HomeMy WebLinkAboutRESOLUTION - 56-03 - 10/14/2003 - EXTENSION/PARKING LEASE AGREEMENT RESOLUTION NO. 56-03
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN EXTENSION OF A PARKING LEASE AGREEMENT
(RES. NO. 52-88 AND AMENDED BY RES. NOS. 46-93 AND 42-98) BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON
(666 LANDMEIER ROAD)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as
follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached
documents marked:
LEASE SUPPLEMENT NUMBER THREE
a copy of which is attached hereto and made a part hereof as if fully set forth and the
Village Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this le day of October 2003.
APPROVED this le day of October 2003
APPROVED:
Craig B. Johnson, Mayor
ATTEST:
Ann 1. Walsh, Village Clerk
reso209a.dao
LOMBARD - DESPLAINES R/W
PART OF PARCEL NO. 55 AND 64
NE 1/4 SEC. 28 & NW 1/ SEC. 27
TWP. 41 R 11 E.
OF THE THIRD PRINCIPAL MERIDIAN
COOK COUNTY, ILLINOIS
COMED TAX PARCELS 4493 & 5773-4
COMED NORTHEAST REGION
P.I.N. # 08-27-100-032-0000
& 08-28-224-011-0000
LEASE SUPPLEMENT NUMBER THREE
LANDLORD: Commonwealth Edison Company, an Illinois Corporation
TENANT: Village of Elk Grove Village, a Municipal Corporation
ORIGINAL LEASE DATED: September 1, 1988 ("Original Lease")
PRIOR SUPPLEMENTS DATED: August 24, 1993 ("Lease Supplement One")
September 22, 1998 ("Lease Supplement Two")
PURPOSE: The LEASED PREMISES are to be used for the driving, and parking of
passenger vehicles of TENENT'S employees and visitors, maintenance of
a lawn area and the installation and maintenance of a landscape area, all
insofar as permitted by law, and for no other purpose whatsoever.
LOCATION OF PREMISES: Tonne Road and Landmeier Road
Elk Grove Village, Illinois
LANDLORD and TENANT have entered into the Original Lease for a five
year period commencing on September 1, 1988, and expiring on August 31, 1993
which Original Lease was extended by Lease Supplement Number One for an
additional five years commencing on September 1, 1993 and expiring on August 31,
1998, which Original Lease was extended by Lease Supplement Number Two for an
additional five years commencing on September 1, 1998 and expiring on August 31,
2003, and LANDLORD and TENANT desire to amend the Original Lease as modified
by Lease Supplement Number One and Lease Supplement Number Two (the Original
Lease as modified by Lease Supplement Number One and Lease Supplement Number
Two is hereinafter referred to as the "Amended Lease") as provided below.
MODIFICATIONS:
It is mutually agreed that the Amended Lease is hereby extended for an
additional five-year period commencing on September 1, 2003, and expiring on August
31, 2008, unless sooner terminated as provided in the Amended Lease.
It is mutually agreed that Exhibit A dated August 27, 2003 attached hereto shall
be substituted for the Exhibit A dated May 25, 1988 attached to the Original Lease.
The property depicted on the attached Exhibit A shall constitute the LEASED
PREMISES leased under the Original Lease as amended hereby.
The paragraph on Page 1 under "Purpose" of the Original Lease is hereby
deleted and amended to read as follows:
"PURPOSE: The LEASED PREMISES are to be used for the driving, and
parking of passenger vehicles of TENENT'S employees and visitors, maintenance of a
lawn area and the installation and maintenance of a landscape area, all insofar as
permitted by law, and for no other purpose whatsoever."
The paragraph on Page 2 under"RENT" of the Original Lease is hereby
deleted and amended to read as follows:
"TENANT shall pay LANDLORD $200.00 annually as rent. Rent shall be
paid in advance betginning the first (1st) day of September 1, 2003 and on each
succeeding first (is) day of September during the term.
ALL rent payments to be mailed to:
COMMONWEALTH EDISON COMPANY
c/o Manager of Leasing
Real Estate and Facilities
P.O. Box 767
Chicago, Illinois 60690
unless otherwise designated by the LANDLORD in writing. Unpaid rent shall bear
interest at 9% per annum from the date due until paid."
