RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

APR

29

213(a4

PETITION BY HAYDEN

)

STATE OF ILLINOIS

WRECKING CORPORATION

)

Pollution Controi Board

FOR AN ADJUSTED

)

DocketNo.:

A~

o4

1)3

STANDARD FROM

)

35 ILL.

AJDM.

CODE

§

620.410(a)

)

NOTICE OF FILING

TO:

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P0 Box

1976

Springfield, Illinois

62794-9276

PLEASE TAKE NOTICEthat I have today filed with the Office ofthe Clerk of the

Illinois Pollution Control

Board the Petition by Hayden Wrecking Corporation for an Adjusted

Standard from 35111.

Adm.

Code 620.410(a) and Entry of Appearance, copies ofwhich

are

herewith served upon you.

Dated: April2j, 2004

GREENSFELDER, HEMKER,

& GALE, P.C.

By_____________

Donald

E.

Weihi (# 2960672)

Christina L. Archer (#6215708)

Anna Chesser Smith

(#

6279428)

10 South Broadway,

Suite 2000

St.

Louis, Missouri

63102

Phone:

(314) 241-9090

Fax:

(314) 241-4245

Attorneys

for Hayden Wrecking Corp.

704995

THIS FILING SUBMITrED ON

RECYCLED

PAPER

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RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL

BOARD

APR

29

2004

PETITION BY HAYDEN

)

WRECKING CORPORATION

)

FORANADJUSTED

)

DocketNo.:

~c-5Ot~3

STANDARD FROM

)

35

ILL. ADM. CODE

§

620.410(a)

)

ENTRY OF APPEARANCE

COMES NOW Greensfelder, Hemker & Gale, P.C., Donald

E.

Weihl, Christina

L. Archer,

and Anna Chesser Smith, and hereby enter their appearance on behalfofHayden

Wrecking

Corporation, the Petitioner in

the above-styled

case.

Dated:

April

9’?,

2004

Respectfully submitted,

GREENSFELDER, HEMKER & GALE, P.C.

By

(12t~

&s

~

Donald E. Weihl (#2960672)

Christina

L.

Archer (#6215708)

Anna Chesser Smith (# 6279428)

10 South Broadway,

Suite 2000

St. Louis, Missouri 63102

Telephone:

(314) 241-9090

Facsimile:

(314)

345-4792

Attorneys

for Petitioner

Hayden Wrecking Corporation

THIS

FILING SUBMInED

ON

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RECEIVED

CLERK’S OFFICE

APR

29

2004

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE

OF ILUNOIS

Pollution Control Board

PETITION BY HAYDEN

)

WRECKING CORPORATION

)

‘I

FOR AN ADJUSTED

)

Docket No.:

STANDARD FROM

35

ILL. ADM. CODE

§

620.410(a)

)

PETITION FOR ADJUSTED STANDARD

COMES NOW, Hayden Wrecking

Corporation (“Hayden”), through its

undersigned

counsel,

and pursuant to

Section 28.1 ofthe Illinois Environmental

Protection

Act (the “Act”), located at 415

ILCS 5/28.1,

and 35

Ill.

Adm.

Code

§

104.400,

petitions the Illinois Pollution Control Board (the “Board”) for an Adjusted

Standard

from the Class I groundwater standards for four inorganic chemicals codified at 35

Ill.

Adm.

Code

§

620.4 10(a).

The Adjusted Standard Hayden requests will only apply to

Hayden’s fonner landfill sites located near the intersection of Illinois Route 203

and

Interstate

5

5(70 in

St. Clair County, Illinois.

I.

Preliminary Statement

1.

35 Ill. Adm. Code

§

620.410(a) was enacted

in

1991

and provides

the Class I groundwater standards for 23

inorganic chemicals, 48

organic chemicals, two

complex organic chemical

mixtures, and pH.

The groundwater at Hayden’s property is

classified as Class I groundwater.

The standards for four inorganic chemicals—arsenic,

iron,

lead, and manganese—are exceeded at Hayden’s property.

2.

The Class I groundwater standards for arsenic, iron, lead, and

manganese should be adjusted for Hayden because the exceeded levels detected at

Hayden’s property originate from an upgradient, off-site source.

Even if Hayden

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remediates its onsite groundwater, groundwater in excess of Class I levels will continue

to flow beneath its property from the off-site

source.

3.

From approximately 1961

until

1992, Hayden operated two

landfills totaling thirteen acres.

The landfills were located near the intersection ofIllinois

Route 203

and Interstate

55/70

in St.

Clair County, Illinois.

The IEPA issued Operating

Permit No.

1972-7 to

Hayden,

approving the disposal of “brick, mortar, wood, and metal

only,” and Development Permit No.

1975-36-DE, approving the development of a

landfill for “homogenous, non-putrescible waste.”

4.

Hayden’s landfills have been out of operation since 1992.

The site

is now graded and covered with clean limestone.

Gateway Motorsports Corporation

(“Gateway”) leased the land from Hayden on or about October 14,

1999 for use as a

parking lot for the adjacent Gateway International Raceway.

See

Lease, attached as

Exhibit A.

5.

On or about

October 8,

1999, Gateway contracted to purchase

Hayden’s land for

$475,000.

See

Real Estate Contract,

attached to Exhibit A.

The

completion ofthe sale to

Gateway, however,

is contingent upon Hayden fulfilling its

post

closure obligations and receiving a Certificate ofClosure for the landfills

from the IEPA,

pursuant to 35

Ill. Adin.

Code

§

807.508(b)(1), within five years of the date ofthe

contract.

This time period will expire on October 8, 2004.

6.

To

complete the sale ofthe land, Hayden has been working with

the IEPA since the summer of 1999 to close the landfills pursuant to applicable state

regulations.

In October of2000,

pursuant to

35111.

Adm.

Code

§

807.3 18, Hayden

recorded with

St. Clair County a detailed description of the

site, certifying that the

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landfills

are

no longer in operation.

See

Certification, attached as Exhibit

B.

Illinois

regulations

also require Hayden to submit to the IEPA

an Affidavit for Certification of

Closure of Non-Hazardous Waste Facilities and an Affidavit for Certification of

Completion ofPost-Closure Care for Non-Hazardous Waste Facilities.

See

35

Ill. Adm.

Code

§~

807.508

and 807.524.

For Hayden to meet these requirements,

the groundwater

in the vicinity of the landfills must meet the Class I groundwater quality standards.

7.

Since 2001,

Hayden has retained Environmental Operations,

Inc.

(“FOl”) to evaluate the groundwater

at its

two

landfill

sites.

EOI’s report summarizing

the results of its investigation

is attached as Exhibit C.

In

1999

and 2000,

SCI

Engineering, Inc. (“SCI”) sampled the groundwater

at eight wells at the site, and in

2001,

the IEPA conducted its

own

groundwater

sampling at the wells.

The results of these

sampling efforts

are

summarized in Table

1 ofEOI’s report at Exhibit C.

8.

A map showing the locations ofthe monitoring wells is attached as

Exhibit D.

Wells MW-i

through MW-4

are

upgradient ofHayden’s property.

A

groundwater contour map, depicting the direction ofgroundwater flow, is attached as

Exhibit E.

9.

The landfills are located downgradient ofMilam Recycling &

Disposal Facility(“Milam landfill”),

a landfill operated by Waste Management of

Illinois, Inc.

The Milam landfill is

a 208-acre site with waste piled to approximately 567

feet above sea level.

Photographs ofthe Milam landfill taken from Hayden’s property

are

attached as Exhibit F.

The Milam landfill has been in operation since the I960s and

accepts municipal waste,

special

waste, and yard waste from residents of St.

Clair,

Madison,

and Monroe

Counties

in

Illinois,

and

the City of St.

Louis,

St.

Louis,

St.

634965

3

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Charles, and

Warren Counties

in

Missouri.

SeeAmerican Bottoms Conservancy

v.

Village ofFairmont City,

PCB No. 01-159, 2001

Ill. Env.

LEXIS 489, *11*12 (2001).

II.

Statutory and Regulatory Requirements for Adjusted Standard

10.

Hayden presents this Petition to the Board pursuant

to Section 28.1

of the Act.

The Board has promulgated

regulations, set

forth at 35

Ill. Adin. Code, that

prescribe the procedural

and substantive requirements that a petitioner must meet to

obtain adjusted standard regulatory relief.

Specifically, the Board’s regulations at 35 Ill.

Adm.

Code

§

104.406 set

forth the information that must be included

in

any

petition for

adjusted standard.

11.

This Petition satisfies the specific informational requirements

identified in the regulation because each of the headings below corresponds to the

informational requirements ofeach subsection of 35

Ill. Adm.

Code

§

104.406.

Supporting

documentation is

appended to this Petition,

as required by 35

Ill. Adm.

Code

§

104.406(k).

A.

The Standard of General Applicability

12.

The effective date of 35

III. Adm. Code

§

620.410

is November

25,

1991.

Section 620.410 provides

limits in milligrams per liter (mg/L) for 48 organic

chemicals,

23 inorganic

chemicals,

two

complex organic chemical mixtures, and pH

levels in Class I groundwater.

13.

Hayden requests that the Board adjust the standards for Class

I

Groundwater codified at 35

Ill.

Adm.

Code

§

620.410(a) that pertain to

four inorganic

chemicals:

arsenic, lead, iron, and manganese.

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14.

The current standards for these four inorganic chemicals and

Hayden’s Proposed Adjusted Standard

are

attached as Exhibit G.

B.

Statutory Authority for 35 Ill.

Adm.

Code

~ 620.410

15,

The Board promulgated 35

III. Adm.

Code

§

620.410(a), the

standard of general applicability, to

implement the Illinois

Groundwater Protection Act,

located at 415 ILCS

55/1,

et. seq.

and the federal Safe Drinking Water Act, located at 42

U.S.C.

