HomeMy WebLinkAboutORDINANCES-2018-002-O-181 /4/2018
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AN ORDINANCE
Authorizing the City Manager to Execute a Lease of Property Located
at 2525 Church Street for Recreational Uses
WHEREAS, the Metropolitan Water Reclamation District of Greater
Chicago owns certain real property located at 2525 Church Street, Evanston, Illinois,
which is improved with a single story concrete block building and former Shore School
site and total property square footage is 113,069 square feet (2.59 acres) (the
"Property"); and
WHEREAS, Beck Park
lies directly to the
north
of the
Property and the
City seeks to demolish the building
and extend ' Beck
Park
south
to Church Street,
creating greater recreational opportunities; and
WHEREAS, the Parties have negotiated a long-term lease of the Property
to preserve the property for recreational uses for 50-years; and
WHEREAS, the City Council has determined that the Property is
necessary for future City operations and in the City's best interests,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code
of 2012, as amended (the "City Code"), the City Manager is hereby authorized and
directed to execute, on behalf of the City of Evanston, a 50--year lease agreement by
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and between the City of Evanston and the Metropolitan Water Reclamation District of
Greater Chicago. The Lease Agreement shall be in substantial conformity with the
Lease Agreement attached hereto as Exhibit " 1 " and incorporated herein by reference.
SECTION 4: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City
Code, 2012, as amended (the "City Code"), an affirmative vote of two-thirds (%) of the
elected Aldermen is required to accept the recommendation of the City Manager on the
lease agreement authorized herein.
SECTION 5: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 8: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
—2—
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Ayes:
Nays:
Introduced: �c�v,,/�.�y{� , 2018
Adopted:-��Pry�vt , 2018
Attest:
t
Devon Reid, City Clerk
Approved:
�acu�arr� a , 2018
S ephen 14. Hage y
Approved as to form:
W. Grant Farrar, Corporation Counsel
-3-
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EXHIBIT 1
LEASE AGREEMENT
�4�
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: Mark L. Dressel
P.I. N.s: 10-14-227-009(PT)
10-14-227-015(PT)
This space reserved for recorder's use only.
LEASE AGREEMENT
(Governmental -Form)
REV. 4-10-17
THIS INDENTURE, made this 41" day of January 2018, by and between the MET-
ROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a body corpo-
rate 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 the "Lessor"), and the CITY OF EVANSTON; an Illinois municipal corporation
with principal offices at 2100 Ridge Avenue, Evanston, Illinois 60201 (hereinafter
designated the "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 Premises legally described and depicted in the plat of survey
marked Exhibit "A" which is attached hereto and made a part hereof and generally
depicted in the aerial photograph marked Exhibit "B" which is attached hereto and
made a part hereof, located in the County of Cook and State of Illinois for those pur-
poses, as more specifically described in Article Three, Paragraph 3.07 hereof, pursu-
ant to 70 ILCS 2605/8 and 8c consisting of 2.58 acres of improved real estate and
commonly known as: 2525 Church Street, Evanston, Illinois, North Shore Channel
Parcel 3.04.
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 50 years, beginning on the 1' day of February A.D.,
2018, and ending on the 315t day of January A.D., 2068, 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 Premises and authority to execute this Lease, the size of the Demised
Premises, the useable areas of the Demised Premises, and building and zoning laws
affecting the Demised Premises. Lessee has examined the title to the Demised Prem-
ises 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 he may construct the improvements which are hereinafter 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 Premises
aforesaid, to pay to Lessor as rent for the said Demised Premises:
(If Lessee is paying a one-time fee, use the following; otherwise use A, B, C, & D)
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 sum of Ten and No/100 Dollars ($10.00),
payable upon the execution of this Lease Agreement.
E. 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 0 percent (0 a/o) 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
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.
F. 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
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Lease, until the same shall be paid; provided if any installment or installments of said
rent shall become due on a Sunday or legal holiday the same shall be paid without
interest on the next succeeding regular business day.
