HomeMy WebLinkAboutRESOLUTION - 7-04 - 3/9/2004 - GRANT OF PUBLIC ROADWAYCOMED RESOLUTION NO. 7-04
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A GRANT OF PUBLIC ROADWAY FOR PERMANENT EASEMENTS
BETWEEN COMMONWEALTH EDISON AND THE VILLAGE OF ELK GROVE
VILLAGE(LIVELY BOULEVARD AND OAKTON STREET IMPROVEMENTS)
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 and Village Clerk be and are hereby authorized to
sign the attached documents marked:
GRANT FOR PUBLIC ROADWAY
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: 4 NAYS: 0 ABSENT. 2
PASSED this 9m day of March 2004.
APPROVED this 9"' day of March 2004.
APPROVED:
Craig B. Johnson, Mayor
ATTEST.
Ann I. Walsh, Village Clerk
RESGrantofPubticRoadway.doc
FOR RECORDER'S PURPOSES
GRANT FOR PUBLIC ROADWAY
THIS Grant for Public Roadway is made, entered and granted on this 9th day of
March , 2004,by and between COMMONWEALTH EDISON COMPANY, an
Illinois corporation ("Grantor"), and VILLAGE OF ELK GROVE, an Illinois municipal corporation
("Grantee").
WHEREAS,Grantor is the owner of a parcel of land in the Village of Elk Grove Village,
Counties of Cook and DuPage, State of Illinois,commonly known as Parcel No.74 of Grantor's
Lombard-Des Plaines West Right of Way,described in Exhibit"A"attached hereto and made a part
hereof("Grantor's Property"); and
WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations,which
operations, for purposes hereof, shall include without limitation the construction,reconstruction,
maintenance,repair,upgrade, expansion,addition,renewal,replacement,relocation,removal,use and
operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in,at,
over,under, along or across Grantor's Property(collectively,"Grantor's Operations").
WHEREAS Grantee at this time wishes to widen and extend a public roadway within and across
Grantor's Property.
NOW,THEREFORE, in consideration of the payments,covenants,terms, and conditions to be
made,performed, kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee,without
warranty of title, a perpetual easement for the right and privilege to use the property legally described as
follows:
Lively Boulevard and Oakton Street
a. construction and maintenance of widening of public roadways (Lively Boulevard and
Oakton Street) in substantial conformity with the plan shown on Exhibit"B",(hereinafter
referred to as"Roadway"),and
b. construction and maintenance of curbs and sidewalks on said property in connection with
said public roadway,provided that the same shall be constructed at an elevation and in a
manner so as not to interfere with Grantor's ingress to and egress from its adjoining
property by
This grant of easement is made by Grantor and accepted by Grantee under the following terms
and conditions:
1. Grantee's Use. The following general conditions shall apply to Grantee's use of the
Easement Premises:
a. Grantee shall procure and maintain at its own expense,prior to entry upon
Grantor's Property hereunder,all licenses,consents,permits,authorizations and other approvals
required from any federal, state or local governmental authority in connection with the
construction,placement,use and operation of Roadway and Facility,and Grantee shall strictly
observe all laws,rules, statutes and regulations of any governmental authorities having
jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time
to time request evidence that all such approvals have been obtained by Grantee and are in full
force and effect. In no event shall Grantee seek any governmental approvals that may affect in
any way Grantor's Operations, including without limitation any zoning approvals,without in each
instance obtaining Grantor's prior written consent, which consent may be granted or withheld in
Grantor's sole discretion.
b. In the event any aspect of Grantee's construction,placement,maintenance,
repair,use or operation of Roadway at any time violates or is forbidden by any law, statute,rule,
regulation,order or requirement of any governmental authority, Grantee shall immediately
discontinue such operations and at its own expense take all required corrective action, including
without limitation removal of all or any portion of Roadway from Grantor's Property if required,
within the lesser of(i)thirty(30)days from Grantee's notice of such violation or(ii) the period of
time required by law for the correction of such violation.
C. Grantee's use of the Easement Premises shall be conducted in a manner that does
not conflict or interfere with Grantor's Operations.
d. This Easement and the rights granted hereunder are subject and subordinate in all
respects to all matters and conditions of record affecting the Easement Premises.
e. Grantee's obligations and liabilities to Grantor under this Agreement with respect
to Roadway and Facility and all other matters shall not be limited or in any manner impaired by
any agreements entered into by and between Grantee and any third parties, including without
limitation any agreements related to the construction or installation of Roadway and Grantee shall
be and remain liable to Grantor for the installation and operation of Roadway and Facility in
accordance with the terms and conditions of this Agreement,notwithstanding Grantee's failure or
refusal to accept delivery of or title to such facilities from any such third parties.
f. Without limiting the generality of the foregoing,this Easement and the rights
granted hereunder are subject and subordinate in all respects to the existing and future rights of
Grantor and its existing lessees,licensees and grantees,existing roads and highways, the rights of
all existing utilities,all existing railroad rights-of-way,water courses and drainage rights that may
be present in Grantor's Property; including,but not limited to those prior rights as previously
granted by Grantor to the other users of record as located in,along Grantor's Property: If
required,Grantee shall secure the engineering consent of such prior grantees as a
prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same.
2. Term. The term of this Easement shall be in perpetuity,pursuant to the terms,
conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written.