§

300(f)

et.

seq.

C.

Level of Justification Specified by Standard of General Applicability

16.

35

Ill. Adm.

Code

§

610.410 is

a regulation ofgeneral

applicability.

It does not specify the level ofjustification required for the Board to

grant

Hayden’s Request for Adjusted Standard.

D.

Description of the Nature ofHayden’s Activity

17.

The groundwater at Hayden’s site meets the requirements of 35 Ill.

Adm.

Code

§

620.210 and

is classified as Class I Potable Resource Groundwater.

Section

6 10.210 states

that Potable Resource Groundwater is:

a)

Groundwater

located within

10

feet

or

more

below

the

land

surface

and

within:

1) The

minimum

setback zone

of a

potable

water supply

and

to

the

bottom

of such well;

2)

Unconsolidated

sand,

gravel,

or

sand

and

gravel

which

is

5

feet

or

more

in

thickness and

that

contains

12 percent

or less

of fines

.

.

.or

.

.

.4)

Any

geologic

material

which

is

capable

of

a

A)

Sustained

groundwater yield,

from

up

to

a

12

inch borehole, of 150

gallons

per day or more from a thickness of 15

feet or less

18.

The groundwater

at Hayden’s site is located at depths often feet or

more below the land surface, and

(1) the site is not located within a setback zone of a

well that

serves as a potable

water supply

(see

Illinois Well Water Report, prepared by

Environmental Data Resources,

Inc., attached to

EOI’s report at Exhibit C); (2)

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unconsolidated

soils

in the transmissive zone

are

composed primarily of poorly graded,

fine-grained sands; and (3) the sandy soils present at the site are capable of a sustained

yield

in excess of 150 gallons per day.

Id.

19.

EOI’s

study of SCI’s and the IEPA’s sampling results reveals that

four out of 23 inorganic

compounds detected in the site’s groundwater exceed the Class I

groundwater standards:

arsenic, iron, manganese, and lead.

See

Table

1 to EOI’s report

at Exhibit

C.

These results are summarized below.

a.

Arsenic:

Under 35

Iii. Adm.

Code

§

620.4 10(a), arsenic levels

in

Class I groundwater must not exceed 0.05

mg/L.

MW-l

and MW-

2

are

the only locations where this

standard was ever exceeded,

and these wells are located on the upgradient edge ofthe property.

Arsenic was detected at MW-2 in 2000 at 0.082 mg/L.

In

1999

and 2000,

this well had arsenic levels of0.056 mg/L and 0.065

mgtL, respectively.

Arsenic levels at MW-i, also

an upgradient

well, were 0.072 mgIL in 2000.

b.

Iron:

Under 35

III. Adrn. Code

§

620.410(a), iron levels in Class I

groundwater must not exceed

S mg/L.

During the three sampling

events, all but two wells exceeded

5 mg/L.

In 2001, concentrations

ofiron were highest at MW-I

and

MW-2, located on the

upgradient edge of the site.

c.

Lead:

Under 35

Ill.

Adm, Code

§

620.410(a), lead levels in Class

I groundwater must not exceed 0.0075 mg/L.

The highest level of

lead in Hayden’s groundwater was 0.220 mg/L,

detected at MW-3

in

1999.

Lead concentrations show an overall decrease

from 1999

to 2001.

Lead concentrations, however, currently exceed Class I

groundwater standards at MW-I, -2, -6, and -8.

d.

Manganese:

Under 35111. Adm.

Code

§

620.410(a), manganese

levels in Class I groundwater must not exceed 0.15

mg/L.

Manganese was present at all monitoring wells at concentrations

exceeding Class I groundwater standards during the 2001

monitoring event, but concentrations

are

currently greatest along

the upgradient edge (MW-i

through MW-4) and western edge

(which

is down and

across gradient, MW-8) of the site.

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20.

The sampling results summarized in Table Ito EOI’s report also

prompted EOI to

examine groundwater trends and the impact on groundwater from an

additional thirteen inorganic and

organic compounds:

Benzene,

Benzo(a)pyrene,

Dichloromethane

(methylene chloride),

PCBs, Barium, Beryllium, Chromium, Copper,

Nickel, Thallium, Cyanide, Nitrate, and Total Dissolved Solids.

EOI’s

investigation

revealed that these compounds are

not currently present at levels that require additional

consideration.

E.

Efforts Required to Comply with 35

Ill. Adm.

Code

~ 620.410(a)

21.

Levels in Hayden’s groundwater exceed the Class I standards

for

aresenic, iron, manganese, and lead because these inorganic chemicals

are migrating

onto

Hayden’s property from

an upgradient, off-site source.

See

photographs of the Milam

landfill attached as Exhibit F.

Hayden’s attempts to remediate its groundwater would be

futile because the groundwater is continually replenished from the upgradient source.

Remedial efforts would be continual without prospect ofcompletion.

22.

EOI has indicated that

groundwater monitoring and treatment

at

the site will provide no benefit

to the environment and would be economically

impractical because groundwater from the upgradient, offsite source will continue to

migrate onto

Hayden’s groundwater.

23.

Rather than allowing the landfill

sites to

remain uncovered and out

ofoperation, Hayden graded and covered the landfills with clean limestone.

Both

Hayden and Gateway now derive economic benefit from the use of the former landfill

sites

as a parking lot for Gateway customers.

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24.

Under the Lease, attached as Exhibit A, Gateway pays Hayden

$1,416.66 per month in rent.

Under the Real Estate Contract between the parties,

attached to the Lease, Gateway is obligated to purchase the property for $475,000 once

Hayden completes the EPA’s

closure

and post-closure obligations, provided this is done

before October of2004.

If Hayden does not complete these obligations by October of

2004, Gateway may terminate the lease and is not obligated to purchase the site.

25.

Gateway is one ofthe

most popular speedways in the Midwest and

hosts the NASCAR Busch Series, the Craftsman Truck Series, NHIRA Powerade Drag

Racing Series, and the Gateway Indy 250, among other events.

The main track is a

1.25-mile

banked oval track with an adjacent drag racing facility.

The track seats 55,000 people and

has the ability to expand to seat

120,000.

See

http://www.gatewayraceway.com.

26.

This Petition does not

include an

analysis of the costs

for Hayden to

comply with the current standards because the inorganics at issue

are

continuously migrating

from an

off-site, upgradient

source.

Unless the source is addressed,

any

remediation efforts

by Hayden would be both prohibitively expensive and continual without prospect of

completion.

F.

Narrative Description ofProposed Adjusted

Standard

27.

The language ofHayden’s Proposed Adjusted Standard, as well as

the language ofthe regulation ofgeneral applicability, is

attached as Exhibit 0.

If

approved, the Proposed Adjusted Standard will apply only to

Hayden’s former landfill

sites located near the intersection of Illinois Route

203 and Interstate

55/70

in St.

Clair

County, Illinois.

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28.

No additional efforts will be necessary

for

Hayden to

comply with

the Proposed Adjusted Standard.

0.

Description of Environmental Impact Associated with Proposed Adjusted

Standard

29.

In order to complete the sale ofthe its former landfill sites

and

fulfill

its closure obligations under

IEPA regulations,

Hayden requests this Adjusted

Standard.

Hayden’s former landfill

sites have been out of operation since

1992

and have

been graded

and

covered with clean limestone since

1999.

Without the Adjusted

Standard, Hayden will be unable to complete the sale ofits land and

will suffer economic

harm.

Under the Real Estate Contract, by October 8,

2004, Hayden must receive a

Certificate ofClosure from the IEPA for the former landfill sites.

See

Real Estate

Contract,

attached to Lease at Exhibit A.

30.

Hayden has taken steps to minimize the environmental impacts of

its proposed adjusted standard.

As explained in more detail below, Hayden will establish

an Environmental Land Use Control

(“ELUC”) on the property that prohibits the use of

the site’s groundwater.

Hayden also has worked with the City ofMadison to enact

a

groundwater ordinance that prohibits the potable use of the site’s groundwater.

H.

Hayden’s Justification for Adjusted Standard

31.

35

III. Adm.

Code

§

610.410 is a regulation of general

applicability.

It does not specify the level ofjustification required for the Board to

grant

Hayden’s Request for Adjusted Standard.

Under Section

28.1

ofthe Act, the Board may

grant

individual adjusted standards whenever the Board determines that:

(1)

factors

relating

to

that

petitioner

are

substantially

and

significantly different than the factors

relied

upon by

the Board

in

adopting the general

regulation applicable to that petitioner;

(2) the

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existence of those

factors justifies

an

adjusted

standard;

(3)

the

requested

standard

will

not

result

in

environmental

or

health

effects substantially or significantly

more adverse than the effects

considered

by

the

Board

in

adopting

the

rule

of

general

applicability;

and

(4) the adjusted standard

is

consistent

with

any

applicable federal law.

415

TiCS

5/28.1(c); see also

35111. Adin.

Code

§

104.426.

32.

Hayden can satisfy the

first

and second factors.

In enacting

35

Ill.

Adm.

Code

§

610.410,

the Board adopted the USEPA’s “principle that

groundwaters that

are

naturally potable should be available for drinking water supply without treatment.”

In

the Matter of

Groundwater Quality Standards (35 IlL Adin.

Code 620,),

PCB No. R89-

14(B),

1991

Ill. Env.

LEXIS 866,

*35

(1991).

The sampling results analyzed by EOI,

however, indicate that groundwater with excess levels ofinorganics is migrating downhill

into Hayden’s groundwater.

See

Groundwater Contour Map, Exhibit D.

Hayden has no

ability to

control the use of the lands surrounding its property, and cannot meet

Class I

groundwater standards unless the Adjusted

Standard is granted.

33.

Hayden meets the third factor of Section 28.1(c) ofthe Act.

