R-47-21 Approving a Lease Between Met. Water Reclamation District and Lemont_executedTO:
FROM:
THROUGH:
SUBJECT:
DATE
__ on., 3 _
Village Board Meeting
George Schafer, Administration
A Resolution Approving a Lease Agreement Between the Metropolitan
Water Reclamation District of Greater Chicago and the Village of Lemont,
Illinois
August 9, 2021
SUMMARY/BACKGROUND
The Village has had a long history of partnering with the Metropolitan Water Reclamation
Water District of Greater Chicago (MWRD) in leasing MWRD owned land for recreational and
public use. Currently the Village holds lease rights to hundreds of acres in the Heritage Quarry
Area (HQRA) and is a co-leasee with the Lemont Park District for the Safety Village and future
Downtown Linear Park sites. Typically if the public entity meets MWRD rules and regulations
for use of the site, the lease can be granted at a nominal rate.
The Village has been working with MWRD staff/legal on securing additional channel parcels
that are available. These properties include several properties west of 1-355 and north of the
Sanitary and Ship Canal (Channel atlas #20.01 and 21.01). The intent would be for the
Village to secure the properties for long-range recreational plans, including a potential trail
loop adjacent to the Centennial Trail.
In late 2020 the Metropolitan Water Reclamation District of Greater Chicago (MWRD) formally
approved an authorization to enter into a lease for these properties with the Village. Staff,
legal and engineering have been working on terms for the potential agreement for the last
several months. The next step to execute the lease would be for the Village Board to approve
subject to final execution by the Mayor and Village Administrator. Since authorization has
already been granted by MWRD to negotiate a lease, MWRD staff can execute on their end
once approved by our Village Board (and executed by Village Administrator and Mayor). The
approval includes a lease agreement for a 39 year period. The language is standard for
agreements with MWRD and very similar to previous leases entered into. One deviation from
standard agreements in which MWRD is amenable is an extension of the typical requirement
for green infrastructure improvements on the property from 1 year to 2 years. This flexibility
allows the Village to plan for improvements required by the lease and include in future capital
budget discussions. This provision will be included in an exhibit to the agreement still to be
finalized. The Village may need additional time and will file extensions if needed.
There will be an additional intergovernmental agreement to be entered into between the
Village and adjacent lease holders. Those agreements necessitate further surveying and
negotiation. At this time the lease for the MWRD properties is ready for approval.
ANALYSIS
Consistency with Village Policy
2018 Strategic Plan
STAFF RECOMMENDATION
Staff recommends approval of the lease agreement with MWRD.
BOARD ACTION REQUESTED
Motion to Approve Resolution
ATTACHMENTS
Resolution MWRD Lease.pdf
LEMONT LEASE AGREEMENT 20.01 21.01.pdf
VILLAGE OF LEMONT
RESOLUTION
NUMBER R- Ll::-21
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
AND THE VILLAGE OF LEMONT, ILLINOIS
JOHN EGOFSKE, Village President
CHARLENE N1. SMOLLEN, Clerk
JANELLE KITTRIDGE
DA VE VA HER
KENMCCLAFFERTY
KE VI,V SHA UGHNESSY
RICK S:VIEGOWSKI
RON STAPLETON
Trustees
Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on _-2021
RESOLUTION NO. R- -21
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
AND THE VILLAGE OF LEMONT, ILLINOIS
WHEREAS, the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the
Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt
resolutions for the benefit of the residents of the Village; and
WHEREAS, the Village and the Metropolitan Water Reclamation District of Greater
Chicago ("MWRD") wish to enter into a lease agreement for the property located north of the
Main Channel and west of I-355 in Lemont, Illinois; Main Channel Parcels 20.01 and 21.01 as
further outlined in the lease agreement attached hereto as Exhibit A ("Agreement"); and
WHEREAS, the Mayor and Board of Trustees find that it is in the best interests of the
Village to authorize the Agreement attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1: RECITALS.
That the above recitals and legislative findings are found to be true and correct and are
hereby incorporated herein and made a part hereof as if fully set forth in their entirety.
SECTION 2:
The Mayor and Board of Trustees of the Village of Lemont hereby approve the
Agreement with the MWRD in substantially the same form as attached hereto as Exhibit A,
subject to attorney review.
SECTION 3:
The Mayor and the Clerk are hereby authorized, respectively, to execute the Agreement
with the MWRD.
SECTION 4:
This Resolution, and its parts, are declared to be severable and any section, subsection,
sentence, clause, provision, or portion of this Resolution that is declared invalid such decision
shall not affect the validity of any other portion of this Resolution, which shall remain in full
force and effect.
SECTION 5:
All Resolutions and Ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 6:
This Resolution shall be in full force and effect upon its passage, approval and publication
as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS,
ON THIS 6t-- DAY OF hh,tG'1 �5-1 2021.
Janelle Kittridge
Dave Maher
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
ATTEST:
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYES
J
J
V/
V
CHARLENE M. SMOLLEN
Ville TP
Q' 0
�, Z
ABSENT: ABSTAIN:
JOHN EGOFSKE
President
EXHIBIT A
DOCUMENT PREPARED BY AND AFTER
RECORDING, RETURN TO:
Metropolitan Water Reclamation District
Of Greater Chicago
Law Department/Real Estate Division
100 E. Erie St.
Chicago, IL 60611
Attn: Head Assistant Attorney
Christopher Murray
P.I.N.s:
12-02-26-400-002-0000
12-02-25-100-004-0000
This space reserved for recorder's use only.
LEASE AGREEMENT
(Governmental Form)
REV. 8-19-21
THIS INDENTURE, made this 6tn day of February, 2020, by and between the
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a body cor-
porate and politic organized and existing under the laws of the State of Illinois, with
principal offices at 100 East Erie Street, Chicago, Illinois 60611 (hereinafter desig-
nated "District" or "Lessor"), and the VILLAGE OF LEMONT, a local municipality orga-
nized and existing under the laws of the State of Illinois, with principal offices in
Stickney, Illinois (hereinafter designated "Lessee").
WITNESSETH THAT:
ARTICLE ONE
1.01 PREMISES LEASED
Lessor, for and in consideration of the rents hereinafter reserved and of the
covenants and agreements hereinafter contained, does hereby demise and lease unto
said Lessee all of the Demised Premises legally described and depicted in the plat of
survey in Exhibit "A" which is attached hereto and made a part hereof, located north
of the Main Channel and west of I-355 in Lemont, Illinois; Main Channel Parcels 20.01
and 21.01 ("Demised Premises") for those purposes, as more specifically described in
Article Three, Paragraph 3.07 hereof, pursuant to 70 ILCS 2605/8 and 8c, consisting
of 102.51 acres of vacant real estate. An aerial photograph generally depicting the
boundaries of the Demised Premises is attached hereto as Exhibit "B".
For the purposes of this Lease, the terms "Leased Premises, Leasehold Prem-
ises, Demised Premises," or similar terms may be used interchangeably, and shall be
used synonymously to mean the real property which is the subject hereof and any
improvements located thereon at the time of leasing or placed thereon by Lessee dur-
ing the term of this Lease.
1.02 TERM OF LEASE
The term of this Lease is 39 years, beginning on the 1st day of September, A.D., 2021,
and ending on the 31st day of August, A.D., 2060, unless said term shall end sooner
under the provisions hereof.
ANYTHING CONTAINED IN THIS LEASE TO THE CONTRARY NOTWITHSTAND-
ING, 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 EXECUTIVE DIRECTOR OF LESSOR THAT THE DE-
MISED PREMISES (OR PART THEREOF) HAS BECOME ESSENTIAL TO THE CORPORATE
PURPOSES OF 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 agreed by the parties hereto that Lessor exe-
cutes and delivers this Lease without representation or warranties concerning Les-
sor's title to the Demised Premises and authority to execute this Lease, the size of the
Demised Premises, the useable areas of the Demised Premises, and building and zon-
ing laws affecting the Demised Premises. Lessee has examined the title to the De-
mised Premises and Lessor's authority to enter into this Lease, the size of the Demised
Premises, and the useable areas of the Demised Premises, and is satisfied therewith.
Lessee has further examined the building and zoning laws concerning the Demised
Premises and is satisfied that it may construct the improvements which are hereinaf-
ter set forth in Section 6.01 of this Lease and that said Lessee may use the Demised
Premises in accordance with the uses set forth 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, 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 zon-
ing change and building permits;
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B. The failure of Lessee to obtain such zoning change as may be nec-
essary 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 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 con-
demnation of the Demised Premises herein leased, or any part thereof, the entire
condemnation award shall be the sole property of 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, Lessee shall
be entitled to the cancellation of this Lease.
ARTICLE TWO
2.01 RENT AND ADDITIONAL COMPENSATION
Lessee covenants and agrees, in consideration of the leasing of the Demised
Premises aforesaid, to pay to Lessor as rent for the said Demised Premises:
A. Lessee covenants and agrees, in consideration of the leasing of
the Demised Premises aforesaid, to pay to Lessor, as rent for the
Demised Premises, a one-time fee in the amount of Ten and
No/100 Dollars ($10.00), payable upon the execution of this
Lease Agreement.
