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HomeMy WebLinkAboutRes 29-82 03/16/1982 ¡ I I i / 'cV ,. "'.'; ,- ..,," ,,~-, ,;.. . .. RESOLÜTIÖN NO. 29-82 A RESOLUTION AUTHORIZING THE USE OF MELAS PARK FOR RECREATION PROGRAMS BY THE ARLINGTON HEIGHTS AND THE MOUNT PROSPECT PARK DISTRICTS I WHEREAS, the Village of Mount Prospect has heretofore I entered into an Agreement with the Metropolitan Sanitary District of Greater Chicago and the Village of Arlington I Heights relative to the use of the retention basin and surrounding recreational area commonly known as the Mount Prospect Retention Reservoir and Melas Park; said Agree- ment being dated May 1, 1981 and amended on Septemer 24, 1981; and I WHEREAS, the Village of Mount Prospect has been requested ¡¡by the Arlington Heights and the Mount Prospect Park Districts Ito allow them joint recreational access to Melas Park for the '¡purpose, among other things of developing, at their own expense, I and using Melas Park as a recreational area, with soccer, foot- ¡ball, softball, and baseball fields provided in the eastern section of the Park and a picnic and playground area provided in the western section of the Park, all as designated on the attached site drawing, labelled Exhibit A and made a part of this Resolution by reference; and WHEREAS, the Mayor and Board of Trustees of the Village lof Mount Prospect do advocate the use of open space areas for ,public purposes, and do believe it to be in the best interests Ilof the Village that Melas Park by the said Park Districts has !been presented to the Mayor and Board of Trustees of this Village, ¡a copy of which Agreement, labelled Exhibit B is attached hereto and made a part of this Resolution by reference, I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Agreement entitled An Agreement Between. the Village of Mount Prospect a~d the Mount Prospect Park District and the Arlington Heights Park District for the Temporary Recrea- tional Use of Mount Prospect Retention Reservoir, Cook County, Illinois, Project 690308-2F(Melas Park) in substance as attached: I ereto as Exhibit B is approved, and the Mayor and the Village' Llerk are hereby authorized and directed to execute said Agreement ~nd to attach thereto under the seal of this Village. SECTION TWO: The said Agreement shall take effect upon he execution by the duly authorized officials of the Mount I rospect Park District and the Arlington Heights Park District, nd this Resolution shall be in full force and effect upon its assage and approval in accordance with law. /7 û C~1M II ~~ MAYOR AND APPROVED this 16th. day of March , 1982. Arthur, Farley, Floros, Miller, Murauskis, Wattenberg None SENT: None ~TTE~T' I! ~.., ,"\-4 - ..(J'ì-¡¡J/ /1/1/ . ,>a1~- ! .!~C.4- illage Clerk . . ..,. :. ,~ ~. . ...... 0660B - _,,-/81 - DCN AMENDATORY AGREEMENT between the METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO and the VILLAGE OF MOUNT PROSPECT, ILLINOIS . and the VILLAGE OF ARLINGTON HEIGHTS, ILLINOIS . for the MOUNT PROSPECT RETENTION RESERVOIR COOK COUNTY, ILLINOIS PROJECT 69-308-2F . THIS AGREEHENT, made and entered into thisoÎV,%-;;y of Serf" t~~ Þ~r, 199(, by and between THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a municipal corporation, hereinafter referred to as the "District", and the VILLAGE OF MOUNT PROSPECT, ILLINOIS and the VILLAGE OF ARLINGTON HEIGHTS, ILLINOIS, municipal corporations, hereinafter referred to as "Mount Prospect" and _"Arlington Heights, respectively and individually and sometimes col~ectively referred to as "the VILLAGES". WIT N E SSE T H WHEREAS, all the parties hereto are legal entities organized and existing under the laws of the State of Illinois, and having among their powers, the constr~ction, maintenance and operation of flood control facilities; and WHEREAS, the parties have heretofore entered into an agreement ("Agreement") dated t~e 20th day of February, 1975 and amended on March 10,1977, wherein the District, inter alia, agreed to construct and the villages agreed to maintain the Hount Prospect Retention Reservoir ("Reservoir"); and WHEREAS, said Agreement remains in full force and effect; and ~HEREAS, section 4 (a and b) of said Agreement establishes the maintenance, responsibilities of the villages with respect to said Reservoir; and WHEREAS, the Villages desire to modify the Agreement to allow . recreational and sport activities, including carnivals, fairs or fireworks displays sponsored by local civic organizations under the control and responsibility of the village of Mount Prospect; and .r-i\ r--\ . maintena:ç~ or~ the grounds per cohâitlons of the amefiðatory agreement dated March 10,1977, and will allow the