Groundwater at the site is not and never will be used as potable groundwater.

The

potable water supply for the area is provided by the Missouri Bottoms Water Company.

There are no potable water wells

at the site or within 2,500 feet downgradient ofthe site.

34.

To

further ensure that the Adjusted Standard will not adversely

affect the environment and public health, Hayden has implemented

institutional controls

to prevent the development ofthe groundwater as a resource.

Hayden has provided the

City of Madison with

a groundwater ordinance that prohibits the use of existing wells and

the installation of potable water supply wells at the site

and at areas surroundingthe site.

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The City ofMadison adopted the ordinance.

A certified copyof the ordinance as adopted

is attached as Exhibit H.

35.

Pursuant to

415

ILCS

5/58.17 and 35

III. Adm.

Code

§

742.1010,

and to obtain closure ofthe site, Hayden also has established an

ELUC on its property

that requests risk-based, site-specific groundwater remediation objectives from the IEPA.

On April 27, 2004, Hayden recorded the ELUC with the Recorder’s

Office of St.

Clair

County and submitted the

final ELUC to

the IEPA.

A signed,

file-stamped copy of the

ELUC, with

exhibits, is attached as Exhibit I.

Hayden

will notify the Board and the

IEPA of the book

and page number of the ELUC when this

information becomes

available.

36.

Hayden meets the fourth and final factor of Section 28.1(c) ofthe

Act.

The Adjusted Standard Hayden requests is consistent with the Safe Drinking

Water

Act, 42 U.S.C.

§

300h-7,

et. seq.,

and its

implementingregulations, because there

is no

potable use of the groundwater at the site.

37.

If approved, Hayden’s Proposed Adjusted Standard will apply only

to Hayden’s former landfill sites located near the intersection ofIllinois Route 203

and

Interstate

55/70

in

St.

Clair

County,

Illinois.

I.

Consistency with Federal Law

38.

Hayden requests adjusted standard relief from the current standards

for four inorganics detected in Class I Potable Resource Groundwater,

found at 35 Ill.

Adm.

Code

§

620.4 10.

The Board has held that these standards

are

“equal to

the

USEPA’s Maximum Concentration Levels applicable

‘at-the-tap’ pursuant to the Safe

Drinking Water Act.”

In the Matter of

Groundwater

Quality Standards (35 Ill. Adtii.

634965

THIs FILING SUBMITTED ON RECYCLED PAPER

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Code 620),

PCB No. R89-14(B),

1991

Ill. Env. LEXIS 866,

*35

(1991).

With a

groundwater ordinance and an ELUC specifically addressing the landfill sites

in place,

Hayden has ensured that groundwater at the landfill sites will never be used as a potable

groundwater supply,

and the proposed adjusted standard is consistent with

federal law.

S.

Hearing Waiver

39.

Hayden waives its right to a hearing on the issues raised

in this

Petition at this time.

However, pursuant to

35111. Adm.

Code

§

104.422(a)(1), Hayden

reserves its

right to request

a hearing once it reviews the IEPA’s recommendation.

Additionally, Hayden is prepared to participate in a hearing if the Board

determines one

is necessary pursuant to

35111.

Adzn.

Code

§

l04.422(a)(3).

HI.

Conclusion

40.

The Class I groundwater standards for arsenic, iron,

lead, and

manganese should be

adjusted for Hayden because the arsenic, iron, lead, and manganese

detected in Hayden’s groundwater is from an upgradient, off-site source.

Even if Hayden

remediates its onsite groundwater, groundwater with levels of these organics in excess of

the Class I standards will continue to

flow beneath its property from the off-site source.

WHEREFORE, Hayden prays that the Board

grant

their Request for

Adjusted Standard from

35111.

Adm.

Code

§

620.410(a).

634965

12

THIS FILING SUBMITTED ON RECYCLED PAPER

---

Dated: April

~J,

2004

Respectfully submitted,

GREENSFELDER, HEMKER, & GALE, P.C.

By

(2:~

(J~

Donald E. Weihl

(#

2960672)

Christina

L.

Archer (#6215708)

Anna C.

Smith (# 6279428)

10

South Broadway, Suite 2000

St. Louis, Missouri 63102

Phone: (314) 241-9090

Fax:

(314) 241-4245

Attomeys for Hayden Wrecking Corp.

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of Hayden’s Petition for Adjusted Standard

was deposited in an

envelope addressed to

the Division of Legal

Counsel ofthe Illinois

Environmental Protection’Agency,

1021

North Grand Avenue East, P.O.

Box

19276,

Springfield, Illinois

62794-9276 with postage fully prepaid, and that said

~pvelopewas

deposited in a

U.S.

Post Office mailbox in

St. Louis, Missouri,

on the

~~7’

day of April,

2004.

634965

13

THIS FILING SUBMITTED ON

RECYCLED PAPER

---

Exhibit

A

---

rJL:

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25S2

P~E.

LEASE

This

lease

(the

“Lease”)

is

entered

into

on

Octobeq

8,

1999

between

hAYDEN

WRF.CJUNt

CORPORATrON,

a

Missoud

corporaUon

(liereinalkcr

“Landlord’)

arid

GATE\VAY

UNTERNATIONAL

MOTOR.SPORTS

CORPORATION,

an

~ihnois corporation

(“hereinafter

“l’enant”).

and is made with reference to the following

11cts and objectives:

A.

Landlord

is

the

owner

of

approximately

15.87

neres

of

unimproved

land

in

Madison,

IL

(Parcel

No.

02-05.0-300-018) which is

more

fully

described

oii

Exhibit

“A’

attaelied

hereto

and

hicoqorated

herein by

reference ((he “Prope~y”)whiqh

has been used

by

Landlord

and

the:r predecessor

us

a landfill.

8.

.Landtord acknowledges

and

agrees

that Tenant bu~

neither caused nor contributed ill

any

matejial

respect to

the release of regulated

substances

in, on o~

under the ?ropei~y.

0.

Tenant desir~søi~1Pthe

Property from

Lond1ord~for

use ~s

it

parking

lot.

D.

L.aticltord

and

Tenant prevIously entered

into

a

ReQ

Estate

Sa~eContract

tinted

June

2,

I ~99

(the ‘‘Contract”) which

the

putties

agree has

been

terr.n nat~d;

and

C.

Tenant now

desires

to

tease the

Property in

aceord~ncewith

the

terms ot’this

Lease.

THEREFORE, THE PARTIES

AGREE

AS FOLLOWS:

ARTICLE

I

DEFIN1T(ONS

As

used

in

this Lease,

the

tbllo~yin.gwords

and

phrases shaji have

the following rneimtugs:

1.

Closure

—

the

satisthcUoit

of every

aspect

or any

Clo~ure

Plan,

plan

wider

the

ILLinois

Site

Remediation

Program

or

other

program

imposed

by

the

11~inoisEnvironmentaL

Protection

Agency or the

United

States Environmental ProtecUon

Agency apd.

as

may he

appropriate,

other

Federal

State

and

local

agencies

(“Agencies”)

whereby

the

Agepeles

approve

the

closure

of

the

former landfill

or landfills

and

acknowledge

Lu

writing

that

the~

nrc

no

longer

in

Operation

uIId

no

further

post closure

cure

is

required.

“Post-Closure”

shut

tne~nany

condition

required by

the

Agencies with reference to future maintenance, care or nionitodng.’

1.2.

Encumbrance

-

any

land

sale contract,

deed

of

crust, n\o~gage,or other

v~Tit:en

security

device

or

agreement

affecting

the

premises

und/or

personal

property,

and

the

note

or

other

obligation

secured by

it,

that

constitutes

security

for

the

paymen’~of

a

debt

or

perforn.iance of

an

obligation

1,3

Ibid

harmless

—

A~

used

iii this Lease, the term

hold

harmless shall mean

to

defend and

indemnify

Tenant

and

its

grar.tecs

from

and

against

any and

all

lh.ss.

including

but

nut

limited

to

---

rlL~No.

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~:C:3d

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552

~31 2532

P~GE

debts,

Liens,

claims,

causes

of action,

administrative

orders,

and~notices,

costs

(incucling

without

hmitarion

response and/or remedial costs),

personal

injuries, jud~rnents,

Losses,

penalties,

damages,

liabilities, demands,

tines, penalties,

costs,

expenses

(including, Ivithout

liinhation,

attorneys’

fees,

consultants

fees

and

expenses, court costs

and

other

out-of-pocket

costs

and

expenses

suffered

or

incurred

by Tenant

as

a

result ofany breach ofthis

Lease by

Lançtlord,

landfill

matters,

all

on-sight

or off-sight

remediation

or

response pertaining

to

Landfill

solid

waste,

leuchates,

soil

und

ground

water contaminants

and

other

Environmental Law obli~~~4or

obligations

of the

envwonmentai

laws.:

-

.

1.4

Hazardous

Materials.

As

used

in

this

Lease,

thej tern

Hazardous

Materials

shall

include,

but

not

be

limited

to,

h2vzardous

substances,

pollutants,

contaminants,

and

solid

waste,

ijicludin&

but

no:

limited,

to

asbestos,

asbestos containi,,g materials,

PCEs,

petrolewn products,

and

any

other

pollutant.

contaminant

or

substance,

material

or

w~ts;ethat

is

defined,

determined

or

identified

as

such

in

any

federal4

state

or

local

statute,

Law,

regulation

ordinance, order or code,

in

e~iclicase

as

amended,

and

whether

now

existing or

hereailcr

evucted

or

pron.iutga:ed,

inciuduig

without

imitation

the

Illinois

Environmental.

‘Protection

ActI

and

all

lILIeS

and

regulations

promulgated

thereunder,

the

Comprehensive

Environniental~ Response.

Compensation

and

Liability Act of

1980,

as

amended, 42

U.S.C.