B. ADDITIONAL COMPENSATION -- (NON -RENT):
(1) Cash: In addition to the foregoing cash rent to be
paid by Lessee to Lessor, Lessee shall pay in cash to
Lessor 25 percent (25%) of the gross revenues gen-
erated by Lessee's use 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
certified statement of all items of income attributa-
ble to Lessee's use of the Demised Premises and sim-
ultaneously remit its check to Lessor in an amount
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equal to the aforesaid percentage multiplied by the
audited and certified statement for that one-year pe-
riod. All such audited and certified statements shall
be subject to confirmation by Lessor. Lessee shall
furnish all original books and records or certified
copies thereof necessary to confirm such state-
ments, upon reasonable demand by Lessor, at no
cost to Lessor.
(2) Services: In the event Lessee is engaged in the busi-
ness of solid waste disposal (whether on the De-
mised Premises or elsewhere), as additional consid-
eration for the granting of this Lease, Lessee
covenants and agrees to collect from those facilities
and installations of Lessor, as designated by Lessor's
Executive Director, transport and dispose of 0
tons/cu. yds. of Lessor's solid waste, including, but
not limited to dewatered sludge, grit, screenings re-
fuse, and other non -hazardous solid wastes, in a law-
ful manner, at Lessee's sole cost, risk, and expense.
NOTE: THE VALUE OF ADDITIONAL COMPENSATION
REQUIRED TO BE PAID FOR SERVICES PERFORMED
BY LESSEE PURSUANT TO THIS SUBPARAGRAPH E
SHALL NOT BE CONSIDERED IN DETERMINING THE
HIGHEST RESPONSIBLE BIDDER FOR LEASE AWARD
PURPOSES.
C. In addition, Lessee shall pay all administrative and legal costs in-
curred by Lessor in collecting any arrearage in rent including, but
not limited, to payment for legal work for the preparation of law-
suits 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 provi-
sions of this Lease, which shall not be paid when due, shall 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
4
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 Lessee and upon the interest of said Lessee in this Lease and in the De-
mised 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 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 Lessee from its obligation to pay the rent
as herein provided for the entire period of this Lease.
3.04 WAIVER OF COUNTERCLAIM
In the event Lessor commences any legal proceedings for non-payment of rent,
forcible detainer, or violation of any of the terms hereof, Lessee will not interpose any
counterclaim or set off of any nature or description in any such proceedings.
3.05 RIGHT OF LESSOR TO RE-ENTER DEMISED PREMISES
UPON EXPIRATION OF NOTICE
It is understood and agreed by and between the parties hereto that if 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 writing given by Lessor or its agent or attorneys to Lessee in
the manner hereinafter provided, or in case 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 sixty (60) 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 Lessor, at its election, at or after the expiration of said thirty (30) days or said
sixty (60) 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 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
5
of the property of Lessee located on the Demised Premises, whether the same shall
be exempt from execution and distress by law or not; and 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 Lessor, its successors and assigns,
a valid lien upon any and all the goods, chattels or other property of Lessee located
on the Demised Premises as security for the payment of said rent in a manner afore-
said. And if at the same time said term shall be ended at such election of Lessor, its
successors or assigns, or in any other way, Lessee for itself and its successors and
assigns, hereby covenants and agrees to surrender and deliver up said Demised Prem-
ises and property peaceably to Lessor, its successors or assigns, immediately upon
the termination of said term as aforesaid; and if Lessee or the successors or assigns
of 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 oth-
erwise, 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, 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 De-
mised 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.
And it is further understood, covenanted and agreed by the parties hereto that
all of said water rates, taxes, assessments and other impositions shall be paid by said
Lessee before they shall respectively become delinquent, and in any case within ade-
quate time to prevent any judgment, sale or forfeiture. Lessee shall submit to Lessor
proof of payment of the real estate tax applicable to the Demised Premises property
within sixty (60) days of the date said tax is due.
3.07 USE OF DEMISED PREMISES
It is understood that the Demised Premises is to be used by said Lessee for the
sole and exclusive purpose of public recreational use and to utilize the open space to
operate and maintain recreational trails, including the Centennial Trail, and for no
other purpose whatsoever.
6
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 estab-
lishments, 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 insur-
ance or other applicable insurance protection, with respect to such activities with
policy limits, form and carrier approved by Lessor and naming Lessor, its Commis-
sioners, officers, agents and employees as additional insureds, said insurance shall
provide that said policy shall not be canceled without twenty (20) days advance writ-
ten notice thereof, in addition to any insurance provided pursuant to paragraph 4.03
for which Lessor is the named insured. Hunting and the manufacture, sale, distribu-
tion, discharge, and unauthorized use of guns and firearms on the Demised 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
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 Lessor in as good condition as when said buildings or improve-
ments were constructed or placed thereon, ordinary wear and tear excepted. Lessee
agrees to remove any and all storage tanks from the Demised Premises including
aboveground and belowground storage tanks and restore the Demised Premises to
TACO Tier I Residential Standards set forth in 35 IAC 742.500 and as may be amended
prior to the expiration of the Lease. Lessee agrees to remove any and all asbestos
contained on Demised Premises, prior to the expiration of the Lease, including but
not limited to, asbestos contained in any fixture, improvements or buildings located
on the Demised Premises. At least one -hundred -twenty (120) days prior to the expi-
ration of this Lease, Lessor will determine which, if any, improvements, including, but
not limited to, buildings, bridges, storage tanks, scales, docks, pipelines, green infra-
structure, roads, and other related facilities, on the Demised Premises shall be demol-
ished and/or removed. Upon receipt of ninety (90) days advance written notice, Les-
see shall demolish and remove at Lessee's sole cost and expense the improvements
identified by Lessor. It is expressly understood that Lessor's failure to make said
determination one -hundred -twenty (120) or more days prior to the expiration of this
Lease, or provide notice herein within said ninety (90) days, shall in no way act as a
waiver of Lessee's obligation to demolish or remove such improvements at Lessee's
sole cost and expense upon receiving written notice from Lessor. Should Lessee fail
to demolish the improvements after notice, Lessor will have these improvements de-
molished and Lessee will be required to pay all costs therefor. These requirements
survive expiration or termination of this Lease Agreement.
7
3.10 FAILURE OF LESSOR TO INSIST ON PROVISIONS
NO WAIVER
Lessee covenants and agrees that if 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 Lessee, no such waiver shall release 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 Les-
sor as aforesaid; and Lessee covenants and agrees that if 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 terms spe-
cifically waived; and Lessee covenants and agrees that if Lessee violates any of the
obligations under this Lease, no waiver by Lessor of its right to take advantage of
such violation shall estop Lessor from insisting upon its strict rights in case of and as
to any subsequent violation by Lessee of the same or any other obligation; and Lessee
covenants and agrees that this provision of this Lease shall apply especially (but not
exclusively) to the right of Lessor to require prompt payment of the rent in this Lease
and that neither acceptance by Lessor of any payment of any other unpaid installment
or installments of rent, nor any endorsement or statement on any check or letter ac-
companying 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.
Lessee agrees that the various rights and remedies of 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 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
Lessor to enforce any of the terms and provisions of this Lease, shall not in any way
affect the right of Lessor to declare this Lease terminated and the term hereby created
ended, as herein provided, upon the default of Lessee, or failure of Lessee to perform
and carry out, all of the provisions in this Lease provided to be performed and carried
out by Lessee.
3.12 RIGHT TO MORTGAGE LEASEHOLD PREMISES INTEREST
A. Lessee is hereby expressly given the right at any time and from
time to time, to mortgage its leasehold interest in the Demised
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 Lessor therein and
91
the interest of Lessor in any improvements which may be placed
on the Demised Premises by Lessee; and it is further mutually cov-
enanted and agreed that the mortgagee or trustee in any such
mortgage or trust deed and the holder or owner of the indebted-
ness secured by said mortgage or trust deed shall not personally
liable upon the covenants in the Lease unless and until it or its
assignee(s) 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 record-
able release thereof issued therefor prior to the expiration of the
term of said Lease.
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 de-
posit with such Demised Premises Mortgagee the amounts neces-
sary to pay the general real estate taxes and/or special assess-
ments against the Demised Premises pursuant to Paragraph 3.06
hereof, Lessee may make such deposits directly with said Mortga-
gee, 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 es-
tablishment and annual maintenance of the required escrow de-
posits hereunder. In any event, where Lessee is required to de-
posit with the Demised Premises Mortgagee the amounts
necessary to pay the general real estate taxes and/or special as-
sessments, the same to be paid as and when the same become
due and payable, and Lessee shall cause to be delivered to Lessor
the receipted bills or photostatic copies thereof showing such pay-
ment within thirty (30) days after such receipted bills shall have
been received by Lessee.
3.13 DISCLOSURE OF LEASE TO COUNTY TAX ASSESSOR AND RECORDING OF LEASE
WITH THE RECORDER OF DEEDS
Within thirty (30) days from the effective date of this Lease, Lessee shall de-
liver to the Assessor of the County in which the Demised Premises are situated a copy
of this Lease so that said Assessor can take such steps as he determines necessary to
subject the interest of Lessee to general real estate taxation and will record this Lease
with the Recorder of Deeds of the county in which the Demised Premises are situated.
3.14 NO NUISANCE PERMITTED
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
9
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
Lessee covenants and agrees to keep the Demised Premises in a clean and san-
itary condition in accordance with all applicable laws, ordinances, statutes and regu-
lations of the county, city, village, town, or municipality (wherein the Demised Prem-
ises are located), the State of Illinois, the United States of America, and the
Metropolitan Water Reclamation District of Greater Chicago.
3.16 LESSEE SHALL ABIDE BY LAW
Lessee covenants and agrees that it 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 Greater Chicago which regulate or control the Demised
Premises, Lessee and/or Lessee's use of the Demised Premises, including the permit
requirements for site development under the District's Watershed Management Ordi-
nance.