Arlington Heights Park District and the Mount Prospect Park District to develop the land for recreational purposes which will be of benefit to residents of both communities; and WHEREAS, THE District has no objection to the-amen-dIDen~f-as-----_h~ .. -_. --- - --- stated under said Agreement to effect the aforesaid modification of land use; NOW, THEREFORE, for and in consideration of Ten and No/IOO Dollars ($lO.OO) and the promises, covenants and undertakings of the parties hereinafter contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. That the "Agreement between the Metropolitan Sanitary District of Greater Chicago and the Village of Mount Prospect, Illinois, and the Village of Arlington Heights, Illinois,' for the Mount Prospect Retention Reservoir, Cook County, Illinois, Project 69-308-2F" , dated February 20,1975 and amended on March 10, 1977, be the same is hereby further amended as follows: Paragraph 4 (a) "Maintenance" of said Agreement as amended, be altered so as to expand the allowable uses of the land as follows: SECTION ONE The District for an inconsideration of the payment of the fees hereto set forth and the covenants and agreements hereinafter contained, does hereby grant to the Village of Mount Prospect permission to use the Retention Reservoir permises as described and shown on Plat of Survey (dated 1~20-82) marked Exhibit A,in the Village of Mount Prospect, for recreational and sport activities, including - carnivals ~- fairs, firework displays sponsored by local civic organizations. The Village of Mount Prospect agrees that it /' will cooperate with the Mount Prospect Park District and the Arling- ton Heights Park District in land use development of this property for the benefit of residents of both communities. - 2 - . . . . " i"-t,' 11 SECTION TWO . The Village of Mount Prospect agrees and specifically under- stands that permission is confined solely to the non-exclusive privilege to the Village to use the premises set forth in Section One; that the authority and permission herein given does not thereby grant unto the Village any interest or estate in the said lands, but is a mere personal privilege to do certain acts on the lands of-the District and that the District retains dominion, possession, owner- ship and control of said lands, including access thereto at all times, and the right to enter upon the premises herein described for the ,purpose of making such surveys, soil borings or other purposes as may be deemed necessary by the District in the furtherance of its corporate purpose. SECTION THREE The District hereby reserves the right to terminate the recrea- tional use under this Amendatory Agreement at any time without cause and for any reason it deems proper, upon giving ninety (90) days notice, in writing, of such termination to the Village of Mount Prospect, and thereupon, the Village, at its expense, shall vacate said premises and remove its effects therefrom. In the event the Village uses or allows the premises to be used for any illegal or immoral purposes, or for any purpose other than that hereinabove specifically provided, or violates any of the pro- visions hereof, this Agreement may be terminated by the District. upon giving the Village three (3) days written notice to cease such improper activity and correct such violation, which Notice the Village fails or is unable to comply with and thereupon the Village of Mount Prospect shall forthwith vacate said premises and remove its effects therefrom, at its expense. The District shall not be liable for any loss, cost or damage incurred by the Village of Mount Prospect or by the Mount Prospect or Arlington Heights Park Districts or any other governmental body or civic organization by reason of the exercise of the right of the - 3 - ~, ,District ló' ~~~cel this Amendatory Ägreement. In the event of termination of such recreational use under this Amendatory Agreement, the provisions of the Agreement dated February 20, 1975 as amended on March 10,1977 shall remain in full force and effect. SECTION FOUR The Village of Mount Prospect shall be solely responsible. for and shall defend, indemnify, keep and save-harmless, the Village of Arlington Heights and the District, its Commissioners, officers, agents and employees, against all injuries, deaths, losses, damages, claims, patent claims liens, suits, liabilities, judgments, costs and expenses, which may in any wise accrue, directly or indirectly, against the Village of Arlington Heights and the District, its Commissioners, officers, agents or employees, in consequence of the granting of this permission, or which may in any wise result therefrom or from any work done