Section 9601,

et ~g’.; the

Rcsourcc Conseivation and

Recovery

Act,

42

U.S.C.

Section 6901

et

ps.;

the

Clean

WaterlAct,

33

U.S.C.

Section

1251

et

the

Superltmd

Amendment

and

‘Re-authorization

Act

of

19$6,

the Toxic

Substances

Control

Act,

5

U.S.C.

Section

2601

et ~g.,

the

Safe

Water

Drinking

~ct, 42

U.S.C.

Sect:on

3000(0

et

seq.;

the

Clean Air

Act

42

U.S.C.

Section 7401

et

seq.,

and

those

materials

and

substances

of

a

similar

nature

regulated

or

restricted, tinder

any

state,

local

Law.1

and

in

regulations

adopted.

and

publications promulgated

pursuant to

said

Laws (colLectively “Env~ronmentalLaws”).

1.5

Law

—

any

judimal

decision,

statute,

constitutior,

prdinance,

resolution,

regulation,

rule,

administrative

order,

or

other

requirement

of

-any

municipal,

county,

state,

federal,

or

other

government

agency

or

authority

having jurisdiction

over

the

paçties

or

the

premises,

or

both,

in

effect

whether

at

the

time

of

execution

of

the

lease

or

at

‘any

~irneduring

the

term,

including,

without

imitatjon,

any

regulation

or

order

of

a

quasi-official

eptity

or

body,

including

without

lLmitaticnl the

Environmental

Laws deithed above.

ARTICI$2

PREMISES

2.1

Landlord

hereby

leases

to

Tenant,

and

Tenant

here~Dyleases

from

Landlord,

on

the

terms,

covenants

and conditions

hereinafter set forth,

the

Property

çlescribed

on

Exhibit

A..

2.2

Landlord’s

Representations

and

Warranties.

Landlorçl

represents curt

Warrants

that,

tjs

of

the

Commencement

Date

(as

defined

herein)

of

this

Lease,1 the

following

are

true.

l’hese

representations

and warranties shall survive termination of the Lca~e.

-

2.2.1.

That there

are

no

liens

or

encunthrances

09

the

Properly and

Landlord will

2

---

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No.

O~’2~/’~8

‘~

tU~3Y

iU:GR~\D

PRIX

czSSQC

562

98t

2532

P~GE

allow no

liens or cncumbr~ice.cto be placed

on

the Propefty during the tenn

hei’eol~and that

Landlord hus disclosed

to Tenant

alt

information known or rcasottthiy

cliscernable by

lundlc.rd

relutive to the condition of the Property.

2.2.2.

That Tenant has neither caused nor contributed in any material respect to

the releuse of regulated substances in, on or under the Property.

2.2.3.

That LandLord has received no notice or rpport indicating that the Property

or any part thereof is

located within an area that has been defined by the Federal Emergency

Management Agency, the Army

Co~~s

of Engineers or any other governmental body

as

located

in a flood plain area, a wetlands area or uny areaothet~isesub~ect

to special hazards, and

22.4 Landlord represents (a) excepting only thost~matters spccificrtHy set forth in

SD £ng~neerirg’sLeachate Sampling Report dated July 1997, P.h~mse I Enviror.mental

Assessment c,fted January 1Q98, and Leachace Sampling Report dated July

t 999, the Property

is

in compliance with all Environmental Laws (as hcreinufler defir1cd), (b) no notice, demand,

claim or other communication has been givtht to or served on Lapdlord, and Landlord has no

knowledge of any such notice giveb to previous owners

or

tenants ofthe Property, from any

entdy, governmental body or individuu claiming ~nyviolaton oCan.y Environmemital Law (as

defined herein) or demandingpayment, contribution, indeLutiiflcation, rem.edia

action, remoyal

action or any other acUon or inaction with respect

SO

any

acLItitl OF

alleged~nvironmncntaL

damage

or

injuty

to persons, property or nulurai resoirce~(any

ofthc

foregoing,

whether now existing Or

hereafter

brought,

is

herein called

a”Claim”),

and

no basis

for

any

Claim

exists;

(c) no

underground

storage tanks are currently

located on

the Property; (d)

the sail,

surface water

and

ground

water of, under, or on the Property are flee

from

any Haz~~rdous

Material

(as here~naller

dctincd)~Ce)

the Property has never

been used for or in

connection with.,

and

tIme LandLord shall

not pennit

om.-

acquiesce in the

use

for or in connection with the n.~anuf-acture,refinement,

treatment, storage, generation, transport or hau.ting of any f(nzar4ous Material in exccss oflevels

permitted by

upplicable Envirom.nentai

Laws

or the

disposal

of apy such material:

(1)

rio

Hazardous

Material

has

been

discharged,

dispersed,

released,

stored,

disposed

oC

or aEowed

to

escape on, unde~or in the Property; (g) no

asbestos

or ~shestos-conta;mng

materials have been

installed,

used,

incorporated into

or

disposed ofon

time Property;

(h)

no po.lychlorinaied

biphc.nys

(‘PCBs”)

are

or

ever

have

been located

on, in, or used

in

connection with

the Propeity;

and

(i)

no

inQestigation, administrative order, udnunistrativo

order by consent,

consent order,

agreement, litigation

or settlement

is proposed or in

existence or, to the best

knowledge of

Landlord,

tl~reatenedor

anticipated,

with respect to

or ansing

from

th.c presence of

any

Hazardous

Material

or the

transport

ofHazardous

Material

witl.i respect to

the

Properly.

ARTICLE

3

TERM

3.1.

Term.

The

term

of

this

Lease

shU

co.mmeflcc

on

Octoher

8,

1999

(the

“Commencement

Date”)

or as

soon

thcreaflei’

us

Chicago

Title

Insurance Company

is

able

to

issue

3

---

k~.

082

10’GS

‘99

:0:39

jE,:GR~Q

PRIX

flSS&C

552

99:

2532

P~E-5

a

leasehold

title

insurance

policy

in

favor of Tenant of $47S.000.Ou

reflecting

tit.fc

in

the

name of

Landlord and no unpaid taxes, mortgages, liens or encumbrances which Landlord shall provide, and

shall expire on October 8, 2029.

3.2

Termination,

flat any time during the term

olthis

Lease Tenant

is dissatisfied with

the

(1)

status or procedure of’Closure (as defined herein) of the landfill or

landfills

located

on

the

Property

required

by

the

State,

federal

govenirnent,

Envrronm:nentat

Protection

Agency,

local

authorities or local health organization, or (ii) negotiations respecting the Clos_tre, renmediation

or

ocher matters pertaining to &~vii’onmentalLaws, Tenant shall have the right to terminate this Lease

and

all money

remaining on deposit

in

the

Escrow

Account

(as

defined

herein)

that!

be

automatically paid to Tenant.

Tenant shall not require the consent of Landlord

to withdraw

all

iimds remaining in

the Escrow Account upon termination.

Luntilord shall have no obligation

Ia

reirn.bLu-se Tenant for any advance payments

of

tent- far which.

iupds

ai-e

no

longer held on

deposit

in

the Escrow Account.

ARTICLE 4

RENT

4.1.

Rent,

Commencing on the Commencement Date, and continuing thereufler tinting the

tenn

of this

Lease,

the monthly

ment

shall

be $1,416.66.

Rent shalt

be due

in

ad-vance

on the

(list

day of each month,

except

that

11.0

monthly

rent

shall

he

paid

until

all

piepaynlcncs of rent

have

been applied. Rent shall be paid into the Escrow Account,

4.1.1

-

Prepayment of Rent in Advance.

On or prior

to

the Commencement Date,

Tenant

shall pay a

otal. of $238,210.00 into art escrow

at Chicago Title and Trust Comp-~ny,23

Pubbe

Square

Suite

310,

SelLeville,

EL 62226,

(the

“Escrow

Account”)

as

a

prep~yrnentof rent.

Escrow fees and

charges

shall

be

paid. by the parties

as

is customary.

All prepayments of rent shall

be

applied

aiid

credited

as

i-ent

becomes

due.

Landlord

must

use

such

ftmds

to

pay

in

lull

Landlord’s

mortgage

to

Carolyn

Sujistik,

Trustee

dated

October

9.

1979

(recorded

as

Document

Nn.

A638050

in

Book

2475

at

Page

1411) which shall

he

paid directly

from

the

Escrow

Account.

Landord

acknowledges

Tenant’s

deposit

of

550,003.00

of

said

S208,210.00

into

the

Escrow

AccoLint

pilor hereto.

4,1.2

Additionatprepayrnents of Rent.

Tenant, upon the request of Lar.dkird,

may

deposit

into

an

escrow

account

at

West

Pointe

l3ank and Trust (“Escrow

Account”) such additional

sums

as pre~aymentof rent

as Tenant, in

its sole discretion,

considers

appropriate.

Landlord shall

only

be

entitled

to

draw

against

the

funds

in

the

Escrow

Account

for (I)

rent,

as

and

when

it

becomes-due oMy

when all

prepayrnents

have been

credited to rent,

and

subject

to

4.1.3

below;

(2)

to

pay

the

expenses

relating

to

the

Closure of the

landfill

or

landfills

on

the

Property

and

any

remediabon

or response

relating

thereto

required

by

relevant

authorities

as

prerequisitc

to

Closure

of such

landfill or landfills;

(3) to

pay

ôxpc.nses

of Post-Closure cart,

(4)

to construct

and inaintam

any

“structural

components”

as

de.tmned

in 415

ILCS

5/22.360;

or

(5)

to

satisfy

the

indemnity

set

lorib in Paragraph .8.2.2

hereoil

.

4

---

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~52 ~81 2632

PØGE

41.3

Closure,

Post-Closure, Mnhori.ng

and

Remediation

Costs.