ARTICLE FOUR
4.01 INDEMNIFICATION
Lessee for itself, its executors, administrators, successors and assigns agrees
to and does hereby expressly assume all responsibility for and agrees to defend, in-
demnify, save and keep harmless Lessor, its Commissioners, officers, agents, serv-
ants, and employees against any claim (whether or not meritorious), loss, damage,
cost or expense which Lessor, its Commissioners, officers, agents, servants and em-
ployees 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, occu-
pancy 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 Lessor growing
out of any such claim, loss, damage, cost or expense, Lessor may give written notice
of the same to Lessee, and thereafter Lessee shall attend to the defense of the same
and save and keep harmless Lessor from all expense, counsel fees, costs, liabilities,
10
disbursements, and executions in any manner growing out of, pertaining to or con-
nected therewith.
4.02 INDEMNIFICATION AGAINST MECHANICS LIENS
Lessee agrees to indemnify, save and keep harmless Lessor of and from any
claims for mechanics' liens by reason of any construction work, repairs, replacements
or other work or for any improvements made to or placed upon the Demised Premises
by or in behalf of Lessee or at Lessee's instance.
4.03 INSURANCE
A. Lessee, prior to entering upon the Demised Premises and using the same
for the purposes for which this Lease is granted, shall procure, maintain and keep in
force at Lessee's expense, public liability property damage insurance in which Lessor,
its Commissioners, officers, agents, and employees are a named insured and fire and
extended coverage and all risk property insurance in which Lessor is named as the
Loss Payee from a company to be approved by Lessor. ("CLAIMS MADE" policies are
unacceptable). Each afore -referenced policy shall have 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 Demised Premises
Prior to entering upon said Demised Premises, Lessee shall furnish to 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 expi-
ration of thirty (30) days after written notice thereof shall have been given by the
insurance company to Lessor. The provisions of this paragraph shall in no wise limit
the liability of Lessor as set forth in the provisions of 4.01 above; or
11
B. If Lessee is a self -insurer, Lessee, prior to entering upon said Demised
Premises and using the same for the purposes for which this Lease is granted, shall
prepare and transmit to the District an acknowledged statement that Lessee is a self -
insurer, and that it undertakes and promises to insure the District, its Commissioners,
officers, agents, servants and employees on account of risks and liabilities contem-
plated by the indemnity provisions of this Agreement (Article Four, paragraph 4.03)
above; and that such statement is issued in lieu of policies of insurance or certificates
of insurance in which the District, 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:
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.
This statement shall be signed by such officer or agent of Lessee having suffi-
cient knowledge of the fiscal structure and financial status of Lessee, to make such a
statement on behalf of Lessee and undertake to assume the financial risk on behalf
of Lessee and will be subject to the approval of the District. The provisions of this
paragraph shall in no wise limit the liability of Lessor as set forth in the provisions of
4.01 above.
4.04 INSURANCE ON IMPROVEMENTS
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 replace-
ment cost at Lessee's own expense at all times during the term of this Lease by an
insurance company or companies approved by Lessor. Lessor shall be a named in-
sured 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 Lessor, as additional security for the
payment of rent and the performance by Lessee of the covenants herein; said policy
or policies to be delivered to Lessor as soon as issued, provided, however, that in the
12
event of loss to or destruction of said buildings and other improvements, the insur-
ance proceeds received by Lessor in excess of the amounts then due for rent and
charges under the provisions of this Lease shall be held in trust by 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 cer-
tificates after Lessee has, at its own expense, without charge or lien upon said build-
ings or other improvements, restored, rebuilt or repaired the same to an extent that
will enable Lessor, with the insurance money 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.
4.05 FAILURE OF LESSEE TO INSURE IMPROVEMENTS
In the event 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 Lessor at its election may procure or renew such insurance and
the amount paid therefor shall be repaid by Lessee to Lessor with the rents next
thereafter falling due under this Lease, together with interest thereon at the rate of
two percent (2%) in excess of the prime rate charged by the principal bank in Chi-
cago, Illinois, to its commercial borrowers as determined on the first date of a delin-
quency from the respective dates of any such payments.
4.06 RIGHT OF LESSEE TO RECOVER PROCEEDS
It is covenanted and agreed by and between the parties hereto that Lessor
shall not be held responsible for the collection or non -collection of any of said insur-
ance money in any event but only for such insurance money as shall come into its
hands. Lessee, however, shall have the right in the name of Lessor to sue for and
recover any and all sums payable under any of said policies for losses arising there-
under provided it shall indemnify and save harmless Lessor from any costs or attor-
ney's fees in connection with any such proceeding to recover such insurance money.
However, all sums so recovered shall be paid to Lessor to be applied as herein pro-
vided.
4.07 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 Prem-
ises) Lessee shall repair, restore or rebuild the same within one year from such de-
struction or damage, and in such case the insurance money received by Lessor pur-
suant to the terms of this Lease under said policies, after deducting therefrom the
reasonable charges of 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 Lessor to the contractor or contractors
13
(employed by Lessee) upon the delivery to the Executive Director of Lessor of certif-
icates of the architects of Lessee properly endorsed by Lessee and accompanied by
waivers of lien and release for the cost and expense of repairing, restoring or rebuild-
ing said buildings or other improvements as the work of repairing, restoring, or re-
building progresses.
4.08 INSURANCE PROCEEDS DEFICIENCY
It is understood and agreed between the parties hereto that in case the insur-
ance money collected by Lessor shall not be sufficient to fully pay for the repair, res-
toration or rebuilding of said buildings and other improvements as aforesaid, then
Lessee shall be required to pay such sums of money, in addition to said insurance
money so collected by Lessor as aforesaid as may be necessary to pay for the com-
plete repair, restoration or rebuilding of said buildings and other improvements; it
being understood, however, that Lessor shall not be required to pay such insurance
money so collected until the Executive Director of Lessor is satisfied that such sum
will complete the repair, restoration and rebuilding of said buildings and other im-
provements, free of mechanics' liens for labor or material, in which event such monies
shall be paid by Lessor to the contractor or contractors employed by Lessee to com-
plete the repair, restoration or rebuilding of said buildings and other improvements,
upon delivery to the Executive Director of Lessor of certificates of the architects of
Lessee properly endorsed by 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 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.
4.09 LESSOR NOT RESPONSIBLE FOR RESTORATION OF IMPROVEMENTS
It is covenanted and agreed that 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 Lessee in any of its payments, or a breach by Lessee of
any of the covenants and agreements of this Lease before the repair, restoration, re-
placement or rebuilding of said buildings or other improvements shall be completed,
as aforesaid, then in any of said cases the insurance money collected by Lessor shall
belong absolutely to Lessor.
4.10 EXCESS INSURANCE PROCEEDS
It is understood and agreed that after the work of any such repairs, restoration,
or rebuilding by Lessee shall have been completed and paid for, any excess of insur-
ance money then remaining on deposit with Lessor shall belong to Lessee and in that
event, Lessor shall pay to Lessee the balance of said insurance money upon its written
14
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.
4.11 SECURITY DEPOSIT
Lessee as further consideration for the granting of this Lease, agrees that in
addition to the payment of any rents hereinabove required, and to further secure the
performance by it of all of the covenants herein contained, shall deposit with Lessor,
prior to its occupancy of the Demised Premises a sum of money equal ton a months
rent. Said security deposit shall be returned to Lessee upon its satisfactory perfor-
mance of all the covenants and conditions herein contained. Provided, however, in
the event of a default in the performance of any such covenant by Lessee, Lessor shall
use said security deposit to satisfy and discharge any such covenant. Any unused por-
tion of said security deposit shall be returned to Lessee upon the termination or ex-
piration of this Lease. Said security deposit shall be maintained at no less than its
initial funded balance at all times during the term of the Lease.
ARTICLE FIVE
5.01 GENERAL ENGINEERING RESERVATIONS AND REQUIREMENTS
A. Lessor has heretofore executed various agreements with govern-
mental agencies, public utility companies, private corporations and
individuals for the installation of pipelines, duct lines, sewers, ca-
bles, 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 otherwise have against Lessor on account
of the presence of such facilities on the Demised Premises as same
may affect Lessee's use and enjoyment of the Demised Premises.
B. Lessee expressly agrees that within an area delineated by a line
parallel with and 250 feet distant from the top of the edge of the
water of any waterway which traverses or is adjacent to the De-
mised Premises (Corporate Use Reserve Area) and all areas within
the Demised Premises below the lowest elevation of development
thereon as reflected in Lessee's approved development plans for the
Demised Premises, Lessor and anyone acting under its authority
shall have the right, without payment therefor, to construct, oper-
ate, maintain, repair, renew and relocate any and all pipe, sewer,
15
structure, facility power, and communications lines and appurte-
nances 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 Lessor may have in-
stalled various sewers, shafts, ducts, pipes, and other facilities
upon, over or beneath the Demised Premises. Lessor shall cooper-
ate with Lessee to ascertain, identify and locate all of Lessor's im-
provements, structures and constructions on the Demised Prem-
ises. Lessee covenants and agrees that at no time shall its use and
occupancy of the Demised Premises damage or interfere with said
facilities.
D. Lessor reserves unto itself a perpetual right, privilege, and author-
ity to construct, maintain, operate, repair and reconstruct inter-
cepting 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 Les-
see's approved development plan for the Demised Premises. 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 Executive Director of 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 unrea-
sonably interfere with Lessee's use of the Demised Premises.
