request from time to time to determine compliance by the Lessec with this Article. D. Lessee covenants and agrees to cooperate with Lessor in any inspection, assessment, monitoring or remediation instituted by Lessor during the Lease 28 term and to allow prospective tenants or purchasers reasonable access to the Demised Premises one year prior to the expiration of the Lease. 10.10 COMPLIANCE (ENVIRONMENTAL) The Lessee will cause its parent company and each of its subsidiaries, if any, to exercise due diligence to comply with all applicable treaties, laws, rules, regulations, and orders of any government authority. A. Lessee shall conduct a Phase I Environmental Assessment, at its own expense, with respect to the Demised Premises every fifth anniversary of the execution of this Lease and submit the written report to the Lessor within 90 days after each fifth anniversary. After review of each Phase I Environmental Assessment, or at any other time, upon receipt of any information or report Lessor, at its sole discretion, may require Lessee, at Lessee's expense, to obtain a Phase II Environmental Assessment with respect to the Demised Premises. The written report of the Phase II Environmental Assessment shall be submitted. to Lessor .within 120 days of Lessor's request for same. If the Phase II Assessment discloses the presence of any Hazardous Materials contamination on the Demised Premises or adjacent property caused or permitted by Lessee during the term of the Lease, Lessee shall take immediate action to remediate the contamination and to restore the Demised Premises to a clean and sanitary condition and to the extent required by any and all environmental laws. Lessor may require Lessee to obtain a Phase I and Phase II Environmental Assessment with respect to the Demised Premises at any other time if it has reasonable suspicion of the presence of Hazardous Material on the Demised Premises resulting from Lessee's activities. B. If buildings exist on the premises on the date of this Lease or subsequent thereto, Lessee agrees to implement its own building maintenance and operations program for asbestos inspections on an annual basis and to report its findings to Lessor annually on the anniversary date of the Lease. C. Capacitators, transformers, or other environmentally sensitive installations or improvements shall be removed at the end of the Lease at Lessor's election. D. In addition to the Environmental Assessments required in paragraph A of this Article, Lessor shall have the right, but is not required to cause an independent environmental consultant, chosen by the Lessor at its sole discretion, to inspect, assess and test the Demised Premises for the existence of any and all environmental conditions and any and all violations of Environmental Laws (Environmental Assessment). The scope, sequence and timing of the Environrner,tal Assessment shall be at the sole discretion of Lessor. E. If any Environmenat Assessment reveals, or Lessor otherwise becomes aware of, the existence of any violation of any Environmental Laws that either Lessee is unwil;in.) ;o rernadia`e or that Lessor is unwilling to accept, Lessor shall have the right and option to terminate this Agreement and to declare it null and void. 29 F. Not Tess than one (1) year prior to the expiration of the Lease, Lessee shall have caused to be prepared and submitted to the Lessor a written report of a site assessment in scope, form and substance, and prepared by an independent, competent and qualified professional and engineer, registered in the State of Illinois, satisfactory to the Lessor, and dated not more than eighteen (18) months prior to the expiration of the Lease, showing that: (1) the Demised Premises and any improvements thereon do not materially deviate from any requirements of the Environmental Laws, including any licenses, permits or certificates required thereunder; (2) the Demised Premises property and any improvements thereon do not contain: (1) asbestos in any form; (ii) urea formeldehyde; (iii) items, articles, containers, or equipment which contain fluid containing polychlorinated biphenyls (PCBs); or (iv) underground storage tanks which do not- comply with Environmental Laws; (3) the engineer has identified, and then describes, ' any Hazardous Materials utilized or maintained on the Demised Premises, the exposure to which is prohibited, limited, or regulated by any Environmental Laws; (4) if any Hazardous Materials were utilized and maintained on the Demised Premises, the engineer has conducted and submitted a Phase I1 Environmental Assessment of the Demised Premises, which documents that the Demised Premises and improvements are free of contamination by Hazardous Materials; (5) the engineer has identified and then describes, the subject matter of any past, existing, or threatened investigation, inquiry, or proceeding concerning environmental matters by any federal, state, county, regional or local authority, (the "Authorities "), and described any submission by Lessee concerning said environmental matter which it intends to give, has been given or should be given with regard to the Demised Premises to the Authorities; and (6) the engineer includes copies of the submissions made pursuant to the requirements o1 title III of the the Superfund Amendments and Veautho:iza ;ion Act of 1986, (SARA) Section 11001 et seq. of Title 42 of the United States Code. G. In the event Lessee should receive a Notice of Environmental Problem, Lessee shall promptly provide n copy to the Lessor, and in no event later than seventy-two ;72) tours from Lessee'3 and any tenant's receipt or submission thereof. "Notice of Environmental Problem" shall mean any notice, letter, citation, order, warning, complaint, inquiry, claim, or demand that: (1) the Lessee has violated, or is about to violate, any Environmental 30 Laws; (ii) there has been a release, or there is a threat of release, of Hazardous Materials, on the Demised Premises, or any improvements thereon; (iii) the Lessee will be liable, in whole or in part, for the costs of cleaning up, remediating, removing, or responding to a release of Hazardous Materials; or (iv) any part of the Demised Premises or any improvements thereon is subject to a lien in favor of any governmental entity for any liability, costs, or damages, under any Environmental Laws, arising from or costs incurred by such government entity in response to a release of a Hazardous Material. 