R-95-05RESOLUTION NO. R -95 -05
RESOLUTION AUTHORIZING EXECUTION OF
INTERGOVERNMENTAL AGREEMENT BETWEEN VILLAGE OF DEERFIELD
AND DEERFIELD - BANNOCKBURN FIRE PROTECTION DISTRICT
AND DOCUMENTS RELATED THERETO
WHEREAS, Article VII, Section 10 of the Illinois
Constitution of 1970 authorizes units of local governmental to
contract or associate among themselves in any manner not
prohibited by law or ordinance;
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5
ILCS 220/3 (1993) provides any powers, pledges or authority
exercised or which may be exercised by a unit of local government
may be exercised jointly with any other unit of local government;
WHEREAS, the Corporate Authorities of the Village of
Deerfield have determined that it is appropriate and in the best
interest of the Village of Deerfield that an exchange of real
property be accomplished with the Deerfield- Bannockburn Fire
Protection District; and
WHEREAS, the agreements and understandings between the
Village of Deerfield and the Deerfield - Bannockburn Fire
Protection District have been embodied in an Intergovernmental
Agreement between the Village of Deerfield and the Deerfield -
Bannockburn Fire Protection District in the form attached to this
Resolution as Exhibit "A ".
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Deerfield, Lake and Cook Counties,
Illinois as follows:
SECTION That the Village President and the Village Clerk
ONE: are hereby directed and authorized an execute that
certain Intergovernmental Agreement between the
Village of Deerfield and Deerfield- Bannockburn Fire Protection
District in the form attached to this Resolution as Exhibit "A ".
SECTION That the Village President and Village Clerk are
TWO: hereby directed to execute any and all documents
required by the Intergovernmental Agreement
referred to in the preceding Section, including, but not limited
to, a Special Warranty Deed conveying the premises owned by the
Village of Deerfield as more particularly described in said
Intergovernmental Agreement to the Deerfield- Bannockburn Fire
Protection District. .
z
O�OA
RESOLUTION NO. R -95 -05
RESOLUTION AUTHORIZING EXECUTION OF
INTERGOVERNMENTAL AGREEMENT BETWEEN VILLAGE OF DEERFIELD
AND DEERFIELD - BANNOCKBURN FIRE PROTECTION DISTRICT
AND DOCUMENTS RELATED THERETO
SECTION That the Village of Deerfield receive merchantable
THREE: title to the Property owned by the Deerfield -,
Bannockburn Fire Protection
District as more particularly described in the Intergovernmental
Agreement attached hereto as Exhibit "A" and that, thereafter,
the President and Village of Clerk of the Village of Deerfield
for and on behalf of the Village of Deerfield enter into an lease
of said premises to the Deerfield- Bannockburn Fire Protection
District on the terms and conditions described in the Lease .
Agreement made a part of the Intergovernmental Agreement referred
to in Section One hereof.
SECTION That the Village President and Village Clerk be
FOUR: directed to execute and any and all other
documentation on behalf of the Village of
Deerfield which may be required to effectuate the purposes
of this Resolution and to complete the transactions contemplated
in the Intergovernmental Agreement.
SECTION That the Village Clerk be directed to prepare such
FIVE: certified copies of this Resolution as may be
required to assist in effectuating the
transactions referenced above.
SECTION That this Resolution shall be in full force and
SIX: effect from and after its passage and approval in
the manner provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swanson (4)
NAYS: None (0)
ABSENT: Heuberger, Swartz (2)
PASSED this 3rd day of April , A.D., 1995.
APPROVED this 3rd day of April , A.D., 1995.
VILLAGE PRESIDENT fto TcM
9-,; a "l.. "_�
VII(RAGE CLERK_
JKS \43012.1 3/29/95
INTERGOVERNMENTAL AGREEMENT BETWEEN
VILLAGE OF DEERFIELD AND
DEERFIELD- BANNOCKBURN FIRE PROTECTION DISTRICT
THIS AGREEMENT made as of. this � day of .44AZIL ,
1995, by and between Village of Deerfield, an Illinois Municipal
Corporation (hereinafter referred to as the "Village ") and
Deerfield- Bannockburn Fire Protection District, an Illinois
Municipal Corporation (hereinafter referred to as the
"District ").
W I T N E S S E T.H:
WHEREAS, Article VII, Section 10 of the Illinois
Constitution of 1970 authorizes units of local government to
contract or otherwise associate among themselves in any manner
not prohibited by law or ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5
ILCS 220/3 (1993),.provides that any powers, privileges, or
authority exercised or which may be exercised by a unit of local
government may be exercised and enjoyed jointly with any other
unit of local government; and
WHEREAS, the Village and the District as units of local
government have determined that the use of the premises as
hereinafter provided will be mutually beneficial to both the
residents of the Village of Deerfield and the District; and
WHEREAS, the respective corporate authorities of the Village
and the District have each determined that it is appropriate and
in their respective best interests that this mutual exchange of
real property be accomplished within the corporate boundaries of
the Village and the District.
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises herein contained, it is agreed.by and between the
Village and the District, as follows:
1. Conveyance of Premises A.
(a) On the Closing Date, the Village agrees to convey
to the District by Special Warranty Deed good and merchantable
title to the property legally described on Exhibit A -1 attached
hereto ( "Premises A"), subject only to those items set forth on
Exhibit A -2 attached hereto ( "Premises A Exceptions ").
AKB \22303.3 3/28/95
(b) Prior to Closing, the Village will furnish
evidence of merchantable title in the form of a preliminary title
commitment in the amount of $10,000 issued by Chicago Title
Insurance Company ( "Title Insurer ").
2. Conveyance of Premises B.
(a) On the Closing Date, the District agrees to convey
to the Village by Special Warranty Deed good and merchantable
title to the property legally described on Exhibit B -1 attached
hereto ( "Premises B"), subject only to those items set forth on
Exhibit B -2 attached hereto ( "Premises B Exceptions ").
(b) Prior to Closing, the District will furnish
evidence of merchantable title in the form of a preliminary title
commitment in the amount of $10,000 issued by the Title Insurer.
(c) At the Closing, the parties will execute a lease
covering Premises B, in the form attached hereto as Exhibit C
( "Premises B Lease "). The Premises B Lease shall provide for a
rental of $1.00 per year, on a full net basis, with the District
being solely responsible for all repairs and replacements, real
estate taxes, if any, and insurance.
3. Environmental Matters.
(a) To the best of the District's knowledge, (i) no
generation, use, handling, storage, treatment, release,
discharge, spillage or disposal of any hazardous waste, hazardous
substance, hazardous chemical, contaminant or pollutant (as
defined below) has occurred or is occurring at Premises B, in
violation of any applicable law, at any owned or operated by
the District; (ii) no hazardous waste, waste containing any
hazardous substance or hazardous contaminant or pollutant
generated, used, handled, stored or treated by the District has
been stored, released, discharged, spilled or disposed of at
Premises B in violation of any applicable law; (iii) there is no
asbestos or asbestos containing materials at Premises B; and (iv)
there are no underground storage tanks at Premises B.
- (b)--To-the--best of the District's knowledge, no soil
or water in, upon or under Premises B has been contaminated by
any hazardous waste, hazardous substance, hazardous chemical,
contaminant or pollutant, in violation of any applicable law, at
any time Premises B is owned or operated by the District.
(c) The District has not received notification of any
past or present failure by the District to comply with any laws,
regulations, permits, licenses or orders applicable to Premises
B. Without limiting the generality of the foregoing, the
An \22303.3 3/28/95 - 2 -
District has not received any notification (including requests
for information directed to the District) from any governmental
or quasi - governmental agency or person asserting that the
District is or may be a "potentially responsible party" for a
remedial action at Premises B, pursuant to the provisions of the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980-as amended (hereinafter referred to as "CERCLA"), or
any similar federal or state statute assigning responsibility for
the costs of investigating or remediating releases of
contaminants, pollutants, hazardous wastes, hazardous substances
and hazardous chemicals into the environment.
(d) For purposes of this Agreement, the terms
"hazardous waste ", "hazardous substance ", "hazardous chemical ",
"pollutant ", "contaminant ", "release" and "environment" are given
their respective meanings as used in the Resource Conservation
and Recovery Act, as amended, CERCLA, the Emergency Planning and
Community Right to Know Act of 1986, as amended, or any other
federal, state of local law, rule or regulation adopted pursuant
thereto or otherwise relating to or providing for the liability,
compensation, clean -up and response for hazardous substances,
hazardous waste, hazardous chemicals, pollutants or contaminants
released into'the environment or the clean -up of disposal sites
or the protection of enhancement of the environment.
(e) The obligations of the Village under this
Agreement are contingent upon the District providing to the
Village, not less than ten (10) days prior to the Closing, an
environmental report provided by a company agreeable to the
parties, which discloses no results which are unsatisfactory to
the Village. The cost of the report shall be borne by the
District. To the extent that the report discloses any matters
which are not satisfactory to the Village, the District shall be
responsible for their removal or remediation and the Closing will
be delayed until such time as such removal or remediation is
complete.
(f) Prior to the date hereof the District has received
an environmental report covering Premises A and other property.
The District acknowledges that the contents of the report are
satisfactory to the District.
4. Construction of the Fire Station.
After Closing, the District will immediately take all
actions required to obtain all necessary permits to construct a
fire station on Premises A, pursuant to all applicable Village
codes and ordinances relating to land use and building
construction and under any codes, ordinances and laws of any
other applicable governmental agency having jurisdiction. The
AKB \22303.3 3/28/95 3 -
Village will cooperate in the holding of all hearings and the
processing of any petitions required of the District and /or the
present landowner to achieve the appropriate zoning for Premises
A to permit its use for a fire and emergency services station.
5. Delivery of Possession.
At time of Closing, the Village agrees to deliver
possession of Premises A to the District. At time of Closing,
the District agrees to deliver possession of Premises B to the
Village, subject to its rights and obligations under the Premises
B Lease. At time of Closing, the Village shall not be deemed to
have acquired (a) any personal property located at Premises B and
belonging to the District or (b) the property and improvements
listed on Exhibit D attached hereto, all of which the District
agrees to remove on or before termination of the Premises B
Lease.