It is expressly understood that no blockage or restriction of flow in
the water will be tolerated at any time. No construction or improve-
ments of any kind can project into the waterway during construc-
tion or after permanent repairs are completed.
It is further expressly understood and agreed by 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 in-
jure or damage in any way said intercepting sewer, connecting sew-
ers, drains or other structures and appurtenances located at any
time on the Demised Premises, or so as to interfere with the mainte-
nance, operation or reasonable access thereto.
E. It is expressly understood and agreed that Lessor shall not be liable
to Lessee for any loss, cost or expense which 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 equip-
ment of Lessor located on the Demised Premises, or by any other
16
work which Lessor may perform on the Demised Premises under the
terms hereof, or adjacent to the Demised Premises.
F. Lessee shall relocate or remove the improvements existing or con-
structed upon the Demised Premises, at no cost to the District in
the following instances:
(1) In the event that the Demised Premises are adjacent
to any channel or waterway, and said channel or wa-
terway is to be widened by the District or any other
governmental agency; or
(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 re-
quired for the corporate purposes of the District.
Such relocation or removal shall be commenced
within ninety (90) days after notice thereof in writ-
ing is served upon Lessee and diligently prosecuted
to the conclusion.
G. If 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 Executive Director of 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 Lessee shall
surrender possession of such part of the Demised Premises that
may be so required. Lessee also agrees, at its own cost and ex-
pense, to remove all of its equipment, structures or other works
from those portions of the Demised Premises so required, or re-
construct 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 Lessee by said Executive Director.
H. 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 Lessor to Lessee, the right to construct, recon-
struct, maintain, and operate additional force mains, intercepting
sewers, drains, outlets, pipe lines, pole lines, and appurtenances
thereto; and such other structures, buildings, apparatus, and wa-
17
ter control equipment as may be needed for the corporate pur-
poses of Lessor upon, under, and across the Demised Premises.
Any such construction shall be located as determined by the Ex-
ecutive Director of Lessor so as to cause, in his opinion, the least
interference with any equipment, or improvements, that Lessee
may then have on the Demised Premises.
I. 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 Lessor. Lessee
will make application and secure the necessary permit from the
Metropolitan 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 other water -carried wastes into any intercepting sewers.
7. It is agreed by and between the parties hereto that Lessee shall
submit to the Executive Director of Lessor for his approval, the
general plans for handling the sewerage, grading, and drainage of
the Demised Premises; and for any roadways, water supply, tele-
phone and electric service, if any, and of all improvements or any
other construction to be erected thereon, before the commence-
ment of any work thereon.
K. 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
Lessor and its duly accredited agents at all times, and for such
surveys or any other purposes as the Executive Director of Lessor
may deem necessary.
L. Any blockage or restriction of flow in the waterway will not be
tolerated at any time. No construction or improvements of any
kind can project into the waterway during construction or after
permanent repairs are contemplated.
M. Lessee shall take all necessary precautions to keep these struc-
tures, and all District structures located on the Demised Premises,
protected at all times, shall compensate Lessor in the event Les-
see, or anyone acting under Lessee's direction, causes damage of
any kind to such structures to the extent necessary to fully repair
such damage, and shall provide Lessor with uninterrupted access
to such structures at all times. Prior to performing any excavation
or other work on or near such structures, Lessee shall submit
plans detailing such work to Lessor for review and approval, and
1s
shall perform the subsequent work in conformity with the plans
so approved by Lessor in writing.
5.02 STORMWATER MANAGEMENT REQUIREMENTS
Lessee shall submit to Lessor for its review and approval written plans detailing
Lessee's plans for managing stormwater and drainage on the Demised Premises. The
approval of Lessee's stormwater management plans shall be within the sole discre-
tion of Lessor.
Lessee's plans shall provide for the separate collection of all roof water and
surface run-off from grounds and roadways; shall comply with all applicable rules,
regulations, ordinances, statutes, and laws pertaining to stormwater management,
wetlands management, and flood plains; and shall, whenever feasible, employ Best
Management Practices (BMP). BMPs may include, but are not limited to, green roofs,
natural landscaping, filter strips, rain gardens, drainage swales, and naturalized de-
tention basins. Stormwater unable to be managed by BMPs will be discharged to the
Main Channel in a manner acceptable to Lessor.
5.03 SPECIFIC ENGINEERING, DESIGN AND OPERATING
RESERVATIONS AND RESTRICTIONS.
(CLARIFICATION -- NOT LIMITATION)
In accordance with the Consent Decree and the District's Comprehensive Land Use
Policy, Lessee shall pay for and include green infrastructure on its leasehold. A "Green
Infrastructure Land -Use Policy Form for Public Leases" must be filled out completely
and signed by the authorized representatives of both Lessee and the District concur-
rent with the signing of this Lease. The form, when completed and signed, shall be
attached hereto as Exhibit "C".
The amount of green infrastructure to be provided shall be determined by what is
referred to as "Design Retention Capacity" or "DRC" as defined in the Comprehensive
Land Use Policy. Where authorized in the Comprehensive Land Use Policy, Lessee
can, and is encouraged to, design, implement, operate, and maintain green infrastruc-
ture on other lands owned by Lessee, in lieu of, or in addition to, Lessee installing
green infrastructure on its leasehold with the District. Such offsite green infrastruc-
ture is subject to the same retention standards enunciated above. The responsibility
for ongoing maintenance and operation shall be borne exclusively by Lessee, and shall
be a covenant running with the land where the off -site green infrastructure is pro-
vided for the duration of the Lease.
The District must approve in writing all green infrastructure projects under this sec-
tion before green infrastructure may count towards satisfying the obligations created
hereunder. Approval will be given at the District's sole discretion. Acceptable green
infrastructure technologies include, but are not limited to, rain gardens, native
plants/landscaping, stormwater trees, porous/permeable pavement, bio-swales,
green roofs and greenways.
19
Compliance with the minimum requirements of federal, state, or local law or regula-
tion, including the District's ordinances, regulations, or policies (other than the green
infrastructure requirements under the District's Comprehensive Land Use Policy) will
not satisfy the green infrastructure requirement that is to be provided under this sec-
tion. Accordingly, compliance with the District's Waterway Strategy and the District's
Watershed Management Ordinance ("WMO") will not count towards the green infra-
structure that is to be provided herein. For purposes of this section, the District's or-
dinances, regulations, and policies, including the WMO, shall apply to all District prop-
erties, whether located in Cook County (including the City of Chicago) or other
counties in the state of Illinois.
Lessee shall provide the District with an annual certification, due on each anniversary
of the date of this Lease, attesting that approved green infrastructure has been
properly maintained. The certification shall be made on a form prepared by the Dis-
trict. Failure to maintain approved green infrastructure, whether pertaining to the
Demised Premises or locations off -site, throughout the term of this Lease, or failure
to properly and accurately certify to the maintenance of approved green infrastruc-
ture, shall be grounds for termination of this Lease by the District. Similarly, providing
untrue or inaccurate information in the "Green Infrastructure Program" form shall
likewise be grounds for termination of this Lease by the District. The District reserves
the right to inspect the Demised Premises throughout the duration of this Lease to
verify approved green infrastructure has been properly installed and maintained. The
District further reserves the right to require Lessee to amend its green infrastructure
plan, even if previously approved by the District. Should such an amendment or sub-
sequent amendments be requested by the District, Lessee shall thereafter, within a
reasonable amount of time, install green infrastructure in conformity with the Dis-
trict's request(s).
ARTICLE SIX
PROVISIONS FOR BUILDING AND IMPROVEMENTS
6.01 CONSTRUCTION REQUIREMENT
Lessee agrees within N/A year(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 juris-
diction thereof. All plans must be approved in writing by the Executive Director of
Lessor prior to commencement of construction.
6.02 TIME OF CONSTRUCTION
Construction of the improvements shall commence within N/A year(s) of the
effective date of this Lease. All of said buildings and improvements shall be completed
20
within N/A year(s) of the effective date of the Lease. In the event said improvements
are not completed or construction is not commenced as provided above, then Lessor
may at its option terminate this Lease upon giving ninety (90) days notice, in writing,
to Lessee.
6.03 IMPROVEMENTS REVERT TO LESSOR AT
LEASE TERMINATION OR EXPIRATION
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 Lessee to 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 prop-
erty of Lessor and no compensation therefor shall be allowed or paid to 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 Lessor to 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 Lessee at:
Village of Lemont
Attn:
Address:
IL 60
T: I F:
E:
or to Lessor at: Metropolitan Water Reclamation District
of Greater Chicago
100 East Erie Street
Chicago, Illinois 60611
Attn: Executive Director
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.
21
7.02 RIGHT TO DECLARE LEASE TERMINATED
It is understood and agreed by Lessee that neither the right given in this Lease
to 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 Lessor to declare this Lease terminated and the term hereby created ended
as above provided, upon default of or failure by Lessee to perform and carry out any
of the provisions of this Lease, as herein provided, after
notices as aforesaid. And Lessee, for itself and its assigns, hereby waives its right to
any notice from 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 Lessee
arising from a default by or failure of it to carry out and perform any of the covenants
herein contained, Lessor shall not be obligated to refund to Lessee any sums of money
paid by Lessee to Lessor as rentals under the terms of this Lease, and such sums of
money shall be retained by Lessor as liquidated damages, but this provision shall not
operate to relieve Lessee of its obligation to pay to Lessor the balance of the rental
then due 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 repos-
session by Lessor following abandonment by Lessee shall not constitute a waiver of
any rights of Lessor and shall not be construed as a termination of the Lease. 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 exe-
cution 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.