3.02 RENT RESERVED TO BE LIENS ON ALL BUILDINGS, ETC.
ERECTED ON DEMISED PREMISES
It is agreed by Lessee that the whole amount of rent reserved and agreed to
be paid for the Demised Premises and each and every installment thereof shall be and
is hereby declared to be a valid lien upon all buildings and other improvements on the
Demised Premises or that may at any time be erected, placed, or put on the Demised
Premises by 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 ninety (90) days after notice thereof and provided
that Lessee has not initiated corrective action with respect to the default which is the
subject of said notice within the initial thirty (30) days of said notice in writing given
in like manner, then and in any and either of such events, it shall and may be lawful
for Lessor, at its election, at or after the expiration of said thirty (30) days or said
ninety (90) days (as the case may be) after the giving of said notice to declare said
term ended, either with or without process of law, to re-enter, to expel, remove, and
put out 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
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first and former estate, and to distrain for any rent that may be due thereon upon any
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 the Lessee
located on the Demised Premises as security for the payment of said rent in a manner
aforesaid. And if at the same time said term shall be ended at such election of 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 Premises and
property peaceably to Lessor, its successors or assigns, immediately upon the termi-
nation 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 otherwise, with or
without process of law, as above stated.
3.06 LESSEE TO PAY TAXES, ASSESSMENTS AND WATER RATES
As a further consideration for granting this Lease, 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 are to be used by said Lessee ex-
clusively for public recreational purposes or other public purposes, in this instance,
and for no other purpose whatsoever.
2.1
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 leasehold premises
is expressly prohibited.
3.09 LESSEE TO YIELD UP DEMISED PREMISES, ETC., UPON EXPIRATION OF LEASE
AND DEMOLISH ANY IMPROVEMENTS IF NOTIFIED BY LESSOR
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, except for the building currently located on the Demised Premises,
which was previously used by Shore Community Services, Inc., which will be demol-
ished, pursuant to Article Ten, to Lessor in as good condition as when said buildings
or improvements were constructed or placed thereon, ordinary wear and tear ex-
cepted. 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, includ-
ing but not limited to, asbestos contained in any fixture, improvements or buildings
located on the Demised Premises. One -hundred -twenty (120) days prior to the expi-
ration of this Lease, Lessor will determine which, if any, improvements on the De-
mised Premises shall be demolished. Lessee will, upon receipt of ninety (90) days
advance written notice, demolish at Lessee's sole cost and expense, the improve-
ments 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 Les-
see'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
demolished and Lessee will be required to pay all costs therefor. This requirement
survives expiration or termination of this Lease Agreement.
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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
the interest of Lessor in any improvements which may be placed
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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
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.
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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.
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,
disbursements, and executions in any manner growing out of, pertaining to or con-
nected therewith.
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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 $4,000,000.0 per occurrence
and
ALL RISK PROPERTY INSURANCE
(Including Coverage for Environmental Contamination
of Demised Premises)
in the amount of not less than $4,000,000.0 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
B. If Lessee is a self -insurer, Lessee, prior to entering upon said premises
and using the same for the purposes for which this Lease is granted, shall prepare
and transmit to the District an acknowledged statement that Lessee is a self -insurer,
and that it undertakes and promises to insure the District, its Commissioners, officers,
11
agents, servants and employees on account of risks and liabilities contemplated 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 insur-
ance in which the District, its Commissioners, officers, agents, servants and employ-
ees 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.
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
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
12
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
(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.
13
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 the Lessee to
complete the repair, restoration or rebuilding of said buildings and other improve-
ments, upon delivery to the Executive Director of Lessor of certificates of the archi-
tects of Lessee properly endorsed by Lessee accompanied by waiver of lien and re-
lease as the work of repairing, restoring or rebuilding of said buildings and other
improvements shall progress. It is expressly understood that nothing herein shall pre-
vent 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
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.
14
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,
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
15
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
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.
16
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-
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.
J. It is agreed by and between the parties hereto that Lessee shall
submit to the Executive Director of Lessor for his approval, the
17
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 North Shore
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 Di-
rector 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.
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
North Shore Channel in a manner acceptable to Lessor.
5.03 SPECIFIC ENGINEERING, DESIGN AND OPERATING
RESERVATIONS AND RESTRICTIONS.
(CLARIFICATION -- NOT LIMITATION)
Lessee shall pay for and include green infrastructure on its leasehold. A "Green
Infrastructure Program" form must be filled out completely and signed by the author-
ized representatives of both Lessee and the District concurrent 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". DRC shall mean the maximum
available retention capacity of a project in any individual storm event as stated in
18
project plans stamped by a licensed Professional Engineer or, in the absence of such
statement, a project specific capacity calculated using the following table:
Technology
Quantity
Unit
Design Retention
Capacity (gallons)
Rain Gardens
100
sq. ft.