6. Closing.
(a) The closing (the "Closing ") shall occur on a date
which is agreeable to the parties ( "Closing Date ") and which is
no later than-thirty (30) days after execution of this Agreement
by the Village and the District.
(b) At the Closing, each party shall provide the other
an owner's title insurance policy issued by the Title Insurer,
subject only to the Premises A Exceptions or the Premises B
Exceptions, as applicable, and the right6 of all persons claiming
by, through, or under or arising because'of actions of the
grantee.
following:
(c) At Closing, each party shall deliver the
(i) Its Special Warranty Deed.
(ii) An affidavit of title in the usual form
protecting the grantee against unrecorded
mechanics' liens and any changes in title
occurring since the date of the last
applicable title commitment.
(iii) ALTA Statements.
(iv) Documents required under the Responsible
Property Transfer Act or a certificate that
no documents are required..
AKB \22303.3 3/28/95 - 4
At the option of the Village, the Village may direct
the current owner of Premises A to convey Premises A directly to
the District and, in connection therewith, to execute and deliver
the documents referred to above.
(d) The parties will each execute and deliver state,
county and local transfer declarations if required or exemption
statements, and proration statements.
(e) Each party shall be responsible for the cost of
clearing title to the property being conveyed to the other party.
(f) In the event that either party is unable to.
deliver title at time of Closing as provided herein, then, at the
option of the other party, this Agreement shall terminate.
7. Escrow.
The exchange of property shall close through a standard deed
and money escrow at the office of the Title Insurer, with special
provisions inserted in the escrow agreement as may be required to
conform with this Agreement. The cost of the escrow shall be
divided equally between the Village and the District.
8. Prorations.
Rents, taxes, if any, and all other normal and
customary items shall be prorated to the date of Closing. Except
as provided herein, all prorations hereunder shall be final.
9. Default.
In the event of a failure by the Village or the
District to perform any obligation required under this Agreement
and if such default shall continue for more than thirty (30) days
after written notice of such default shall have been given by the
Village or.,the District to the defaulting party, then the non -
defaulting party shall have the option to either cancel this
Agreement or pursue such other remedies as may be available in
law or equity.
10. Waiver and Severability.
(a) No waiver by either party of any term or condition
of this Agreement shall be deemed or construed as a waiver of any
other term or condition, nor shall a waiver of any breach be
deemed to constitute a waiver of any subsequent breach whether of
the same or a different provision of this Agreement.
AKB \22303.3 3/28/95 - 5 -
(b) If any provision of this Agreement or the
application thereof to any party or circumstance shall to any
extent be declared invalid or unenforceable, the remainder of
this Agreement or the application of such provision to parties or
circumstances, other than those as to which it is declared
invalid or unenforceable, shall not be affected thereby and each
provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
11. Law Governing.
This Agreement shall be governed and construed under
the Laws of the State of Illinois.
12. Execution of Documents.
This Agreement may be executed in counterparts, all of
which shall be regarded for all purposes as one original. Each
party represents and warrants that it has full power and
authority to execute this Agreement and to perform its
obligations hereunder. Each party agrees that it will execute
all instruments, documents and adopt such resolutions or
ordinances necessary to give effect to the terms of this
Agreement.
13. Entirety._
This Agreement merges and supersedes all prior
negotiations, representations and agreements between the parties
hereto relating to the subject matter hereof and constitutes the
entire agreement between the parties.
14. Notice.
Whenever in this Agreement notice is required to be
given, the same shall be given by registered or certified mail,
addressed to the respective parties at the following addresses:
To the Village:
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Attention: Village Manager
Pedersen & Houpt
161 North Clark Street, Suite 3100
Chicago, IL 60601 -3224
Attn: James K. Stucko
AKFn \22303.3 3/28/95 — 6 —
To the District:
Deerfield - Bannockburn
Fire Protection District
839 Deerfield Road
Deerfield, IL 60015
Attention: President
and
Schwartz, Cooper, Greenberger &
Krauss, Chtd.
180 North LaSalle Street
Suite 2700
Chicago, IL 60601
Attn: Earle S. Rappaport
unless a different address shall be hereafter designated in
writing by either of the parties. The day of giving such notice
shall be deemed to be the date of mailing thereof.
15. Headings.
The marginal or topical headings of the several
articles, paragraphs and clauses are for convenience only and do
not define, limit or construe the contents of such articles,
paragraphs or clauses.
16. Non - assignability.
This Agreement and the provisions thereof shall not be
assignable to any third party.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands on the day and year first above written.
DEERFIELD- BANNOCKBURN
FIRE PROTECTION DISTRICT
By
n
id
is Pre
ATTEST:
By
Secretary
AKB \22303.3 3/28/95
VILLAGE OF DEERFIELD
17
By
M r r
ATTEST:
- 7 -
Vil(Lage Clerk
EXHIBIT A -1
Legal Description of Premises A
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT-THE NORTHWEST CORNER OF SAID SOUTHWEST
1/4; THENCE NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 504.01
FEET ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 TO A POINT ON THE
NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST.
PAUL AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 15 MINUTES 59
SECONDS EAST, 669.26 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY
TO A POINT ON THE NORTH RIGHT OF WAY LINE OF KATE ROAD; THENCE
NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 342.88 FEET ALONG
SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 01 MINUTES 05 SECONDS WEST, 76.25 FEET; THENCE
NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 489.95 FEET; THENCE
SOUTH 00 DEGREES 01 MINUTES 05 SECONDS EAST, 56.25 FEET; THENCE
SOUTH 45 DEGREES 01 MINUTES 05 SECONDS EAST, 28.28 FEET TO A
POINT ON THE NORTH RIGHT OF WAY OF KATES ROAD; THENCE SOUTH 89
DEGREES 58 MINUTES 55 SECONDS WEST, 509.95 FEET ALONG AFORESAID
RIGHT OF WAY LINE TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS.
AKS \22303.3 3/28/95
EXHIBIT A -2
Premises A Exceptions
01,
1. Restriction that for 20 years from.the date of conveyance to
Grantee the property is to be used only for fire station
purposes.
2. Restriction that Grantee covenants and agrees to construct
and maintain a brick screening wall, or densely planted
evergreen shrubs, or a combination of both, along the south
property line of the Subject Property, in accordance with
the Landscaped Screening requirements of the Village of
Deerfield Zoning Ordinance (in effect on April 3, 1995), in
conjunction with the construction of any improvements on the
Subject Property. The determination to install either a
brick screening wall or densely planted evergreen shrubs; or
a combination of both, shall be in the sole discretion of
Grantee. Any brick screening wall shall be installed on a
properly construction retaining wall, all in accordance with
Village codes.
The foregoing (a) shall be a covenant running with the land
and shall be binding upon Grantee and its successors and
assigns and (b) shall be enforceable by Grantor and the
Village of Deerfield and their respective successors and
assigns.
3. General real estate taxes for 1994 and 1995.
4. Exceptions G(9), H(10), I(11), J(12), K(13), L(14), and
N(16) on Schedule B of Chicago Title Insurance Company
commitment number 568760 Lake dated October 14, 1994.
EXHIBIT B -1
Legal Description of Premises B
LOTS 11 AND 12 IN BLEIMEHL'S SUBDIVISIO N
AND 33-; TOWNSHIP 43 NORTH, RANGE.12 EAST
MERIDIAN, ACCORDING TO THE PLAT THEREOF
IN BOOK H OF PLATS PAGE 45, AS DOCUMENT
ILLINOIS.
AKB \22303.3 3/28/95
OF PARTS OF SECTIONS 32
OF THE THIRD PRINCIPAL
RECORDED OCTOBER 7, 1909,
124960, IN LAKE COUNTY,
EXHIBIT B -2
Premises B Exceptions
1. General real estate taxes for 1994 and 1995.
AKS \22303.3 3/28/95
EXHIBIT .0
Premises B Lease
AKB \22303.3 3/28/95
LANDLORD:
TENANT:
LEASED PREMISES:
1, n
INDUSTRIAL SPACE LEASE —NET
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Deerfield Bannockburn Fire Protection District
839 Deerfield Road
Deerfield, IL 60015
Fire station and land
839 Deerfield Road
Deerfield, IL 60015
LEASE PREPARED BY:
Pedersen & Houpt
Herbert J. Linn
161 N. Clark Street
Suite 3100
Chicago, IL 60601
ISLN 4 -87
INDUSTRIAL SPACE LEASE —NET
TABLE OF CONTENTS
ISLN 4 -87
Page
I.
GRANT, TERM AND DEFINITIONS AND BASIC LEASE PROVISIONS ......
1
1.0 Grant ........................................................... ...............................
1
1.1 Term ............................................................ ...............................
1
1.2 Tenant's Pro Rata Share ............................. ...............................
1
1.3 Agent ........................................................... ...............................
1
1.4 Basic Lease Provisions ............................... ...............................
1
III.
2
PURPOSE ....................................................................... ...............................
3.0 Purpose ....................................................... ...............................
2
IV.
RENT .............................................................................. ...............................
2
4.0 Annual Rent ................................................. .....:.........................
2
V.
3
IMPOSITIONS ................................................................ ...............................
5.0 Payment by Tenant ....................................... :............................
3
5.1 Alternative Taxes ........................................ ...............................
3
VI.
INSURANCE .................................................................. ...............................
3
8.0 Kinds and Amounts ..................................... ...............................
3
6.1 Form of Insurance ....................................... ...............................
4
6.3 Fire Protection
8.4 Mutual Waiver of Subrogation Rights ......... ...............................
4 rj .
VII.
DAMAGE OR DESTRUCTION ....................................... ...............................
4 ,
7.0 Landlord's Obligation to Rebuild ................ ...............................
4
VIII.
CONDEMNATION ........................................................... ...............................
