R-409-96 03/11/96ITEM V.C.5
RESOLUTION
RESOLUTION APPROVING LEASE AGREEMENT RENEWAL
WITH WEST SHORE PIPE LINE COMPANY
WHEREAS, The West Shore Pipe Line Company has leased I & M Canal property
from the Village of Lemont since the acquisition of the Canal from the State of Illinois; and
WHEREAS, The lease agreement with West Shore has expired and they are seeking
to renew for an additional 20 -year period; and
WHEREAS, It is in the best interest of the Village of Lemont to renew this lease in
an amount of $10,000.
NOW, THEREFORE, BE IT RESOLVED that the attached Lease Agreement with
West Shore Pipe Line Company is approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS,
on this 11th day of March , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
v
CHARLENE SMOLLEN, Village Clerk
Approved by me this 11th day of ► arch 1996
RTHARD • KW NESKI, Village President
Attest:
CHARLENE SMOLLEN, Village Clerk
West Shore Pipe Line Company
One Mid America Plaza
Suite 300
Oakbrook Terrace, Illinois 60181
February 27, 1996
Mr. John P. Antonopoulos
Antonopoulos, Virtel, & Groselak, P.C.
Courtyard Professional Building
Suite 100
15419 127th Street
Lemont, Illinois 60439
Dear Mr. Antonopoulos:
West Shore Pipe Line Company lease from The Village of Lemont
Our Reference WS -130A
Enclosed please find duplicate originals of subj ct k‘ase which has been executed, and
duly attested and acknowledged on behalf of West Shore Pipe Line Company. Also,
enclosed is our check number 000048 of today's date in the amount of $10,000 to cover
the rent for the term of this lease which commences on February 1, 1996, and terminates
on January 31, 2015.
Please return a fully- executed original to my attention at the address above.
Thank you for your assistance with this matter. Should you have any questions, please
feel free to call me at 708 - 990 -3754.
Yours truly,
Jeanne Groat
Real Estate Assistant
0)6-(30/4
WEST SHORE PIPE LINE LEASE
THIS INDENTURE, made and entered into this /(P day of
Wc'uA , A.D., 1996 by and between the VILLAGE OF LEMONT, a
Municipal Corporation, located at 418 Main Street, Lemont, Illinois 60439, hereinafter
referred to as "LESSOR ", and WEST SHORE PIPE LINE COMPANY, located at One
Mid America Plaza, Suite 300, Oakbrook Terrace, Illinois 60181, hereinafter referred to
as "LESSEE ", WITNESSETH:
LESSOR for and in consideration of conditions and covenants hereinafter set forth
and subject to all laws and regulations governing the lease premises, hereby lets and leases
to LESSEE for a term of nineteen (19) years, commencing on the 1st day of February,
1996, and terminating on the 31st day of January, 2015, the following described property:
A STRIP OF LAND 10 feet wide, being 5 feet wide on either side of the
centerline of survey crossing Village of Lemont land (Old Illinois and
Michigan Canal) in the Northwest 1/4 of Section 14, Township 37 North,
Range 11, East of the Third Principal Meridian, Cook - DuPage County,
Illinois, and more particularly described as follows:
Beginning at a point on the most Southerly property line of said property
(known as the Old Illinois and Michigan Canal), said point is located 397.6
feet Northerly of the center of said Section 14 along the West line of the
Northwest 1/4 of said Section 14 and an angle of 87 degrees 35 feet turned
left of the last described course and distance for a distance of 275.8 feet to
a point and an angle of 2 degrees 11 feet turned right of the last described
course and distance for a distance of 625.5 feet to a point and an angle of 26
degrees 38 feet turned to the left of the last described course and distance for
a distance of 281.31 feet to the point of beginning; thence crossing said
property (Old Illinois and Michigan Canal) as follows: "continuing along the
last course -- for a distance of 181.08 feet to a point; thence from the last
described course and distance an angle of 28 degrees 18 feet turned right for
a distance of 122.7 feet to a point; thence from the last course and distance
turn an angle of 12 degrees 19 feet left for a distance of 368.6 feet to a point;
thence from the last course and distance an angle of 14 degrees 1 foot turned
left for a distance of 100.8 feet to a point; thence from the last described
course and distance an angle of 32 degrees five feet turned right for a
distance of 86.1 feet to a point on the most Northerly property line of said
property (Old Illinois and Michigan Canal)"; thence turn an angle of 102
1
degrees 1 foot to the left of the last described course and distance for a
distance of 243.07 feet and an angle of 90 degrees 00 feet turn to th,-
the last described course and distance for a distance of 1995.08 feet to said
center of said Section 14.