200
Native
100
sq. ft.
150
Plants/ Landscap-
Stormwater Trees
100
Trees
1000
Porous Pavement
100
_sq. ft.
1000
Bio-Swales
100
sq. ft.
_ Soo
Green Roofs
100
sq. ft.
300
Greenways
100
sq. ft.
63.
The volume control storage to be provided shall equal the capture of 1-inch of
runoff from the impervious surfaces located or to be located on the Demised Premises
or 5,000 gallons per leased acre, whichever results in a greater amount of retention.
In lieu of, or in addition to, Lessee installing green infrastructure on its lease-
hold with the District, and subject to the same retention standards enunciated above,
Lessee can, and is encouraged to, design, implement, operate, and maintain green
infrastructure on other lands owned by Lessee. The responsibility for ongoing mainte-
nance and operation shall be borne exclusively by Lessee, and shall be a covenant
running with the land where the off -site green infrastructure is provided for the du-
ration of the Lease.
Such factors that the District will consider in whether or not to give credit for
off -site green infrastructure include, but are not necessarily limited to, where green
infrastructure can mitigate local flooding, reduce infiltration and inflow, or educate
the public about green infrastructure and benefit the community as a whole. When-
ever approved off -site green infrastructure is provided, Lessee shall prominently in-
stall appropriate signage on the off -site location indicating that such green infrastruc-
ture is being provided in partnership with the District.
The District must approve in writing all green infrastructure projects under this
section before green infrastructure may count towards satisfying the obligations cre-
ated 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.
Site conditions in existence before this Lease was entered into will not count
towards the green infrastructure that is to be provided under this section. Nor will
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
19
infrastructure requirements under the District's Comprehensive Land Use Policy). Ac-
cordingly, compliance with the District's Waterway Strategy and the District's Water-
shed Management Ordinance ("WMO") will not count towards the green infrastruc-
ture that is to be provided herein. Lessee is reminded in particular that Article 503 of
the WMO requires non-residential development or redevelopment greater than one-
half acre to provide volume control storage for the first inch of runoff from newly
created impervious surfaces. For purposes of this section, the District's ordinances,
regulations, and policies, including the WMO, shall apply to all District properties,
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 an-
niversary 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
District. 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).
To the extent practicable, Lessee shall use District biosolids in any amend-
ments they perform to the leasehold soil. Such amendments may include, but not
necessarily be limited to, creating bio-swales, native landscaping, and recreational
fields. Subject to availability, the District will provide such biosolids free of charge
with Lessee being required to pay for the transportation costs and the costs associ-
ated with the soil amendments.
ARTICLE SIX
PROVISIONS FOR BUILDING DEMOLITION
6.01 CONSTRUCTION REQUIREMENT
Lessee agrees within N/A ( ) year(s) from the date hereof to improve the
Demised Premises free and clear of all mechanics' and materialman's liens, claims,
charges or unpaid bills capable of being made liens, and to design, construct, operate
and maintain in full compliance with all applicable building and zoning laws of any
agency having jurisdiction thereof. All plans must be approved in writing by the Ex-
ecutive Director of Lessor prior to commencement of construction.
W
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 com-
pleted 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:
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Attn:
Phone:
Facsimile:
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
21
mailing of such notice and the date of such mailing shall be accepted in any court of
record as competent 12rima facie evidence of those facts.
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
same quantities and qualities as those removed. The re-established plant materials
24
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, con-
struct, erect and maintain, at one or more prominent locations on the leasehold prem-
ises, tastefully designed and constructed permanent signs which acknowledge the
cooperation and support of Lessor in connection with Lessee's use of the leasehold
premises. The style, text and size of the sign(s) shall be approved in advance of erec-
tion 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 premises
involving any material change in the location, installation or construc-
tion of facilities, or involving the removal of any trees on District prop-
erty, shall be performed by any person or municipality without having
first obtained District approval. However, Lessee may conduct routine
trimming of trees, brush or other overgrown vegetation to the extent it
interferes with the safety or proper functioning of any improvements.
B. if the proper maintenance and operation of facilities or improvements
on the premises necessitates the removal of any trees on District prop-
erty, Lessee shall give no less than 14-day written notice, exclusive of
Saturdays, Sundays and holidays, of its intent to remove any trees on
the premises, setting forth the number, location and species of trees to
be removed.