5
8.0 Taking of Whole .......................................... ...............................
5
8.1 Partial Taking .............................................. ...............................
5
IX.
MAINTENANCE AND ALTERATIONS .......................... ...............................
mom
5
9.1 Tenant's Maintenance ................................. ...............................
5
9.2 Alterations ................................................... ............. ...................
6
X.
ASSIGNMENT AND SUBLETTING ..........:.................... ...............................
6
10.0.. ;Consent Required ....................................... ...............................
6
XI.
8
LIENS AND ENCUMBRANCES ..................................... ...............................
11.0 Encumbering Title ....................................... ...............................
8
11.1 Liens and Right to Contest .......................... ...............................
8
ISLN 4 -87
Page
Xii. UTILITIES ....................................................................... ............................... 8
12.0 Utilities ........................................................ ............................... 8
XIII. INDEMNITY AND WAIVER ............................................ ............................... 8
13.0 Indemnity .................................................... ............................... 8
13.1 Waiver of Certain Claims ............................ ............................... 9
XIV. RIGHTS RESERVED TO LANDLORD ............................ ............................... 9
14.0 Rights Reserved to Landlord ...................... ............................... 9
XV. QUIET ENJOYMENT ...................................................... ............................... 10
15.0 Oulet Enjoyment ......................................... ............................... 10
XVII. SURRENDER .................................................................. ............................... 10
17.0 Surrender ..................................................... ............................... 10
17.1 Removal of Tenant's Property ..................... ............................... 10
17.2 Holding Over ................................................ ............................... 11
XVIII. REMEDIES ..................................................................... ............................... 11
18.0 Defaults ........................................................ ............................... 11
18.1 Remedies ..................................................... ............................... 12
18.2 Remedies Cumulative .................................. ............................... 12
18.3 No Waiver ..................................................... ............................... 12
18.4 Default under Other Leases ......................... ............................... 13
XX. MISCELLANEOUS ......................................................... ............................... 13
20.2 Landlord's Right to Cure .............................. ............................... 14
20.3 Amendments Must Be In Writing ................. ............................... 14
20.4 Notic s ......................................................... ............................... 14
20.5 Short Form Lease ........................................ ............................... .14
20.8 Time of Essence ........................................... ............................... 14
20.7 Relationship of Parties ................................. ............................... 14
20.8 Captions ....................................................... ............................... 14
20.9 Severabllity .................................................. ............................... 14
20.10 Law Applicable ............................................. ............................... 14
20.11 Covenants Binding on Successors .............. ............................... 14
20.12 Brokerage .................................................... ............................... 14
?0.13 Landlord Means Owner ............................... ............................... 15
20.17 Force Majeure .............................................. ............................... 15
20.18 Landlord's Expenses ................................... ......... ....................... 15
20.19 Execution of Lease by Landlord .................. ............................... 15
20.20 Tenant's Authorizat ion .................................. ............................... 15
ISLN 4 -87
�j
t
LEASE —NET
THIS LEASE Is made this 3rd day of April , 19 95 , by
and between Village of Deerfield. an Illinois Municipal Corporation
(hereinafter sometimes referred to as "Landlord ") and Deerfield - Bannockburn
Fire Protection District, an Illinois Municipal Corporation.
(hereinafter sometimes referred to as "Tenant "), who hereby mutually covenant and agree
as follows:
I. GRANT, TERM, DEFINITIONS AND BASIC LEASE PROVISIONS
1.0 Grant. Landlord, for and in consideration of the rents herein reserved and of the
covenants and agreements herein contained on the part of Tenant to be performed, hereby
leases to Tenant, and Tenant hereby lets from Landlord, premises ee—+e�eli rw_,
, commonly known as 839 Deer iel Road,
Deerfield, Illinois 60015
being 4hYPpeAmf the real estate legally described on an exhibit which Is attached hereto,
Identified as Exhibit A (hereinafter sometimes referred to as the "Real Estate "). which
premises are outlined on the site plan attached hereto as Exhibit 8, together with all
impfovements now located or to be located on said premises during the term of this Lease,
together with all appurtenances belonging to or In any way pertaining to said premises ( such
premises, Improvements and appurtenances hereinafter sometimes Jointly or severally, as
the context requires, referred to as "Leased Premises ").
1.1 Term. ,
1.4 Basic Lease Provisions.
(a) Purpose (See Section 3.0): Fire and Emergency Station
(b) Annual Rent ( See Section 4.0) :
qty
Period: Annual Rent: JasiaNrner�ls:
r an $ /,oa�o J.Q $ 'V.,9
(c) Payee (See Section 4.0): Village of Deerfield
(d) Payee's Address (See Sections 4.0 and 4.1): 850 Waukegan Road,
Deerfield, Illinois 60015
(e) Form of Insurance ( See Article VI): The insurance specified In Section 6.0 shall
comply with the provisions of Section 6.1.
Q14 "wt som'so less
�Pw.�snlh�`
ISLN 4 -87
01.
INSERT TO SECTION 1.1
The term of this Lease shall commence on the date that Landlord
acquires title to the Real Estate from Tenant (hereinafter
sometimes referred to as "Commencement Date ") and shall end on
the earliest of (a) June 30, 1997, (b) the sixtieth (60th) day
after a certificate of occupancy has been issued for Tenant's new
fire station on the west side of Waukegan Road, south of Osterman
Avenue, in Deerfield, Illinois, (c) the date on which Tenant
vacates the Leased Premises and occupies such new fire station,
or (d) the date of termination as herein set forth.
- 1A -
(n) Rider: Check here if a Rider Is attached: ❑
POSSESSION
2.0 Possession.
f 4VUeffrr, Landlord shall deliver possession of the Leased
Premises to Tenant on or before the Commencement Date in their condition as of the
execution and delivery hereof, reasonable wear and tear excepted. If
possession prior to the Commencement Date, such occupancy shall be subjec the
terms and conditions of this Lease (except that Tenant shall not be requ' pay annual
rent under Section 4.0 hereof, during such occupancy). If La shall be unable to
deliver possession of the Leased Premises on the Common t Date by reason of the fact
that work required to be done by Landlord hereund any, has not been completed for any
reason, because a prior tenant has failed to r up possession of the Leased Premises or
for any other cause beyond the co of Landlord, Landlord shall not be subject to any
liability for the failure to gixoodMession on said dale, nor shall the validity of this Lease or
the obligations of 1worlereunder be In any way affected. Under such circumstances,
unless the d the fault of Tenant, annual rent and other charges hereunder shall not
com until the later of the date possession of the Leased Premises Is given or the
III. PURPOSE
3.0 Purpose. The Leased Premises shall be used and occupied only for the Purpose
set forth In Section 1.4 (a) hereof, except that no such use shall (a) violate any certificate of
occupancy or law, ordinance or other governmental regulation in effect from time to time
affecting the Leased Premises or the use thereof, (b) cause injury to the improvements, (c)
cause the value or usefulness of the Real Estate or any part thereof to diminish, (d)
constitute a public or private nuisance or waste, (e) authorize Tenant to use, treat, store or
dispose of hazardous or toxic materials on the Real Estate, or (f) render the Insurance on
the Leased Premises void or the insurance risk more hazardous.
Tenant shall not use or occupy the Leased
Premises contrary to any statute, rule, order, ordinance, requirement or regulation appli-
cable thereto.
IV. RENT
4.0 Annual Rent. Beginning with the Commencement Date, Tenant shall pay annual
rent as set forth In Section 1.4(b) hereof payable monthly in advance in Installments as set
forth in said Section. Rent shall be paid to or upon the order of Payee at the Payee's
Address.
MW
G -low All payments of rent shall be made without deduction, set off,
discount or abatement in lawful money of the United States.
ISLN 4 -87
(1) Tenant's Address ( for notices) ( See Section 20.4) :
839 Deerfield
Road,
Deerfield, IL
60015
(j) Landlord's Address ( for notices)
( See Section 20.4) :
850 Waukegan
Road,
Deerfield, IL
60015
(n) Rider: Check here if a Rider Is attached: ❑
POSSESSION
2.0 Possession.
f 4VUeffrr, Landlord shall deliver possession of the Leased
Premises to Tenant on or before the Commencement Date in their condition as of the
execution and delivery hereof, reasonable wear and tear excepted. If
possession prior to the Commencement Date, such occupancy shall be subjec the
terms and conditions of this Lease (except that Tenant shall not be requ' pay annual
rent under Section 4.0 hereof, during such occupancy). If La shall be unable to
deliver possession of the Leased Premises on the Common t Date by reason of the fact
that work required to be done by Landlord hereund any, has not been completed for any
reason, because a prior tenant has failed to r up possession of the Leased Premises or
for any other cause beyond the co of Landlord, Landlord shall not be subject to any
liability for the failure to gixoodMession on said dale, nor shall the validity of this Lease or
the obligations of 1worlereunder be In any way affected. Under such circumstances,
unless the d the fault of Tenant, annual rent and other charges hereunder shall not
com until the later of the date possession of the Leased Premises Is given or the
III. PURPOSE
3.0 Purpose. The Leased Premises shall be used and occupied only for the Purpose
set forth In Section 1.4 (a) hereof, except that no such use shall (a) violate any certificate of
occupancy or law, ordinance or other governmental regulation in effect from time to time
affecting the Leased Premises or the use thereof, (b) cause injury to the improvements, (c)
cause the value or usefulness of the Real Estate or any part thereof to diminish, (d)
constitute a public or private nuisance or waste, (e) authorize Tenant to use, treat, store or
dispose of hazardous or toxic materials on the Real Estate, or (f) render the Insurance on
the Leased Premises void or the insurance risk more hazardous.
Tenant shall not use or occupy the Leased
Premises contrary to any statute, rule, order, ordinance, requirement or regulation appli-
cable thereto.
IV. RENT
4.0 Annual Rent. Beginning with the Commencement Date, Tenant shall pay annual
rent as set forth In Section 1.4(b) hereof payable monthly in advance in Installments as set
forth in said Section. Rent shall be paid to or upon the order of Payee at the Payee's
Address.