10.11 INSPECTION AND RIGHT OF INSPECTION (ENVIRONMENTAL) A. In the event Lessee receives a Notice of Environmental Problem as defined in Paragraph 10.01, Lessee shall, within ninety (90) days, submit to Lessor a written report in scope, form and substance, and prepared by an independent, competent and qualified, professional, registered engineer, reasonably satisfactory to the Lessor, showing that the engineer made all appropriate - inquiry consistent with good commercial and customary practice and consistent with generally accepted engineering practice and procedure, indicating whether any evidence or indication came to light which would- suggest there was a release of substances on the Demised Premises which could necessitate an environmental response action, and which describes the Demised Premises compliance with, or lack thereof, and with all applicable environmental statutes, laws, ordinances, rules, and regulations, including licenses, permits, or certificates required thereunder, and the Lessee's compliance with the representations and warranties previously set forth in this Lease. After review of the written report, upon reasonable basis therefor Lessor may require Lessee to submit a written Phase II Environmental Assessment pursuant to provisions set forth in paragraph 10.10A. B. Lessor hereby expressly reserves to itself, its agents, attorneys, employees, consultants, and contractors, an irrevocable license and authorization to enter upon and inspect the Leased Premises and improvements thereon, and perform such tests, including without limitation, subsurface testing, soils, and groundwater testing, and other tests which may physically invade the Demised Premises or improvements thereon, as the Lessor, in its sole discretion, determines is necessary to protect its interests. ARTICLE 11 The joint Lessees, the Village of Lemont and the Lemont Park District, shall be jointly and severally liable for compliance with a!l duti -9s, obliga'ions, covenants, and terms set forth in this Lease agreement. 31 IN WITNESS WHEREOF, THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO has caused this instrument to be executed in triplicate by the Chairman of the Committee on Finance of its Board of Commissioners and attested by its Clerk, and its corporate seal to be hereunto affixed; and the Lessee has caused this instrument to be executed in triplicate by its Mayor and attested by its Clerk and its corporate seal to be hereunto affixed all the day and year first above written. ATTEST: Mary C. West, Clerk ATTEST: f Title: ' ;G'"c.e7r6'<.c /1 32 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO By: Gloria Alitto Majewski Chairman of the Committee on Finance VILLAGE OF LEMONT STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, a Notary Public in and for said County, in the State aforesaid, DOES HEREBY CERTIFY that personally known (Name) to me to be the of , a (Title) (Village/Town /City) municipal corporation, and , personally known to me to be (Name) of said municipal corporation and personally known to (Title) to me to be same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and of said municipal corporation, duly (Title) (Title) executed said instrument in behalf of said municipal corporation and caused its corporate seal to be affixed thereto pursuant to authority given by the corporate authority of said municipal corporation, as its free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , A.D. 20 . My Commission expires: 33 Notary Public • STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) I, Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Gloria Alitto Majewski personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a municipal corporation, and Mary C. West, personally known to me to be the Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said municipal corporation, and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Commissioners of said municipal corporation, as their free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. . GIVEN under my hand and Notarial Seal this day of , A.D. 20 My Commission expires: 34 Notary Public STATE OF ILLINOIS ) )SS COUNTY OF COOK ) LESSEE'S NON - COLLUSION AFFIDAVIT , the /President and the /Secretary of , the Lessee in the above and foregoing Lease, being first duly sworn on oath deposes and says that they are the /President and /Secretary respectively of the Lessee hereunder, and that neither they nor any agent of the Lessee have been a party to any collusive agreement with the Lessor hereunder or with Lessor's Commissioners, General Superintendent or officers with respect to the .leasing of the Premises which are the subject of the above and foregoing Lease. SUBSCRIBED AND SWORN to before me this day of , 20 . Notary Public President Secretary 35 STATE OF ILLINOIS ) SS. COUNTY OF COOK The undersigned, being Commissioners and General Superintendent of the Metropolitan Water Reclamation District of Greater Chicago, being first duly sworn upon oath, individually deposes and says that he /she is not and has not been a party to any collusive agreement with the Lessee or Lessees of the Premises described herein. SUBSCRIBED AND SWORN to before me this day of , 20 . Notary Public President Terrence J. O'Brien Vice - President Kathleen Therese Meany Commissioner Gloria Alitto Majewski Commissioner James C. Harris Commissioner Barbara J. McGowan Commissioner Martin A. Sandoval Commissioner Cynthia M. Santos Commissioner Patricia Young Commissioner Harry "Bus" Yourell General Superintendent John C. Farnan 36 • APPROVED AS TO FORM AND LEGALITY: Head Assistant Attorney Attorney APPROVED AS TO PLAT AND LEGAL DESCRIPTION: Engineer of Infrastructure Management Assistant Chief Engineer of Infrastructure & Budget Management Division Chief Engineer APPROVED: General Superintendent RECEIVED: Fee Insurance Bond