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
25
trees on the 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
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
26
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 M.), 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 M.), 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
M.), the National Environmental Policy Act (42
U.S.C. Sec. 4321 et seg.), the Rivers and Harbors Act
of 1988 (33 U.S.C. Sec. 401 et sec .), the Endangered
27
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
Safe Drinking Water Act (42 U.S.C. Sec. 300(f) et
SeMc ., 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
28
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 Dernised 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 seq. of Title 42 of the United States Code, or any similar state
law or local ordinance or any other Environmental Law or (iii) so as to cause a dis-
charge of pollutants or effluents into any water source or system, or the discharge
30
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
to any environmental response, audit, compliance, or other mat-
31
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 Haz-
ardous 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 SITE RESTORATION I REM EDIATION BOND (ENVIRONMENTAL)
On or before the commencement of the last five-year period of the leasehold
term hereunder, Lessee shall lodge with Lessor its Environmental Site Restora-
tion/Remediation Bond in the penal sum of $10,000.00, secured either by cash, irrev-
ocable letter of credit or a commercial bond with surety to secure Lessee's perfor-
mance of and compliance with the provisions and intent of Article 10 of this Lease. A
cash payment securing the bond hereunder will be placed in an interest bearing ac-
count established by Lessor specifically for this purpose. Any interest paid on account
of said deposit shall be the property of and payable periodically to Lessee. Such ac-
count shall be drawable only by Lessor upon its unilateral act. At no time shall the
32
amount on deposit in said account be less than the penal sum of this Bond. Any com-
mercial bond with surety shall be fully prepaid by Lessee and documented as such at
the time it is lodged with Lessor. Said Bond shall be in a form approved by Lessor and
shall be maintained in full force and effect until such time as Lessee has demonstrated
and documented to the reasonable satisfaction of Lessor (and Lessor has executed its
written release thereof to the issuer), full compliance with all Environmental Laws,
relating to Lessee's use or occupancy of the Demised Premises and its environmental
restoration or remediation. This provision shall survive the termination/expiration of
this Lease.
10.07 ENVIRONMENTAL COVENANTS
Lessee agrees to and covenants as follows:
A. It has no knowledge of any pending or threatened:
(1) claims, complaints, notices, or requests for 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
33
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
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.
). 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.
34
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
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.
10.08 DEFAULT (ENVIRONMENTAL)
The occurrence of any one or more of the following events shall constitute a
default under this Lease Agreement, but said default shall not terminate the Lease
unless Lessor notifies Lessee of termination in writing:
A. The Demised Premises are 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
35
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.
10.09 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
36
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.
10.10 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.
37
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
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
38
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
(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.
10.11 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
39
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
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.
ARTICLE ELEVEN
11.01 Lessee agrees to demolish and remove the building located on the De-
mised Premises within five (5) years from the date hereof, free and
clear of all mechanic's liens, claims, charges or unpaid bills capable of
being made.
11.02 Lessee hereby expressly assumes all responsibility for said building
during the term of this Lease, and agrees to defend, indemnify save
and keep harmless Lessor, its Commissioners, officers, agents, servants
and employees in accordance with the terms of Article 4.01 of this
Lease.
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 Secretary
and its corporate seal to be hereunto affixed all the day and year first above written.
METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
By:
ATTEST:
Jacqueline Torres, Clerk
Frank Avila
Chairman of Committee on Finance
CITY OF EVANSTON
By:
Title:
ATTEST
By:
Title:
41
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Frank Avila 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
My Commission expires:
Notary Public
42
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for said County, in the State afore-
said, DOES HEREBY CERTIFY that ,
(Name)
personally known to me to be the of
(Title)
, a municipal corporation,
(Village/Town/City)
and , personally known to me to
(Name)
be the 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
and
(Title)
(Title)
of said municipal corporation,
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 day of , A.D.
20
My Commission expires:
43
Notary Public
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
General Counsel
APPROVED:
Executive Director
44
RECEIVED:
Fee
Insurance.
Bond
PLAT of AS URYEY
L" Mcmlmm
"K FAST W. FMr W W 13 a COINIT MWIN 0d W TK NXM9 WMIM or MCWH t4.
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UM M EM " 8D4 WWM IN CWK GMW. UMM
4u y OM M: 2525 CHURCH STREET, EVANSTON, ILLINOIS.