22
7.06 NO ASSIGNMENT OR SUBLEASE
It is agreed by and between the parties that 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 Les-
sor.
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 documen-
tation 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 assignee/sublessee does not conform
with the terms of this Lease or policies established by Lessor.
B. The proposed assignee/sublessee does not have either substan-
tial experience in the business provided for in the Lease or the
financial resources to comply with the requirements of the Lease.
C. There is an existing violation of or uncured default by Lessee with
respect to the Lease.
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 other-
wise herein required to be paid by or performed by Lessee, Lessee will pay to Lessor,
as additional compensation hereunder in the event Lessee assigns this Lease or sub-
lets all or part of the Demised Premises, fifty percent (50%) of all value it receives
from its assignee/sub lessee 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 cur-
rently paying with respect to the subleased portion of the leasehold or the leasehold
as a tract, if assigned.
The value of additional services to be performed by Lessee, sub lessee or as-
signee 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 Lessee.
23
Any attempted sublease or assignment not in compliance with this section shall
be void and without force and effect. Additionally, Lessor shall retain 100% of all
sublease fees received by Lessor under any unauthorized sublease.
ARTICLE EIGHT
MISCELLANEOUS PROVISIONS
8.01 LESSEE MAY IMPLEAD THE METROPOLITAN WATER RECLAMATION
DISTRICT IN REAL ESTATE LITIGATION
Lessee may, after notice in writing to Lessor, implead 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 PAY ALL COSTS OF ENFORCEMENT
Lessee agrees to pay and discharge all costs and reasonable attorney's fees
and expenses, which Lessor shall incur in enforcing the covenants of this Lease.
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 regu-
lated by Lessor or in which Lessor asserts property rights, Lessee shall to the extent
applicable, comply with the Waterway Strategy Resolution and Implementation Cri-
teria therefor, the River Edge Renaissance Program and the Revised Leasing Criteria
for the North Shore Channel Right -of -Way Lands of 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 Lessee for the purpose of waterborne commerce. However, 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 Lessor to maintain, where possible, a "natural" appearance
to its properties by retaining existing vegetative cover. However, Lessor recognizes
that site development will sometimes necessitate the removal of existing vegetative
cover. In those cases Lessor will require Lessee to re-establish vegetative cover in the
24
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.
Lessor reserves the right to traverse the Demised Premises to access the waterway
which abuts the Demised Premises.
Lessor's Board of Commissioners has heretofore adopted its Waterway Strat-
egy Resolution relating to the development of leased waterways property. Lessee
shall implement the beautification plan described in the attached Exhibit "D". 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 Executive Director 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 on the Demised Premises,
tastefully designed and constructed permanent signs which acknowledge the coop-
eration and support of Lessor in connection with Lessee's use of the Demised Prem-
ises. The style, text and size of the sign(s) shall be approved in advance of erection
thereof by the Executive Director of Lessor, and shall, at a minimum, state that:
"THIS FACILITY IS PROVIDED IN PART AS A COMMUNITY SERVICE WITH THE COOP-
ERATION AND SUPPORT OF THE METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO."
8.06 TREE MITIGATION
A. No alterations, construction or maintenance work upon the Demised
Premises involving any material change in the location, installation or
construction of facilities, or involving the removal of any trees on Dis-
trict property, shall be performed by any person or municipality with-
out having first obtained District approval. However, Lessee may con-
duct routine trimming of trees, brush or other overgrown vegetation to
the extent it interferes with the safety or proper functioning of any im-
provements.
B. If the proper maintenance and operation of facilities or improvements
on the Demised Premises necessitates the removal of any trees on Dis-
trict property, Lessee shall give no less than 14-day written notice, ex-
clusive of Saturdays, Sundays and holidays, of its intent to remove any
trees on the Demised Premises, setting forth the number, location and
species of trees to be removed.
25
C. Lessee shall submit to the District a plan to replace any trees removed
that provides for planting the same or greater number and quality of
trees on the Demised Premises, or on alternate areas owned by the
District as designated and approved in writing by the District.
D. Lessee is responsible for obtaining any local permits necessary for tree
removal.
ARTICLE NINE
LEASEHOLDS WITH EXISTING IMPROVEMENTS
9.01 LESSEE WILL NOT ALLOW WASTE TO IMPROVEMENTS
Lessee will keep the leasehold improvements safe, clean and in good order,
repair and condition which shall include all necessary replacement, repair and deco-
rating. 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 Lessor has made no representations, war-
ranties express or implied, as to the adequacy, fitness or condition of Demised Prem-
ises 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 im-
plied by 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 condi-
tion thereof.
9.03 MODIFICATION OF IMPROVEMENTS
No modification of the leasehold improvements shall be made by Lessee with-
out the prior written approval of Lessor and compliance by Lessee with all other terms
of this Agreement.
9.04 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 Sur-
veyor, 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 Lessor's Ex-
ecutive Director in writing. Failure to timely procure and receive approval of said plat
26
of survey and legal description shall be grounds for immediate termination of this
Lease. Lessor reserves the right and Lessee concurs that Lessor shall insert said legal
description and plat of survey into this Lease Agreement as Exhibit "A", upon the ap-
proval thereof by District's Executive Director, without further affirmative act by ei-
ther party hereto.
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 govern-
ment agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, state and political subdivi-
sions thereof and all applicable judicial, administrative, and regu-
latory 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 notification, warning, reporting, licens-
ing, 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 em-
ployees or the public from exposure to Hazardous
Materials or injuries or harm associated therewith;
and
(3) the Comprehensive Environmental Response, Com-
pensation and Liability Act (Superfund or CERCLA)
(42 U.S.C. Sec. 9601 et se .), the Resource Conser-
vation and Recovery Act (Solid Waste Disposal Act or
RCRA)(42 U.S.C. Sec. 6901 et M.), Clean Air Act (42
U.S.C. Sec 7401 et gN.), 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 seg.), the
Toxic Substances Control Act (15 U.S.C. Sec, 2601 et
the National Environmental Policy Act (42
27
U.S.C. Sec. 4321 et M.), the Rivers and Harbors Act
of 1988 (33 U.S.C. Sec. 401 et M.), the Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et M.), the
Safe Drinking Water Act (42 U.S.C. Sec. 300(f) et
M., the Illinois Environmental Protection Act (415
ILCS 5/1 et sea.) and all rules, regulations and guid-
ance documents promulgated or published thereun-
der, Occupational Safety and Health Act (29 U.S.C.
Sec. 651 et M.) and all similar state, local and mu-
nicipal laws relating to public health, safety or the
environment.
B. ""Hazardous Materials" shall mean:
(1) any and all asbestos, natural gas, synthetic gas, liq-
uefied natural gas, gasoline, diesel fuel, petroleum,
petroleum products, petroleum hydrocarbons, petro-
leum by-products, petroleum derivatives, crude oil
and any fraction of it, polychlorinated biphenyls
(PCBs), trichloroethylene, urea formaldehyde 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) re-
quires investigation or remediation under any fed-
eral, state or local statute, regulation, ordinance, or-
der, action, policy or common law;
(3) any substance (whether solid, liquid or gaseous in
nature) which is toxic, explosive, corrosive, flamma-
ble, infectious, radioactive, carcinogenic, mutagenic,
or otherwise hazardous 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;
(5) any substance (whether solid, liquid or gaseous in
nature) the presence in of which on adjacent prop-
erties 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 sub-
stances," "hazardous waste," "infectious waste,"
"medical waste," "extremely hazardous waste,"
"hazardous materials," "toxic chemicals," "toxic sub-
stances," "toxic waste," "toxic materials," "contami-
nants," "pollutants," "carcinogens," "reproductive
toxicants," or any variant or similar designations;
(7) any other substance (whether solid, liquid or gase-
ous in nature) which is now or hereafter regulated or
controlled under any Environmental Laws (without
regard to the action levels, concentrations or quan-
tity thresholds specified herein); or
(8) any result of the mixing or addition of any of the sub-
stances described in this Subsection B with or to
other materials.
C. "Phase I Environmental Assessment" shall mean:
(1) an assessment of the Demised Premises performed
by an independent and duly qualified, licensed engi-
neer with experience and expertise in conducting
environmental 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 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 enforcement history (by re-
view of regulatory agency records), a site reconnais-
sance and physical survey, inspection of Demised
Premises, site interviews and site history evalua-
tions, basic engineering analyses of the risks to hu-
man health and the environment of any areas of
identified concerns, and preparation of a written re-
port which discusses history, site land use, apparent
regulatory compliance or lack thereof and which in-
cludes 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:
29
(1) an assessment of the Demised Premises performed
by an independent and duly qualified, licensed engi-
neer with experience and expertise in conducting
environmental 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 bor-
ing logs, photograph logs, maps, investigative proce-
dures, results, conclusions and recommendations.
10.02 MANUFACTURE, USE, STORAGE, TRANSFER OR DISTRIBUTION OF
HAZARDOUS MATERIALS UPON OR WITHIN THE DEMISED PREMISES
Lessee, for itself, its heirs, executors, administrators, 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 Envi-
ronmental 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 Executive
Director of the District.