MW
G -low All payments of rent shall be made without deduction, set off,
discount or abatement in lawful money of the United States.
ISLN 4 -87
o
within twenty -one (21) days after the amount sent by the Tenant Is received !% box
collection agent or, In the case of a dishonored Instrument, withi -one (21) days
alter collection. Neither the negotiation of Tenant's neg2galsw9strument by the lock box
collection agent, nor the possession of the fun andlord during the twenty -one (21)
day period, nor the return of any suc enant shall be deemed to be inconsistent with
the rejection of Tenant's to uch payment for all purposes as of the date of Landlord's
lock box collect) s receipt of such payment (or collection), nor shall any of such
event med to be a waiver of any breach by Tenant of any terms, covenant or
payment of other charges hereunder which shall not be paid when due erest at
the highest rate then payable by Tenant In the state a Leased Premises are
located or, in the absence of such a ma a rate per annum equal to two per cent
(2 %) in excess of the se rate of Interest of American National Bank and Trust
Corn a o in effect on the due date of such payment, from the date when the
V. IMPOSITIONS
5.0 Payment by Tenant. Tenant shall pay MesirarmHo d as additional rent for the Leased
Premises PIS all taxes and assessments, general and special, water
rates and all other Impositions, ordinary and extraordinary, of every kind and nature
whatsoever, which may be levied, assessed, charged or Imposed during the term of the
Lease upon the Real Estate or any part thereof or upon any improvements at any time
situated thereon, hisluslin,
("Impositions"), provided,
however, that such Impositions shall be prorated between
Landlord and Tenant as of the Commencement Date for the first year of the Lease term,. and
as of the expiration date of the Lease term for the last year of the Lease term (on the basis of
Landlord's reasonable estimate thereof). Impositions shall also Include fees and costs
incurred by Landlord during or prior to the Lease term for the purpose of contesting or
protesting tax assessments or rates, to the extent that such fees and costs relate to savings
realized during the term of the Lease and any extensions thereof. Tenant may take_ the
benefit of the provisions of any statute or ordinance permitting any assessment to be paid
over a period of years, and Tenant shall be obligated to pay only those
installments falling due during the term of this Lease and any extensions thereof. Tomm Ms•
5.1 Alternative Taxes. If at any time during the term of this Lease the method of '
taxation prevailing at the commencement of the term hereof shall be altered so that any new Jt
tax assessment, levy, imposition, or charge, or any part thereof. shall be measured by or be
based In whole or In part upon the Lease, or the Leased Premises, or the Real Estate, or the
rent, additional rent or other Income therefrom and shall be Imposed upon Landlord, then all
such taxes, assessments, levies, impositions or charges, or the part thereof, to the extent
that they are so measured or based, shall be deemed to be included within the term
"Impositions" for the purpose hereof, to the extent that such Impositions, would be payable
if the Real Estate were the only property of Landlord subject to such Impositions, and Tenant
shall pay its Pro Rata Share of Impositions as so defined. There shall be excluded from
Impositions all federal Income taxes, state and local net Income taxes, federal excess profit
taxes, franchise, capital stock and federal or state estate or inheritance taxes of Landlord.
VI. INSURANCE
6.0 Kinds and Amounts. As additional rent for the Leased Premises, Tenant shall
procure and maintain policies of Insurance, at Its own cost and expense, insuring:
(a) Landlord, Agank and Tenant from all claims, demands or actions made by or on
behalf of any parson or persons, firm or corporation and arising from, related to or
connected with. the Leased Premises, for bodily Injury to or personal Injury to or
death of any person, or more than one (1) person, or for damage to property In an
amount of not less than $3,000,000.00 combined single limit per occur -
renceiaggregate. Said insurance shall be written on an "occurrence" basis and not
on a "claims made" basis. Landlord shall have the right, exercisable by giving
written notice thereof to Tenant, to require Tenant to increase such limit if, in
Landlord's reasonable judgment, the amount thereof Is Insufficient to protect
Landlord, and Tenant from judgments which might result from such claims,
demands or actions. Said insurance shall also fully cover the Indemnity set forth in
Section 13 (a) (1) hereof and, to the extent such insurance Is available, the
indemnity set forth in Section 13.0(b) hereof.
(b) Landlord and Tenant in the amount of $250,000 against loss or damage from
external explosion or breakdown of Tenant's boilers, air conditioning equipment
and miscellaneous electrical apparatus, if any, on the Leased Premises.
ISLN 4 -87 3
0
(c) Tenant from all worker's compensation claims;
(d) Landlord and Tenant against breakage of all plate glass utilized Inside or outside of
the Leased Premises; and
(e) All contents, and Tenant's trade fixtures, machinery, equipment, furniture and
furnishings In the Leased Premises to the extent of at least ninety percent (90 %) of
their replacement cost under standard fire and extended coverage insurance,
including, without limitation, vandalism and malicious mischief and sprinkler leak-
age endorsements.
6.1 Form of Insurance. The aforesaid insurance shall be In companies and In form,
substance and amount (where not stated above) satisfactory from time to time to Landlord
The aforesaid Insurance shall unconditionally provide that It
is not subject to cancellation or non - renewal except after at least thirty (30) days' prior
written notice to Landlord . The original insurance policies
(or certificates thereof satisfactory to Landlord), together with satisfactory evidence of
payment of the premiums thereon, shall be deposited with Landlord at the Commencement
Date and renewals thereof not less than thirty (30) days prior to the end of the term of each
such coverage.
8.3 Fire Protection. Tenant shall conform with all applicable fire codes of any
governmental authority, and with the rules and regulations of Landlord's fire underwriters
and their fire protection engineers, Including, without limitation, the Installation of adequate
8.4 Mutual Waiver of Subrogation Rights. Whenever (a) any loss, cost, damage or
expense resulting from fire, explosion or any other casualty or occurrence is Incurred by
either of the parties to this Lease, or anyone claiming by, through, or under It in connection
with the Leased Premises, and (b) such party is then covered In whole or In part by
insurance with respect to such loss, cost, damage or expense or is required under this Lease
to be so insured, then the party so insured (or so required) hereby releases the other party
from any liability said other party may have on account of such loss, cost, damage or
expense to the extent of any amount recovered by reason of such Insurance (or which could
have been recovered had such Insurance been carried as so required) and waives any right
of subrogation which might otherwise exist In or accrue to any person on account thereof,
provided that such release of liability and waiver of the right of subrogation shall not be
operative in any case where the effect thereof Is to invalidate such Insurance coverage or
Increase the cost thereof ( except that in the case of increased cost, the other party shall
have the right, within thirty (30) days following written notice, to pay such Increased cost,
thereby keeping such release and waiver in full force and effect).
"Landlord". for the purpose c H.'s Section 6.4 Only.
Ageni. and if Landlard is an Illinois 'and trust, shall also Include III" 1105t", 113,
hgenis, its benellelary et beneilieleflos and 11100 .
VII. DAMAGE OR DESTRUCTION
ISLN 4 -87 4
01- D
1-0-14 00 WWWIN If ewM a fire, explosion or other casualty
damages the building In which the Leased Premises are located, in a material or substantial
way, Landlord may, In lieu of repairing, restoring or rebuilding the same, terminate this Lease
within sixty (60) days after the occurrence of the event causing the damage. In such event,
the obligation of Tenant to pay rent and other charges hereunder shall end as of the date
when the damage. occurred. In the event Landlord's fire and extended coverage Insurance
provides for a "deductible ", and a foss occurs which is the kind of risk otherwise insured
under the policy, then Tenant shall pay to Landlord, promptly upon being billed therefor, the
lesser of (a) the amount of the loss, or (b) the amount of the deductible.
VIII. CONDEMNATION
8.0 Taking of Whole. If the whole of the Leased Premises shall betaken or condemned
for a public or quaslpublic use or purpose by a competent authority, or If such a portion of
the Leased Premises shall be so taken that as a result thereof the balance cannot be used for
the same purpose and with substantially the same utility to Tenant as immediately prior to
such taking, then in either of such events, the Lease term shall terminate upon delivery of
possession to the condemning authority, and any award, compensation or damages
( hereinafter sometimes called the "Award ") shall be paid to and be the sole property of
Landlord whether the Award shall be made as compensation for diminution of the value of
the leasehold estate or the fee of the Real Estate or otherwise and Tenant hereby assigns to
Landlord all of Tenant's right, title and interest in and to any and all of the Award. Tenant
shall continue to pay rent and other charges hereunder until the Lease term is terminated
and any Impositions and premiums prepaid by Tenant, or which accrue prior to the
termination, shall be adjusted between the parties.
8.1 Partial Taking. If only a part of the Leased Premises shall be so taken or
condemned, but the Lease b not terminated pursuant to Section 8.0 hereof, Landlord shall
repair and restore the Leased Premises and all Improvements thereon, except that Landlord
shall not hereby be required to expend for repair and restoration any sum in excess of the
Award. Any portion of the Award which has not been expended by Landlord for such
repairing or restoration shall be retained by Landlord as Landlord's sole property. The rent
shall be equitably abated following delivery of possession to the condemning body. If the
portion of the building within which the Leased Premises are located shall be so taken or
condemned in a material or substantial way. Landlord may terminate this Lease by giving
written notice thereof to Tenant within sixty (60) days after such taking. In such event, the
Award shall be paid to and be the sole property of Landlord.