42,35.,04 ... ..... ......
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EXWII§IT
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EXHIBIT A
LEGAL DESCRIPTION
THE EAST 234.84 FEET OF LOT 13 OF COUNTY CLERK'S DIVISION OF THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, (EXECPTING THEREFROM CHURCH STREET)
CONTAINING 2.58 ACRES, MORE OR LESS, AND BEING SITUATED IN COOK
COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 2525 CHURCH STREET, EVANSTON, ILLINOIS.
GI-1
GREEN INFRASTRUCTURE PROGRAM INFORMATION SHEET
The District offers all prospective tenants that are awarded leases through competitive bidding the
opportunity to participate in the District's Green Infrastructure Program. Participation is voluntary for all
private non -governmental entities. Under•the program, private entities can receive a credit equal to $0.50
on the $1.00, up to 10% of the annual rent owed to the District, capped at the first 10 years of the lease, for
expenditures related to pre -approved green Infrastructure. To obtain such a credit, simply:
1) Fill out the Green Infrastructure ('Gr') Program Form that Is included with this information Sheet.
2) Upon being awarded the lease by the District's Board of Commissioners, promptly submit the
form by mall or e-mail to:
Metropolitan Water Reclamation District of Greater Chicago
Engineering Department, Local Sewers Section
111 E. Erie St., 61h Floor
Chicago, Illinois 60611
Attn: Dan Feltes, Principal Civil Engineer
feltesd@mwrd.orq
with a copy to:
Metropolitan Water Reclamation District of Greater Chicago
Law Department, Real Estate Division
100 E. Erie St., 3rtl Floor
ChIcaga, Illinois 60611
Attn: Christopher Murray, Senior Attorney
r topher.rnurrav@mwrd,ora.
3) Once�slgned or starriped by the District's Engineering Department. promptly Suamit,the
approved form, fo th16 Dlshlct's Law De0ga tment, Redi Estate Division, so that it may be
attetchQd;ps ari ezhllif to tl)e lease. For';partic(pant in tills voluntary program the torn must be
apprgvect by the District before:�h"e lease can k?s signed.
4) Once the leas..e is fiuily executed rind upon occupancy, Install and maintain green
Infrastructure on yout leasehold *(or other approved location in the same municipalffy) in the
manner provided for in your approved form.
5) After green Infrastructure Is installed, promptly submit a written letter requesting the amount of
credit`ttiat should be applied towards your annual rent. The letter should be delivered to the
District's.L'aw Department, Real Estate Division. Be sure to attach invoices Itemizing oil green
inffastt...ucture expenditures forwhich you are seeking credit towards payment of your annual
rent: If the.credit requested exceeds 10% of your annual rent, it will be applied, If approved,
towards the, next yeat's rent, arid'so forth, for up to the first 10 years of the lease, until the.
amount approved ls:fully credited. Credit will only be given for expenditures pertalriing to pre-
approved.green Infrastructure.
You will need to consult your lease agreement for a full list of terms and conditions, Please note In particular
that no credit will be given for preexisting site conditions, nor for expenditures pertaining to green
Infrastructure that Is required to be Installed under the District's Watershed Management Ordinance or
otherwise required by law or District policy. Also, a Green infrastructure ('Gr`) Program Annual Certification
will have to be fliledout, signed, and submitted to the District's Law Department, Real Estate Dlvision, on
each anniversary of the date of the lease. The Certification Is also Included with this Information Sheet.
EXHIBIT C
GI-2
Metropolitan Water Reclamation District of Greater Chicago
Green Infrastructure 110"1 Proaram Form
(Complete All Applicable Sections Fully)
1) Lessee's Name:
2) Leased Premises: eAddress: •District Channel Atlas Parcel NO.:
Street City/Township
+Approx. H of acres: •Approx. surface area of impervious surfaces (e.g,, paved surfaces, rooftops): sq. ft.
3) location of GI: (check one box) ❑ on Leased Premises o off -site o both
Of off -site, address where GI will be Installed:
Street CityrTownship Permanent Index Number
4) Do you have Green Infrastructure Project Plans stamped by a licensed professional engineer? o Yes ONO
-if yes, enclose your Project Plans with this form. The Plans must specify the maximum available retention capacity of the project In any individual storm event,
and the calculations used to determine the projects retention capacity In gallons. .
off no, refer to the chart below to determine your GI projects Design Retention Capacity ("DRC"). A site drawing that adequately depicts the location of all
buildings, Impervious surfaces, and proposed GI, as well as a cross-sectlon detail of the proposed GI, must be enclosed with this form.