The paragraph on Page 3, under "ALTERATIONS BY TENANT' of the
Original Lease is hereby amended to include the following:
"The right to use a portion of"LEASED PREMISES for the planting and
maintenance of a landscape area, as indicated on the Exhibit "A" dated August 27,
2003, and as specified in the Landscape Plan dated August 1, 2002 provided by
Planning Resources of Wheaton, Illinois.
Tenant shall install the landscaping in accordance with the fiber optics
requirements specified in the letter dated November 18, 2002 by Mr. Thomas S. Kriz,
attached hereto as Exhibit "B" and the other engineering requirements specified by Mr.
K. A. Green in a letter dated October 14, 2002 and attached hereto as Exhibit "C""
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The paragraph on page 6 of the ORIGINAL LEASE headed
"ENVIRONMENTAL PROTECTION" is hereby deleted and amended to read as follows:
ENVIRONMENTAL MATTERS
a.) At all times during the term of this LEASE, TENANT, its employees,
agents, contractors, subcontractors, licensees and invitees, and any other person or
entity in privity with TENANT or entering upon LANDLORD's property by, through or
under any right granted to TENANT herein (collectively, the "TENANT GROUP"), shall
conduct their operations and otherwise use and occupy the LEASED PREMISES and
any other property of LANDLORD hereunder in strict compliance with all applicable
Environmental Laws (as hereinafter defined) and, without limiting the generality of the
foregoing, shall not cause any Hazardous Materials (as hereinafter defined) to be
introduced to or handled on the LEASED PREMISES or any other portion of
LANDLORD's property.
b.) If there are wetlands on the LEASED PREMISES or any adjacent property of
LANDLORD at the commencement of the LEASE or if wetlands should develop on the
LEASED PREMISES or such adjacent property during the term of the LEASE, TENANT
shall strictly comply with and observe all laws, rules, statutes and regulations applicable
to wetlands of any federal, state, county or local regulatory agency and any other
governmental authority having jurisdiction over the LEASED PREMISES or the parties.
At LANDLORD's request, TENANT, at its cost, shall furnish LANDLORD with a survey
of the LEASED PREMISES delineating any wetland areas located on the LEASED
PREMISES. Under no circumstances shall TENANT change the physical
characteristics of any wetland areas located on the LEASED PREMISES or any
adjoining land or place any fill material on any portion of the LEASED PREMISES or
adjoining land, without in each instance obtaining LANDLORD's prior written consent.
LANDLORD may grant or withhold such consent in its sole and exclusive discretion
and, should LANDLORD grant such consent, TENANT shall secure all wetland permits,
licenses and approvals as may be required from all appropriate governmental
authorities prior to commencing any work and shall immediately provide LANDLORD
with copies of all such permits, licenses and approvals.
c.) Prior to commencing any work or entering upon the LEASED PREMISES,
TENANT shall obtain all permits, consents, approvals or other authorizations required
under any applicable Environmental Laws in connection with such work and TENANT's
use and occupancy of the LEASED PREMISES.
d.) TENANT hereby indemnifies and shall defend, with counsel acceptable to
LANDLORD, and hold harmless LANDLORD, Exelon Corporation, a Pennsylvania
corporation, and all of their respective subsidiaries and affiliates, successors and
assigns, and the officers, directors, employees, agents, shareholders and legal
representatives of each of them (collectively, the "LANDLORD GROUP"), from and
against any suits, causes of action (whether asserted under Environmental Laws or at
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common law), damages (including, but not limited to, consequential damages), losses,
claims, demands, injuries, liens, costs and expenses of any kind, including without
limitation court costs, attorneys' and consultants' fees, arising out of or in any way
related to any of the following: any breach by the TENANT GROUP, or any of them, of
any covenants or representations set forth in this Section; any violation by the TENANT
GROUP, or any of them, of any Environmental Laws; the presence, release or
threatened release of any Hazardous Materials in, at, on or beneath the LEASED
PREMISES or any adjoining property of LANDLORD, provided that such presence,
release or threatened release of Hazardous Materials is not due solely to LANDLORD's
actions. If, during the performance of any work by TENANT's hereunder, TENANT
becomes aware that soil, groundwater, or other material on, within or under
LANDLORD's property is contaminated by any Hazardous Materials, TENANT shall
notify LANDLORD and TENANT shall immediately secure the work area, at TENANT's
cost, in such a manner as to adequately protect the public safety.
