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HomeMy WebLinkAboutRESOLUTION - 62-79 - 8/14/1979 - AGRMT/PAGNI/GARLISCH SUB RESOLUTION NO. 62-79 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN AGREEMENT WITH COMMONWEALTH EDISON COMPANY FOR CONSTRUCTION OF A DRAINAGE SWALE ACROSS COMMONWEALTH EDISON COMPANY PROPERTY BY THE DEVELOPERS OF THE PAGNI/GARLISCH SUBDIVISION NOW, THEREFORE , BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1 . That the Village President and Village Clerk are hereby authorized to sign the attached documents marked: Agreement with Commonwealth Edison Company for the construction of a drainage swale across Commonwealth Edison Company by the developers of the Pagni/Garlisch Subdivision, located north of Higgins Road and east of Lively Boulevard, as extended, a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 14th day of August 1979, APPROVED this 14th day of August 1979, r� /41 Village resident ATTEST: Village Clerk 1 THIS INDENTURE, Made this day of , 197 , by and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, 72 West Adams Street, Chicago, Illinois 60690, hereinafter referred to as Grantor, and VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of Illinois, hereinafter referred to as Grantee; W I T N E S S E T H: That Grantor, for and in consideration of the payment of One Dollar ($1.00) by the Grantee, receipt of which is hereby acknowledged, and in considera- tion of the covenants, agreements and conditions hereinafter contained on the part of the Grantee to be made, performed, kept and observed, by these presents does give and grant unto Grantee, without warranty a non-exclusive centerline easement subject to the rights previously granted and exercised by Grantor, to its grantee, the Northern Illinois Gas Company, which grantee has an installation longi- tudinally in Grantorts Right-of-Way at this location and subject to Grantor's existing and future facilities within its property, the right and privilege to install, use, operate, maintain, replace and remove a concrete swale (without any appurtenances thereto) , hereinafter referred to as "Facility", in, upon, across and along Parcels 76 and 77 of Grantorts Lombard-DesPlaines Right-of-Way in the South- east Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois. Said Facility shall be installed along the center- line as shown on the proposed Swale Higgins Industrial Park, Drawing No. 053179N, dated May 31, 1979, and collectively marked Exhibit "A", attached hereto and made a part hereof. This grant is made by Grantor and accepted by the Grantee under the following terms and conditions: FIRST: Grantee shall notify Grantor in writing at least forty-eight (48) hours in advance, except in case of emergency and in case of routine inspection and operation, before entering upon said property of Grantor to make the herein proposed installation, or any repair, replacement or removal thereof, in order that Grantor can have a representative or representatives present at such time or times if it so desires; said prior notice shall be directed to Grantor's Division Operating Manager in Mount Prospect, Illinois, telephone number (312) 870-2002, 1 or such other person designated by Grantor, and Grantee agrees that any work in said property shall be done to the satisfaction of said representative or repre— sentatives of Grantor, and Grantee further agrees, upon request, to reimburse Grantor for the service of such representative or representatives. SECOND: Grantee agrees that said Facility will be installed in Grantor's property in strict conformity with said Exhibit "A" attached hereto. Any proposed changes in said plans, before or after installation, shall be submitted to Grantor for its written approval and no work shall be commenced until such written approval has been obtained. THIRD: Grantee agrees to reimburse Grantor and its grantees, lessees or licensees for any expense incurred in protecting or rearranging their facilities due to the installation, operation, maintenance or removal of said Facility. FOURTH: Grantee shall indemnify and save harmless the Grantor, its officers and employes, from all claims, litigation and liability asserted against them or any of them, and any costs and attorneys' fees incidental thereto, on account of injury to or death of any person or persons whomsoever or on account of damage to any property, caused by, connected with, or in any way attributable to, the rights herein granted or Grantee's failure to comply with any of the terms or conditions hereof. Grantee shall undertake the defense of Grantor, its officers and employes in any such litigation, if Grantor requests Grantee to do so. FIFTH: Grantor shall not be liable to Grantee for damage to the Facility due to the installation, operation, maintenance or removal of any present or future facilities of Grantor in Grantors property. SIXTH: Grantee agrees that any equipment used in the installation of the Facility shall not exceed fifteen (15) feet in height and that no blasting will be done. SEVENTH: Grantee agrees to obtain at its sole cost and expense such permits, licenses or other authority which may be required from the County of Cook, State of Illinois, and any other authorities having jurisdiction, before using said premises for the purpose herein proposed and agrees to comply with and strictly observe any and all laws, rules, statutes and regulations of any such authorities. — 2 — EIGHTH: Grantee agrees to require its contractor, before commencing the work of installing, repairing, replacing or removing the Facility to purchase and maintain, or at the option of Grantee to itself purchase and maintain, at the cost of Grantee or its contractor, a policy or policies of insurance issued by good and responsible insurance companies and in a form satisfactory to Grantor as follows: 1.) Workmen's Compensation Insurance Policy; Contractor's Public Liability Insurance Policy or Policies in limits of not less than $300,000 for all damages arising out of bodily injuries to or death of one person and a total limit of $500,000 for all damages arising out of bodily injuries to or death of two or more persons in any accident or series of accidents, arising out of one event or disaster; Contractor's Property Damage Liability Insurance Policy or Policies in limits of not less than $50,000 for all damages arising out of injury to or destruction of property in any one accident and a total or aggregate limit of $50,000 for all damages arising out of injury to or destruction of property during the policy period, which policy or policies shall not exclude property period, which policy or policies shall not exclude property of Grantor. 