IX. MAINTENANCE AND ALTERATIONS
replacements of the roof and shall perform all exterior painting (at suoodvals as
Landlord deems appropriate). Tenant shall pay to Landlord Tena ata Share of the
costs and expenses Incurred by Landlord in fulfilling its ons under this Section 9.0.
except that, subject to Section 6.4 hereof, If th tty for any such maintenance, repairs
or replacements results from an mission or negligence of Tenant. Its agents.
employees, contractors, s or invitees, Tenant shall pay to Landlord all of the costs
and expenses by Landlord In performing such work. Such payment shall be
addi nt hereunder and shall be paid to Landlord within ten (10) days after Landlord
9.1 Tenant's Maintenance. e 1 ace,
(a) , Tenant shall keep nd maintain the
entire exterior and interior of the Leased Premises, specifically Including, without
limitation, all the heating, ventilating and air conditioning equipment, pipes and conduits
below the floor and below the ground surface of the Leased Premises, and the parking
lot and lai dscaping on the portion of the Real Estate adjoining the Leased Premises, in
good con ition and repair. As used herein, each and every obligation of Tenant to keep,
maintain knd repair shall include, without limitation, all ordinary and extraordinary
structural I and non - structural repairs and replacements. As to any repairs costing in
excess of $5,000, and as to any replacements whatsoever, Tenant shall, in connection
therewith comply with the requirements of Section 9.2(b) hereof. Tenant shall, to the
extent p sible, keep the Leased Premises and the portion of the Real Estate adjoining
It Lea d Premises from falling temporarily out of repair or deteriorating and shall
ISLN 4 -87
1 the roof, the structu
a
keep the same safe, secure, clean and sanitary (Including, without limitation, snow and
Ice clearance from the parking lot, sidewalk and from the roof, if necessary, planting and
replacing flowers and landscaping, and necessary interior painting, and carpet cleaning
at least once a year) and in full compliance with all health, safety and police regulations
in force. Nothing in Section 1.4(a) shall be deemed to limit Tenants' obligation under
this Section 9.1(a) . Tenant shall promptly remove any debris left by Tenant, its
employees, agents, contractors or invitees in the parking area or other exterior areas of
(b) Without limiting Tenant's obligations under Section 9.1(a) hereof, Tenant
shall, at all times during the term of this Lease, have and keep In force a maintenance
contract, In form and with a contractor satisfactory to Landlord, providing for Inspection
at least once each calendar quarter of the heating, air conditioning and ventilating
equipment ( which inspection shall encompass the work described on Schedule I
attached hereto and made a part hereof), and providing for necessary repairs thereto.
Said contract shall provide that It will not be cancellable by either party thereto except
upon thirty (30) days' prior written notice to Landlord.
9.2 Alterations.
(a) Tenant shall make all additions. Improvements and alterations ( hereinafter
"Alterations ") on the Leased Premises, and on and to the appurtenances and
equipment thereof, required by any governmental authority or which may be made
necessary by the act or neglect of Tenant, Its employees, agents or contractors, or any
persons, firm or corporation claiming by, through or under Tenant. Except as provided
in the immediately preceding sentence, Tenant shall not create any openings in the roof
or exterior walls, or make any other Alterations to the Leased Premises without
Landlord's prior written consent, which consent Landlord may, In Its discretion,
withhold.
(b) As to any Alterations which Tenant Is required hereunder to perform or to
which Landlord consents, and as to any repairs costing In excess of $5,000.00, and as to
any replacements whatsoever, or as to work performed pursuant to Section 13.0(b)
hereof, such work shall be performed with new materials. In a workman -like manner,
strictly In accordance with plans and specifications therefor first approved in writing by
Landlord and In accordance with all applicable laws and ordinances. At Landlord's
option ( exercised by notice In writing from Landlord to Tenant given within ten (10 )
days after Landlord receives Tenant's plans and specifications), such work shall be
performed by employees of or contractors employed by Landlord, at Tenant's expense.
Upon completion of any such work by or on behalf of Tenant, Tenant •shall provide
Landlord with such documents as Landlord may require (including. without limitation,
sworn contractors' statements and supporting lien waivers) evidencing payment in full
for such work, and "as built" working drawings. In the event Tenant performs any work
not in compliance with the provisions of this Section 9.2(b). Tenant shall, upon written
notice from Landlord, immediately remove such work and restore the Leased Premises
to their condition immediately prior to the performance thereof. If Tenant fails so to
remove such work and restore the Leased Premises as aforesaid, Landlord may, at its
option, and in addition to all other rights or remedies of Landlord under this Lease, at
law or in equity, enter the Leased Premises and perform said obligation of Tenant and
Tenant shall reimburse Landlord for the cost to the Landlord thereof. immediately upon
being billed therefor by Landlord. Such entry by Landlord shall not be deemed an
eviction or disturbance of Tenant's use or possession of the Leased Premises nor render
Landlord liable in any manner to Tenant.
X. ASSIGNMENT AND SUBLETTING
10.0 Consent Required.
(a) Tenant shall not, , (1) assign, convey
or mortgage this Lease or any interest under it; (ii) allow any transfer thereof or any lien
ISLN 4 -87 6
upon Tenant's interest by operation of law; (lil) sublet the Leased Premises or any part
thereof; or (iv) permit the use or occupancy of the Leased Premises or any part thereof
IRI N 4.A7
XI.. LIENS AND ENCUMBRANCES
11.0 Encumbering Title. Tenant shall not do any act which shall In any way encumber
the title of Landlord In and to the Leased Premises or the Real Estate, nor shall the interest
or estate of Landlord in the Leased Premises or the Real Estate be In any way subject to any
claim by way of lien or encumbrance, whether by operation of law or by virtue of any express
or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real
Estate arising from any act or omission of Tenant shall accrue only against the leasehold
estate of Tenant and shall be subject and subordinate to the paramount title and rights of
Landlord in and to the Leased Premises and the Real Estate.
11.1 Liens and Right to Contest. Tenant shall not permit the Leased Premises or the
Real Estate to become subject to any mechanics', laborers' or materialmen's lien on account
of labor or material furnished to Tenant or claimed to have been furnished to Tenant In
connection with work of any character performed or claimed to have been performed on the
Leased Premises by, or at the direction or sufferance of Tenant; provided, however, that
Tenant shall have the right to contest, in good faith and with reasonable diligence, the
validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may
be deemed satisfactory to Landlord to assure payment thereof and to prevent any sale,
foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of nonpayment
thereof; provided further, that on final determination of the lien or claim for lien, Tenant shall
immediately pay any judgment rendered. with all proper costs and charges, and shall have
the lien released and any judgment satisfied.
XII. UTILITIES
12.0 Utilities.
(a) Tenant shall purchase all utility services, Including but not limited to fuel and
electricity, lwi•sMMrii water and sewerage, from the utility or municipality providing
such service, and shall pay (or such services when such payments are due, ins — 11
XIII. INDEMNITY AND WAIVER
13.0 Indemnity.
(a) Tenant will protect, indemnify and save harmless Landlord
from and against all liabilities, obligations, claims, damages, penalties, causes of action,
costs and expenses (Including without limitation, reasonable attorneys' fees and
expenses) imposed upon or incurred by or asserted against Landlord by reason of (I)
any accident, injury to or death of persons or loss of or damage to property occurring on
or about the Leased Premises or resulting from any act or omission of Tenant or anyone
claiming by, through, or under Tenant; (ii ) any failure on the part of Tenant to perform
or comply with any of the terms of this Lease; or (lit) performance of any labor or
services or the furnishing of any materials or other property in respect of the Leased
Premises or any part thereof.
ISLN 4 -8T
(b) Tenant will protect, Indemnify and save harmless Landlord from and against all
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(Including without limitation, reasonable attorneys' fees and expenses) of whatever
kind or nature, contingent or otherwise, known or unknown. Incurred or imposed, based
upon any statute, regulation or common law of Federal, state or local government,
pertaining to health, safety or environmental protection and relating to or resulting from
any environmental condition which Is caused or contributed to by the use or occupancy
of the Leased Premises by Tenant or any party claiming by, through or under Tenant.
Landlord may conduct tests In and about the Leased Premises for the purpose of
determining the presence of any environmental condition. 11 such tests Indicate the
presence of an environmental condition so caused or contributed to, Tenant shall, in
addition to its other obligations hereunder, reimburse Landlord for the cost of
conducting such tests. The phrase "environmental condition" shall mean any adverse
condition relating to surface water, ground water, drinking water supply, land, surface or
subsurface strata or the ambient air, and includes, without limitation, air, land and water
pollutants, noise, vibration, light and odors. In the event of any such environmental
condition, Tenant shall promptly and at Its sole cost and expense, take any and all steps
necessary to rectify the same, complying with the provisions of Section 9.2(b) hereof, or
shall, at Landlord's election, reimburse Landlord for the cost to Landlord of performing
rectifying work. The reimbursement shall be paid Landlord in advance of Landlord's
performing such work, based upon Landlord's reasonable estimate of the cost thereof
and upon completion of such work ,by Landlord, Tenant shall pay to Landlord any
shortfall promptly after Landlord bills Tenant therefor, or Landlord shall promptly refund
to Tenant any excess deposit, as the case may be.
(c) In case any action, suit or proceeding is brought against Landlord by reason of
any occurrence described In this Section 13.0, Tenant will, at Tenant's expense, by
counsel approved by Landlord, resist and defend such action, suit or proceeding, or
cause the same to be resisted and defended. The obligations of Tenant under this
Section 13.0 shall survive the expiration or earlier termination of this Lease.
13.1 Waiver of Certain Claims. All property belonging to Tenant or any occupant of
the Leased Premises that Is in or on any part of the Real Estate shall be there at the risk of
Tenant or of such other person only, and Landlord shall not be liable for any damage thereto
or for the theft or misappropriation thereof. Tenant waives all claims It may have against
Landlord for damage or Injury to property sustained by Tenant or any persons claiming
through Tenant or by any occupant of the Leased Premises, or by any other person, resulting
from any part of the Real Estate or any of Its Improvements, equipment or appurtenances
becoming out of repair, or resulting from any accident on or about the Real Estate, or
resulting directly or indirectly from any act or neglect of any tenant or occupant of any part of
the Real Estate or of any other person, Including Landlord to the extent permitted by law.