e.) As used in this LEASE, the term "Hazardous Materials" means any hazardous
or toxic substances, materials or wastes, including, but not limited to solid, semi-solid,
liquid or gaseous substances which are toxic, ignitable, corrosive, carcinogenic or
otherwise dangerous to human, plant or animal health or well-being and those
substances, materials, and wastes listed in the United States Department of
Transportation Table (49 CFR 972.101) or by the Environmental Protection Agency as
hazardous substances (40 CFR Part 302) and amendments thereto or such substances,
materials and wastes regulated under any applicable local, state or federal law including,
without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos,
(iii) polychlorinated biphenyls, (iv) designated as"hazardous substances" pursuant to
Section 1251 et seq. (33 U.S.C. Section 1321) or listed pursuant to Section 307 of the
Clean Water Act (33 U.S.C. Section 1317), (v) defined as a"hazardous waste" pursuant
to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901
et seq. (42 U.S.C. Section 6903), or(vi) defined as a "hazardous substance" pursuant to
Section 101 of the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601) or any other applicable
Environmental Law.
f.) As used in this LEASE "Environmental Laws" means all federal, provincial, state
and local environmental laws, rules, regulations, ordinances, judicial or administrative
decrees, orders or decisions, authorization or permits, including, but not limited to, the
Resources Conservation and Recovery Act, 42 U.S.C. §§6901, et seq., the Clean Air Act,
42 U.S.C. §§7401, et seq., the Federal Water Pollution control Act, 33 U.S.C. §§1251, et
seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, at
seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42
U.S.C. §§9601, st seq., the Toxic Substances control Act, 15 U.S.C. §§2601, et seq., the
Oil Pollution Control Act, 33 U.S.C. §§2701, et seq., or any other comparable local, state
or federal statute or ordinance pertaining to the environment or natural resources,
including without limitation the preservation of wetlands, and all regulations pertaining
thereto.
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g.) With respect to all activities of the TENANT GROUP, or any of them, on the
LEASED PREMISES or on LANDLORD's Property, TENANT shall be responsible for
ensuring that each member of the TENANT GROUP shall: (i) at its own expense comply
with all Environmental Laws; (ii) not consent to or authorize the presence of any
Hazardous Materials on the LEASED PREMISES or LANDLORD's property; (iii) not take
any action that would subject the LEASED PREMISES or any portion of LANDLORD's
property to permit requirements under RCRA or any other Environmental Laws for
storage, treatment or disposal of Hazardous Materials; (iv) not dispose of Hazardous
Materials in any dumpsters provided by LANDLORD on the LEASED PREMISES or
LANDLORD's property; (v) not discharge Hazardous Materials into drain or sewers; (vi)
not install any underground storage tanks on the LEASED PREMISES or any portion of
LANDLORD's property; (vii) not cause or allow the release of any Hazardous Substances
on, to or from the LEASED PREMISES or LANDLORD's property; (viii) at its own cost
arrange for the lawful transportation and off-site disposal of all Hazardous Materials that it
generates; and (ix) upon the termination or expiration of the LEASE, remove any
Hazardous Materials it used at or brought to the LEASED PREMISES or LANDLORD's
property in accordance with all requirements of applicable law. TENANT shall return the
LEASED PREMISES and LANDLORD's property to substantially the same condition as
existed before the commencement of the LEASE.
h.) TENANT acknowledges that LANDLORD may incur costs as a result of a
change in Environmental Laws. TENANT agrees that any such costs incurred by
LANDLORD for complying with such new laws and due in whole or in part to TENANT's
use and occupancy of the LEASED PREMISES shall be an expense recoverable by
LANDLORD. To the extent any such expense paid by TENANT is subsequently
recovered by or reimbursed to LANDLORD through insurance or recovery from
responsible third parties or other action, TENANT shall be entitled to a proportionate
share of such recovery or reimbursement.
i.) TENANT shall provide LANDLORD with written notice (i) upon TENANT's
obtaining knowledge of any potential or known violations of applicable Environmental
Laws or the release or threat of release of any Hazardous Materials affecting the
LEASED PREMISES or LANDLORD's adjacent property or(ii) of TENANT's receipt of
any notice, correspondence, demands or communication of any nature from any
governmental authority related to any alleged or actual violation of any Environmental
Laws affecting the LEASED PREMISES or LANDLORD's adjacent property.
j.) TENANT's obligations under this Section shall survive the expiration or
termination of this LEASE.