In

the

event

any

of

the

Agencies

requires

monitunug,

remediution

or

other

sups

to

dctermir.c

the

naturc

and

existence of

any

Ha2ardous

Materials

on

the

Property

or

the

r’~inodiation:~iereoI~

all

costs

and

expenses thereof shall be

first

paid oat of the Esciow Account

and

in

the event

the

Escrow Accotut

does

not

contain

enough

funds

to

cover

such

expenses,

Land~nrdshall

be

responsible

for

the

payment

thereof.

All

rent

shall

be

used

by

Landlord

to

pay

rcrncdiatio.n

expenses

referred

to

in

paragraph 41.2(2)

and (3) above

until

Clostn-e

and

Post—Closure

have

been completed-

In no event

shall Tenant be obligated

to

pay any such costs.

Any such p~ynientsfroni the

Esct-ow AccoiLnI shall

be

considered

prcp-a~iientof

rent.

Notwithstanding

an~ftingin

thk

Lease

to

the

contrary,

Landlord

shall net be

liable

to Tenant

for interference or intemiption

of Tenant’s

use and enjoyuent

olthe Property which occurs

as

a result of Landlord’s performance of its

duties under this

Lease and

Landlord

shall

not

he

deemed

in

breach of any

express

or

implied

covenant

of quiet

enjoyment

hereunder

s

a

result of any

activities

taken

by

Landlord in

compliance with

the provisions

of this

l.case.

Landiord

shalt

use all

reasonable effcnis not to

interfere with Tenant’s

use ol’the Property.

ARTICLE

5

USE

5.1

Use.

TenHnt

shall

use

and

occupy

(he

premises

only

as

a

public

parking

lot

and

such

related activities

as

may be noniudly associated

with

a similar opei-at~on.

-.

ARTICLE 6

MAINTENANCE AND REPMRS

6.1.

Maintenance

Obligations.

‘tenant

agree~cto

intpmve

the

Property

as

a

parking

lot,

including

lighting

and

other amenities

deemed

necessary

to

accommodate parking on the Property,

in

Teinint’s

discretion,

and

to

maintain

such

improvements

dunn

the

tcnn

hereof

at

its

sole

cust

and expense.

Notwithstanding

the

foregoing, Tenar~t~bul1

not

be

responsible

to improve,

maintain,

repair

or

replace

improvements

on

the

Property

if

such

improvement,

repair,

or

maintenance

is

necessaty

to comply with

the

Environmental Laws,

which inprov~mcnt,maintenance,

replacement

or repair shall be the sole i-espons.ibihty of Landlord.

ARTICLE?

-

REMEDIATION OP HAZARDOUS MATERIALS

7.1..

Condftion of Premises.

Landlord acknowledges that

it

is

Landlord’s

responsihil~ty

to

comply

with

all

laws

with

respect

to

the

Closure

of the

landfilL,

;uid

the

mo~Uoi-ing,

containment

and

clean

up of all

Hazardous

M4teriuls

iii,

on

or about the

Propeity.

Landlord acknowledges

that

Tenaut

shall h4

e

no

responsibility

lot-

monitoring, corn&nm~nt

or clean up ofHwzardous

Materials

in,

on

or

about

the

Property

and

hereby

agrees

to

indemnify

and

Ibrever

hold

Tenant

flee

and

harmless

&om any ctaiitis, demands, costs, dantagcs,

attorneys fees

and expenses rehfled thereto.

5

---

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~b~uL

etc

7.2

Compliance v.ith

Laws.

Landlord shall,

during

the

term

of the

Lease,

tiilly comply

With

all

state

and

federal Laws

in compliance with

Agency matters.

ARTICLE

8

INSURANCE ANI)

LNDEMNII

Y

8.1.

Li-ahility

lnswtnce.

-

8.1.1

Tenant,

at

its

cost,

shall

take

out

and

keee

in

force

during

the

term of this

lease,

comprehensive

public

liability

and

properly

damage

insurance,

and

general

liability

insurance,

on

an

occurRnce basis,

in

an amount ~otless than

Si,OQO,OfiO.uju

combined single

Limits,

insuring

against

bodily

injury

and/or

death

to

persons,

damages

to

property

and

all

liability

of

Tenant

and

its

authoiized

meprcsentauves

arising

out

of and

in

connection

with

Tenant’s

use

or

occupancy

of the

premises,

excluding

the

sole

negligence

of Landlord

and

excluding

injt~ryor

liability

adsing

from

environmental

conditions.

All

such

insunince

shall

insure

perlonnance

by

Tenant of

the

indemnity

provisions of this

Lease.

Landlord

shall.

he

ndrned

as

an

addition-al

in.cured,

aid

the

policy

shall

pi-ovide covcr~ge

for personal

injury

and contiactual

liability.

8.1.2

Landlord,

at

its

COSL

shatl

take ant

w;d

keel)

in

force

dum-ing

the

term

of

thi.s

lease,

compi-ehensive

public

liability

and

property

damage

insurance,

and

general

liability

thsurance, on

an

occurrence basis,

in

an amount not less

than

$l,000,00ftQO combined single

Units,

insuring

against

bodily

injury

and/or

death

to

persons,

damagc~.to

property

and

all

liability

of

Landlord

and

its authorized

representatives arish.g out

ofancl

in connection with any

work done

on

the

Property

on

behalf

of

Landlord,

excluding

the

sole

negligence

of

Tenant,

and

insining

performance

by

Landlord of

the

indemnity

provisions

of this

ease.

Tenant

shall

be

named

as

an

ndditional

instit-ed,

and

the

policy

shall

pm~ide

coverage

for

personal

injury

and

contractnal

liability.

8.2

lodemnity.

8.2.1

Tenant

hereby

covenants

and

agrees

to

hold

harmless

Landlord

from

any

and

all

liability,

loss,

costs,

charges,

penalties,

obligations.

expenses,

reasonable

attorne~s’fees,

Litigation.

judgments,

damages,

claims

and

deniands

of

any

hind

whalsoever

in

connection

with,

aris:ng

our

of or

by

reason

of,

any

violation of the

Lease or of any

Law,

by

Tenant,

its

authorized

representatives,

customers

or

business

invitees,

or

by

reason

of any

injury

or

damage

however

occurring

to

any

pe~on

or persons

whomsoever (including Tenant,

i:s

authoriz~-drepresentatives,

customers

or

business

invitees),

or

to

property

of

any

kind

whatsoevcr

and

to

whomsoever

belonging

(including

Tenant,

its

authorized

representatives, customers or business

invitees)

while

in. upon,

about or

in

any way connected

with the Property or any pottion

thercoiduring the term of

this

lease.

Tenant,

as

a

ma:erial part of the

consideration

to

lAndlord,

hereby

assumes all

risk

of

damage to

property or

injury to persons

in, upon or about tl’e premises

arising

fl-nm

Tenant’s use of

the

Property

a.s

a

parking tot.

Notwithstanding

the

foregoing, Tenant

shall

not he

responsible

hi

nor

hold

Landlord

harmless

for

any

injury,•death or damage relating

to any

matter

resultU-ig

liotn,

6

---

FiLE

~o.

0S2

i3’DB

‘6~

iO:~i

iD:3~\DPRIX

~SSOC

56?

SSt

2532

relating

tu

OF

caused

cftrectly

or

indirccll.y

by

Landlord’s

negligence

or

s-elating

to,

caused

by

(directly or indirectly)

any

Hazardous

Materials

located

on

(he

Property

(despite any

knowledge

by

Iemmt ofslLch existence).

8.2.2

Landlord

hereby

covenants

and

agrees

to hold harmless

Tenant

and

its

grantces

from

any

and

all liability,

loss,

charges,

penalties, obligations,

expenses, liens,

administrative

orders

ard notices,

costs (ir.cluding without

limitation

response and/or remedial

costs), personal

injuries,

tines,

penalties

and expenses, including ro~isonah!.eattoi-neys’, consultants’

and experts

Ices, litigation, court costs

and

other out-of-pocket

expenses.. jud~ments,

damages,

claims and

den~andsof any

kind whatsoever suffered by

Tenant as the resolt ofany breach oltliis

Lease

by Landlord,

the

environmental

condition of the

Property,

tI-ic

fonner landfill.

or landlills

on

the

Property,

soil

ancL’or ground water containination.

all

on-sight and off-sight rcmcdiatiou

or

response pertaining

to

the Property.

and

Environmental Law obligations

or violation

oltuw

by

Landlord,

its

predecessors, agents,

and representatives.

-

ARTJCL1~9

BUSINESS

INTERUPTION

AND/OR

DESTRUCTION OF

PREMISES

9.1.

Damage

Restoration.

if

during the

term,

the

Property

is

totally or partially

destroyed

or rendered

totally or partially inaccessible or

tinusable, within

thirty

(3(5) days of the

event

causing

the

destruction or

inaccessibility,

Landlord

shall deteuiiine

whether

Landloi-d

will

to

restore

the

Property

If

Landlord

elects

to

restore

the

property,

Landlord

must

commence

rcstortth.on

within

thirty

(30)

days.

During

the

time -the

property-was

rendered

totally

or

partially

unusablc

as

a

parking

lot.

rent.

shall

abate.

If

Landlord

elects

to

restore

the

Property,

it

must

be

restored

tp

substantially

the sante condition

as it was

immediately

bofore destruction or

event

which

causes the

interruption

or

inaccessibility.

If Landlord

dous

not

ieslo:re

tlic.:

Property,

Tenant

may

elect

to

toi-minute

this

Lease

and

all

prepaid

rent

then

remaining

in.

the

Escrow

Account.

shall

be

mmediatL’ly

refunded

from

(lie

Escrow

Account

-

.