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3. Fee. In partial consideration of this Easement,Grantee shall,pursuant to the terms and
pay the agreed upon fee of$5000.00 as the consideration for the granting of this Agreement, which
amount shall be due and payable to Grantor,prior to Grantor's execution and granting of this Agreement.
4. Rights Reserved to Grantor.
a. Grantor hereby reserves unto itself, its grantees,licensees, lessees, successors and
assigns the unrestricted right for ingress to and egress from and communication between
Grantor's adjoining properties and for installation, operation,maintenance,renewal and removal
of its or their facilities upon,over and under the surface of the property described above,as it or
they shall see fit insofar as such uses are compatible with the improvements shown on Exhibit
.<E>,
b. Grantor reserves the right to grant additional access,utility and other leases,
licenses, easements and rights hereafter to third parties through, under,over and across all or any
portion of Grantor's Property, including the Easement Premises.
5. Relocation and Restoration of Easement Premises. The following terms and conditions
shall govern the rights and obligations of the parties with respect to relocation and restoration of the
Easement Premises:
a. In the event any alteration, expansion,upgrade,relocation or other change in
Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises
hereunder,Grantor shall notify Grantee in writing of such proposed change and the conflict posed
by this Easement or the presence of the Facility on the Easement Premises. Such notice shall
contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in
Grantor's Operations must be altered to avoid or minimize any conflict or interference with
Grantee's use of the Easement Premises. Within ten(10)days after receipt of such notice,
Grantee shall notify Grantor in writing of its election to(i)make such changes in the Facility,at
Grantee's cost,as in the judgment of Grantor may be required to avoid or minimize any conflict
or interference with the proposed change in Grantor's Operations, including without limitation
the relocation of Facility to another location on Grantor's Property designated by Grantor,or(ii)
reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in
Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee
fails to notify Grantor in writing of such election within such ten(10)day period,Grantee shall be
conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in
clause(ii)hereinabove. In the event Grantee elects to make all changes to Facility, including
relocation to another location designated by Grantor,required to avoid conflict with the proposed
change in Grantor's Operations,Grantee,at its sole cost and in accordance with all applicable
terms and conditions of this Agreement,shall promptly take all steps necessary to complete such
changes and relocation within a reasonable time but in no event later than sixty(60)days after the
date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to
be incurred by Grantor,Grantee shall make such payment within thirty(30)days after Grantor's
demand therefor.
b. Grantee agrees that,within thirty(30)days after the expiration or termination of
this Easement for any reason, Grantee shall, at its cost,remove all of the Roadway from Grantor's
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Property and restore and repair Grantor's Property to the condition existing prior to the
installation of the Roadway. In the event Grantee fails to so remove its Roadway and restore and
repair Grantor's Property,Grantor may elect to do so at Grantee's cost and expense, and, in such
event, Grantor may dispose of the Roadway without any duty to account to Grantee therefor.
Grantee shall pay all costs and expenses incurred by Grantor in removing the Roadway and the
Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing
Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's
Property within thirty(30)days after the expiration or termination of this Easement shall be
conclusively deemed to have been abandoned by Grantee and shall become the sole property of
Grantor,without liability or obligation to account to Grantee therefor.
6. Condition of Grantor's Property. Grantor has made no representations or warranties of
any kind or nature whatsoever, whether written or oral,concerning the suitability of Grantor's Property or
the Easement Premises for the placement of Roadway thereon or Grantee's use of the Easement Premises
for the purposes contemplated herein. In entering into this Agreement,Grantee has relied solely upon
such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary
or appropriate in its discretion, and Grantee has not relied upon any statements,representations or
agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the
Easement Premises in its AS-IS, WHERE-IS CONDITION,WITH ALL FAULTS,and Grantor has not
agreed to undertake any improvements or other work to make Grantor's Property or the Easement
Premises suitable for Grantee's intended use, except as may be otherwise expressly provided herein.
7. Conditions Governing Construction Repair Maintenance and Other Work.
a. All work performed by Grantee pursuant to this Agreement, including without
limitation all work related to the installation,alteration,maintenance(excluding only routine
maintenance),repair,relocation,replacement or removal of Roadway shall be performed in
accordance with plans and specifications approved in writing by Grantor prior to the
commencement of such work. Grantor shall review and approve any amendments,additions or
other changes to such approved plans and specifications,prior to the performance of any work
identified therein.
b. Prior to the performance of any work,Grantee shall(i)obtain all applicable
permits, approvals and authorizations required from any federal, state or local governmental
authority and furnish Grantor with satisfactory evidence that all such approvals have been
obtained and(ii) furnish Grantor with certificates of insurance for each contractor and
subcontractor evidencing such contractor's or subcontractor's compliance with the requirements
of Section 10 hereof.