Together with a temporary lease which extends 40 feet North and 15 feet
South of the above - described centerline for a period of 90 days from the
beginning of construction of the aforesaid pipeline.
IT IS FURTHER AGREED AND COVENANTED BY AND BETWEEN THE
PAR'HES HERETO AS FOLLOWS:
1. LESSEE shall pay as rent the sum of TEN THOUSAND DOLLARS
($10,000.00) for the term of this lease which amount shall be payable in advance upon
execution of this agreement. Said rental payment shall be made payable to the Village of
Lemont, 418 Main Street, Lemont, Illinois 60439.
2. LESSEE shall have the right to occupy and use the above - described leased
premises for laying, maintaining, operating and /or removing a sixteen (16) inch steel
pipeline for the use and purpose of transmitting oil, gas or products thereof, and for no
other purpose whatsoever.
3. LESSEE agrees to restore the leased premises at the termination or cancellation
of this lease to the same or better condition as existed at the commencement of this lease,
ordinary wear and tear excepted. Furthermore, LESSEE shall not build, place, erect or
install any structure or do any work of any kind on said leased premises, other than herein
authorized, without the prior written approval of LESSOR. All improvements authorized
in accordance with the terms and conditions of this lease shall be and remain the property
of LESSEE and may be removed by LESSEE at or before the above mentioned expiration
date.
4. LESSEE shall not sublet, sublease, assign, or otherwise permit the use or
2
occupancy of the above - described leased premises, or any part thereof, without the prior
written consent of LESSOR. No holding over by LESSEE shall operate to renew this
lease.
5. It is specifically understood that the leased premises shall not be used for a junk
yard, the burning of refuse, deposition of debris, waste or material, or for any other
unsanitary or unhealthful purposes of any kind or nature, or any other use or occupancy
thereof contrary to any Federal, State or local laws or regulations.
6. LESSOR hereby reserves the right to cancel this lease after 30 days written
notice of a violation by LESSEE of any of the terms and conditions of this lease, and in the
event the LESSEE fails to cure said default within 30 days of said notice, LESSOR shall
possess the right to declare this lease void, and upon demand, to reenter and repossess said
premises and LESSEE shall surrender said premises to LESSOR. LESSOR reserves the
right at any and all times to enter upon the above - described leased premises and use and
occupy the whole or any part thereof.
7. LESSOR makes 110 guarantees or assurances regarding the condition of any
improvements situated on the above - described premises and LESSEE shall be fully
responsible for the maintenance of all of said improvements.
8. This lease shall not be construed to release LESSEE from any liability for
damage to persons or property resulting from or in consequence of the use and occupation
of the demised premises and does not sanction any injury to privacy property or invasion
of private rights. LESSEE shall procure all permits and licenses, pay any and all charges
and fees, and give all notices necessary and incident to the due and lawful prosecution of
any activities conducted on the above - described premises when such permits, licenses and
notices are required by any Federal, State or local laws, ordinances or regulations.
3
9. LESSOR, its agents or assigns, reserves the right of ingress and egress across or
through any of the above - described lands and LESSEE releases the Village of Lemont, a
Municipal Corporation from any and all damages.
10. LESSEE agrees that it will protect and save and keep the LESSOR forever
harmless and indemnified against and from any penalty or damage or charges imposed for
any violation of any laws or ordinances, and that LESSEE will at all times protect,
indemnify and save and keep harmless the LESSOR against and from any and all loss, cost,
damage or expense, arising out of or from any accident or other occurrence on or about
said premises, causing injury to any person or property whomsoever or whatsoever and will
protect, indemnify and save and keep harmless the LESSOR against and from any and all
claims and against and from any and all loss, cost, damage or expense arising out of any
failure of LESSEE in any respect to comply with and perform all the requirements and
provisions hereof.
i i. L i S iI ,hall be responsible for surface drainage rights of adjoining lands, over,
under and across said parcel and for providing for all drainage presently being accepted by
any watercourse in the area, both above and through the leased premises, and provisions
for altering such drainage shall be subject to approval by LESSOR in writing.
12. LESSEE shall be responsible for the removal, replacement, and /or modification
of any and all structures owned by LESSEE situated on the leased premises, which, in the
sole discretion of LESSOR must be removed, replaced, and /or modified in order to provide
present and future drainage, recreational, or other use and development of the Tllinois and
Michigan Canal. All costs and expenses incurred as a result of said removal, replacement
and /or modification of said structures shall be borne by LESSEE. Further, if it is
determined by LESSOR that any use of the leased premises by LESSEE is, or may be
4
hazardous to present or future public use of the Illinois and Michigan Canal, LESSEE at
its sole expense, upon demand by LESSOR, shall install such safety devises or make such
modifications as to render said leased premises safe and compatible with said public uses.