thereunder, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the,Village, or Village employees, or of any contractor or subcontractor, or their employees, if any, or the Village of Arlington Heights or the District, its Commissioners, officers, agents and employees, and the Village of Mount Prospect shall, at its sole expense, appear, defend,. and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and ~f any judgment shall be rendered against the Village of Arlington Heights and the District, its Commissioners, officers, agents or employees, in any such action, the Village shall at Village's sole expense, satisfy and discharge the same. The Village, prior to entering upon said premises and using the same for the purposes for which this permission is issued, shall procure, maintain and keep in force, at Village's expense, Public Liability and property damage insuranèe in which the District, its Commissioners, officers, agents and employees, are a named insured from a company to be approved by the District, said policy with limits of not less than: Bodily Injury Liability Each Accident $3,000,000 Property Damage Liabilit~ Each Accident $1,000,000 Prior to using said premises, the Village of Mount Prospect shall furnish to the District certificates of such insurance or other - 4 - ','. . . ~ -..l. ,,\ f;r' ';../; . Prior toÞuslng said premises, the Village of Mount Prospect shall furnish to the District certificates of such insurance or other suitable evidence that such insurance coverage has been procured and -- is maintained in full force and effect. Such insurance shall provide that no change, modification in or cancellation of any insurance shall become effective until the expiration of ten (10) days after written notice thereof shall have been given by the insurance company to the District. The provisions of this Section shall in no wise limit the liability of the Village as set forth under the provisions of the first paragraph of Section Four. The Village of Mount Prospect expressly understands and agrees that the insurance protection required by this Agreement, or otherwise provided by the Village, shall in no way limit the responsibility of the Village to defend, indemnify, keep and save harmless the District, as hereinabove provided. SECTION FIVE It is further expressly understood that the District shall not be liable to the Village of Mount Prospect or to the Mount Prospect or Arlington Heights Park Districts for any loss, cost, or expense which the Village or such Districts may sustain by reason of any damage to its property or business caused by or growing out of the construction, repair, reconstruction, maintenance, existence, operation, or failure of any of the sewers, structures, or other works or equipment of the District now located or to be constructed on said premises, or on the land of the District adjacent to said premises. The Village of Mount Prospect also agrees that if the District incurs any additional expense for additional work which the District would not have had to incur if this Agreement had not been executed, then, in that event, the Village agrees to pay to the District such additional expense as determined by the Chief Engineer of the District, promptly upon rcndition of bills therefor to the Village of Mount Prospect. SECTION SIX The Villùge of Mount Prospect shall not erect or allow to be erected any structure of any type or kind upon said premis~s except with the consent, in writing, of tDr Chief En9ine~r first hùving uecn obtùined. . r " : .' using the same for the pu!poses granted by this Agreement shall, at it's sole cost and expense, obtain all permits, consents and licenses which may be required und~r any and all statutes, laws, ordinances and regulations of the Metropolitan Sànitary District of Greater Chicago, the state of Illinois, the County of Cook, or of its own municipal ordinances, and shall furnish to the District suitable evidence thereof. The Village covenants and agrees not to mai~~ain any nuisance on the demised premises or permit any noxious odors to emanate from the demised premises which shall be in any manner injurious to the health and comfort of persons residing or being in the vicinity of said premises, and the Village further covenants and agrees to keep the demised premises in a clean and sanitary condition. The village further covenants and agrees that it shall strictly comply with any and all statutes, laws, ordinances and regulations of the Metropolitan Sanitary District of Greater Chicago, the State of Illinois, the County of Cook, and its own municipal ordinances, which in any manner effect this Agreement, or any work done hereunder, or control or limit in any way the actions