C. Except for emergency repairs affecting the health and safety of the public,
Grantee shall provide Grantor with not less than thirty(30)days' advance notice of any work
(including routine maintenance)so that Grantor may take such protective actions as Grantor
deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's
proposed work. Grantee shall postpone the commencement of its work until such time as Grantor
has completed any and all such protective work. Any cost and expense of such protective work
shall be home by Grantee and paid by Grantee within thirty(30)days after receipt of a bill
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therefor. Grantor may elect, on a case-by-case basis,to have all of Grantee's work performed in
the presence of a representative of Grantor and in a manner satisfactory to such representative.
d. If Grantee performs any grading, leveling,digging or excavation work on
Grantor's Property,Grantee will notify JULIE at telephone number(800) 892-0123 at least
seventy-two (72)hours prior to the commencement of such work in order to locate all existing
utility lines that may be present on Grantor's Property. If Grantee damages any such
underground facilities in the course of its work,Grantee will promptly reimburse Grantor or the
owner of such equipment or facilities for any and all expense incurred in repairing or replacing
such damage.
e. Except for emergency repairs that are affecting the health and safety of the
public,which emergency repairs should be called in within the first 8-hours of entering Grantor's
Property and confirmed by Grantor, Grantee shall notify Grantor's Representative in Oakbrook
Terrace,Illinois,telephone number(630)437-2824,at least forty-eight(48)hours in advance of
entering Grantor's Property for the performance of any work(including routine maintenance).
The timing and scheduling of such work shall be subject to Grantor's prior approval. In the event
Grantee is required to perform any emergency repair work affecting the health and safety of the
public,Grantee shall notify Grantor in writing of such repair work within forty-eight(48)hours
after the performance of such repairs.
f. Grantor may withhold its approval to the performance of any work hereunder
whenever any of the following conditions exist: (i) Grantee is in default under this Agreement,
(ii)the performance of such work and the use and occupancy of Grantor's Property contemplated
by such work in Grantor's judgment will interfere with Grantor's Operations or any other then
existing uses of Grantor's Property, or(iii) Grantor and Grantee have failed to enter into such
supplemental agreements as Grantor deems necessary or advisable regarding the performance of
such work. Grantor retains the right to suspend or stop all such work if in Grantor's sole Judgment
the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with
Grantor's Operations.and Grantor shall incur no liability for any additional cost or expense
incurred by Grantee or any third parties in connection with such work stoppage.
g. All work shall be performed in a good and workmanlike manner and in
accordance with all applicable laws, statutes,building codes and regulations of applicable
governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause
all work and the placement of Roadway to meet the applicable requirements of 83 Ill.Admin,
Code Part 305,as amended from time to time, and shall cause all workers performing any work
on behalf of Grantee,its contractors and subcontractors,to be equipped for and conform to
OSHA safety regulations. Upon completion of the work, Grantee shall (i)provide waivers of lien
from each contractor and such other evidence of lien-free completion of the work as Landlord
may require and(ii)restore all adjacent and other affected areas of Grantor's Property to their
original condition preceding the commencement of such work.
h. Grantee shall promptly notify Grantor of any damage caused to Grantor's
facilities arising out of or related to the performance of such work, including without limitation
damage to crops, fences,pasture land or livestock,and Grantee will reimburse Grantor on
demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such
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damage. The formula described in Section 13.b shall be used to determine the amount due
Grantor as reimbursement for the cost of such repairs. Under no circumstances shall any blasting
be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled
on Grantor's Property having a height greater than fourteen(14)feet above grade.
I. There shall be no impairment of any natural or installed drainage facilities
occasioned by any work related to Roadway and Facility and Grantee at its cost shall repair and
replace all drainage tiles damaged or destroyed during the performance of such work.
j. The following additional specific requirements shall apply to the performance of
such work:
(i) Grantee agrees that Roadway will be installed in strict conformity with
the plans attached hereto as Exhibit`B".
(ii) Should any proposed changes to Roadway be required, either before or
after installation,Grantee,or its successor, shall first submit such
changes to Grantor, in the form of revised plans for Grantor's review and
approval.
(iii) Grantee shall install suitable markers acceptable to Grantor at all points
where Roadway enter or leave Grantor's Property, at all road or street
crossings, at all rail crossings and at all locations where Roadway and
Facility change direction in Grantor's Property.
(iv) Where Roadway and Facility are crossing under Grantor's fiber
optic cable(TBON),Grantor may require that split plastic duct
shall be installed and secured around Grantor's underground fiber
optic cables in order to protect the fiber optic cable from any
damage during any backfilling operation.
(v) Grantee agrees,upon completion of the installation of Roadway and,
Grantee will replace all backfilling material in a neat,clean and
workmanlike manner,with the topsoil on the surface of Grantor's
Property,together with the removal of all excess soils, including any
rocks,debris or unsuitable fill from Grantor's Property that has been
displaced by the placement of Roadway and Facility. At Grantor's sole
election, Grantor may permit Grantee to evenly spread anyportion of the
remaining topsoil over Roadway alignment in Grantor's Property so long
as the change in grade in Grantor's Property does not
result in a¢rade chafe of greater than 6-inches from the pre-existing
grade of Grantor's Propertyprior to the installation of Roadway and
Facility.
(vi) Grantee agrees that all of Grantor's Property as affected by the
construction of Roadway shall be leveled,dressed and the area re-seeded
using grass over and along Grantee's entire construction project site,
except for those areas that are either tenant occupied for agricultural
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purposes and/or those areas that involve in wetland construction,where
governmental wetland restoration requirements shall take precedence.
Grantee shall manage the re-seeding process until a firm grass growth
has been established on Grantor's Property. Grantee agrees to leave
Grantor's Property in a neat, clean and orderly condition and to the
satisfaction of Grantor; including,but not limited to, the re-seeding of
Grantor's Property as required.