"Insurance and Indemnity" on Page 7 of the Original Lease is hereby deleted and
amended to read as follows:
INSURANCE AND INDEMNITY: To the fullest extent permitted by law, TENANT
hereby agrees to indemnify, defend (with counsel acceptable to LANDLORD) and agrees
5
to hold harmless LANDLORD GROUP from all claims, litigation and liability asserted
against them or any of them, and any costs and attorney's fees incidental thereto, on
account of injury to or death of any person or persons whomsoever, on account of damage
to any property, or on account of loss or interruption of electric service, caused by,
connected with, or in any way attributable to, the rights herein granted, or TENANT'S
failure to comply with any of the terms or condition of this Lease, or resulting from acts or
neglect of TENANT or any member of TENANT GROUP.
TENANT covenants and agrees, that it will not permit or suffer any lien to be
put upon, or arise or accrue against the LEASED PREMISES, in favor of any person or
persons, individual or corporate, for furnishing either labor or material, for work to be
performed on the LEASED PREMISES. TENANT further covenants and agrees to hold
LANDLORD and the LEASED PREMISES free from any and all liens, or rights or claims of
lien, which may, or might, arise or accrue under, or be based upon any mechanic's lien law,
or other similar laws, of the State of Illinois, now or hereafter in force. All contracts and
agreements that may be made by TENANT, relating to the provision of labor or material for
any work to be performed on the LEASED PREMISES, shall expressly state that the
interest and reversion of LANDLORD in and to the LEASED PREMISES shall be wholly
free from, and not subject to, any lien or claim of any contractor, subcontractor, mechanic,
matenalman or laborer, whether based upon any law or regulation of the State of Illinois, or
any other authority, now or hereafter in force to be enacted, and TENANT also hereby
covenants and agrees that it will not enter into any contract for such work, which shall not,
in express terms, contain the aforesaid provisions.
To the fullest extent permitted by law TENANT releases LANDLORD and
each member of LANDLORD GROUP from, and waives any claims for, any personal injury
or any loss or damage resulting from LANDLORD'S use, installation, construction, or
maintenance of overhead or underground electrical facilities, now or hereafter installed or
constructed on or about the LEASED PREMISES, or for damage caused by fire, vandalism
or other casualty, to any vehicle, equipment, merchandise or personal property on the
LEASED PREMISES at any time during the term hereof.
(a) TENANT agrees to require each of its contractors before providing any
labor or materials in connection with any work on the LEASED PREMISES, to purchase
and maintain, or, at the option of TENANT, to itself purchase and maintain, at the cost of
TENANT or its contractor, a policy or policies of insurance issued by good and responsible
insurance companies and in a form satisfactory to LANDLORD as follows:
(i) Workers' Compensation Insurance Policy: Coverage A - providing
payment promptly when due of all compensation and other benefits required of the
insured by the workers' compensation law; Coverage B - Employers' Liability: providing
payment on behalf of the insured with limits not less than $500,000 each
accident/occurrence for all sums which the insured shall become legally obligated to
pay as damages because of bodily injury by accident or disease, including death at any
time resulting therefrom. Coverage A and Coverage B will cover all contractors,
subcontractors, and their subcontractors;
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(ii) Comprehensive General Liability Policy or Policies covering all
contractors, subcontractors and all their subcontractors with limits not less than the
combined single limit of $2,000,000 for bodily injuries to or death of one or more
persons and/or property damage sustained by one or more organizations as a result of
any one occurrence, which policy or policies shall not exclude property of LANDLORD.
LANDLORD shall be added as Additional Insured under endorsement GL 2010 or CG
2010. Bodily injury means bodily injury, sickness, or disease sustained by any person
which occurs during the policy period, including death, at anytime resulting therefrom.
Property damage means (1) physical injury to or destruction of tangible property which
occurs during the policy period, including the loss of use thereof at any time resulting
therefrom, or (2) loss of use of tangible property which has not been physically injured
or destroyed provided such loss of use is caused by an occurrence during the policy
period; and
(iii) Automobile Liability in the amount of not less than $1,000,000 per
occurrence combined single limit covering all owned leased, rented and non-owned
vehicles.
There shall be furnished to LANDLORD, prior to commencing the work of
installing, repairing, replacing or removing the Installation, a certified copy of each
policy of insurance or a Certificate of Insurance evidencing the coverage's specified in
subsections (i), (ii) and (iii) of this Section. Insurance coverage as required herein in
subsection (a) items (i), (ii), and (iii) shall be kept in force until all work has been
completed. Declarations in each of said policies shall identify the work as being done
by and for others on property owned by LANDLORD, and there shall be no exclusions
in any of said policies not approved by LANDLORD. LANDLORD hereby reserves the
right to amend, correct and change, from time to time, the limits, coverage and form of
policy as may be required from TENANT's contractor or contractors before entering the
LEASED PREMISES or LANDLORD's other property to perform any work thereon.