10.03 USE OF DEMISED PREMISES (RESTRICTIONS - ENVIRONMENTAL)
Lessee shall use the Demised Premises only for purposes expressly authorized
by Article 3.07 of this Lease. Lessee will not do or permit any act that may impair the
value of the Demised Premises or any part thereof or that could materially increase
the dangers, or pose an unreasonable risk of harm, to the health 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 De-
mised Premises to become a hazardous waste treatment, storage, 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 sea. 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 Prem-
ises 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 sea. of Title 42 of the United States Code, or any similar state
30
law or local ordinance or any other Environmental Law or (iii) so as to cause a dis-
charge 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 PROPERTY (ENVIRONMENTAL)
(1) In the event Lessee has been the prior occupant/ten-
ant of the Demised Premises under a prior occu-
pancy/use authorization, Lessee warrants and rep-
resents that the Demised Premises and
improvements thereon, including all personal prop-
erty, are free from contamination by any Hazardous
Materials, that there has not been thereon a release,
discharge, or emission, of any Hazardous Materials
during its occupancy of the Demised Premises as de-
fined by any Environmental Laws, and that the De-
mised Premises does not contain, or is not affected
by underground storage tanks, landfills, land dis-
posal sites, or dumps. *(This provision is applicable
only to tenants seeking a new lease for the same
property).
(2) In the event of a release, emission, discharge, or dis-
posal of Hazardous Materials in, on, under, or about
the Demised Premises or the improvements thereon,
Lessee will take all appropriate response action, in-
cluding any removal and remedial action, either be-
fore or after the execution date of this Lease.
10.05 INDEMNIFICATION (ENVIRONMENTAL)
A. In consideration of the execution and delivery of this Lease Agree-
ment, Lessee indemnifies, exonerates, and holds Lessor and its
officers, officials, Commissioners, employees, and agents ("In-
demnified 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 attorney's fees, costs and disbursements, incurred by
the Indemnified Parties as a result of or 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 ac-
tivities, or (ii) any investigation, litigation, or proceeding related
31
to any environmental response, audit, compliance, or other mat-
ter relating to the protection of the environment, or (iii) the re-
lease or threatened release by Lessee, its subsidiaries, or its par-
ent company, of any Hazardous Materials, or the presence of
Hazardous Materials on or under the Demised Premises, or any
property to which Lessee, its parent company or any of its subsid-
iaries has sent Hazardous Materials, (including any losses, liabili-
ties, damages, injuries, costs, expenses, or claims asserted or
arising under any Environmental Law), regardless of whether
caused by or within the control of 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 un-
der this indemnity shall be without regard to fault on the part of
Lessee with respect to the violation of law which results in liability
to Lessor.
B. Lessee shall defend, indemnify, save and keep harmless the In-
demnified 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 loss 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 com-
menced against one or more of the Indemnified Parties growing
out of any such loss, damage, cost or expense, Lessee shall give
immediate written notice of the same to 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, dis-
bursements and liabilities in any manner growing out of, pertain-
ing to or connected therewith.
C. Lessee shall be responsible for all costs for remediation of the
Demised Premises for contamination that migrates from adja-
cent property during the term of the Lease but Lessor may seek
recovery from any responsible third party.
10.06 ENVIRONMENTAL COVENANTS
Lessee agrees to and covenants as follows:
A. It has no knowledge of any pending or threatened:
32
(1) claims, complaints, notices, or requests for infor-
mation directed to Lessee with respect to any al-
leged violation of any Environmental Laws, or
(2) complaints, notices, or requests for information di-
rected 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 Environ-
mental Laws.
C. Lessee has been issued and is in compliance with all permits, cer-
tificates, 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 responsi-
ble party with respect to any other facility receiving waste of Les-
see (from the Demised Premises) under CERCLA or under any stat-
ute 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 govern-
ment 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 vio-
lation of any Environmental Laws. There will be no spill, discharge,
leaks, emission, injection, escape, dumping, or release of any
toxic or Hazardous Materials by any persons on the Demised
Premises.
G. Except as disclosed on Attachment D hereto, Lessee and its parent
company, if any, have not received from any government entity
since 1980, any written complaint or written notice asserting po-
tential liability, written request for information, or written request
to investigate any site under the CERCLA of 1980, as amended, or
33
under any domestic state law comparable to CERCLA or any for-
eign law comparable to CERCLA.
H. Lessee, to the best of its knowledge after due inquiry, since No-
vember 15, 1971, represents that there has not been any dis-
charging, spilling, leaking, dumping, or burying of hazardous sub-
stances, 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 writ-
ten claim by any government entity seeking to impose liability for
remedial action under CERCLA or RCRA *(This provision applica-
ble only to occupants/tenants seeking a new lease for the same
property).
I. 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, electromag-
nets and cable, containing PCBs.
I Within 60 days after execution of the Lease, Lessee shall prepare
and submit a general statement to Lessor of its 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 Lessor on 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. 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
(L), renovation shall be deemed significant when the total cost
exceeds $10,000.00.
M. To the event Lessee installs new underground utilities at the De-
mised Premises, Lessee shall be responsible to install "plugs" of
compacted impermeable soil material at intervals of no greater
than 100 feet between such plugs along utility trenches which
have been backfilled with compacted granular materials in order
to minimize cross -site and off -site environmental contaminant
migration. The spacing of these plugs should be based on the
34
characteristics of the site, the configuration of the trench or
trenches, the characteristics (nature and extent) of the site envi-
ronmental contamination, and/or the potential for site contami-
nation should a surface of subsurface chemical release occur. Spe-
cial emphasis should be placed on locating these plugs at all utility
trenches where they cross: other utility trenches, containment
berms or walls, property boundaries, and lease boundaries.
N. The aforesaid representations and warranties shall survive the ex-
piration or termination of the Lease.
10.07 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 listed or proposed for listing on the Na-
tional Priorities List pursuant to Section 1.05 of 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 have liability for underground storage
tanks, active or abandoned, including petroleum storage tanks, on
or under the Demised Premises, including any release of Hazard-
ous Materials therefrom, that, singly or in the aggregate, have or
may reasonably be expected to have a material adverse effect on
the financial condition, operations, assets or business, properties
or prospects of Lessee or its parent company.
C. Lessee is determined to have liability for polychlorinated biphen-
yls (PCBs) that require immediate remediation or cleanup or fria-
ble 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 ex-
pected to have a material adverse effect on the financial condi-
tion, operations, assets, business, properties, or prospects of Les-
see, or its parent company.
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, or its parent company.
35
10.08 COVENANTS (ENVIRONMENTAL)
Lessee shall cause its parent company and each of its respective subsidiaries,
contractors, subcontractors, employees and agents to:
A. (1) Use and operate all of the Demised Premises in com-
pliance with all applicable Environmental Laws, keep
all material permits, approvals, certificates, and li-
censes 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;
(3) Provide notice to 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 "dis-
posal 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 the release of Haz-
ardous 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 within 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 re-
ceived from the government regulators.
C. Provide such information that Lessor may reasonably request
from time to time to determine compliance by Lessee with this
Article.
D. Lessee covenants and agrees to cooperate with Lessor in any in-
spection, assessment, monitoring or remediation instituted by
Lessor during the Lease term and to allow prospective tenants or
purchasers reasonable access to the Demised Premises one year
prior to the expiration of the Lease.
36
10.09 COMPLIANCE (ENVIRONMENTAL)
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 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 As-
sessment shall be submitted to Lessor within 120 days of Lessor's
request for same. If the Phase II Assessment discloses the pres-
ence of any Hazardous Materials contamination on the Demised
Premises or adjacent property, Lessee shall take immediate action
to remediate the contamination and to restore the Demised Prem-
ises 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 re-
spect to the Demised Premises at any other time.
B. Lessee agrees to implement its own building maintenance and op-
erations 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 para-
graph A of this Article, Lessor shall have the right, but is not re-
quired to cause an independent environmental consultant, chosen
by Lessor at its sole discretion, to inspect, assess and test the De-
mised Premises for the existence of any and all environmental
conditions and any and all violations of Environmental Laws (En-
vironmental Assessment). The scope, sequence and timing of the
Environmental Assessment shall be at the sole discretion of Les-
sor.
E. If any Environmental Assessment reveals, or Lessor otherwise be-
comes aware of, the existence of any violation of any Environmen-
tal Laws that either Lessee is unwilling to remediate or that Lessor
37
is unwilling to accept, Lessee shall be in default under this Lease
and Lessor shall have the right and option to terminate this Agree-
ment and to declare it null and void.
F. Not less than one (1) year prior to the expiration of the Lease,
Lessee shall have caused to be prepared and submitted to Lessor
a written report of a site assessment in scope, form and sub-
stance, and prepared by an independent, competent and qualified
professional and engineer, registered in the State of Illinois, sat-
isfactory to 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 improve-
ments thereon do not contain: (i) asbestos in any
form; (ii) urea formaldehyde; (iii) items, articles, con-
tainers, or equipment which contain fluid containing
polychlorinated biphenyls (PCBs); or (iv) underground
storage tanks which do not comply with Environmen-
tal Laws;
(3) The engineer has identified, and then describes, any
Hazardous Materials utilized or maintained on the De-
mised Premises, the exposure to which is prohibited,
limited, or regulated by any Environmental Laws;
(4) If any Hazardous Materials were utilized and main-
tained on the Demised Premises, the engineer has
conducted and submitted a Phase II Environmental
Assessment of the Demised Premises, which docu-
ments 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 in-
vestigation, inquiry, or proceeding concerning envi-
ronmental matters by any federal, state, county, re-
gional or local authority, (the "Authorities"), and
describes any submission by Lessee concerning said
environmental matter which it intends to give, has
been given or should be given with regard to the De-
mised Premises to the Authorities; and
38
(6) The engineer includes copies of the submissions made
pursuant to the requirements of Title III of the Super -
fund Amendments and Reauthorization Act of 1986,
(SARA) Section 11001 et sea. of Title 42 of the United
States Code.