8. Covenants of Grantee. Grantee hereby covenants and agrees as follows:
a. Grantee shall obtain and maintain all rights,licenses,consents and approvals
required from any governmental authorities or third parties with respect to the installation, use or
operation of Roadway on Grantor's Property and,at Grantor's request, Grantee shall provide
Grantor with evidence thereof. Grantee shall cause Roadway and Facility to be maintained at all
times in good repair and in accordance with all requirements of applicable law, and Grantee shall
not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under
Grantor's Property in connection with Roadway and Facility or Grantee's use or occupancy of
Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and
maintenance obligations,Grantor shall have right(but not the obligation)after thirty(30)days'
written notice to Grantee,to cause such repairs and maintenance to be performed and charge the
cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the
amount due Grantor from Grantee as reimbursement shall be determined using the formula
described in Section 13.b hereof.
b. Grantee shall install Roadway and Facility and use and occupy the Easement
Premises in a manner that avoids any interference with Grantor's Operations. Within ten(10)
days after Grantor's demand therefor,Grantee shall reimburse Grantor for all costs incurred by
Grantor as a result of injury or damage to persons,property or business,including without
limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising
from electrical outages,caused by the use and occupancy of the Easement Premises by Grantee,
its representatives, employees, agents,contractors, subcontractors and invitees.
C. Grantee will not cause or permit any mechanic's lien or claim for lien to be
asserted against the Easement Premises or any other real estate owned by Grantor or any
improvements thereon,which lien or claim for lien arises out of any contract or agreement for
work to be performed by or on behalf of Grantee in connection with this Easement or any of the
rights granted to Grantee hereunder. hr the event any such lien or claim for lien is filed, Grantee
will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless
Grantor from and against any and all liens or claims for lien arising out of or in any way
connected with Grantee's use and occupancy of the Easement Premises.
d. Grantee shall pay to Grantor, within thirty(30)days after Grantor's demand
therefor, any and all real property taxes and assessments levied against Grantor's Property during
the term hereof that are attributable to Roadway or Grantee's use and occupancy of the Easement
Premises. Grantee shall be responsible for the cost of any and all corrective actions required to
address any impairment of surface water drainage conditions affecting Grantor's Property or
adjacent properties as a result of Grantee's use and occupancy of the Easement Premises.
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C. Grantee shall notify Grantor in writing within thirty(30)days after the date
Grantee ceases to use Roadway and shall provide Grantor with a properly executed release of this
Easement. This Easement shall terminate without the necessity of any notice to Grantee in the
event of non-use by Grantee.
9. Hold Harmless.
a. Grantee agrees to indemnify, defend(with counsel acceptable to Grantor)and
hold harmless Exelon Corporation,a Pennsylvania corporation(Grantor's parent corporation),
Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal
representatives,successors and assigns, from and against any and all claims,actions,proceedings,
judgments,damages(including consequential damages), liens, fines,costs, liabilities, injuries,
losses,costs and expenses(including but not limited to attorneys' fees and costs and loss of
electrical service)arising from or related to Grantee's use and occupancy of the Easement
Premises or any portion of Grantor's Property,or any work performed hereunder by Grantee,its
employees, agents,contractors or subcontractors, or anyone claiming by through or under any of
them,or any breach of this Agreement, except to the extent that any such claim,action,
proceeding,judgment,damage, lien, fine,cost, liability, injury,loss, cost and expense is
attributable solely to the willful misconduct of Grantor, its employees,agents or contractors.
This indemnification shall include,but not be limited to, claims made under any workman's
compensation law or under any plan for employee's disability and death benefits(including
without limitation claims and demands that may be asserted by employees,agents, contractors
and subcontractors). The foregoing indemnity shall survive the termination of this Agreement.
b. To the maximum extent permitted by applicable law,Grantee hereby waives any
and all claims against Exelon Corporation,a Pennsylvania corporation (Grantor's parent
corporation), Grantor,and their respective employees,officers,directors, agents, subsidiaries,
affiliates,successors and assigns(collectively,the "Grantor Group', which Grantee or any
person or entity claiming by,through or under Grantee may now or at any time in the future have
for injury or damage to persons,property or business sustained in or about the Easement Premises
or any other portion of Grantor's Property, including without limitation claims arising from any
conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group.
Grantor shall not be liable to Grantee for any injury,loss or damage to persons,property or
business sustained by Grantee,its representatives, employees,agents,contractors or invitees in
connection with this Easement or the rights granted to Grantee hereunder, unless such loss or
damage results from Grantor's willful misconduct. In no event shall Grantor be liable for any
such injury, loss or damage resulting from any acts or omissions of any third party occupants of
the Easement Premises or any other portion of Grantor's Property or the public.
10. Insurance.
a. Grantee shall cause each contractor and subcontractor performing any work on
behalf of Grantee pursuant to this Agreement to purchase and maintain(or Grantee at its own cost
shall purchase and maintain on behalf of each such contractor or subcontractor),prior to
commencing any work on Grantor's Property,the following insurance coverages:
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(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$1,000,000 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;
(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$5,000,000 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 Grantor.
Commonwealth Edison Company,as Grantor, 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 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 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
$2,000.000 per occurrence combined single limit covering all owned,
leased,rented and non-owned vehicles.