This Section 13.1 shall Include, but not by way of limitation, damage caused by water, snow,
frost, steam, excessive heat or cold, sewage, gas, odors, or noise, or caused by bursting or
leaking of pipes or plumbing fixtures, and shall apply equally whether any such damage !�
results from the act or neglect of Tenant or of other tenants, or occupants of any part of the
Real Estate or of any other person, Including Landlord to the extent permitted by law, and
whether such damage be caused by or result from any thing or circumstance above
mentioned or referred to, or to any other thing or circumstance whether of a like nature or of
a wholly different nature.
XIV. RIGHTS RESERVED TO LANDLORD
14.0 Rights Reserved to Landlord. Without limiting any other rights reserved or
available to Landlord under this Lease, at law or In equity, Landlord,
ften! reserves the following rights to be exercised at Landlord's election:
(b) To Inspect the Leased Premises and to make repairs, additions or alterations to the
Leased• Premises or the building of which the Leased Premises are a part,
specifically including, but without limiting the generality of the foregoing, to make
repairs, additions or alterations within the Leased' Premises to mechanical, elec-
trical, and other facilities serving other premises in the building of which the Leased
Premises are a part or other parts of the Real Estate;
(c) To show the Leased Premises to prospective purchasers, mortgagees, or other
persons having a legitimate Interest In viewing the same, and, at any time within one
(1) year prior to the expiration of the Lease term, to persons wishing to rent the
Leased Premises;
fd) BtlFiAl 114S 1804 loop a! ft leseee4epral is pleas and FRaIRIelA 11--
ep !he Real Some!
(1) Te pines and iminial i "Fe. Sale" sig -9 on ihe Real isiais aA4 em he A-MOOMOF
ISLN 4 -87 9
D CD
Landlord may enter upon the Leased Premises for any and all of said purposes and may
exercise any and all of the foregoing rights hereby reserved, during normal business hours
unless an emergency exists, without being deemed guilty of any eviction or disturbance of
Tenant's use or possession of the Leased Premises, and without being liable in any manner
to Tenant.
XV. QUIET ENJOYMENT
15.0 Quiet Enjoyment. So long as Tenant Is not In default under the covenants and
agreements of this Lease, Tenant's quiet and peaceable enjoyment of the Leased Premises
shall not be disturbed or interfered with by Landlord or by any person claiming by, through
or under Landlord.
XVII. SURRENDER
17.0 Surrender. Upon the termination of this Lease, whether by forfeiture. lapse of
time or otherwise, or upon termination of Tenant's right to possession of the Leased
Premises, Tenant will at once surrender and deliver up the Leased Premises, together with
all improvements thereon, to Landlord, in good condition and repair, reasonable wear and I
tear and loss by fire or other casualty excepted; conditions existing because of Tenant's
failure to perform maintenance, repairs or replacements as required herein, or to have in
force a maintenance contract as required by Section 9.1(b) hereof, shall not be deemed
"reasonable wear and tear ". Tenant shall deliver4en%WwWall keys to all doors therein. -As
used herein, the term "Improvements" shall include, without limitation, all plumbing, lighting,
electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as
said term Is defined In Section 9.2 hereof) whether or not permitted under said Section 9.2.
All Alterations, temporary or permanent, made In or upon the Leased Premises by Tenant
shall become Landlord's property and shall remain upon the Leased Premises on any such
termination without compensation, allowance or credit to Tenant, provided. 1+
Landlord shall have the right to require Tenant to remove any Alterations and t re the
Leased Premises to their condition prior to the making of such Alter , repairing any
damage occasioned by such removal and restoration. Sal shall _ be exercised by
Landlord's giving written notice thereof to Tenant on ore ten (10) days after any such
termination. If Landlord requires removal o terations and Tenant does not make such
removal in accordance with this S at the time of such termination, or within ten (10)
days after such request ver is later. Landlord may remove the same (and repair any
damage occasio ereby), and dispose thereof or, at its election, deliver the same to any
olhAr business of Tenant or warehouse the same. Tenant shall pay the costs of such
See insert on Page l0A
attached hereto.
17.1 Removal of Tenant's Property. Upon the termination of this Lease by lapse of
time, Tenant shall remove Tenant's articles of personal property incident to Tenant's
business ( "Trade Fixtures ") ; provided, however, that Tenant shall repair any injury or
damage to the Leased Premises which may result from such removal, and shall restore the
Leased Premises to the same condition as prior to the installation thereof. If Tenant does
not remove Tenant's Trade Fixtures from the Leased Premises prior to the expiration or
earlier termination of the Lease term, Landlord, may, at its option, remove the same (and
repair any damage occasioned thereby) and dispose thereof or deliver the same to any
other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of
such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may
treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a Bill of
Sale, without further payment o- credit by Landlord to Tenant. See insert on Page" l0A
attached hereto.
ISLN 4 -81 10
INSERT TO SECTION 17.0
Notwithstanding any other provision herein to the contrary, upon
the termination of this Lease, Tenant shall make all required
repairs and replacements to the Leased Premises, unless Tenant
and Landlord agree that any such repairs and /or replacements will
not be required. Prior to Tenant's vacation of the Leased
Premises, Tenant and Landlord agree to make a joint inspection of
the Leased Premises and to determine in good faith what repairs
and /or replacements will IV not be required. In determining
whether any particular repairs and /or replacements are not
required, Landlord agrees to consider all relevant factors,
including the proposed use of the Leased Premises.
INSERT TO SECTION 17.1
Notwithstanding any other provisions herein to the contrary,
Tenant may remove the following property and improvements:
1. All furniture and appliances owned by the Deerfield -
Bannockburn Fire Department
2. Centracom radio console
3. Merlin telephone system
4. Scan -Am intercom system
5. Various size bulletin boards (7)
6. White marker board (1)
7. Brass slide pole and railings
8. Electric cord reels (8)
9. Hose storage rack,
10. Station air compressor
1
11. 45 kw emergency generator and control box
12. Breathing air compressor with control box
13. Wall mounted gear storage racks (30)
14. Custom cabinets above file cabinets (8 units)
15. Files cabinets (10)
16. Ceiling fans with.control switch (6)
- 10A -
0 0
17.2 Holding Over. Tenant shall have no right to occupy the Leased Premises or any
portion thereof after the expiration of the Lease or after termination of the Lease or of
Tenant's right to possession pursuant to Section 18.0 hereof. In the event Tenant or any
party claiming by, through or under Tenant holds over. Landlord may exercise any and all
remedies available to it at law or in equity to recover possession of the Leased Premises, and
for damages. For each and every month or partial month that Tenant or any party claiming
by, through or under Tenant remains in occupancy of all or any portion of the Leased
Premises after the expiration of the Lease or after termination of the Lease or Tenant's right
to possession, Tenant shall pay, as minimum damages and not as a penalty, monthly rental
at a rate,
The acceptance by Landlord of any lesser sum shall be construed as a payment
and not in satisfaction of damages for such holding over.
18.0 Defaults. Tenant agrees that any one or more of the following events shall be
considered events of default as said term Is used herein:
as properly filed, a petition or answer filed against Tenant as a on of
Tenant under the Federal bankruptcy laws a ter amended, or under
the laws of any state, shat n any such decree or judgment or order
shall not cated or set aside within sixty (60) days from the date of
contained In any petition In bankruptcy or any petition purporting to
be pursuant to the Federal bankruptcy I w or hereafter amended, or
Tenant shall Institute any proc s all give its consent to the institution of
any proceedings f of Tenant under any bankruptcy or Insolvency laws or
any I g to the relief of debtors, readjustment of Indebtedness, reorganize-
�ft�
(f) Tenant shell abandon the Leased Premises or vacate the same during the term
hereof; or
(g) Tenant shall default In any payment of rent or In any other payment required .to be
made by Tenant hereunder when due as herein provided (all of which other
payments shall be deemed "additional rent" payable hereunder), or shall default
under Sections 6.0 or 6.1 hereof, and any such default shall continue for five (5)
days after notice thereof In writing to Tenant; or
(h) Tenant shall fail to contest the validity of any. lien or claimed lien and give security to
Landlord to assure payment thereof, or, having commenced to contest the same
and having, given such security, shall fail to prosecute such contest with diligence,
or shall fail to have the same released and satisfy any judgment rendered thereon,
and such default continues for ten (10). days after notice thereof in writing to
Tenant; or
(1) Tenant shall default In keeping, observing or performing any of the other covenants
or agreements herein contained to be kept, observed and performed by Tenant,
and such default shall continue for thirty (30) days after notice thereof in writing to
Tenant, or
(j) Tenant shall repeatedly be late In the payment of rent or other charges required to
be paid hereunder or shall repeatedly default in the keeping, observing, or
performing of any other covenants or agreements herein contained to be kept,
observed or performed by Tenant (provided notice of such payment or other
defaults shall have been given to Tenant, but whether or not Tenant shall have
timely cured any such payment or other defaults of which notice was given) .
ISLN 4 -87 11
• 0 t, .1
18.1 Remedies. Upon the occurrence of any one or more of such events of default,
Landlord may at Its election terminate this Lease
Upon termination of the Lease.
Tenant shall surrender
possession and vacate the Leased Premises Immediately, and deliver possession thereof to
Landlord, and hereby grants to Landlord the full and free right, without demand or notice of
any kind to Tenant (except as hereinabove expressly provided for), to enter into and upon
the Leased Premises in such event with or without process of law and to repossess _the
Leased Premises as Landlord's former estate and to expel or remove Tenant and any others
who may be occupying or within the Leased Premises without being deemed in any manner
guilty of trespass, eviction, or forcible entry or detalner, without incurring any liability for any
damage resulting therefrom and without relinquishing Landlord's rights to rent or any other
right given to Landlord hereunder or by operation of law. Upon termination of the Lease,
Landlord shall be entitled to recover as damages all rent and other sums due and payable by
Tenant on the date of termination, plus
the cost of performing any other
covenants to be performed by Tenant.
possession only without terminating the Lease, Landlord may, at Landlord's option, er
into the Leased Premises, remove Tenant's signs and other evidences of tenancy, take
and hold possession thereof as hereinabove provided, without such entry and ssession
terminating the Lease or releasing Tenant, In whole or in part, from Tenant' Ilgatlons to
pay the rent hereunder for the full term or from any other of Its obligation der this Lease.
