A Chicago Illinois Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within a Specified Distance of Structure is a legal agreement between a lessor (property owner) and lessee (tenant) that addresses the issue of drilling near a designated structure. This provision is typically included in a lease agreement for properties located in Chicago, Illinois, where drilling activities need to be restricted to maintain the safety and integrity of the structure. The primary purpose of this waiver is to protect both the lessor's property and the lessee's right to use and enjoy the leased premises. By prohibiting drilling within a specified distance of a structure, the lessor ensures that no harm or damage will occur through drilling operations that could compromise the structural stability, foundation, or pose a threat to occupants. This provision typically outlines the following key components: 1. Prohibited Distance: The waiver specifies the distance within which drilling activities are prohibited from taking place near the structure. The distance may vary depending on the unique circumstances of the property and its surroundings. 2. Structure Definition: The provision clearly defines what constitutes a structure, which may include buildings, houses, garages, or any other permanent fixtures on the property that warrant protection. 3. Lessor Ownership of Surface: It states that the lessor is the rightful owner of the surface, affirming their ownership rights and providing them with the authority to impose restrictions on drilling activities. 4. Prohibition of Drilling: The provision explicitly states that drilling, including any related activities like excavations or similar procedures, is strictly prohibited within the defined distance from the designated structure. 5. Lessee Compliance: The lessee acknowledges and agrees to comply with the terms of the provision, accepting the responsibility to ensure no drilling activities occur within the prohibited distance. Different types of Chicago Illinois Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure may exist based on the specific requirements of the lessor or the nature of the property. Some variations or additional considerations may include: 1. Exception for Minor Drilling: The provision may include exceptions allowing minor drilling activities that do not pose a significant risk to the structure or property. This exception could be subject to certain conditions, such as prior written consent from the lessor or approval from relevant authorities. 2. Alternative Structures: In cases where the property includes various structures with different drilling restrictions, the provision may outline separate distances or rules for each structure. This allows the lessor to tailor the restrictions based on the unique characteristics and requirements of each individual structure. 3. Non-Compliance Consequences: The provision may outline the consequences for non-compliance with the drilling restrictions, such as penalties, fines, or potential termination of the lease agreement. It is crucial for both the lessor and lessee to thoroughly understand and mutually agree upon the terms of the Chicago Illinois Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure. Seeking legal counsel is highly recommended ensuring the provision adequately addresses the needs and concerns of all parties involved.