There shall be furnished to Grantor, prior to commencing the work of installing,repairing,
replacing or removing Roadway and Facility, a certified copy of each policy of insurance or a
Certificate of Insurance evidencing the coverages specified in subsections(i), (ii)and(iii)of this
Section. Insurance coverage as required herein in subsections(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 Grantor and there shall be no
exclusions in any of said policies not approved by Grantor.Grantor 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 Grantee's contractor or contractors before entering Grantor's Property to perform
any work thereon.
b. All insurance policies required by this Section 10 shall be issued by good and
reputable companies having a Best's Rating of A/XII 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 Grantee, its contractors or subcontractors, shall be primary
without right of contribution or offset from any policy of insurance or program of self-insurance
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each of its contractors and ance
hall require ea issuers of all policies of insur
agrees and s GramtOT its directors,officers,
b Grantor. Grantee a'h arrange for the issu evidencing
t they shall each ation against of msurance
maintained Y ee the hts of subrog certificates
subcontractors to agr Waive their rig Grantor with
required hereunder t°war shall furnish ection 10.
and agents,Grantee
th the requirements of this 5
employees comPlian
Grantee cause all work
e tel Protecti n 's property, occupy
Environ n�animed and otherwise use and Grantee
l l. et its to
° ental Laws•
Grantee shall condo der to be p�cable Environ Hardous Materials t°be
a. behalf of.Grantee her Ce ith all app 's use and
ed by°T°n stret complian tanks to exist or a tion with Grantorless
perform ant Premises in underground storage tan f or in conn hold harm
the Evans rmit any as a result m indemnify and for,and their
shall not cause or po ntor's PropeTtYtee shall defend, rahum),r'mn
or handled°n Gid Premises. Grantor's parent corp° al representatives,
introduced a Easement Prem ration( s affiliates,leg roceedings,
occupancy of the an Illinois carp° and bgauas any claims,acrions,P it,juries,
Unicom Corp°rdtion, fficers,directors,ager fines costs,liabilities, l costs,
employee °from and against from eS) liens, fees and i any
respective emp tial damag and consultants'
and s' conseq to attorneys out of or related to O
assign nen ited
successorses(including but not hm law,ansit, violation of any
judgments,dam-ages including Laws or at comtn°n a any aterials at,
nses, set forth above or O gayardous si
lasses,costs and ex d r Environmental lease°f any
un tel covenants act or omisS7On°f
whether asserted of the environmcn release or thre CO kion with any oviding a benefit to
breach by Grantee the resence, or in conn iivity with or PT state and
Environmental Laws or P arty as a result of entity in P U mean all federsl,
Grantor s Pomp s �ntraetors,°r any safety or the
term Envrronmentall Laws s
on or beneath °f health, Control Act>
Grantee,its agents,emF y to the pr°rcctio a water Pollution Response
used in this section,theCeS Telae Clean Air Act,the vironmentsl
Grantee. As lotions or ordinam tion, Comprehensive En rules and
totes, gu , without limits pct statutes, and all
re al]state
local on t including, . and Recovery, S- the Control ulatorY agency, > 11
erivthe R nmen a conservation Act,the foxtc Substan county or local reg Materials she
the Resource federal,state' amended. "Sazardous material
Compensation and Liability of any acted°r contaminant or iiia based
d lova to Wetlands hereinafter ft an hazardous substance, etroleum
regulations applicable
laws n substance h hays s troleum or P
similar state am Mutant,toxic
W"
litriitaa-Mefo foregoing
covenants and
mean any waste,P° ental Law including, henq Grant of EaSement•
gnvrr°nm s and polychlorinated tenon of this
regulated by any ve any teen encing any Work
substances o.wastes,asbe hall survive to comm
obligations s of the foregoing,Prior r to Grantor with copes of
indemnification oblig litY it if
the genote t shall(i)secure ori u]atory agencies and( )Federal
b. Without limitin'aat is sole oo to or local rag provided by the Fo If any
Gram
federal stale method FT area.
on Grantor's Property' u. ed from any thods or any other filling any we
Permits req of Me or debris from its sole cost shall cause
any Wetland P the erosion contr materia d areas,Grantee at uired by
applicable,identify construction ma wetlanextent req maintain,
ct to prevent c ould fill any original condition to the monitor,
Clean water Afor the
Brion material or debris sh restored to its at sole cost is Popexty
construction removed and the area b Grantor. Grantee ancy on Grantor tee hereunder.
the same to be re re reasonably required Y and Occup
or reasons Y b its use
rovals obtained by Tan
applicable law Wetland areas affected is nses or other app
ace anled in any and all permits,
and restore any
time sP 10
C. If, during the term of this Agreement, Grantee becomes aware of any violation of
Environmental Laws or of the presence of any Hazardous Materials or threatened presence of
Hazardous Materials in, on, over or under the soil,groundwater or other areas of Grantor's
Property resulting from or connected with Grantee's use and occupancy of Grantor's Property,
Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure
the affected area in a manner required to protect public health and safety.
d. Grantee shall manage any excavated soils in which Hazardous Materials are
encountered in accordance with all applicable Environmental Laws, and, if permitted by such
laws, shall restore the excavated work area to the condition existing before such Hazardous
Materials were encountered. If,under applicable Environmental Laws,the excavated soils cannot
be returned to the excavated work area, Grantee shall remove and dispose of the excavated
contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law,
but in no event shall such contaminated soil be redeposited on Grantor's Property.