In the event that LESSEE fails to conform to the terms of this provision within ninety (90)
days from the date that demand is received from LESSOR to remove, replace and /or
modify the above - described structures, or to render the leased premises safe and compatible
for public purposes, this lease shall be cancelled by LESSOR and all rights of LESSEE
under this lease shall be forfeited.
13. LESSEE shall be solely responsible for and shall indemnify, defend and hold
LESSOR and its subsidiaries, directors, officers, employees, servants and agents (collectively
"Agents ") harmless from any and all claims, judgments, losses, demands, causes of action,
proceedings or hearings relating to the storage, placement or use of hazardous materials
(hereinafter collectively referred to as "Claims ") by LESSEE, its Agents or invitees on or
about the Premises from and after LESSEE's initial occupancy of the Premises pursuant to
that certain lease between the parties dated October 14, 1974, including, without limitation,
Claims resulting from the contamination of subterranean water beneath, adjoining or in the
vicinity of the Premises. LESSEE shall reimburse LESSOR for: (i) losses in or reductions
to rental income resulting from LESSEE's use, storage and disposal of hazardous materials;
(ii) all costs of refitting or other alterations to the Premises necessitated by LESSEE's use,
storage, or disposal of hazardous materials including, without limitation, alterations required
to accommodate an alternate use of the Premises; and (iii) any diminution in the fair
market of hazardous materials. LESSEE agrees to defend all such Claims on behalf of
LESSOR with counsel acceptable to LESSOR, and to pay all fees, costs, damages or
expenses relating to or arising out of any such Claim including attorney's fees and costs.
5
LESSEE further agrees to be solely responsible for and to indemnify, defend and hold
LESSOR and its Agents harmless from all claims, including reasonable attorney's fees and
costs arising out of or in connection with any removal, clean-up or restoration work which
is required by any government agency having jurisdiction and which arises from LESSEE's
negligence, use or disposal of hazardous materials on the Premises during its occupancy of
the Premises.
14. From time to time during the Term of the Lease or any extension thereof and
not more than ninety (90) days after the expiration or earlier termination of this Lease,
including any extension thereof, LESSOR may, in its sole discretion and upon notification
to Lessee conduct tests of the Premises to determine the presence of hazardous materials.
Such tests shall be performed by a Certified Environmental Company. Results of said tests
will be provided to LESSEE at LESSEE's request.
15. LESSEE agrees that it will pay all Illinois real estate taxes, if any; that may be
attached to the leased premises during the time of possession of the leased premises by
LESSEE. If said premises become taxable, LESSEE shall have the option to terminate this
Lease upon ten (10) days prior written notice.
WITNESS the signatures of the parties hereto, the day and year first above written.
WEST SHORE PIPE LINE COMPANY
Al'1'EST:
elasso Asst.
Secretary
6
By ll> 4 pY4 G LLL
D. L. Parus , President
VILLAGE OF LEMONT,
a Municipal Corporation
A 1 1'EST:
Charlene M. Smollen, Village Clerk
w neski, President
State of Illinois )
County of Cook )
I, 71/4/21Z_ £ Z A , a Notary Public do hereby certify that
D. L. Parus and A. Delasso , personally
known to me to be the same person whose names are respectively as President and
Ass t . Secretary of West Shore Pipe Line Company, a corporation of the State of Delaware
subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that they, being thereunto duly authorized, signed, sealed with the corporate
seal, and delivered the said instrument as the free and voluntary act of said corporation and
as their own free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and official seal this orffida of ;,- 13-eu €i ' •
OV-19'*411Y7-57
OFFICIAL SgAL
MARK L =ILA
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXP. AN. 5 1998
State of Illinois
County of Cook
)
Richard Kwasneski and C
whose names are respec
Municipal Corporation,
ene Smolle
as Village
rporation of
instrument, appeared before me this day
;icing thereunto duly authorized, signed,
said instrument as the free and voluntary
voluntary act, for the uses and purposes
Given under my hand and official
Not ary Public
, a Notary Public do hereby certify that
n, personally known to me to be the same person
President and Clerk of the Village of Lemont, a
the State of Illinois, subscribed to the foregoing
in person and severally acknowledged that they,
sealed with the corporate seal, and delivered the
act of said corporation and as their own free and
therein set forth.
seal this ,L day of
Prepared by:
Antonopoulos, Virtel & Groselak, P.C.
15419 127th Street, Suite 100
Lemont, Illinois 60439
(708) 257 -5816
7
, 1996.
•ilk _. h$i.a_
Notary Public