of the Village, its agents, and employees, or of any contractor or subcontractor of the village, or their employees with respect thereto. The Village further covenants and agrees that ~n or before the termination date of this Agreement the Village shall remove or cause to be removed, any ,and all debris on the premises, and any and all equipment, facilities, or other things erected or placed upon said premises, and will yield up said premises to the District in as good condition as when the same was entered upon by the Village of Mount Prospect. Upon the village's failure so to do,'the District may accomplish such removal at the sole expense and cost of the Village. SECTION SEVEN Any notice herein provided to be given shall b~ deemed properly served if delivered in writing personally or mailed by registered or certified mail, postage prepaid, return receipt requested, to the ./' . § - .'. ~ ~ . , rJ'\ r\. Distri~~care of the General 'Superintendent. DO East Erie '", street, Chicago, Illinois6Ò6iì~i;-"ortothe VIllage of Mount Prospect in care of: Terrance Burghard Village Manager Village of Mount Prospect 100 South Emerson street Mount Prospect, IL 60056 or to such other persons or addresses as either party may from time to time designate in writing. All other terms, provisions and conditions of said Agreement, except as herein modified and amended, shall remain in force and effect as set forth in the Agreement executed on February 20,1975, . and amended on March 10,1977. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate by their duly authorized officials, and to be duly attested and have caused their corporate seals to be affixed hereunto, all on the.day and year first above written. BY OF ARJ..INGTOU HEIGHTS VILLAGE OF MOUNT PROSPECT BY eodr II ~ Mayor ATTEST: k~ ybdcv Clerk - 7 - . : '. ' . . ~\ " , .' ATTEST: ?Jfl/,d kó7~ c erk' . @ /' " THE METROPOLI'rAN SANITARY DISTRICT OF GREATER CHICAGO BY on FJ.nance APPROVED AS TO ENGINEERING: !é-l ,(J/~ ¡(>~ Supervising EngJ.neer Sewer Design Flood !"~\ A APPROVED AS TO FORM AND LEGALITY: '~ß~ &- tor ney , ~~ -Z-I'-i'J.- A torney 7v7lt~~ " 'Genera SuperJ.ntendent - B - " ' .' '. . . J" . =, "', '., 0 ~ " . . =- ARLINGTON HEIGHT$ .N ~ . AVE. . 1-. i RD. . VILLAGE BOUNDARY , II MT. PROSPECT J cc 4Ot ~ ~ ci Q:: I- 0') Q::: ::> :x: ~ J lú FAIRVlEW AVE.. CENTRAL RD I I ~ EXISTING M.S.D. SEWER ~ MT. PROSPECT SITE OF PROPOSED MT PROSPECT RETENTION RESERVOIR CONTRACT 69-30B-2F '. EXHIBIT '" A . . . , . .. , . .1 . '" L E A S E A G R E E M E N T BETWEEN THE HETROPOLITl\N SANITARY DISTRICT OF GREATER CHICAGO AND THE VILk~GE OF MOUNT PROSPECT . . " '" " . . . Jm.1:jf / 6-l-8J LEA S E ----- THIS INDENTUP~, Made this 7th day of May , 1981, by and between THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a Municipal corporation organized and existing under the Laws of the State of Illinois (hereinafter designated the "Lessor"), authorized by an Order of the Board of Commissioners dated the 7th day of May, 1981, and the Village of Mount Prospect, a home rule unit of local govern~ent, (hereinafter designated the "Lessee"). WITNESSETH THAT: The Lessor for and in consideration of payments hereinafter reserved and of the covenants and agreements hereinafter contained, does hereby demise and lease unto said Lessee approximately 35.68 acres of the following described premises, together with any improvements situated thereon, in the Village of Mount Prospect, County of Cook, and State of Illinois, to-wit: (For Depiction of Premises, see Exhibit "A" which is attached hereto and made a part hereof.) TO HAVE AND TO HOLD the said premises for a term of ten (10) years, commencing on June 1, 1981, and terminating May 31, 1991, unless terminated sooner by virtue of the provisions hereunder, subject to all of the following terms and conditions: ARTICLE ONE Reservations -------------- 1. 01 The Lessor may terminate this lease or any portion thereof at any time and for any purpose it deems proper by giving ninety (90) days written notice thereof to the Lessee. . . " " , . . , ~ . -----:;": , , 1. 02 It is expressly covenanted by and between the parties hereto that the Lessor executes and delivers this Lease without representations or warranties whatsoever of its authority so to do, the Lessee having examined the title of the Lessor to the demised premises and being satisfied with such title at the date of delivery of this Lease and with the power and authority of the Lessor to execute and deliver this Lease. ( a) The Lessor agrees to use all reasonable efforts in good faith to protect the Lessee in the quiet and peaceable enjoyment of the said demised premises. 1. 