Landlord may relet all or any part of the Leased Premises for such rent d upon such terms
as shall be satisfactory to Landlord (including the right to relet th eased Premises for a
term greater or lesser than that remaining under the Lease ter and the right to relet the
Leased Premises as a part of a larger area, and the right t hangs the character or use
made of the Leased Premises). For the purpose of such r sting, Landlord may decorate or
make any repairs, changes, alterations or additions In o the Leased Premises that may tie
necessary or convenient. If Landlord does not relet a Leased Premises, Tenant shall pay to
Landlord on demand damages equal to the a nt of the rent, and other sums provided
herein to be paid by Tenant for the remainde the Lease term. If the Leased Premises are
relet and a sufficient sum shall not be r 12ed from. such reletting after paying all of the
expenses of such decorations, repairs anges, alterations, additlons, the expenses of such
reletting and the collection of th nt accruing therefrom ( including, but not by way of
limitation, attorneys' fees and ers' commissions). to satisfy the rent and other charges
herein provided to be paid f he remainder of the Lease term, Tenant shall pay to Landlord
on demand any deficienc nd Tenant agrees that Landlord may file suit to recover any sums
falling due under the ms of this Section from time to time. Landlord shall use reasonable
efforts to mitigate damages arising out of Tenant's default; Landlord shall not be deemed .
to have failed t se such reasonable efforts by reason of the fact that Landlord has leased i.
or sought t ase other vacant premises owned by Landlord (or Landlord's beneficiary, it
Landlor4x an Illinois land trust), whether on the Real Estate or not. In preference to
relet94 the Leased Premises, or by reason of the fact that Landlord has sought to relet the
2=d Premises at a rental rate higher than that payable by Tenant under the Lease ( but
Ii Tenant shall default under Section
18.0(1) and If such default cannot with due diligence be cured within said period of thirty
(30) days after notice in writing shall have been given to Tenant, and if Tenant promptly
commences to eliminate the causes of such default, then Landlord shall not have the right to
declare said term ended by reason of such default or to repossess without terminating the
Lease so long as Tenant Is proceeding diligently and with reasonable dispatch to take all
steps and do all work required to cure such default, and does so cure such default, provided,
however, that the curing of any default in such manner shall not be construed to limit or
restrict the right of Landlord to declare the said term ended or to repossess without
terminating the Lease, and to enforce all of its rights and remedies hereunder for any other
default not timely cured.
18.2 Remedies Cumulative. No remedy herein or otherwise conferred upon or
reserved to Landlord shall be considered to exclude or suspend any other remedy but the
same shall be cumulative and shall be in addition to every other remedy given hereunder, or
now or hereafter existing at law or In equity or by statute, and every power and remedy given
by this Lease to Landlord may be exercised from time to time and so often as occasion may
arise or as may be deemed expedient.
18.3 No Waiver. No delay or omission of Landlord to exercise any right or power
arising from any default shall impair any such right or power or be construed to be a waiver
of any such default or any acquiescence therein. No waiver of any breach of any of the
covenants of this Lease shall be construed, taken or held to be a waiver of any other breach,
or as a waiver, acquiescence in or consent to any further or succeeding breach of the same
covenant. The acceptance by Landlord of any payment of rent or other charges hereunder
ISLN 4 -87 12
0 :.;
after the termination by Landlord of this Lease
shall not, In the absence of agreement in writing to the 'ontrary by Landlord, be deemed to
restore this Lease , but shall
be construed as a payment on account, and not in satisfaction of damages due from Tenant
to Landlord.
covenants and conditions in this Lease set forth and contained on the part of the Ten t to
be fulfilled, kept, observed and performed, Including, but without limiting the gene lily of
the foregoing, such terms, covenants and conditions in this Lease which become plicable
upon the expiration or termination of the same or upon termination of Ten 's right to
possession pursuant to Section 18.1 of the Lease, Tenant has deposite erewith the
Security Deposit with Agent on the understanding: (a) that the Securit eposit or any
portion thereof not previously applied, or from time to time such other p ons thereof, may
be applied to the curing of any default that may then exist, without judice to any other
remedy or remedies which Landlord may have on account th eof, and upon such
application Tenant shall pay Agent on demand the amount so ap ed which shall be added
to the Security Deposit so the same may be restored to Its orig' 1 amount; (b) that should
the Leased Premises be conveyed by Landlord or should Ag cease to be the agent of the
beneficiary or beneficiaries of Landlord, the Security De sit or any portion thereof not
previously applied may be turned over to Landlord's gr ee or the new agent, as the case
may be, and if the same be turned over as aforesaid, nant hereby releases Landlord and
Agent from any and all liability with respect to the S urity Deposit and /or its application or
return, and Tenant agrees to look to such grantee new agent, as the case may be, for such
application or return; (c) that' Landlord shall h e no personal liability with respect to said
sum and Tenant shall look exclusively to Age or Its successors pursuant to subsection (b)
hereof for return of said sum when Tena s entitled hereunder to such return; (d) that
Agent or its successor shall not be obli led to hold said Security Deposit as a separate
fund, but on the contrary may commi a the same with its other funds; (e) that If Tenant
shall faithfully fulfill, keep, perfor and observe all of the covenants, conditions, and
agreements in this Lease set fort nd contained on the part of Tenant to be fulfilled, kept,
performed and observed, the m deposited or the part or portion thereof not previously
applied shall be returned to nant without interest no later than thirty (30) days after the
expiration of the term of th ease or any renewal or extension thereof, provided Tenant has
v/8a the Leased Pr Ises and surrendered possession thereof to Landlord at the
eion of said ter or any extension or renewal thereof as provided herein; (f) in the
eat Landlord rminates the Lease or Tenant's right to possession pursuant to Section
1this Lease gent may apply the Security Deposit against all damages suffered to the
d such t mination and /or may retain the Security Deposit to apply against such
ds as ay be suffered or shall accrue thereafter by reason of Tenant's default; and
(the ent any bankruptcy, insolvency, reorganization or other credit - debtor proceed-
i be instituted by or against Tenant, or Its successors or assigns, the Security
Dshall be deemed to be applied first to the payment of any rents and /or other charges
dndlord for all periods prior to the Institution of such proceedings, and the balance, if
a the Security Deposit may be retained or paid to Landlord in partial liquidation of
XX. MISCELLANEOUS
written request therefor from Landlord, a copy of Tenant's the audited and
certified statement. R is mutually agreed may deliver a copy of such
statements to any mort a c ive mortgagee of Landlord, or any prospective
purchase state, but otherwise Landlord shall treat such statements and
less than ten ( 10) days' prior written request from Landlord, execute, ac_kk a and
deliver to Landlord, in form reasonably satisfactory to Landlord an �ndlord's mort-
gagee, a written statement certifying (it true) that Te s accepted the Leased
Premises, that this Lease is unmodified and inivawareltrand effect (or, if there have been
modifications, that the same is In lul and effect as modified and stating the
modifications), that Landlord I default hereunder, the date to which the rental and
other charges have be in advance, if any, and such other accurate certifications as
may reasona equired by Landlord or Landlord's mortgagee, agreeing to give copies
to a gagee of Landlord of all notices by Tenant to Landlord and agreeing to afford
ISLN 4 -87 13
it
20.2 Landlord's Right to Cure. Landlord may, but shall not be obligated to, cure any
default by Tenant (specifically Including, but not by way of limitation, Tenant's failure to
obtain Insurance, make repairs, or satisfy lien claims); and whenever Landlord so elects, all
.costs and expenses paid by Landlord in curing such default, Including without limitation
reasonable attorneys' fees, shall be so much additional rent due on the next rent date after
such payment together with interest ( except In the case of said attorneys' lees) at the
highest rate then.payable by Tenant in the state in which the Leased Premises are located or,
In the absence of such a maximum rate, at a rate per annum equal to two percent (2 %) in
excess of the announced base rate of Interest of American National Bank and Trust
Company of Chicago In effect on the date of such advance, from the date of the advance to
the date of repayment by Tenant to Landlord.
20.3 Amendments Must Be in Writing. None of the covenants, terms or conditions of
this Lease, to be kept and performed by either party, shall In any manner be altered, waived,
modified, changed or abandoned except by a written Instrument, duly signed and delivered
by the other party.
20.4 Notices. All notices to or demands upon Landlord or Tenant desired or required
to be given under any of the provisions hereof shall be In writing. Any notices or demands
from Landlord to Tenant shall be deemed to have been duly and sufficiently given if a copy
thereof has been mailed by United States registered or certified mail In an envelope property
stamped and addressed, or sent by courier service, with receipt, to Tenant at Tenant's
Address or at such other address as Tenant may theretofore have designated by written
notice to Landlord, and any notices or demands from Tenant to Landlord shall be deemed to
have been duly and sufficiently given if mailed by United States registered or certified mail In
an envelope properly stamped and addressed, or sent by courier service, with receipt, to
Landlord at Landlord's address or at such other address or to such other agent as Landlord
ernOwjwO may theretofore have designated by written notice to Tenant,
The effective date of any mailed notice shall be one (1) day after
delivery of the same to the United States Postal Service.
20.5 Short Form Lease. This Lease shall not be recorded, but the parties agree, at the
request of either of them, to execute a Short Form Lease for recording, containing the names
of the parties, the legal description and the term of the Lease.
20.8 Time of Essence. Time Is of the essence of this Lease, and all provisions herein
relating thereto shall be strictly construed.
20.7 Relationshi of Parties. Nothing contained herein shall be deemed or construed ,
P 9 ,c
by the parties hereto, nor by any third party, as creating the relationship of principal and.
agent or of partnership, or of Joint venture, by the parties hereto, It being understood and
agreed that no provision contained in this Lease or any acts of the parties hereto shall be
deemed to create any relationship other than the relationship of landlord and tenant.