2.) Public Liability and Property Damage Liability Insurance Policy or Policies, in the same limits as prescribed in (1) of this paragraph above as to all work performed by the Contractor through a subcontractor or subcontractors; 3.) Owners' Landlords' and Tenants' Liability Insurance Policy in the name of Grantor, Commonwealth Edison Company, as the insured, in limits of not less than $500,000 for all damages arising out of bodily injuries to or death of one person and, a total limit of $1,000,000 for all damages arising out of bodily injuries to, or death of two or more persons in any accident or series of accidents arising out of one event or disaster; the Property Damage coverage to be in limits of not less than $100,000 for all damages, arising out of injury to or destruction of property in any one accident, a total or aggregate limit of $100,000 for all damages arising out of injury to or destruction of property during the policy period. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing the Facility, a certified copy of each policy of insurance or a Certificate of Insurance issued pursuant to the requirements contained in subparagraphs (1) and (2) of this paragraph EIGHTH and the original of each policy of insurance issued pursuant to the requirements contained in subparagraph (3) of this paragraph EIGHTH. Insurance coverage as required herein 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. - 3 - NINTH: The rights herein are granted subject to any use now made of the hereinbefore described property by Grantor, its grantees, licensees and lessees, and should Grantor desire to make any use of its property with which the Facility will in any manner interfere, Grantor shall deliver to Grantee a written notice describing such proposed use and stating that said Facility will interfere with such proposed use. With the notice shall be an estimate of any additional costs incurred by Grantor if its proposed construction is altered to avoid or minimize interference with the Facility. Grantee shall, at its cost and expense, commencing ninety (90) days after receiving such notice from Grantor, (1) make such changes in said Facility as in the judgment of Grantor may be required to avoid or minimize such interference, including relocation of the Facility to another location designated by Grantor in its property or (2) notify Grantor within twenty (20) days of receipt of such notice, that it elects to reimburse Grantor for said additional cost. TENTH: Any electrolysis mitigating methods or equipment used in connec- tion with Grantee's Facility shall be coordinated with methods or requirements of Grantor and Grantee agrees to provide and install, at its sole cost and expense, such equipment as may be necessary to mitigate any electrolysis caused by the presence of said Facility in Grantor's property. ELEVENTH: Grantee agrees to pay Grantor, its grantees, licensees, lessees, successors or assigns, for any and all damage and expense which they or any of them, may sustain or be put to because of damage to any property of Grantor, its grantees, licensees, lessees, successors or assigns, including but not by way of limitation, damage to crops, fences, pasture lands or livestock, on account of the installation, operation, maintenance, repair, replacement or removal of the Facility and Grantee agrees, upon completion of said work to replace all back filling material and surfacing material in a neat and worlmzanlike manner and to leave Grantor's property in a neat, clean and orderly condition, including the restoration of top soil to its original depth where tillable soil existed prior to installation of said Facility and restoration of the ground to its original elevation. Grantee agrees that there shall be no impairment of natural drainage or of installed drainage facilities occasioned by the construction, installation, repair, replace- ment, maintenance, operation or removal of the Facility. - 4 - TWELFTH: Grantee covenants and agrees that it will not permit or suffer any lien to be put upon or arise or accrue against said premises in favor of any person or person, individual or corporate, furnishing either labor or material in any work herein proposed; Grantee further covenants and agrees to hold Grantor and said 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 mechanics lien law, so called, of the State of Illinois, now in force or hereafter to be enacted. All contracts and agreements that may be made by Grantee relating to any work herein proposed, shall expressly state that the interest and reversion of Grantor in and to said premises shall be wholly free from and not subject to any lien or claim of any contractor, subcontractor, mechanic, material man or laborer, whether based upon any law or regulation of the State of Illinois, or any other authority, now in force or hereafter to be enacted, and Grantee 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. THIRTEENTH: Upon completion of the construction, installation, laying or placing of said Facility, Grantee shall thereafter and at its own expense main- tain, repair and renew said Facility and, in the event of its failure to do so, Grantor shall have the right, after ten (10) days' written notice to Grantee, to either itself maintain, repair and renew said Facility at the sole cost and expense of Grantee, or to terminate this agreement. FOURTEENTH: Grantee shall have the right to enter upon, occupy and utilize temporarily, from time to time, so far as may be reasonably necessary, a strip of land lying fifteen (15) feet on both sides of the centerline of said Facility for the installation, maintenance or removal thereof provided, however, that such rights over Grantor s property shall be exercised in such a manner as not to interfere with Grantor's use of its property. FIFTEENTH: Grantee agrees that Grantor and or its public utility suc- cessor 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 improvement. 