03 It is expressly covenanted by the parties hereto that the Lessor executes and delivers this Lease without representa- tion or warranties concerning the buildíng and zoning laws affect- ing the premises. 1.04 It is expressly covenanted by the parties hereto: ( a) That in the event of any condemnation of the premises herein leased, of the leasehold here- in granted, or any part thereof, the entire condemnation award shall be the sole property of the Lessor, except for the actual value of the improvements made by Lessee during this Lease as of the date of the final judgment order in said condemnation proceedings; and in the event the whole tract is taken or so much of the tract is taken as to prohibit the operation or use of the leasehold premises by Lessee on the portion remaining impracticable, the Lessee shall be entitled to the cancellation of this Lease. - 2 - . 1.05 The sale or giving away of intoxicating liquors, gambling in any form, and the conducting of any unlawful activities on the demised premises are prohibited. However, this Section is not to be construed as permitting all uses or activities not speci- . fically prohibited. Use of the premises is limited and restricted to those specific uses set forth in Section 3.03. 1.06 Lessee agrees that no permanent structures will be con- structed on the premises. All temporary facilities necessary for the recreational developôent of the premises shall be subject to the prior written approval of Lessor's Chief Engineer. ARTICLE TWO Reimbursement of Expenses --------------------------- 2.01 The Lessee agrees in consideration of the leasing of the premises aforesaid to pay to said Lessor the sum of five Hundred Dollars ($500.00) as a reimbursement of Lessor's expenses in the preparation and administration of this lease. ARTICLE THREE General Provisions -------------------- 3.01 (LESSEE TO PAY TAXES, ASSESSMENTS N~D WATER RATES) The Lessee covenants and agrees to pay when due all taxes, assess- ments, and water rates that may be levied, charged, or imposed against the said demised premises, or on any part thereof, or upon any improvements placed thereon by the Lessee during the term of said Lease. 3.02 (LESSOR'S RIGHT TO PAY TAXES, ASSESSMENTS AND WATER RATES AND CHARGE SN1E AS ADDITIONAL RENTAL) The Lessee agrees that the Lessor shall at all times during the term of this Lease, at its option, have the right, without obligation to inquire into - 3 - . , i, . the validity thereo£, to pay any taxes, assessments, water rates or charges upon said demised premises remaining unpaid after any application for judgment in any court to collect the same is-made, and to pay, cancel and clear off any sales, liens, charges and claims upon or against said demised premises; and to redeem the said demised pre~ises from the same or any part thereof; and the amount so paid or advanced by the Lessor shall be due from the Lessee within 60 days after any such payment, and all such sums so paid and advanced by the Lessor, but it is expressly understood and agreed that no obligation shall rest upon the Lessor to make any such advances or payments as are herein provided for¡provided, however, that nothing herein contained shall require the Lessee to pay any such taxes, assessments, water rates, or other charges so long as the Lessee shall in good faith by appropriate legal pro- ceedings contest the validity thereof and deposit with Lessor the amount of same, and pending any such contest the Lessor shall not have the right to pay the same or to declare a forfeiture of this Lease for failure of the Lessee to pay the same. 3.03 It is expressly covenanted and agreed that the demised premises are to be used by the Lessee for public recreational pur- poses including civic celebrations, carnivals and other purposes incidental thereto. 3.04 The Lessee covenants and agrees not to maintain any nuisance on the demised premises or permit any noxious odors to emanate from the demised premises which shall be in any manner injurious to or endanger the health, safety and comfort of the persons residing or being in the vicinity of said demised premises. - 4 - , , " . . 3.05 The Lessee covenants and agrees to keep the demised premises in a clean and sanitary condition in accordance with the laws, ordinances, and regulations of the county, city, village, town or municipality wherein the premises are located, the State of Illinois, the United States of America, and The Metropolitan Sanitary District of Greater Chicago. 3.06 The Lessee covenants and agrees that it shall abide by any and all air pollution control laws, ordinances and regu- lations of the county, city, village, town or municipality wherein the premises are located, State of Illinois, United States of America, and The Metropolitan Sanitary District of Greater Chicago. 