-

ARTIIOLS

10

UTILITIES, TAXES

AND

INSURANCE

Ut.

l’enaiit

shall

pay

for

a11 el~c1ricity,water (~ncftding

sewer

fees

anti/or

taxes or

levies

based

on

water

consumption),

gas, heat,

and

other

utilities

and.

services

(including

meters, if any)

supplied to

the

Property

during

the

term hereof

-

10.2.

-

During

the

tenn

hereof,

Tenant

shall

pay

all

tea)

property

taxes

and

assessments

related

It’

the

Property

in

a

timely

manner.

Notwit-hstauding

the

Foregoing,

Tenant

shall

not

be

responsible

for

any

assessments

relating

to

environmental

conditions,

or

for

taxes or

assessments

reta~ing

to

a time period prior

to

the commencement

or

td~em:

termination

of

this Lease.

-

10.3,

Tenant

shall

pay

all

fire

and

extended liability

insurance

coverage on

the

Property

--during the terni

hereof.

-

-

1

-

---

FILE r~o.082 1o’OS

‘59

iO:t1 jD:GR~D

PRIX

flSSOC

562

981

2532

P~GE

ARTiCLE 11

ASSlGNMl~NTANDSUBLETTING

II

-

I

-

Consent Required. Any assignment

or subletting of the Property by Tenant shall

require

the prior written

consent of

Landlord, which

shall

rot be

unreasonably

withheld.

ARTJOLE

12

DEFAULTS:

REMEDIES

-

2.1.

Dclitut

Ny Tenant.

The

occurrence

of any one or

more of the

following events

shall

constitute

-a defauh

and

a breach ofthis Lease by Tenant:

2.1.1

-

Failure

to

pay

rent

or

any

other

required

payment when due, if the t~tiiure

continues

for ten

(10) days

alter notice has been given to

Tenant.

-

-

12.1.2.

The failure oI’Tenant

to

observe or perform

any

covenant, condition

or

provision clthis Lease to

he

observed or performed by Tenant (except

where

a

ditièrent

time

period

is speci fled

in this

Lease)

where

such

failure shall continue for a period

of

thirty (30) days

afler

written

notice

thereof

from

Landlord-

to Tenant.

in the

event that

such

cure cannot

be

perlbrmed

within thirty

(30) days, bitt

Ten-ant has commenced the

cure

within

such

thirty day

tinie

pei-iod,

Tcnant .cl,ull not be

considered to be

in default.

121.3

11

Landlord

is

in

default which

it

Uails

Ic

cure,

then

in

addition,

Tenapt

shall

retain any and.

all

rights

and

remedies

available

to

it

at

law

or

in

cqtrty,

including,

but

n~’t

lini:ted

to,

the

right to

sue for damages or for specific

perfo.nnancc.

Tenant’s remedies shall he

deemed

cumulative

and

lint

exclusive.

12.2.

Default by Landlord.

The occurrence of

any

one

or more of

the folIowiii~events shall

const)tlLte

a default and

a hi-each of this

Lease

by

Landlord:

12.2.1.

A

bi-each

of

Landlord’s representations and warranties;

-

12.2.2

The

Failw-e

of Landlord to

ohsen’e or perlbrm

any covenant, condition

or

provision of this

Lease to

he observed or perfonDed by Landlord (except

where

a

different time

period

is

specitiecl

in

this

Lease)

where

sneb

failure

shall continue

for

a period oithirty

(30)

days

after

written

notice

thereof

rroin Tenant to

Landlord.

In

the event that

such

cure

cannot

be

perfoniied

within

thirty

(30) days, but

Landlord has commenced the cure

within

such thirty

day

time period.

Landlord

shall not he

considered

lobe

in

default.

-

12.2.3

If Teuant

is

in

default

which it

fails

to

cure,

then

in

addition,

Landlord

shall retain

any

and

all

rights

and

remedies

available

to

it

at

law

or in

equity,

including,

but

not

limited to,

the right

to

sue

for

damages or

for specific

performance.

Lund!ord’s

remedies

shall

be

8

---

r

‘-.0.

US~

:u’~t~ ~ithlu:Ll

iu:~j~N..rx~Y~

~4SSUL

deemed cumulative

and not exclusive.

12.3.

Return

olEscrow Account Fundsjjpnn Termiiiatioii.

If this Lease

is tenniriMcd for

-.

arty

zeaso’, other

tha~idue LoTenjuit’s clef4ult, then all funds remainIng ui the Escrow kccourt

shall he

promptly

returned to

Tenant.

-

12.4

Remedies.

Ii tither

party commits

a

default,

th.e

other

may,

w

hout

further

notice

tcrminate this Lease.

Acts of maintenance, efforts to relet

the Property, or thc

appointment of

it

receiver

on Land~ord’sinitiative to protect Landlord’s interest under this tease shall not constitute n

termination of

Tenant’s

right to

possession.

kRTICLE

13

PURCHASE OBLIGATION

13. t.

Tenant’s Obligation

to

Purch-ase

Tenant shall be obli~e-d

to purchase the

Property

in

accorthmce with the terms of the Real Ustate Sate Contract attached hereto as Exhibit

1), pro~dcled

Tenant

shall only be obligated

to do

so upon the completion of Closure

or prospecttve and

continuing

Post

Closure

care,

in Tenant’s

sole discretion,

satisfaction

and

judgment, incitiding

bitt.

not li.nii red to the lb

Ilowing:

A-

receipt by

theTenant of appropriate docwncnt-ation from the Agencies

directed. to

Landlord (I) approving

Landlords plan

irnptenie.nting- remediation, Closure and Post

Closure oblig&rcions (“CLosure Plan”), (ii) notifying

Landlord thvt the

solid

waste

landfill(s)

mid

Waste

management site(s) previously

iii operation o.n the Propetiy (“l.~ndtills°)

are (A) clo~ed

pursuant to

La~dloj-d’s

upprovcd

Closure

Pian (which

Closure

P1-ar.

shall

have disclosed. fitly

Tenant’s

plans to

constiuct

parking facilities and ussociated structures on the Property and use

the Property

during the period of the Lease and thereafier as a put-king facitty and for other

related purposes,

and

such use shall be compatible with such Closure Plan) or (B) shall be

closed

subject

to

post

closure obligations of Landlord, at time no greater

than five

(5) years rifter

the Coniniencenient Date of the Lease,

(C:) that Landlord has fully

met

the

closure requirements

oI’thc

Agencies,

~nd (D)

that

Landlord has complied or has implemented

the nieans

to comply

with

the terms oirequirements ofthe

Environmental

Laws and

other stattnes, regulations

and

ordinances,

including but

not

limited

Lo post closure care of the

taridflhls

on

the

Property;

B.

written verification

by

Agencies that on account

oftlie past operation of

landflUs,

reri1cdjation of any soil, groundwater or ~tu-jhce

water corrective uction has

been

accomplished

to Agencies’ satisfaction and that

no

further remediation

is necessary on,

in or at

the

Property or adjacent properties;

C.

written verifiàation from the Agencies as to

the

tenns

mind conditions of

prospect:\-e obligations

respecting the post-closure care of the

Landfills,

including

hut

tot liLuited

to,

(t)

the ucquisition and

omintenunce of flnancial assurance lot closure and

post closure care

and

muintciiauce, including but

nor

hmitcd

to, closure insurance or surely bonds,

(ii) Icachate and

-

other monitorLng.

(iii) installation

-and maintenance

of

“structural components”, as

dcflned in

9

---

F-WE

No.

082

13’OB

‘99

10~2j3:R~N3PRiX

~SSOC

662

981

2632

415

ILCS

5/22.36(b)

and as may he amended

from

time to

time during Landlord’s continuing

responsibilities

hereunder, and (iv)

any other requirement ofthe Agencies or the Enviroriment&

Laws;

-

t).

Latidiord’s

written acknowledgment

tI-lLtt Tenant has

no

obU.gation.s

respecting

Landlords

rcspon.sihibtics

in

subparagraphs

(A)-(C) hereol~that

Tenant

has had

no

part in di~

ownership

or operation of thc

Landfills,

and that Landlord has

a continuing

obligation, to

indemnify Tenant respecting

those obligations,

as part o.f Liiadlorcl’s indemnificarico obligatious

set

forth above.

F.

Tenant agrees

for itself,

its

employees,

agents, i.nvitees,

eontraclors,

lessees, lenders,

affiliates,

successors and assigns not

to

(D

unreasonably

interfere

with ttie

performance of any remedial work hereunder or

(ii)

contribute to

or exacerbate the

environmental

conditions of

the

Property.

Additionally, Tenant

igrecs to

promptly

provide

Landlord with copies ofnil correspondence,

inctuUiug

without

limitation

reports

and other data,

with

IEPA cc3neeraing the environmental conditions

existing on

the Property.

F.

Landlord agrees

far themselves,

their employees.

agents, invitees,

co.utr;ictors,

lessees,

lenders, affiliates, successors

a1d

assigns not to exacerhate the

environmental

conditions of

the

Property.

-

C.

To

the extent

that, as the

sole result of Tenant’s activities on

the Property,

thiy en Vlrotititenitl

remediation wnrkds

required,

the expense ofsuch rerned~ation

shall

he the

sole expense of Tenant.

13.2

At

the closing on

the aetd Estate Sales

Contract attached

het-eto

as

Exhibit

B.

Teuan.t

shall he entitled

to

apply against the purchase price therein all

rent -paid

hereunder,

inchiLling

hut not

limited

to

prepaid rent under pant~ruphs

4.1.1

and 4.1.2.

ARTICLE

I 4

GENE RAL

PRO\1ISJONS

14.1.

Severability.

The invalidity ofany provision of this lease, as determined by

a court oi

competent Jurisdiction, shall injo way affect the validity of aiiy otherprovision

thereot

14.2.

C:aptions.

Article and

seeUon captions are not

a part

hereof

14.3.