Technology
Quantity
Unit
I DRC (in gallons)
Rain Gardens
100
sq. ft:
! 200
Native Plants/Landscaping
100
sq. ft.
150
Stormwater Trees
100
Trees
1000
Porous Pavement
100
sq. ft.
10D0 _
Blo-Swales
100
sq, ft.
! 500
Green Roofs
100
sq. ft.
300
j Greenways
100
sq. ft.
1.
63
S) Technolo_gy, Quantity. and DRC in +talons to be provided: (check each applicable box and fill In each corresponding blank)
o Rain Gardens
(Quantity: __sq.
ft.)
(DRC:
gallons)
o Native Plants/Landscaping
(Quantity:
sq. ft.)
(DRC:
gallons)
o Stormwater Trees
(Quantity:
trees)
(DRC:
gallons)
o Porous Pavement
(Quantity:
sq_ ft.)
(DRC:
gallons)
o 'Blo-Swales
(Quantity:
sq; ft.)
(DRC:
gallons)
o Green Roofs
(Quantity:
sq. ft.)
(DRC:
gallons)
a Greenways
(Quantity:
sq. ft.)
(DRC:
gallons)
ra Other (specify):
_� (Quantity.,_
sq, ft.)
(DRC:
_ gallons)
6) FOR PUBLIC (GQVERNMENTAL) LEASES ONLY: Calculations% Public lease tenants must provide volume control storage equal to the capture of 1-inch of runoff (or
,083 feet) from impervious surfaces located or to be located on the Leased Premises qr 5,000 gallons per leased acre,.whichover results i"reater retention, All
public lease tenants must fill In the blanks for each of the following calculations to determine wr'Ich method results in greater retention:
.Method 1 = sq, ft. of impervious surfaces x 0.083 ft. x 7.48 gallons per cabic foot = gallons
*Method 2 = acres being leased x 5,000 gallons per leased acre = gallons
7) FOR PRIVATE (NON-GOVERNMENTALi LEASES ONLY: Credit: The District offers its private lease tenants a credit equal to 50c on the dollar, up to 10% of the annual
rent owed, for the first 10 years of their lease with the District for expenditures pertaining to approved GI. Consult your lease agreement for a full list of exclusions
and reservations. All requests for credit must a) be in writing, b) state the total credit requested In a given rental year, c) be accompanied by official Invoices
indicating the amount of such expenditures, and d) be promptly delivered to the Metropolitan Water Reclamation District of Greater Chicago, 100 East Erie, 31d
floor, Chicago, IL 60611, Attn: Law Department, Real Estate Division,
8) Watershed Management Ordinance ("WMO").: GI provided herein must be above and beyond wiat Is required under the District's WMO. Article 503 of the WMO,
In particular, requires non-resldentlal development or redevelopment greater than Y. acre to prcvlde volume control storage for the first inch of runoff from newly
created Impervious surfaces. if the WMO requirements apply to the leased premises, provide:
*WMO Permit No(s)i
-Volume Control In Gallons Required under WMO:
9) Como(etion dge when all GI witl be Installed: __,,,_, /_ / 20 ____
CERTIFICATION: I certify that I am an authorized representative of Lessee, that the Information contained In this form and its attachments.ls true and correct to the
best of my knowledge, and that the GI referenced herein Is not a pre-existing site condition nor required byfederal, state, or local law, Including the Districts ordinances
and policies other than the Gi provisions contained In the District's Comprehensive Land Use Policy.
Date: Signature:
Printed Name:
Title:
For MWRD Use Only:
The tenant is authorized to install GI at the location, and in the manner, indicated on this form and Its attachments.
Approved By: Date:
G!-3
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Green Infrastructure ("GI") Program Annual Certification
1) Lessee's Name: ,_....... -- _---... _.._.................. _. __-_
2) Date of Lease Agreement: ,:___.___/ j20.........�
3) Check box indicating where GI was installed: (check one)
❑ Leased Premises 0 Off -Site
4) Address of Leased Premises or Off -Site GI:
Street City/Township District Channel Atlas Parcel No. or PIN
5) Please attach to this Certification photographs taken within the last six months depicting the approved green
infrastructure installed on the leased premises oroff-site location.