12. Defaults. The occurrence of any of the following shall constitute an event of default
("Event of Default")under this Agreement:
a. Grantee's failure to pay when due any amount payable by Grantee hereunder and
the continuation of such default for a period of ten(10)days after notice thereof from Grantor; or
b. Grantee's failure to perform or observe any other covenant, term or condition to
be performed or observed by Grantee hereunder, and the continuation of such default for a period
of thirty (30) days after notice thereof from Grantor;provided,however, that if such default
cannot be cured within thirty(30)days and Grantee has undertaken diligent efforts within such
thirty(30)day period to effect a cure, then the cure period shall be extended for such additional
time,not to exceed an additional sixty(60)days, as may be required by Grantee through the
exercise of continuous,diligent efforts to complete all required corrective action;or
C. Any representation or warranty of Grantee hereunder proves to be false or
misleading in any material respect when made; or
d. Grantee's failure to maintain or cause its contractors or subcontractors to
maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish
Grantor with evidence of such insurance as required by said Section; or
e. Grantee's failure to operate or maintain Roadway for a period of twelve(12)
consecutive months.
13. Remedies. Upon the occurrence of an Event of Default,Grantor may exercise any one or
more of the following remedies:
a. terminate this Easement and all rights and privileges of Grantee under this
Agreement by written notice to Grantee; or
b. take any and all corrective actions Grantor deems necessary or appropriate to
cure such default and charge the cost thereof to Grantee, together with(i) interest thereon at the
11
Corporate Base Rate then published by Bank One(or at the prime rate then published by any
other money center bank located in Chicago)and(ii)an administrative charge in an amount equal
to twenty percent(20%)of the cost of the corrective action to defray part of the administrative
expense incurred by Grantor in administering such cure, such payment to be made by Grantee
upon Grantor's presentment of demand therefor; or
C. any other remedy available at law or in equity to Grantor, including without
limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for
and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by
Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files
legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right
or power arising from any default shall impair any such right or power or be construed to be a
waiver of any such default or any acquiescence therein. No waiver of any breach of any of the
covenants of this Agreement shall be construed,taken or held to be a waiver of any other breach,
or as a waiver,acquiescence in or consent to any further or succeeding breach of the same
covenant. The acceptance of payment by Grantor of any of the fees or charges set forth in this
Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of
this Agreement.
14. Notices. All notices,requests,demands and other communications hereunder shall be in
writing and shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail,
return receipt requested,or by a nationally-recognized overnight courier to the parties at the following
addresses (or such substitute addresses as may be provided by either party in the manner described
herein):
If to Grantor: Real Estate Services
Commonwealth Edison Company
P. O.Box 805379
Chicago, Illinois, 60680-5379
If to Grantee: Village of Elk Grove Village
Director of Engineering and Community Development
901 Wellington Avenue
Elk Grove Village,IL 60007
Facsimile No. (847)357-4222
Such notices shall be deemed effective when personally delivered,if delivered in person or by messenger,
three(3)days following deposit in U.S.mail,if delivered by certified mail,or one day following deposit
with a nationally-recognized overnight courier.
15. Miscellaneous.
a. Grantee's obligations under Sections 8,9, 11 and 13 hereof shall survive the
expiration or termination of this Easement and Grantee's rights and privileges under this
Agreement.
12
b. This Agreement and the rights and obligations of the parties hereto shall be
binding upon and inure to the benefit of the parties and their respective successors,personal
representatives and assigns;provided,however, that Grantee shall have no right to assign all or
any portion of its right,title, interest or obligation in this Easement or under this Agreement
without the prior written consent of Grantor,which consent may be granted or withheld by
Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion
of its interest hereunder without Grantor's prior written approval shall be void and of no force
and effect. The terms"Grantor"and"Grantee"as used herein are intended to include the parties
and their respective legal representatives, successors and assigns(as to Grantee such assigns
being limited to its permitted assigns).
C. Upon any transfer or conveyance of the Easement Premises by Grantor, the
transferor shall be released from any liability under this Agreement, and the transferee shall be
bound by and deemed to have assumed the obligations of Grantor arising after the date of such
transfer or conveyance.
d. This Agreement constitutes the entire agreement and understanding of the
parties, and supersedes all offers,negotiations and other agreements related thereto. There are no
representations or understandings of any kind related to the subject matter hereof that are not
fully set forth herein. Any amendments to this Agreement must be in writing and executed by
Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional
documents reasonably necessary to protect Grantor's rights under this Agreement.
e. This Agreement shall be construed in accordance with the laws of the State of
Illinois. Time is of the essence of this Agreement.
I. In the event that any governmental or regulatory body or any court of competent
jurisdiction determines that any covenant, term or condition of this Agreement as applied to any
particular facts or circumstances is wholly or partially invalid,illegal or unenforceable,such
invalidity, illegality or unenforceability shall not affect such covenant,term or condition as
applied to other facts or circumstances(unless the effect of such determination precludes the
application of such covenant,term or condition to other facts or circumstances)or the validity,
legality or enforceability of the other covenants,terms and conditions of this Agreement. In the
event any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties
shall promptly and in good faith negotiate new provisions in substitution therefor to restore this
Agreement to its original intent and effect.
g. No receipt of money by Grantor from Grantee, after the expiration or
termination of this Agreement shall renew,reinstate, continue or extend the term of this
Agreement.
h. By signing this Agreement,Grantee affirms and states that it does not have any
affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be
construed as making the parties hereto partners, agents,joint ventures, members of a joint
enterprise.