3.07 The Lessee agrees that at the expiration of the term hereby created or the termination of this Lease pursuant to the terms hereof prior to the expiration of the term hereof, to yield up said demised premises to the Lessor; and also Lessee shall, at its own sole cost and expense, remove all improvements from said demised premises; and provided further upon the removal by the Lessee of such improvements, that the Lessee expressly agrees to restore, at its sole cost and expense, the surface of the ground as near as may be to the same condition as it existed before the construction thereon of such improvements or fixtures. 3.08 (VARIOUS RIGHTS, CUNULATIVE, ETC.) The Lessee agrees that the various rights and remedies of the Lessor contained in this Lease shall be construed as cumulative, and no one of them as exclusive of the other or exclusive of any rights or remedies allowed by law, and that the right given in this Lease to the Lessor to collect the sums that may be due under the terms of this Lease by any proceedings under the same, or the right to - 5 - ~ collect any additional sums, monies or payments due under the terms of this Lease by any proceedings under the same, or the right herein given the Lessor to enforce any of the terms and provisions of this Lease, shall not in any way affect the right of the Lessor to declare this Lease terminated and the term hereby created ended, as herein provided, upon the default of the Lessee, or failure of the Lessee to perform and carry out, all of the provisions in this Lease provided to be performed and carried out by the Lessee. ARTICLE FOUR Indemnification & Insurance ---------------------~------- 4.01 The Lessee shall be solely responsible for and shall defend, indemnify, keep and save harmless the District, its agents, officials of employees, against all injuries, deaths, losses, damages, claims, patent claims, liens, sui~3, liabilities, judgments, costs and expenses, which may in any wise accrue, directly or indirectly, against the District, its agents, officials and employees in consequence of the granting of this Lease, or which may in any wise result therefrom, or from any work done, thereunder, whether or not it shall be alleged or determined that the act was caused through the negligence or omission of the Lessee, or Lessee's employees, or of any contractor, subcontractor, or their employees, if any, or of the District, its agents, officials, or employees, and the Lessee shall, at Lessee's sole expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the District, its agents, officials or employees, in any such action, the Lessee shall at Lessee's sole expense, satisfy and discharge the same. - 6 - , , , , , . ~ ... ,A .. Lessee expressly understands and agrees that any performance bond or insurance protection required by this Lease or otherwise provided by Lessee shall in no way limit the responsibility to defend, indemnify, keep and save harmless the District, as herein provided. 4.02 The Lessee agrees to save and keep harmless the said Lessor of and from any claims for mechanics' liens by reason of any construction work, repairs, replacements or other work for any improvements made or placed upon or to said demised premises. 4.03 The Lessee, prior to entering upon said premises and using the same for the purposes for which this Lease is granted, shall procure, maintain and keep in force, at Lessee's expense, public liability, property damage and fire and extended coverage liability insurance in which the District, its Coffiflissioners, officers, agents and employees, are a named insured from a company to be approved by the District, said policy with limits of not less than: Bodily Injury Liability Property Damage Liability Each Person Each Accident Each Accident $1,000,000 $3,000,000 $1,000,000 Prior to entering upon said pre~ises, the Lessee shall furnish to the District certificates of such insurance or other suitable evidence that such insurance coverage has been procured and is maintained in full force and effect. Such insurance shall provide that no change, modification in or cancellation of any insurance shall become effective until the expiration of ten (10) days after written notice thereof shall have been given by the insurance company to the District. - 7 - ~\ -~ ,,;. ~. ARTICLE FIVE o. Engineering Reservatios and Requirements ---------------------------------------- The Lessor has heretofore executed various agreements with governmental agencies, public utility companies, private 5.01 corporations and individuals for the installation of pipe lines, duct