As an authorized representative of Lessee, I hereby certify that the green infrastructure that was installed at the
above -referenced premises as part of the District's Green Infrastructure Program continues to this day to be
maintained in as good a condition as it was when it was originally installed pursuant to the Green Infrastructure
Program form submitted by Lessee, or its predecessor, that was approved by the District, I further certify that the
photographs .attached to this. Certification truly and accurately depict such green infrastructure, and that the
photographs were taken within the six months preceding the date of this Certification.
Signature:
Printed Name: _. - _........_..._�m._.
Title:
Date:
The District's Waterway Strategy
A. District Lands Contiguous to Waterways
Setback Requirements: It is the intent of the District to have a well -maintained and attractive
river edge of all of the property it owns adjacent to waterways, including the Chicago River,
the Chicago Sanitary & Ship Canal (a.k.a. Main Channel), the North Shore Channel, and the
Cal -Sag Channel. In order to accomplish this goal, the District requires a waterway edge
easement to be included in its land leases. Unless otherwise authorized by the Board of
Commissioners, the width of the easement shall be a minimum of 60 feet and up to 100 feet,
when feasible. Such width shall be measured from the edge of the water at normal water levels,
then inward across the leased premises at a 90 degree angle, or best approximation thereof,
from the water's edge. No lessee of the District shall cause, or allow to be caused, any
impediment to be constructed or placed upon such easement, whether it be a permanent
structure such as a building, or moveable objects such as unsightly materials and debris.
Buildings existing at the time this policy is enacted shall be grandfathered in.
2. Bank Stabilization and Landscaped Visual Screening. All lessees shall be responsible for bank
stabilization and the construction and maintenance of a landscaped visual screen that
effectively screens the leased premises from the viewpoint of the waterway edge easement.
The recommended landscaped visual screen, whenever possible, shall consist of native
vegetative cover. In the event that site development necessitates removal of existing vegetative
cover, the lessee shall be required to promptly reestablish native vegetative cover in the same
quantities as those removed during the development.
Penalties: Any lessee's failure to comply with the requirements contained in subsections A(l)
and A(2) above shall constitute a breach of the lease agreement by the lessee and shall be
grounds for the District, at its option, to terminate the lease agreement. The District shall also
have the right to recover from the lessee any and all reasonable costs associated with correcting
each such violation, including, but not limited to, remediation costs to have the violations
corrected, as well as court costs and attorneys' fees for filing an action in circuit court seeking
an order to have the lease agreement terminated on these grounds.
B. North Shore Channel — Additional Requirements
1. Limitations on Use of Lands Contiguous to North Shore Channel: All District lands contiguous
to either side of the North Shore Channel, starting from the south at Devon Avenue and
continuing north to, and including, Wilmette harbor, shall be dedicated and used exclusively
as open green space and public recreational use.
2. Special Lease Conditions: All District leases pertaining to lands contiguous to the North Shore
Channel shall require continuous trails, boat access, and bank stabilization; however, in the
case of renewed District leases to public agencies, the stated policy shall apply only to the
extent it is economically feasible and consistent with existing public uses.
C. Exceptions: any use of District land that is prohibited by or inconsistent with the terms of this
Paragraph 3.4 shall be permitted only upon one or more of the following conditions:
EXHIBIT D
1. Uses Permitted Under Pre -Existing Leases: The use is authorized by the terms of an unexpired
lease agreement with the District that was entered into before the date of passage of this
Comprehensive Land use Policy. Such use shall continue to be permitted until such time as
the lease agreement expires or is terminated, unless otherwise extended by the Board of
Commissioners.
2. Variances: the use is authorized by a variance granted by the Board of Commissioners
whenever, and to the extent, it deems that the variance is necessary and in the best interests of
the District considering the location, existing topography and vegetation, and use or proposed
use of the leased premises. All variances shall be granted only by approval of the Board of
Commissioners at its sole discretion, with recommendation by the Executive Director.
I Waterborne Commerce: The use is for the purpose of waterborne commerce pursuant to a lease
agreement with the District. In such instances, no variance from the Board of Commissioners
is necessary. However, the lessee shall, to the extent possible, construct and maintain a docking
facility compatible with the visual intent of the scenic easement, with the District maintaining
the sole discretion to determine whether compatibility has been achieved.