Incomoration

of

Prior

Agreements.

This

Icase

and

exhibits

hereto

contain

all

agi-een)ents

of the

parties

with

respect

to

mmy

matter mentioned

herein,

No

prior

agreement

or

understanding pertaining

to

any

such

matter

shall

be

effective,

‘his

lease may

be

modihed

in

writing

only, signed by the pal-ties

in interest at

the time ofthe ‘modification.

14.4.

-Notices,

Any and

all

notices

and deinuid~by

or from

Landlord

to

Tenant,

or by or-’’--

to-

---

frt~ti~.

~

~

-~:u-:c~1~i:~~NJ

~mx

p~çy

PaCE

from Tenant to

Landlord, required or desired

to

be given hereunder, shall

be

in writing, and shall

be

validly given or made if served either personafly, or-if deposited in

the

United

States mail, certified

or

registered,

postage

prepaid, return

receipt

requested

to

the

addresses

set

tbnh

below.

F

such

notice

or demand

be

served

personally,

service

shall.

he conclusively

de~nmcdmade

at

the

tune of

such

personal

service.

If such

notice

or

demand be

served

by

registered

or

certitied.

mail

in

the

niunner

herein provided,

sel’vice

shall be conclusively

deemed

rn-ide

two

(2’t days

after the deposit

th’an’eof in

the

United

States

maiL addressed

to

the

party

to

whom

such

notice

or demand

is

to

be

given as

hemeinafler set

forth. Any

party hereto

may

change its

uddress

for

the

purpose ofreceiving

no1~ees

or demands

as herein provided by

a written notice

given in

the

manner aforesaid to

the other

padv hereto.

LurmdLord:

With Copy

to:

Donald

Weihl,

Esq.

Greensleldem

Flemker & Gale

Ronald ~uidDonna Hayden

33

lironLe .Pointe

Blvd

625

E.

Clinton

St.

-

Sw;mnsee,

1L6222A

-

Caseyvitle,

IL 62234

Tenant:

With

Copy

to:

Klaus

M.

Belohoubelç

Esq.

Dover Downs

Entertainment, Inc.

Gateway International

?vlotorsports

Corporation

2200

Concord

Pike

3000

Paciflc Avenue

Wilmington,

DE

19303

Long

Scach,

CA 90806

14.5.

\¼’aivem,t’4o

waiver by

Landlord of any

provision

hereofshal

be d~emed

a waiver

of any

other

provision

he~&ofor of any

subsequent

breach

by

1’enant

of the

same

or

any

other

provision.

Landlord’s consent to,

or approval of; any

act shalt

not

be deemed

to render tinnccessary

the

obtaining

of

Landlord’s

consent

to,

or

approval

of,

any

sEtIlsecJtJent

act

by

Tenant.

The

acceptance ofrent hereunder

by Landlord shall

not be

a

waiver of any

~irecedirug

breach

by

Tenant

of any

provision

hereof,

oilier

~ian the

faiturc of Tenant

to

pay

the

pailicular

rent

so

accepted,

regardless

ol’Landlord’s knowledge ofsuch preceding breach at tk;

time ofacceptance ofsrieh rent.

14.6.

Recording

Memorandum

of

Lease.

The

parties

chat!

agree

upon

a

form

of

Memorandum of Lease and

record the same.

The cost of tecording

shall

he

shared

cqtailly

by

the

parties ~ndpaid out of escrow,

14.7.

Holding

Over,

If Tenant remains

in

possession of the prem~ses,or

any

pats thereof,

after

the

expiration

ot’

the

tern-i

hereof,

without

the

express

wi~1tencoi sent

of

Landlord,

such

occupancy

shall

be

a

tenancy

from

month-to-month

at

a

rental

in

the

amount equal

to

the

monthly

-

‘

rental

immediately

preceding

the

expiration

date,

plus

all

oIlier charges

payable

hereunder,

and

upon

all the terms horeof applicable to

a

month~to-monthtenancy.

14.8.

Cumulative

Rernedie,~. No

remedy

or’

election hereunder

.shaH

he

deemed

exclusive

~bLshall,

wherever possible,

be cumulative

with

all other remedies at

law-or

in equity.

11

---

IL.L

~.

~

~:A~

L:~~\u

HHX

~SSuC

552

S

2532

P~GE

14.9.

Covenants

and

Conditions.

Each

provision

ol’ this

lease

performable

by

Landlord

and/or Tenant shall

be deemed

both a covenant and condition.

-

14.10.

Binding

Effect;

Choice

of

Law.

Subject

to

any

provisions

hereof

restricting

assign:neiu

or subletting

by Tenant,

this

lease

shall

hint!

the

parties, their personal

representatives.

successors,

arid

assigns.

This

lease

shall

be

governed

by

arid

be

construed

and

interpreted

in

accordance

~vi

thi

the laws of the

SI4Le of Illinois.

-

14.11.

-

Attorney

Fees.

In

the

cvent

there

is

a

default

here-under b~either

party,

and

the

other pany engages an attorney

to prepare a notice

or notices

and/or to oihenvise commun.ieale with

t1i~

defaulting

I)afly,

then

the

defaulting

party

shah

be

liable

to

the

other

party

for

its

reasonable

attorney

fees

incurred

by

it for such

sen-ices.

F

either

party

commences

an

action

or

arbitration

proceeding

against the

other

party

arising

out of or

in c~nuectionwith

this

(case,

the

prevailing

party shall

be

entitled

to

have and recover from the

hosing party

reasonable attorney

lees and costs.

412.

Merger’.

‘(‘he

voluntary

or

other

surrender

of this

lease

by

Tenant,

or

a

mutual

cancellation

hereof,

shall.

not

work

a

merger,

and

shall,

3t

the

option of Landlord.

terminate

all

or’

any exi5ting

subtenuncies, or may,

at

the option ofLandlord, operate as

an assign~rnontto

Landlord

of’

any

or

ul

of’ such suhtenancics.

1413.

Corp~~te

Authority.

Each corporation

signing

this

1_east

represents

and

~Varrants

that

it

is

a corporation

iii

good standing.

Each individual executing this lease on behalf ofTenant,

if

a

corporation, represents and \van’unts thaI be is duly

authod’eed to

excctfle and

dFtiver this

lease on

bcliahlol’said

coi’por’ation,

in

accordance withu duly adopted resolution

cithe board o,idirectoi’s

ol’

said

corporation, and that

this lease is binding

upon said

corporation

in aecordisnce with

its

terms.

I 4

4

Landlord’s

Entry

on

Premises,

Landlord

and

its

authorized

representatives

shall.

have

the

right

to

enter

the

Property

at

all

reasonable

times

for

any

of

the

following

piaposes.

provided Landlord gives Tenant forty-eight (48) hour’s prior notice.

4.14.1.

To

detennine

whether

the

Property

is

in

good

condition

and

whether

Tenant

is complying

with

its obligations under this lease.

-

14.14,2.

To

perform

ar~ynionitorh.ig,

testing,

remediation

requited

by

law,

acid

to

make any

restoration to

the Property that

Lnndlord

has

(‘he tight,

option,

or

obligation

to

perform,

subject lo

Paragraph

9.1.

-

14.15. Liens

Except

‘or

any work caused or directed to he caused by

Ltuidlord,

IerusnL shall-

at

all

times

inderhnify, save and

hold

Landlord harmless and

the

premises

free,

clear and

harmless

from

any

claims,

liens,

demands,

charges,

encumbrances

ct

litigation

arising directly

or indirectly

out

o

any

use, occupancy or

activity of Tenant, or out of~ny work performed.

material

furnished,

or obligations

incurred

by

-en’ah~

in,

upon,

about or otherwise

in

connection with the pren

sos:

12

---

riL.~ No.

Ud~

:U’~ ‘~9i3~3

~D:GR~ZNE

PRIX

flSSUC

562

98:2632

4.16.

Exhibits.

All

exhibits

attached hereto

ann!

refen’ed

to

herein are hereby

incorporated

herein

as though

set forth at length.

4.17.

Broker.

Each party

represents that

it

has not had

dealings with a real estate broker,

finder,

or other

person,

with

respect

to

this

lease.

Each

party

shall

hold

harmless

the

other rany

f~mall

damages

resulting

from

any

claims

that

may

be

asserted

against the

oilier

rart

by

any

brok~j,flndcr or other person with w~otnthe other paity bus or purportedly has detdt,

written.

IN \\TENESS

WHEREOF the

parties hereto have

set’

theft hands

us

of’ the date

first

above

Ci AT

EWAY INTERNATIONAL

MOTORSPORTS

COR2ORATI

By

-~

CHRiSTOPHER R. P00K,

Executive Vice President

1’TENANT”

hAYDEN

WRECICI’NCi CORPOTA’rON

RONALD HAYDEN, President

“LANDLORD”

13

---

FILE No. 082 10’OB

‘99 1O~3ID:GR~ND

PRIM ~SS~

562

es:

2632

p~r

XHThITA

Leplflcicrlption cfPremsu

Fan otthe Southwest Quarter of Sect4o~

5th

Town.thip 2 North Range 9 Wealofthe Third Principal

MeriWan.

St. dali

County, Illinois, mon particularly described as

I.bflowg, to wit:

Cozu~.rxingat the intec~ecUonof

the East Right ofWay lice. ofStat~

Bmid ~aueRoute No.4 ~d

the

North line ofthe Southwu~Quarter

of the Southwest

Quij~er

~ad SectionS:

runnirt; thea~c

Eail

along the North

line,

ofth~

$outhwos~

Quarter ofthe Southwest

usrter ofuid Sc~tion

6 to tha

egs~Ins otthe Southwest

Quarter ofthe Sot4thwest Quarler ofsaid Scc~on

5;

runnina thence South

along

the

East

line

of nid Southwest

Quarter of the Southwest

Quarter

of

said Section

5

to

its

intersection with

the North

Right of

Way

line ofFrontage Road S ofPedenI

A4d

Interchauge

70.