lines, sewers, cables, electric transmission lines and other surface and subsurface structures. Pursuant to those agreements, the various grantees installed and are operating their respective surface and underground plant facilities. Plats and drawings showing the location, size and type of the surface and underground plant facilities are filed in the office of the L~ssor's Chief Engineer and are available for inspection. Lessee agrees to occupy and use the demised premises in such a manner as not to damage, obstruct access to or interfere with the operation of said surface and underground plant facili- ties. 5.02 The Lessee expressly agrees that the Lessor and any- one acting under its authority shall have the right, without payment therefor, to construct, operate, maintain, repair, renew and relocate any and all pipe, sewer, power, and communication lines upon, under and across said demised premises. 5.03 Lessee understands and agrees that the District may have installed various sewers, shafts, ducts, pipes, and other facilities, upon, over or beneath the de~ised premises. It shall be the sole responsibility of the Lessee to ascertain the exact location of such installations. Lessee covenants and agrees that at no time shall its use and occupancy of the demised premises damage or interfere with said facilities. 5.04 The Lessor reserves unto itself a perpetual right, privilege, and authority to construct, maintain, operate, repair and reconstruct intercepting sewers with its connecting sewers - 8 - .\ ~ , , -'" , , .' and appurtenances, and any other drains or structures upon, under and through said demised premises. The Lessor shall also have the right, privilege and authority to enter upon and use such portions of said demised premises as may be necessary in the opinion of the Chief Engineer of the Lessor, for the purpose of constructing, maintaining, operating, repairing and reconstruct- ing intercepting sewers, connecting sewers, drains or other structures, appurtenances, parking areas and access drives. It is further expressly understood and agreed by the Lessee that no buildings, materials, or structures shall be placed or erected and no work of any character done on said demised premises so as to injure or damage in any way said intercepting sewer, connecting sewers, drains or other structures and appurtenances located at any time on said demised premises, or so as to interfere with their maintenance and operation. 5.05 It is expressly understood and agreed that the Lessor shall not be liable to the Lessee for any loss, cost or expense which the Lessee shall sustain by reason of any damage at any time to its property caused by or growing out of the failure of the sewers, structures, or other equipment of the Lessor located on said demised premises, or by any other work which the Lessor may perform on said demised premìses under the terms hereof, or adjacent to said demised premìses. 5.06 The Lesee shall relocate or remove the improvements existing or constructed upon the subject premises, at no cost to the District in the event that said relocation or renoval is required for the corporate purposes of the District. Such relocation or removal shall be done within ninety (90) days after notice thereof in writing is served upon the Lessee. - 9 - ~! ~~. 5.07 If at åny time in the future, any portions of the demised premises are required for the construction of highways -'.'-'-' _H and roadways, or adjuncts thereto, such as interchanges, ramps "-"---'- - - ---- and access roads, as determined by the Chief Engineer of the Lessor, for the use of any other governmental agency engaged in the construction of highways and roadways, or adjuncts thereto, then in such event, it is understood and agreed by the parties hereto, that the Lessee shall surrender possession of such part of the demised premises that may be so required. Lessee agrees also, at its own cost and expense, to remove all of its equip- ment, structures or other works from those portions of said - demised premises so required, or reconstruct or relocate such of its installations so as to permit the use of said demised premises for the construction of highways and roadways or ad- juncts thereto within sixty (60) days after notice shall have been given to the Lessee by said Chief Engineer. 