(b) TENANT shall, in any event, purchase and maintain at all times
during the term of this LEASE, at its sole cost, the following insurance coverages:
(i) an Owner's, Landlord's and Tenant's Liability Insurance Policy or
it's equivalent in the name of LANDLORD, as the insured, with limits of not less than
the combined single limit of $4,000,000 for bodily injuries to or death of one or more
persons and/or property damage sustained by one or more organizations as a result of
any one occurrence, which policy shall not exclude property of LANDLORD and shall
include automobile liability (owned and non-owned) with combined single limits of not
less than $2,000,000. Bodily injury means bodily injury, sickness, or disease sustained
by any person which occurs during the policy period, including death, at any time
resulting therefrom. Property damage means (1) physical injury to or destruction of
tangible property which occurs during the policy period, including the loss of use thereof
at any time resulting therefrom, or (2) loss of use of tangible property which has not
7
been physically injured or destroyed provided such loss of use is caused by an
occurrence during the policy period;
OR
(ii) as an alternative to the Owner's, Landlord's and Tenant's Liability
Insurance Policy or it's equivalent described hereinabove, TENANT may purchase and
provide a rider or an endorsement to its existing Comprehensive General Liability policy
or policies of insurance naming LANDLORD, as an additional insured under
endorsement GL 2010 or CG 2010, covering the location of TENANT's facilities, and
including coverage extensions for premises/products/completed operations and
contractual liability for TENANT's indemnity obligations hereunder, provided that the
limits and coverage in this alternative form of insurance are equal to or greater than the
limits and coverages specified above in the Owner's, Landlord's and Tenant's Liability
Insurance Policy or it's equivalent. LANDLORD hereby reserves unto itself the
unrestricted right to either approve or reject, during the term of this LEASE, any such
alternative form of insurance that may be presented by TENANT.
(c) All insurance policies required by this Section shall be issued by good
and reputable companies having a Best's Rating of A-NII or better and shall provide
thirty (30) days prior written notice of any substantial change in the coverage,
cancellation or non-renewal. Any policies of insurance maintained by TENANT, its
contractors or subcontractors, shall be primary without right of contribution or offset
from any policy of insurance or program of self-insurance maintained by LANDLORD.
TENANT agrees and shall require each of its contractors and subcontractors to agree
that they shall each arrange for the issuers of all policies of insurance required
hereunder to waive their rights of subrogation against LANDLORD, its directors,
officers, employees and agents.
Prior to the date of this LEASE and within thirty (30) days prior to each
anniversary of the date of this LEASE occurring during the term hereof, TENANT shall
furnish LANDLORD with certificates of insurance evidencing TENANT's compliance
with the requirements of this Section. There shall be no exclusion in piny of such
policies or renewals not approved by LANDLORD.
The paragraph on Page 17 of the Amended Lease, headed "NOTICES" is
hereby deleted and amended to read as follows:
"AII notices to LANDLORD shall be in writing;
COMMONWEALTH EDISON COMPANY
c/o Manager of Leasing
Real Estate and Facilities
P.O. Box 767
Chicago, Illinois 60690
8
or at such other place as LANDLORD may from time-to-time designate in writing. All
notices to TENANT shall be in writing; addressed to TENANT at
901 Wellington Avenue
Elk Grove Village, Illinois 60007
or at such other place as TENANT may from time-to-time designate in writing. The
term "in-writing" shall include telegraphic, telecopier, telex, electronic mail or similar
means of transmitting writings".
AUTHORITY TO ACT: This agreement shall be executed for and on behalf
of the TENANT pursuant to a resolution adopted by the Village of Elk Grove Village, the
Tenant at a regular meeting held on October 14, 2203 and signed by the
officers therein designated as signatories and attested by the Clerk of such TENANT
and a certified copy of such resolution shall be attached hereto and made a part hereof
as evidence of the authority herein exercised by the undersigned officers executing this
Lease Supplement.
Ail of the terms and conditions of the Original Lease are incorporated herein by
reference and except as expressly modified by this instrument, said terms and
conditions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals this 14th day of October , 2003.