20.8 Captions. The captions of this Lease are for convenience only and are not to be
construed as part of this Lease and shall not be construed as defining or limiting in any way
the scope or Intent of the provisions hereof.
20.9 Severability. If any term or provision of this Lease shall to any extent be held
Invalid or unenforceable, the remaining terms and provisions of this Lease shall not be
affected thereby, but each term and provision of this Lease shall be valid and be enforced to
the fullest extent permitted by law.
20.10 Law Applicable. This Lease shall be construed and enforced In accordance with
the laws of the state where the Leased Premises are located.
20.11 Covenants Binding on Successors. All of the covenants, agreements, condi-
tions and undertakings contained In this Lease shall extend and Inure to and be binding upon
the heirs, executors, administrators, successors and assigns of the respective parties hereto,
the same as it they were in every case specifically named, and wherever in this Lease
reference is made to either of the parties hereto, it shall be held to include and apply to,
wherever applicable, the heirs, executors, administrators, successors and assigns of such
party. Nothing herein contained shall be construed to grant or confer upon any person or
persons, firm, corporation or governmental authority, other than the parties hereto, their
heirs, executors, administrators, successors and assigns, any right, claim or privilege by
virtue of any covenant, agreement, condition or undertaking in this Lease contained.
20.12 Brokerage. Tenant warrants that it has had no dealings with any broker or agent
in connection with this Lease
Tenant covenants to pay, hold
harmless, indemnify and defend Landlord from and against any and all costs, expenses or
liability for any compensation, commissions and charges claimed by any broker or agent
with respect to this I ease or the negotiation thereof.
ISLN 4 -87 14
20.13 Landlord Means Owner. The term "Landlord" as used In this Lease, so far as
covenants or obligations on the part of Landlord are concerned, shall be limited to mean and
Include only the owner or owners at the time in question of the fee of the Real Estate, and In
the event of any transfer or transfers of the title to such fee, Landlord herein named (and In
case of any subsequent transfer or conveyances, the then grantor) shall be automatically
freed and relieved, from and after the date of such transfer or conveyance, of all liability as
respects the performance of any covenants or obligations on the part of Landlord contained
In this Lease thereafter to be performed; provided that -any funds In the hands of such
Landlord or the then grantor at the time of such transfer, in which Tenant has an Interest,
shall be turned over to the grantee, and any amount then due and payable to Tenant by
Landlord or the then grantor under any provisions of this Lease shall be paid to Tenant.
should require, as a condition precedent to the closing of any loan or the disburs any
money under any loan, that this Lease be amended or supplemented In any er (other
than in the description of the Leased Premises, the term, the purpose W" rent or other
changes hereunder, or In any other regard as will substantially or ally affect the rights
of Tenant under this Lease), Landlord shall give written n thereof to Tenant, which
notice shall be accompanied by a Lease Supplement ment embodying such amend-
ments and supplements. Tenant shall, within t 0) days after the effective date of
Landlord's notice, either consent to such dments and supplements ( which consent
shall not be unreasonably withheld) xecute the tendered Lease Supplement Agree-
ment, or deliver to Landlord a w statement of Its reason or reasons for refusing to so
consent and execute. Fallu enant to respond within said ten (10) day period shall be a
default under this Le ithout further notice. If Landlord and Tenant are then unable to
agree on a Le upplement Agreement satisfactory to each of them and to the lender
within thir ) days after delivery of Tenant's written statement, Landlord shall have the
righ erminate this Lease within sixty (60) days after the end of said thirty (30) day
on the Real Estate is allocated to the tenants thereof on an unreserved b enant, Its
employees and' invitees may use not more than the Nu r Ing Spaces thereon. ;
Landlord shall have no obligation to Tenant t arking limitations Imposed on other
tenants on the Real Estate. If To parking in excess of that provided for herein, and j
If such excess use a regular basis, and if Tenant tails, after written notice from .
Landl ce Its excess use of the parking areas, then such excess use shall constitute
20.17 Force Ma jeure. Landlord shall not be deemed in default with respect to any of
the terms, covenants and conditions of this Lease on Landlord's part to be performed, it
Landlord's failure to timely perform same is due in whole or In part to any strike, lockout,
labor trouble (whether legal or illegal), civil disorder, failure of power, restrictive govern-
mental laws and regulations, riots, Insurrections, war, shortages, accidents, casualties, acts
of God, acts caused directly by Tenant or Tenant's agents. employees and Invitees, or any
other cause beyond the reasonable control of the Landlord.
20.19 Landlord's Expenses. Tenant agrees to pay on demand Landlord's expenses,
Including reasonable attorneys' fees, expenses and administrative hearing and court costs
Incurred either directly or Indirectly In enforcing any obligation of Tenant under this Lease, in
curing any default by Tenant as provided in Section 20.2, in connection with appearing,
defending or otherwise participating In Any action or proceeding arising from the filing.
Imposition, contesting, discharging or satisfaction of any lien or claim for lien, in defending or
otherwise participating in any legal proceedings initiated by or on behalf of Tenant wherein
Landlord is not adjudicated to be In default under this Lease, or In connection with any
Investigation or review of any conditions or documents in the event Tenant requests
Landlord's approval or consent to any action of Tenant which may be desired by Tenant or
required of Tenant hereunder.
20.19 Execution of Lease by Landlord. The submission of this document for
examination and negotiation does not constitute an offer to lease, or a reservation of, or
option for, the Leased Premises and this document shall become effective and binding only
upon the exectuion and delivery hereof by Landlord and by Tenant. All negotiations,
considerations, representations and understandings between Landlord and Tenant are
Incorporated herein.
20.20 Tenant's Authorisation. If Tenant Is a corporation, partnership, association or
any other entity, Tenant shall furnish to Landlord, within ten (10) days after written request
therefor from Landlord, certified resolutions of Tenant's directors or other governing person
ISLN 4 -87 15
No
or body authorizing execution and delivery of this Lease and performance by Tenant of Its
obligations hereunder, and evidencing that the person who physically executed the Lease on
behalf of Tenant was duly authorized to do so.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day and
year first above written.
Landlord
Village of Deerfield
By
Attest: if President
Tenant
Clerk t
Deerfield - Bannockburn fire Protection District
By:
ISLN 4 -87 16
ACKNOWLEDGMENTS
(It Tenant Is an Individual or Partnership)
STATE OF SS.
COUNTY OF
I, , a Notary Public in and for the County,
in the Slate aforesaid, do hereby certify that 7.
personally known to me to be the same person(s) whose name(s) is /are subscribed to
the foregoing instrument, appeared before me this day in person and acknowledged that
he /they signed, sealed and delivered the said Instrument ash /their free and
voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal day of ,
19
Notary Public
(If Landlord is an Individual or Partnership)
STATE OF SS.
COUNTY OF
- I, , a Notary Public In and for said
County. In the State aforesaid, do hereby certify that
personally known to me to be the same person (s) whose name (s) is/ are subscribed to
the foregoing Instrument, appeared before me this day In person and acknowledged that
he /they signed, sealed and delivered the said instrument ash /their free and
voluntary act. for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of ,
19
Notary Public
ISLN 4 -87
It
ACKNOWLEDGMENTS
(If Tenant Is a Corporation)
STATE OF SS.
COUNTY OF
I, , a Notary Public in and for said
County, In the State aforesaid, do hereby certify that
personally known to me to be the President of
a corporation, duly licensed to transact business in the State of
and ,
personally known to me to be the Secretary of said corporation
and personally known to me to be the persons whose names are subscribed to the foregoing
Instrument, appeared before me this day In person and severally acknowledged that they
signed and delivered the said Instrument as President and
Secretary of said corporation, and caused the Corporate Seal of said corporation to be
affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as
their free and voluntary act and as the free and voluntary act and deed of said corporation,
for the uses and purposes therein set forth.
19
GIVEN under my hand and Notarial Seal this day of ,
(If Landlord Is a Corporation or a Corporate Land Trustee)
STATE OF SS.
COUNTY OF
I,
County, in the State aforesaid, do hereby certify that
, personally known to me to be
Notary Public
a Notary Public in and for said
the
President of
a corporation, duly licensed to transact business In the State of
and
personally known to me to be the Secretary of said corporation
and personally known to me to be the persons whose names are subscribed to the foregoing
instrument, appeared before me this day In person and severally acknowledged that they
signed and delivered the said Instrument as President and
Secretary of said corporation, and caused the Corporate Seal of said corporation to be
affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as
their free and voluntary act and as the free and voluntary act and deed of said corporation
for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of ,
19
ISLN 4 -8T
Notary Public
0
SCHEDULE 1
The following work will be required In accordance with the maintenance contract
required In Article IX of the above Lease:
1. Check performance of all major components.
2. Lubricate moving parts as required.
3. Check refrigerant charges (during cooling season).
4. Inspect for oil and refrigerant leaks.
5. Check operating and safety controls.
6. Check pressures and temperatures.
7. Inspect condensers.
S. Inspect fans, motors and starters.
9. Tighten electrical connections at equipment.
10. Test amperages and voltages.
11. Check belts and drives.
12. Change oil and filters, or dryers, as required.
13. Check temperature on control system.
14. Thoroughly inspect heat exchanger.
ISLN 4 -87
AKB \22303.3 3/28/95
EXHIBIT D
Property not being acquired by the Village
1.
All furniture and appliances owned by
the Deerfield -
Bannockburn Fire Department
2.
Centracom radio console
3.
Merlin telephone system
4.
Scan -Am intercom system
5.
Various size bulletin boards (7)
6.
White marker board (1)
7.
Brass slide pole and railings
8.
Electric cord reels (8)
9.
Hose storage rack
10.
Station air compressor
11.
45 kw emergency generator and control
box
12.
Breathing air compressor with control
box
13.
Wall mounted gear storage racks (30)
14.
Custom cabinets above file cabinets (8
units)
15.
Files cabinets (10)
16.
Ceiling fans with control switch (6)
AKB \22303.3 3/28/95