5.08 The Lessor reserves to itself or to its assignees or permittees at any time during the term of this Lease, upon thirty (30) days' written notice given by the Lessor to the Lessee, the right to construct, reconstruct, maintain, and operate additional force mains, intercepting sewers, drains, outlets, pipe lines, pole lines, and appurtenances thereto; and such other structures, buildings, apparatus, and water control equipment as may be needed for the corporate purposes of the Lessor upon, under, and across said demised premises. Any such construction shall be located as determined by the Chief Engineer of the Lessor so as to cause, in his opinion, the least interference, consistent with efficient and economical design, with any equipment, or improvements that Lessee may then have on the said demised premises. - 10 - . , ~} (1 .c It is agreed by and between the parties hereto that the Lessee shall submit to the Chief Engineer of Lessor for his 5.09 approval the general plans for handling the sewerage, grading, and drainage of the said demised premises; and for any roadways, water supply, telephone and electric service, if any, and of all improvements or any other construction to be erected thereon before the co~encement of any work thereon. 5.10 The Lessor reserves to itself the right of access to said premises for inspection by the Lessor and its duly accredited agents at all times, and for such surveys as the Chief Engineer of the Lessor may deem necessary. ARTICLE SIX Additional Provisions ----------------------- 6.01 It is agreed by and between the parties hereto that Lessee shall not have the right to sub-let the demised premises or any part thereof or to assign this Lease. 6.02 It is understood and agreed by and between the parties hereto that all notices herein provided for from the Lessor to the Lessee concerning any thing pertaining to this Lease shall be mailed registered mail or certified mail, postage prepaid, return receipt requested, to the District in care of the General Super-. intendent, 100 East Erie Street, Chicago, Illinois 60611, or to the Lessee from the Lessor at: Attention: Village of Mount Prospect 100 South Emerson Mount Prospect, Illinois 60056 Village Manager or to any other address that it may hereafter in writing designate and that such notice may be upon the option of the Lessor so nailed to the Lessee, and that any notice so mailed by the Lessor to the Lessee shall be and is hereby declared to be sufficient notice for all the purposes of this Lease and that a postoffice registry - 11 - ( , , ~ -.. .-. . receipt showing the mailing of such notice and the date of such mailing shall be in any court of record as competent prima facie evidence of those facts. 6.03 (TO PAY ALL COSTS OF ENFORCEMENT) The Lessee agrees to pay and discharge all costs and reasonable attorney's fees and expenses which the Lessor shall incur in enforcing the covenants of this Lease. 6.04 Lesser agrees to erect a suitable sign at the entrance to the premises acknowledging the intergovernmental cooperation between the Village and the District's Board of Commissioners which resulted in the free recreational use of the premises. IN HIT~mSS WHEREOF, on the day and year first above written, the parties hereto have caused these presents, including Riders and Exhibits, if any, to be executed in triplicate by their duly authorized officers, duly attested and their corporate seals to be hereunto affixed. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO By: Cha rman, Co~ ttee on Finance of the Board of Commissioners ATTEST: ~P~/ VILLAGE OF MOUNT PROSPECT By: (+ II ~ ATTEST: ,~J!~ V~T~ - 12 - . . ~j j ¡- -- -'- -_.,--- -" - .- .' STATE OF ILLINOIS) } COUNTY OF COOK) I'~~~~ , a Notary Public in and for said County, in the State C1~h/æ.~ Cha~rman of the Committee aforesaid, DO HEREBY CERTIFY that , personally known to me to be the on Finance of the Boa~d of Commissioners of The Metropolitan Sanitary District of Greater Chicago, a municipal corporation, and frail k .1. Me Hull.. , personally known to me A-c.t- ( " ~ '" to be the Cler~ of said municipal corporation, and personally known ^ to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and severally acknowledged that as such Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said municipal corporation, and caused the corporate seal of said . municipal corporation to be affixed thereto, pursuant to authority given by the Board of Commissioners of said municipal corporation, as their free and voluntary act a~d as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand a~d Notarial Seal this7-1i day of ~v U (/ , A'. D. 193.L. ~ì/) - ~ f ~~ ,~'- NOTARY PUBLIC My Commission expires: 7-d~ Ii , A.D. 19 ~ . () .. . .., APPROVED: {/;-> --~ ./ ( /' .-// . /~Q j. . . \/ - -,/) .¿:t,-}i-c:eêL)d~ Real Estate Administrator APPROVED-as to Plat and Legal Description I)uJ r. E Jwh41'10 ~ . Engineer of Field Services ~ ~'4~(9 ÅSS1S ant Clef nglneer - /-?2-r'. ~~r APPROVED as to Form and Legality ney -- -------.." - ~~~ Î-¡-fO orney APPROVED: ~ 7-/-f! I enera uperJ.n ~ent