G. In the event Lessee should receive a Notice of Environmental
Problem, Lessee shall promptly provide a copy to Lessor, and in
no event later than seventy-two (72) hours from Lessee's 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: (i) Lessee has violated,
or is about to violate, any Environmental 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) Les-
see 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 im-
provements thereon is subject to a lien in favor of any govern-
mental entity for any liability, costs, or damages, under any Envi-
ronmental Laws, arising from or costs incurred by such
government entity in response to a release of a Hazardous Mate-
rial.
10.10 INSPECTION AND RIGHT OF INSPECTION (ENVIRONMENTAL)
A. In the event Lessee receives a Notice of Environmental Problem
as defined in Paragraph 10.10G, Lessee shall, within ninety (90)
days, submit to Lessor a written report in scope, form and sub-
stance, and prepared by an independent, competent and qualified,
professional, registered engineer, satisfactory to Lessor, showing
that the engineer made all appropriate inquiry consistent with
good commercial and customary practice, such that consistent
with generally accepted engineering practice and procedure, indi-
cating 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 ac-
tion, and which describes the Demised Premises compliance with,
or lack thereof, and with all applicable Environmental Laws or cer-
tificates required thereunder, and Lessee's compliance with the
representations and warranties previously set forth in this Lease.
After review of the written report, 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
39
and authorization to enter upon and inspect the Demised Prem-
ises 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 Lessor, in its sole discre-
tion, determines is necessary to protect its interests.
[REMAINDER INTENTIONALLY LEFT BLANK]
40
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 Lessee has caused
this instrument to be executed in triplicate by its President and attested by its Sec-
retary and its corporate seal to be hereunto affixed all the day and year first above
written.
METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
By:
Marcelino &9@a
Chairman of Committee on Finance
ATTEST:
cqu ine Torres, Clerk
VILLAGE OF LEMONT
W-,�! n5l
Title:yl 1 I01
ATTEST
Title: Y IH on t 0'kk
Q►Sf. OF
N �-
o
� -SEAL z
-4 41
�41INo%S
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, / /lI L Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Marcelino Garcia personally
known to me to be the Chairman of the Committee on Finance of the Board of Com-
missioners of the Metropolitan Water Reclamation District of Greater Chicago, a body
corporate and politic, and Jacqueline Torres, personally known to me to be the Clerk
of said body corporate and politic, 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 body
corporate and politic, and caused the corporate seal of said body corporate and politic
to be affixed thereto, pursuant to authority given by the Board of Commissioners of
said body corporate and politic, as their free and voluntary act and as the free and
voluntary act and deed of said body corporate and politic, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this % day of ,
A.D. 20 �_p_ .
My Commission expires:
Notary Public
" MICHELLE M VAL.DEZ
OFFICIAL SEAL
t
:3
Notary Public, Stato of Illinois
My Comrn ;slon Ex�>ires
May 22, 2()22
42
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for said County, in the State aforesa-
id, DOES HEREBY CERTIFY
(Name)
personally known to me to be the e, le -�- of
(Title)
In 0e, a Lao a municipal corporation,
(Village/Town/City)
and , IPA na l i.e In , personally known to me to
nn(Name)
be the 0,12 K. of said municipal
(Title)
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 I I
(Title)
andof said municipal corporation,
(Title)
duly executed said instrument on 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 S� day of,A.D.
20 Z 1 .
My Commission expires:
kx=or
Notary Public
i_iZA K. MOLITOR
43 OFFICIAL SEAL
Notary Public - State of Illinois
IMY Commission Expires Jan 04, 2024
. %I,.
APPROVED AS TO FORM AND LEGALITY:
nt Attorney
nsel
APPROVED:
Executive Director
44
RECEIVED:
Fee*j�
Insurance ,- ,'r�
Bond ,
BOUNDARY SURVEY
OF
THAT PART OF SECTION 25 AND SECTION 26 !N TOWNSHIP 37 NORTH, RANGE !0 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS =OLLOWS:
COMMENCING AT THE SOUTHWEST CORNER. OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 35, TOWNSHIP 37
NORTH, RANGE 'IC EAST OF Till TURD PRINCIPAL MERIDIAN; TIICNCE NORTH 88 DEGREES 04 MINUTES 20
SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF SECTION 35, 491.84 FEET;
THENCE NORTH 01 DEGREE 54 MINUTES 14 SECONDS WEST 40.01 FEET TO THE SOUTHWEST CORNER OF THE
LANDS CONVEYED TO THE VILLAGE OF P.OMEOVILLE BY QUIT CLAIM DEED, ACCORDING TO DOCUMENT NUMBER
R96-036782: THENCE ALONG THE BOUNDARY OF SAID LANDS CONVEYED THE FOLLOWING COURSES AND DISTANCES:
NORTH 83 DEGREES 53 MINUTES 24 SECONDS EAST 274.34 FEET; NORTH 1C DEGREES, 47 MINUTES 36 SECONDS
EAST 262.06 FEET; NORTH 04 DEGREES 34 MINUTES 02 SECONDS EAST 193.83 FEET: NORTH 85 DEGREES 25
MINUTES 58 SECONDS WEST 5.00 FEET: NORTH 04 DEGREES 34 MINUTES 02 SECONDS EAST 315.14 FEET; SOUTH
85 DEGREES 25 MINUTES 58 SECONDS EAST 5.00 FEET; NORTH 04 DEGREES 34 MINUTES 02 SECONDS EAST 175.00
FEET; AND SOUTH 85 DEGREES 25 MINUTES 58 SECONDS EAST 30.00 FEET TO A POINT ON THE SOUTHEASTERLY
BOUNDARY OF A 30-FOOT WIDE STRIP OF LAND, KNOWN AS CENTENNIAL TRAIL; THENCE NORTH 04 DEGREES 34
MINUTES 02 SECONDS EAST ALONG SAID SOUTHEASTERL'( BOUNDARY 62.15 FEET TO THE START OF A CURVE,
CONCAVE SOUTHFASTFPI" AND HAVING A RADIUS OF 10865.00 FFFT: THFNCF NORTHFASTFRIY 4507.77 FFFT
ALONG SAID CURVE AND SAID SOUTHEASTERLY BOUNDARY, THE CHORD OF WHICH BEARS NORTH 16 DEGREES 27
MINUTES 11 SECONDS EAST 4475.51 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26
AND THE POIN1" OF BEGINNING:
THENCE CONTINUING ALONG SAID CURVE AND SAID SOUTHEASTERLY BOUNDARY 2565.84 FEET, THE CHORD OF
WHICH BEARS (NORTH 35 DECREES 06 MINUTES 14 SECONDS EAST 2559.88 FEET; THENCE NORTH 41 DECREES 52
MINUTES 00 SECONDS EAST ALONG SAID SOUTHEASTERLY BOUNDARY 223.41 FEET TO THE START OF A CURVE,
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 8875.00 FEET: THENCE NORTHEASTERLY 755.52 FEET ALONG
SAID CURVE AND SAID SOUTHEASTERLY BOUNDARY, THE CHORD OF WHICH BEARS NORTH 44 DEGREES 18 MINUTES
20 SECONDS EAST 75529 FEET; THENCE NORTH 46 DEGREES 44 MINUTES 39 SECONDS EAST ALONG SAID
SOUTHEASTERLY BOUNDARY 147.63 FEET TO THE START OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 13085.00 FEET, THENCE NORTHEASTERLY 1176.46 FEET ALONG SAID CURVE AND SAID SOUTHEASTERLY
BOUNDARY, THE CHORD OF WHICH BEARS NORTH 49 DEGREES 19 MINUTES 12- SECONDS EAST 1176.06 FEET TO THE
START OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A. RADIUS OF 15815.00 FEET; THENCE NORTHEASTERLY
1963.51 FEET ALONG SAID CURVE AND SAID SOUTHEASTERLY BOUNDARY, THE CHORD OF WHICH BEARS NORTH 55
DFGP,FFS 27 MINUTES 09 SECONDS FAST 1962.25 TO THE START OF A CURVF, CONCAVE SOUTHFASTFRIY AND
HAVING A RADIUS OF 5375.00 FEET: THENCE NORTHEASTERLY 398.94 FEET ALONG SAID CURVE AND SAID
SOUTHEASTERLY BOUNDARY, THE CHORD OF WHICH BEARS NORTH 61 DEGREES 08 MINUTES 08 SECONDS EAST
398.85 FEET; THENCE SOUTH 23 DEGREES 50 MINUTES 21 SECONDS EAST 768.98 FEET TC THE FACE OF WALL OF
IHE CHICAGO SANIIARY AND SHIPPING CANAL ALSO BEING IHL SIARI OF A. CURVE, CONCAVE SOUIHLASIERLY AND
HAVING A RADIUS OF 13423.71 FEET; THENCE SOUTHWESTERLY 865.50 FEET ALONG SAID CURVE AND SAID FACE OF
WALL, THE CHORD OF WHICH BEARS SOUTH 64 DEGREES 31 MINUTES 20 SECONDS WEST 865.35 =EET TO THE
START OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 9552.88 FEET; THENCE SOUTHWESTERLY
2208.20 FEET ALONG SAID CURVE AND SAID FACE OF WALL, THE CHORD OF WHICH BEARS SOUTH 55 DEGREES 32
MINUTES 11 SECONDS WEST 22C3.29 FEET TO THE START OF A CURVE, CONCAVE SOUTHEASTERL" AND HAVING A
RADIUS OF 9768.15 FEET; THENCE SOUTHWESTERLY 2145.49 FEET ALONG SAID CURVE AND SAID FACE OF WALL,
THE CHORD OF WHICH BEARS SOUTH 42 DEGREES 35 MINUTES 52 SECONDS WEST 2141.18 FEET TO THE START OF
A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 9914.54 FEET; THENCE SOUTHWESTERLY 1242.00
FEET ALONG SAID CURVE AND SAID FACE OF WALL, THE CHORD OF WHICH BEARS SOUTH 32 DEGREES 26 MINUTES
00 SECONDS WEST 1241.19 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE
SOUTH 87 CFGRFES 50 MINUTES 50 SECONDS WEST 338.00 FFFT AIONC SAID SOUTH IINF TO THE SOUTHWEST
CORNER. OF SAID SOUTHEAST QUARTER; THENCE SOUTH 87 DEGREES 38 MINUTES 57 SECCNDS WEST 374.31 FEET
TO THE POINT OF BEGINNING, IN WILL COUNTY ILLINOIS.