13
i. This Agreement may be executed in one or more counterparts,each of which
shall be deemed an original and all of which,taken together, shall constitute one and the same
Agreement.
j. This Agreement shalt be executed for and on behalf of Grantee pursuant to a
resolution or ordinance adopted by its Mayor and Board of Trustees. Concurrently with its
execution and delivery of this Agreement,Grantee shall furnish Grantor with a certified copy of
such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers
executing this Agreement.
k. By signing this Agreement Grantee agrees that Grantor or its public utility
successor shall not be assessed for any improvements to be constructed pursuant hereto as a local
improvement project or otherwise charged for the cost of such improvements.
16. Regulatory AWroval' This Agreement may be subject to the approval of one or more
regulatory agencies. If this Agreement is subject to such approval,the parties hereto agree to jointly seek
such approval. If such approval is not granted by any agency, this Agreement shall be void.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove
written.
COMMONWEALTH EDISON COMPANY
By:
VILLAGE OF ELK GROVE VILLAGE
By: Craig B. Johnson
Mayor
ATTEST:
Ann I. Walsh
Village Clerk
This instrument is Drepared by Craig Dixon
of Commonwealth Edison Comnany, P O. Box 805379
Chicago,Illinois 60680-537990
k:/Ldmg\Flanagan\Easement\Village of Machesney Pk.doc
14
STATE OF ILLINOIS
COUNTY OF COOK ss.
I, t he u ndersigned, a N otary p ublic, in and for t he County a nd S tate aforesaid, D O H EREBY
CERTIFY, that personally known to me to be the
of COMMONWEALTH EDISON COMPANY, is the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free
and voluntary act and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal,this 10th day of March 2004 ._
Patricia Droschak
Notary Public
Commission expires: 11-7-05
STATE OF ILLINOIS
COUNTY OF Cook ss.
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that personally known to me to be the Mayor of the Village of
Elk Grove Village, and ,personally known to me to be the Village Clerk of
said Village, and personally known to me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that as such
Mayor and Clerk, they signed and delivered the said instrument, pursuant to authority given by the
Village Board of said Village, pursuant to a resolution or ordinance adopted by said Village, for the uses
and purposes therein set forth.
Given under my hand and official seal,this 10th day of March —,2004—.
Patricia Droschak
Notary Public
Commission Expires: 11-7-05
15
EXHIBIT A
Lot 3B
HIGGINS INDUSTRIAL PARK
• - UNIT 21
Rec. October 31, 19fi9
&.ft t Carr.o1 Lot 36 poc, No. 21000623
POC 0WE-0
I
I AI
�I
I �I
160'1
I w I
POB 0006PF-0
` PrepmaE Penvent EmmaN Line
♦`�rjj
1 `I ,x—Perruent Em Area 1.012 S6 Ft
_ C-
-—J /5.00• .�— T` 360'
N66.10'30'E EXIstin0 R01 Ltne
�SOUln Lim Of the SE try 0f Seo. 22-11-11
OAKTON ST.
s
s -
-----------I
160'1
LIVELY BOULEVARD IMPROVEMENTS
PARCEL 0006D
08-22-402-083
SCALE:F'- 30' ,
ImSw�Yf0iE11%1031 1015
aC�.wis i6iewos cpm-ams DAM Sept. 5. 2002
nN.qa1 6m-%10 JOB N0. P4 0101 011 9
.../OvpviO]/Aagl•t•/i0vl,pep.,mn 02/23/2004 M40,1a M
EXHIBIT A
Lot 44
HIGGINS INDUSTRIAL PARK
UNIT 26
Ret. in , 15. 1970
Doc. No. 21058216 5atneost CorMr OP lot N
PoC 00O6PE{� �-
115 OI' IRI VVVVVV
150' INI --——��I I I
Ist
IE I
I�
(60')
I
W
6 I
I
POB 0006PE-C
PfePMSO PWe t EozeSent LIM� •;
fib, I Y'
PenpMnt E0~t Ara 1.012 Se Pt I�x
750 IRI 'X5.00, W
Ex1S}in0 ROM LIM _
S88.40'70'M
Sou10 Line of tI SE "q of Aa 22-11-11
_ —__ ___—
OAKTON ST.
s 's
--------------I W r-- �
c
co
I
260'1
LIVELY BOULEVARD IMPROVEMENTS
PARCEL 0006C
08-22-402-083
SCALE:V- 30'
1051 PMIYEIEe ORIiE 1033
zcxuseuw,uxeals wm-sole
i[0,am ws-%w
DATE. Se Pt. S. 2002
JON0�
54,OIn 505-%10 JOB Pg0101010119119
.../0301101/II0e9Lb/1011ygC.dOn e1/23/2001 0e,39,53 W
EXHIBIT A
Lot 2
LAWRENCE J.CREMENT AND
DONALD W.MILLER SUBDIVISION
R.. ..15. 1990
9wffor.l Lvrr W LW! Ow. W.90991910
P0L EyyL9 119'191
JI I60'I
cel
YI
LIlI1R
I
b 00061[
P(p9uM P.1v.I EarYYJ LI.
m
—� `y-Pwnl Fpw1f Mw•1.19 91 N --
16011
I9.OD'
1111'40'10-F `FItIa111y IM lIM
—9aR0 Lim Of fM 9E 1q of 9K.33_11-11
----- --
OAKTON ST. -----
s
's -
a
--
to,)
LIVELY BOULEVARD IMPROVEMENTS
PARCEL 00068
08-22-402-083
SCALE:V- 30'
��/1N.�iN99 Rm DAY 9�p1.9.Z(qt
aW Nn J09 X p101010119
...lmm.evvn.aamawr.e.• mnvaeu anrm
AN
EXHIBIT A
Lot 58
IHICCINS INDUSTRIAL PARK
UNIT 40
I� R.c. N i 1, 1970
ox. xo. 2IU7461 wln.mr 2urr a La
va aaoLrE-" V L—._.