LANDLORD:
COMMONWEALTH EDISON COMPANY
By
E.S. Haddad
Manager of Leasing
TENANT; Village of Elk Grove Village
By Craig B. Johnson
Title Mayor
Attested By: Ann I. Walsh
Title: Village Clerk
9
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Exhibit 'B"
v
C
Exelon_
Business Service Company
IT Infrastructure-Communications
November 18,2002
To:D.Richardson,Real Estate&Facilities
Subject: Lombard-Desplaines R/W
Memo from D.H.Richardson dated 10/10/02
Elk Grove Village,Lawn&Garden
We have reviewed the information contained in the referenced memorandum. The
j subject area does contain a ComEd fiber optic cable. Attached is our link drawing,
OHRR-01-26. The fiber optic cable(FOC)is in a ComEd duct package on the west side
of Tonne road and on the east side of the ComEd ROW north of this area The manholes
in this route should not be covered. We occasionally need to access these manholes to
restore cut fiber cable in the area. Thus,our fiber optic cable should remain undisturbed
Besides the normal JULM process,please contact Shane Sims with Aldridge Electric,
prior to performing the proposed work. Aldridge Electric is our fiber optic system
maintenance provider and can be reached at 815-467-0428. An altemste contact is Chris
- - Collins,Exelon-BSC 312-394-3654. If during construction it becomes necessary to , -
modify or move any fiber optic fecrlities,it will be done at the sole expense ofthe
requestor. Also we should retain accessrigbt0 to on and maintain all parts of the FOC.
Please give me a call at 312-394-5117 if you have any questions or concerns.
Thomas.S.Kriz
Fiber/SONET Group
Cc: Chris Collins(file copy w/original documents)
Shane Sims(Aldridge Electric)
I Ellen Haddad
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12
Exhibit "C"
Couffid.
Memorandum An Exelon Company
Date: October 14,2002
To: D.H.Richardson
From: K A.Green `
Subject:. Elk prow Village Landscaping Lombard DesPlsinea R/W,Parcel No.Z'4,NW Y.Sec.27 T.,VN.
Rll E.,Cook County,Res#20021927,ROWE No.22217 -
This is in reply to your letter of October 10,2002 regarding the above wbjeet matter. .
The Traaamission Engineering Deps does not have any objections to the Pefitionees proposed .
landscaping on ofour Lombard DesPlaines RM Parcel No 24,NW Y.Seo.27 T.42 N.R1I R,Cook County;
Res#20021927,ROWE No.22217. However,since this request falls within the realm of mu Vegetation
Management Department,we defer fuel approval to them. - - -
The Petitioner most adhere,to the following criteria:
1.: The proposed grading changes should rot exceed pinsorminue eight(g)inchastoeffect the mostiog
drahl>i8e.
2. The.Petitiomr mijst be autdtre'varothatYha:Gompav)!dose vee hoavy:QduipmEotend_'catmot,b8
responsible lbr any damagom thePot tiwer'a_6ra7itiea:t6et tmyoeairduaContoy to.t6'e: sxiobuo
access aapropertytooperate and mannainnawwdexistiogtransmission
anddiatrt'brti�. pitities.
3. The Patiticim must be made aware that the first fifteen(15)fromof etch side of ourtresemission rightof-
ways is reserved for.distribution f6dilities.
4. The equipment for the Petitioner's oonhaotor working directly under ComWs electrictransmissionlines.
cannot exceed fourteen(14)feet in heigbt _ -
5. When woddnm the vicinity rd's electric tmnamission lines dMmgthe inatellatiop,a minimum
twenty{20),foot wwlring clearaae distance must be maintained batweeu the egi ipmwt for the
Petitioner's contractor and ComMs 139,000 volt electric ttansmissen conductors and a mmmtumthiity .
(30)foot working clearance distance mat be maintained between the equipment for the Petitioner's
contactor and ComEd'x 345,000 volt electric transmission conductom.
6. i;pon completion of Petitioner's project,the Petitioner mat restore the righty way to meet ComEd's
approval.
We aro replying for Transmission Engineering only,and assume that others will reply concerning distribution
facilities.
Approved: G.C.Ransom
Transmission Engineering
-oc: N.I Schilling,Real Estate and Facilities,3 Lincoln Center
E.L.Cunningham,Vegetation Management,Rocklbrd Headquarters
S.L Quaiyoom;Community Relations,Libertyville Headquarters
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