CONTAINING AN AREA OF 4,304,439 SQUARE FEET DR 98.816 ACRES, MORE OR LESS
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GRAPHIC SCALE
( IN FEET)
inch - 600 it,
FOUND IRON R00
C,26' N & ON I'N� -•�'S.
In V'
tlr�
U�25
S' v�ao N=1822055.2284
'27z� ..- E=1064495.4001 ASPHALI BIKLPAIH 5,19' NWLY
'r_J�SS N=1821862.6878
E=1D64146.1013 - S -r WALL 1.8(' NWLY,
CATE 1
N=1620749.9171-- '.,� OUTSIDE EDGE OF CONC. WALL
E=1062529.6837
� WALL FACE 1.2' SELY
- GATE
E=1064806,1964
N=1820979.6200
N=1819983.3211E=1064025,0000
E=1061638.0049 GATE �� 2' WIDE CONIC. WALL
N=1819882.1565---
E=1061530.4859 ., ,�, 10' WIDE ASPHALT RIKFPATH
GATE
SOUTHWEST EDGE OF -
DES PLAINES RIVER, - - -- - - -
CO,
N=1819341.6519 --- y
E=1061002.9276 -N 1819732.8200
�y E=1062208.4200
N = 1819175.2784------ _ -----
E=1060853.8240
FACE OF WALL OF THE CHICAGO
SANITARY AND SHIPPING CANAL
CONC. PAD E=1060759.1700 •-
WALL 9.62NWLY
-- N=1817109.0664
SOUTH LINE OF / E=1060093.4951
SECTION 26
li 4t •'
14 l
FOUND IRON ROC _ WALL `AGL U.U'o' NWLY
R6T' W & ON LINE=v�" OUTSIDE EDGE OF CONC. WALL
POINT OF BEGINNING \ FOUND IRON ROD AT CORNER
N=1817081.0149
E=1059381.7328 �- N=1817096.3690
r E=1059755.7310 `''"'FRS ND��:
1.ALL CIMENSIQNS ARE GIVEN IN FEET AND DECIMAL FARTS THEREOF,
SOUTHEASTERLY _ 2COMPARE DEED DESCRIPTION AND SITE CONDIRONS WTI THE DATA SHOWN HEREON AND
REPORT ANY DISCP.EPANCIES AT ONCE.
BOUNDARY OF DIMENSION5 SHALL BE DERIVED FROM SCALED MEASUREMENT.
CENTENNIAL TRAIL 4.OJLf THOSE BUILDING SETBACK LINES AND EASEMENTS WHICH ARE SHOWN ON THE
RECORDED PLAT OF SUBDIVISION ARE SHOWN HEREON, UNLESS INDICATED OTHER.5E. REFER
TO DEED, TITLE INSURANCE POUCY AND LOCAL ORDINANCES FOR OTHER RESTRICTIONS WHICH
LEGEND / MAY OR MAY NOT EXIST.
w BUFFALO BOX 5 LEGAL DESCRIPTION CREATED BY LAND SURVEYOR, SEE SURVEYOR'S NOTE S.
CLEANCUT / - I.SEA A
USIA INGS BAASSOSEDNGS ON BASIS HERE ILLIN015 STATE PLANE COORDINATES, EAST ZONE. CPS
WATER VALVE VAULT / - DERIVED.
2GISTANCES ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED
STORM CATCH BASIN � _ 3.THIS SURVEY WAS PERFORMED ON THE GROUND AND COMPLETED MAY 29, 2010.
STORM ty / - 4 ONLY THE IMPROVEMENTS THAT WERE VISIBLE FROM ABOVE GROUND AT TIME OF SURVEY
STORM INLET AND THROUGH A NORMAL SEARCH AND WALK THROUGH OF THE SITE ARE SHOWN ON THE
FACE OF THIS PLAT. LAWN SPRINKLER 11v -S, IF ANY, ARE NOT SHOWN ON THIS SURVEY.
S.SUPFA,
E INDICATIONS OF UTIUTIES ON THE SURVEYED PARCEL HAVE BEEN SHOWN
MANHOLE / _ UNDERGROUND AND OFFSITE OBSERVATIONS HAVE NOT SEEN MADE TO DETERMINE THE
E$TENT OF IVATE
TRFF W/ S17' RECORDS HAVE UTILITIES
BEEN SEARCHED E�TING I DTO PROVIDE ADDITIONAL INrORIMATHE PROPERTY PUBLIC �ON/ OVEDOR R
1F " ICAO
LIGHT POLE / FUNCTION AND DIMENSIONS') POLIES HAVE NOT BEEN NOTED.
W BEEN DOWN, HOWC VCR THEIR
THAN VISIBLE
BOLLARDS I REGARDING THE ACTUAL PRESENCE NOR ASSENCEPOF rA.NY SERVICE EORUTILT ES NO STATEMENT
r CONTROLLED UNDERGROUND EXPLORATORY EFFORT TOGETHER NTH :.U.L.I.E. LOCATIONS IS
FIRE HYDRANTS J RECOMMENDED TO DETERMINE THE FULL EXTENT OF UNDERGROUND SERVICE AND UTILITY
UTILITY POLO + LINES. CONTACT J.U.L.I.E. AT: 1-000-892-0123.
7.PROPEP.TY NOT MONUMENTED AT CLIENT'S REQUEST.
jrJI 8. SECTIONAL BREAKDOWTJ, PARCEL BOUNDARIES AIJD LEGAL DESCRIPTION BASED UPON
\ HAND HOLE f MONUMENTATION FOUND IN THE FIELD AND INFORMATION OBTAINED IN THE PLAT BOOK OF
(III! THE MICNIGA. CANAL SURVEY, WILL COUNTY. DOCUMENT R95-031830 AND IN ANNEXATION
CAS VALVE AGREEMENT AMENDMENT, DOCUMENT R2015100503 AMC IN QUIT CLAIM DEED. DOCUMENT
STREET SIGN rj R201A001374.
CONCREIE PAVEMENT I
STATE OF III ; SS
BITUMINOUS PAVEMENT CJ (K) COUNTY Or COOK
GRAVEL PAVEMENT `-' WE, KNIGHT E/A., INC., ILLINOIS PROFESSIONAL DESIGN FIRM NO. 184-002141, HEREBY CERTIFY THAT
THE PROPERTY HEREON DESCRIBED WAS SURVEYED UNDER THE 'DIRECT SUPERVISION OF AN ILLINOIS
FOUNG MAG SPIKE I PRDFESSI ONAL LAND SURVEYOR., AND THAT THIS PLAT REPRESENTS THE CONDITIONS FOUND AT THE
BRICK PAVEMENT AT SECTION CORNER \ TIME OF SAID My HAND
_ GIVEN UNDER MY HAND AND SEAL THIS 25TH DAY OF DUNE, 2020 IN CHICAGO, ILLINOS.
YP41GHT E/A. INC.
' 34F35 (13.�i
.- STEVEN =
'¢,. F„UNC BRASS K -_.. _ .�_-- -
DIS X---"E
:a BARCZAK. o=
i-o- FOUND MPG NAIL AT SECTION CORNER BAP,CZAK,iPN0. 3269AT SECTION CORNER Exvwes: 11; 3Q/ .3r`:CHICAGOPOINT OF COMMENCEMENT PROFESSIONAL SERVICE CONFORMS TO THE CURREIJT ILLINOS ''s/q?''Ljyj"
N=1811704.2480 MINIMUM STANDARDS FOR A BOUNDARY SURVEY. FOFIT,Y.
E=1057212.7410
°I'
ORIGINAL COPIES OF TNT$ PLAT CONTAIN A SIGNATURE AND A RAISED SEAL.
E x h i b i t A
Dru BV': A Dni'Red Ba: SB Sculc:
x�
= MWRD PARCELS 20.01 & 21.01 BOUNDARY SURVEY
PREPARED FOR:
K EA IS101S
►�+ Engineers & Architects
c ti g }IETROPOLITAS WATER RECLAI'IATIO\ DISTRICT OP GREATER CHICAGO
z Knight E/A, Inc. Phone (312) 577-3300
N 0 221 N. LaSalle Street. Suite 300 Fax (312) 577-3526 100 EAST ERIE STREET
Chicago, Illinois 60601-1211 knightea.com CHICAGO, IL 60611-31.54
J � (312)751-5636