19D.01,Al I 160'1
I
1 a
I� I
TI
a I"
.1
d I- 1Ro'I
t
x
8 Iyi->u 000En+
J FgggYm�rl EO]wOLM. •OM1
I
r1]>to Eat w..•1.012 k rl� I n
1% IRI
Erisilm ROr Lim-/ HI'q'l0•.
I
I
9WM LIM a 1M SE '.01 S.c. 2241-11
OAKTON ST.
a
's
P.•
a
—__ -
I I
160'1 I
LIVELY BOULEVARD IMPROVEMENTS
PARCEL 0006A
08-22-402-083
3CAL8�t"• 30' -
DaEI Sept. S.2002
.q0 NO,P101010119
.../ww]w/ayl.R./Iw]y]A.gp w/]]/➢ee.w�]Rii.]Y
EXHIBIT A
Lot 24
HIGGINS INDUSTRIAL PARK
UNIT 14
Rx. M l 28. 1969
Om. W.2090511
SblMft Cvn'M Lot EI
16011 ��N'6
211.62' IRI
W
Q
8 _
s r
z
E E
E
r
vm am6vEs �
n t
WNbaLaO PlvNnt Emannt Lin
0 N E
�J. PrapnH 2tlpaE FaMnt tln
IayQQf Farll H6.Os.10[sq it
C
60'1
6.b'
k1•b's0Y Eriatin At1 Lin
Paorlt EOa f Mb•1.01E 59 N
— Y' T$pIM Lln Oi In 5C I�•of Sac. 22-11-II
s OAKTON ST.
LIVELY BOULEVARD IMPROVEMENTS
PARCEL 0006F
08-22-402-083
t[� SCALE;V- 30'
p.aya REN 9Pr 20, zoosDAT _
411 s.P4.5.
10 MB N&P401010119
EXHIBIT A
Lot 30
HIGGINS INDUSTRIAL PARK I I
UNIT 17
Rw. Ru t 21. 1969
.l. 20963691 6wI tCam w 10 111
110'IRI �OWEi� --
UU 160'1
I8 C
Is
'rIgI
�I
/OB OOgRi
M(PwH/vcnl Ewlw11 llro
S�'' I r C 7
J'.
Mlmnf�lt Mw•1.012 kfR-x Ip& rn
-- --
166"-11 65.00'
c.ullro Ru u1. slrw'w'R
l In 0 IM SE .6of Sw. 22-61-I I
OAKTON ST.
e 's
-------------------
L--
LIVELY BOULEVARD IMPROVEMENTS
PARCEL OOOBE
08-22-402-083
SCALE:1"• 30'
r�u,Mn '� OOiE�SOOT. 5, 1003
JOB IIQ P601010119
...iweuovlwev.e.novl�.•.y. Rmvnoel e•aam w
SCALE: r=60' REVISIONS DRAWN BY: VILLAGE OE ELN GROVE VILLAGE
LIVELY BOULEVARD ANO OAKTON STREET
IMPROVEMENTS
0 5 15 25 50 T�/VSYSTEMS
® DESIGNED BY: CORPORATION
o s Is zs so COMMONWEALTH EDISON
EREE.EG BY. PARCEL 0006A and 00068 1051PERIMETER DRIVE. SUITE)3 25
SCHAUMOURG.18911 605-9600
GATE: 00/08/03 BY CIM DACC ISSIE
Exhit`i t B
SCALE: ry=60' REVISIONS DRAWN BY: VILLAGE OF ELK GROVE VILLAGE
LIVELY BOULEVARD AND OAKTON STREET
5 15 25 50 DESIGNED BY.
IMPROVEMENTS 0 T-zANSysmms
0 5 Is 25 COMMONWEALTH EDISON CORPORATION c
PARCEL O006C and 00O6D 1051 PERIMETER DRIVE. SUITE 1025
CHECKED BYE SCHAUMBURG. ILLINOIS 60171
18171 605-9600
DATE: 08/08/03 BY CNK ATE ISSUL
Exhibit B
a
REVISIONS DRAWN BY: VILLAGE OF ELK GROVE VILLAGE
LIVELY BOULEVARD AND OAKTON STREET
su ioD
IMPROVEMENTS
®
o T�NSYSTEMS
DESIGNED BL COMMONWEALTH EDISON CORPOR/i T/ON �
NECKED eY: PARCEL 0006E and 0006F 1051 PERIMETER DIRIVE. SUITEGD11025
IB<il 605-%00
DATE 08/08/03 BY CHK -AT115U
Exhibit B
--- -- --j