(rtfeztrtee being had to the

p1st thereofr~zc~td

tzi His R.ecortlers Offii’c of St.

Clair County, flhlnois,

In Book ofFlats

53

on, page 30; running

thence on a curve to

th: Right (said cuxve

having a Radius

of 1206.23 fret) &ong the Right ofWay liner oTs~id

Fmnrz~e

Read B toils

int~c~Uon

with the East

Rlgh~of

Way

line of

said

State ~ond iuua Route No.4. running thenee North

along the Right cii

Way

line

of

State

Bond t~ua

Route

No.4 to the point of beginning.

-

Situated in

St.

Clair County, Illinois.

i:\~kv

;Ii:n~Thuydcn\rntn~o

a(uubIariD-puwiyAo:

---

FiLE \o. 062 IC—OS

‘99 :0:h3 !J:GR,~NjPRfXflSS0C

562 98. 2632

05/02/09

12:00

p615

P

8984

JO~SONACE?~cV

~O03

I-Fl

-

REAL ESTATE

SALE

CONTRACT

THl~ISA i2ci*isv

aI?WtNq

CONTRACT: IF NOT

U?~QER5TOOO,SflK

CQMPET~$TLEGAL

ADVICE

COMfl4E~cfAL~AJ4

coMrfl.A,Q1

APPROV~p

fly

m~

BELLRVILLg AREA ASSOCIATION

OP RULTqPa~,

INC.

DAlE

~

.

l~

2E____

—

~

IIAVOEN

Hr..ns~J

fl~j:

oraLinnnM~.a~iri

~UYES

~

~t~c

~

t~cr~crspwrts.-tn-t~.

5$NIE;N

rnrrrnrnt.nri

S5N/F~lN~fl

~ç.iL’~

cornoracioi~

SEU.Ek

___________________________________________

BUT~R

___________

_____________________________________

—

.

5$N/P~PN

37—1.3:R~5

E.

Cflnton

St.

t~oliss

3000

P.~:ific:

Ave.

sTA7e~.E_zlp~334çjfl’Lonq

~each

~

ATIO.SNEY

Dnr1~1d

Wej~

ATTORNSY

-

U5TlNOE~O~RKonn~~hnsQ.a_____pMON(

_____

CO.CP

BRO

R_~_,_

__~PHONE

As~N~~Ly~e

Th~’:ber

_________

AGENT

_.

___________________

______

—

I

OFFER

AMO

ACCEPTANCE.

Thn.

ttfrn

.h~II

con$1tUTe

~n

oftf

wh~th

sbahnxpro and .cme..t

moray ~hq~lha rsharna,d, untass th~

offer

is

oCCQp~ca

an o

barn

10/8/99

,

~

9:00

~

a

-

£4.

2.

MUTUAL COVCNANTS.

Scud.;

a~rccto

saU

and

Buyer(i)

agile

to

p.4rchcso

the

foftawinu

des~ib~4

real &ai.

a~pflç~cty,

together

stP~ C’.

cppt-n.ncnca, ;hara~n,u~anthe

ta-mi

i~i

(cdi in thi

Caruroci;

(tego!

d.acdptton/poraf

r.urnbtr)

02—05. O—330—oia

(per

1&g~lde~cr.Letio:~

attacheä)

_________________________________

________

in

In.

book

o( glat.

______________________

an po;e

tilvared

Er

~r

.

¶ r

Cc~n,lll;ni~r,.

and

ccmrnonly knaM,

as

______________________________________________

____________________________

wth çpro*lmoie

at

,tacr

15.81

ctcrc~s

subje::t

to

survey

tic

(ob~oc.nas

Gat.e~ayInternationa1floLcrs~o~-.-

~.

PURCHAS~

PRICE.

Buyor(il a~ecto

pay to 3c!le~lh.

iota!

SUCTt c(_Foj~

F~ij~Jr~d

S~’~antyFivi~

Pbn,ign,1

Dol’n

c~

...~._iI25 rr;o.

fit)

I.

B~yat(.~

haQe pod

n,-gnn

-

______

Collar

(S

___~_-.)

°‘‘°~~

Jsceieasc.

an~Addendum)

DoIc,

n’oi’..-y ct4 on

or

before

_Q~_~

I

~

~.:lF

pay

an gddtt,nql

sum

of

____________________________

......_.~J

Ic

be

heFd

in

the

Irvsi cc~wnrot

-

...t,r

~.t,ery

ioSeicr(a~at(me o!Clo,Ing.

Th~

~‘‘~°

~f

th.c p~rcnc~o

price. a~u,t.4by

prcraflqna

arid c~dj.

allowed

H,n

ponies b~

flue

Ca.itracl,

shall be pc4

to

Scfler(s) of Ciofli7.

1. CLOSINQ. CIosln9

da:e I, de4ned

as

the

dcy

an s.4;tth

the tnatcunicniT

ccnv.yiag flik

oro

placed

o

r~~rd,

Th.

sate

wndcr th13 Contracts fob. c!~,S

__________

Can’cci,

en

orbefara3!UjaIs

after

fluyer

cn~~~ate&topunchaso

~

5.

POSSESCION.

7Th.

5el.or(s)

cØr,e

to

vocqys

o’

oust

~o

be

yucct.d rho

oha-re premises

art

at

before

In

eflct?~

1

pcIsa-vr!cn,

fes:*h~d,,

arid

ott

ri~~ht,

tlcreundee,

6.

pgpsoNAL.

PROP5RTY.

I?.

uyt~s~s~ocd

aq~

o~reedhat

alt windaw troq~rnentiloccsiscrl.r,

11ghr

(l~u?4J

and

coiling (an,,

_________

window

a

c,njttianen. LP to.rik

(~EASED/OWN~D;,

garoqe

door

opener

&

_________

remc~v

u-ins,

sunup

fump, carpc!ing,

zocuity

575/amA

(L9.SED/CW\E21.

to’ephori. ,ysten~, op

~

fI.iur~,cçu!pnscni

end

ahcchad

olicles

and

tie foI!cw!n~liorr.s

whjth 5c!lct~i)

dada’.

-they

own or,

iraludad

Fr

“a

cbo,e

rier.n~n*~

price

CALfllOpq:

mie

W)U~

5!

A

LZD.&LLY

HIHO4HG

CO?4TMCY

WM174

I~NEO.

P

YOu

Do

tCT

UNOtflTANCi

1/14 TL~M~

hEX

I.ECAL COUHIV

5C?VPI

SIO)4L’~3.

This rorcr~crINC(L’t&S

I

NUM9E~OF

THE

FOLLOWING

Aoornoq~

PRE.FRlt4T~O

AaD~N0uMS

lOESTtFl~O

B~

UTrE.~5

_____________—.

tincicrq

.

Addctdun,

tA,

Coeffn9.rø

an

SoIp

of !ui.

P,op.art7

.

A&.nd~r.u‘8’

Cevneerofrer

.

.A,,ed.,du,n

t’

lrlrQcicn

.

Md,ndurn

0’

hpalri

. Add.ndur’

iri~ua!f

snarl ~ar.dCeaurorl

.

M~.rdue,‘0’

Sncindqry

ConI,nci

.

Ad4e~durn

--rj

Zoning/Usa/Survey

.

Ar~~hr.d—n’

‘r

REVIRU

SIDE

OF T$iI

cONTMcr It IMO~

A PAP~TOr tHIS CQIcrMCt

-

0

TI,~

‘~.d,:s,~n.d

~ntlrrn

ti-mt

I+’cy

hw,a

pr.’To’asly cora,rA,d

Ia

-

j’tt~~1.

aci-ng as a

Dual

AgcnNn

pro~iolr~

b’o~etqg~

s-e-.~ce,

art

Itiwir

behalf and .pv4fl~llvcon.vr~t

so

Ucanc,..

a~lr~

a;

a

Dual

Aq.nt i~

~~?°‘~ ‘a

tha

frorIoctiga

cef.r.ee~

to In

ths Cor,trcct.

s.l:cr.chnnrs initial,;

—

yqr-Cllent’i int~ak;

_________________________________________

5EL1~3I$i6WUR~5:

BUYR(3I

SloNAruars

lAY~~Frp

Pn2Trnw~~fr

GATEWAY

~

~pp~

__________________________________________________

spanrnc

rn~na~

Dy:

___________________

_____________

DATh

o~fr

/

(tMc~~~

too

‘

QAT~

_______________________

ME

_____

w17N255

or ACC&TANCE

————

I rflts~

ACKNOW~WG~

~Ec~lpT

o~

t

REC~vEo

BY

LISTiNG AGENCY.

Eflf~’ESlMONtI

M~NTFON~O

AOVE

DATE

_____________________________________________

~

aY_

—

C-~v—E

~CIA.

4’11

COrCMCt a/l/fl

-I

(ycs

tct’r-./l.

A1tç, Aaoo~iv.

a’

l,LtOfl.

a:

---

Eli ko. 082 13—38

‘09 ~3:~ ;~:,~:..jPRX ~SSOC

552 ss: 2532

P~GEC-

O5/O2/~9

12:10

V813

~

8931

.JOKNSQS

AGE~C’:

~oo1

r.

coM?~upIci

WITH

LAW. 8..~c1z14cQ

‘n.la’si

4;’a

Ia

mak.

all d,cl:,u’e,

a,sd

do all

Otis

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‘o

cemp~y

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IN.

pf,’~s1.s~i

of ‘I~~.c’1

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Ar:

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‘a

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a~!

cc,

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a’s/i,

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or

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to

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carnpkr.c.

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p.cc’u,!on, c/lb.

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