5 - SIXTEENTH: In the event Grantee fails, at any time or times, to observe or perform any of its covenants or agreements or the terms hereof, Grantor may give written notice of termination to Grantee, and Grantee's rights and authority hereunder shall thereupon cease (except for the right to correct such failure) so long as such failure continues, provided that if such failure shall continue for a period of sixty (60) days after given such notice Grantee's rights and authority hereunder shall terminate forever. Also, if at any time after the installation of the Facility, Grantee shall fail to use the same for a period of twelve (12) consecutive months, Grantee's rights and authority hereunder, without the necessity of any notice to Grantee, shall terminate forever. Upon termination of this Agreement or Grantee's rights and authority hereunder, for any reason whatsoever, Grantee shall, at its expense, remove the Facility and restore the property to the satisfaction of Grantor and reimburse Grantor for all expense incurred in connection with such removal. If Grantee shall fail to remove the Facility in the manner aforesaid within ninety (40) days after termination, the Facility shall become the sole property of Grantor, without liability or obligation to account to the Grantee therefor, and Grantee shall reimburse Grantor for all expense, incurred by Grantor at any time thereafter, in connection with removal and disposal of all or any portion of the Facility and restoration of Grantor's property. Termination of Grantee's rights and authority hereunder, shall not affect any right of Grantor to indemnification hereunder, arising from any acts, omissions or events occuring prior to such termination nor reimbursement for Grantor's expenses incurred under this paragraph after such termination. Failure of Grantor, at any time, to insist upon performance or observance of any term, covenant, agreement or condition contained herein shall not be construed as a release of any right of Grantor hereunder or as a waiver of any right to enforce any term, covenant, agreement or condition herein contained. SEVENTEENTH: As further consideration for this grant of easement, Grantee agrees to deposit or cause its contractors to deposit, before the start of construc— tion, with Grantor, an irrevocable letter of credit, drawn on a national or state bank in the sum of Two Thousand Dollars ($2,000.00) U.S. currency, payable on drafts drawn to the order of Commonwealth Edison Company, on the following terms and conditions: — 6 — 1. Drafts drawn by Commonwealth Edison Company shall be accompanied by a letter signed by the Grantor's Real Estate Department Land Supervisor stating that Grantee has not complied with the provisions of Paragraph ELEVENTH of this easement grant. 2. The letter of credit shall expire upon issuance of a letter signed by said Grantor's representative stating that compliance has been made by Grantee or its contractor with the provisions of Paragraph ELEVENTH and in any event, said letter of credit shall expire twelve months after written notification has been sent by U.S. mail, registered, return receipt requested, to said Grantor's representative, that construction has been completed. EIGHTEENTH: This agreement shall be executed for and on behalf of the Grantee pursuant to a Resolution passed by the President and Board of Trustees of Grantee and a certified copy of said Resolution shall be attached hereto and made a part hereof as evidence of the authority herein exercised by the undersigned Officers of the Grantee. NINETEENTH: The terms "Grantor" and "Grantee" wherever used in this instrument are intended in each instance to include the respective successors and assigns of Grantor or Grantee, whichever the case may be, and all of the terms and provisions of this instrument shall inure to the benefit of and be binding upon the respective successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMONWEALTH EDISON COMPANY By. Vice President ATTEST: Assistant Secretary VILLAGE OF�K[LV = WGB i Pres entj ATTEST: Yillage Clerk - 7 - CONTRACTOR'S GUARANTEE PAGNI INDUSTRIAL CORPORATION agrees to guarantee performance of said facility as the party contructing and installing the facility and initial owner thereof and to be bound by all terms, conditions and covenants of this agreement except Paragraphs NINTH, THIRTEENTH and EIGHTEENTH, LPAdGNIIND,TRLCRATION /President DATE ACCEPTED: SEAL ATTEST: /�/cA,{ �ttv✓� ��t�L i/r1'�: v� Secretary _ 8 _ STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , Vice President of COMMONWEALTH EDISON COMPANY, an Illinois corporation, and , Assistant Secretary of said company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice President and Assistant Secretary, respectively, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth; and the said Assistant Secretary did also then and there acknowledge that he, as custodian of the corporate seal of said company, did affix the said corporate seal of said company to said instrument as his own free and voluntary act, and as the free and voluntary act of said company, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , A.D. 197 . Notary Public My Commission Expires: STATE OF ILLINOIS ) SS COUNTY OF ) a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the President of the VILLAGE OF ELK GROVE VILLAGE, and , personally known to me to be the Clerk of said Village, both of whom are personally known to me to be the same persons whose names are subscribed to the acceptance of the foregoing instrument as such President and Village Clerk, appeared before me this day in person and acknowledged that they signed and delivered such acceptance for and on behalf of said Village and caused the corporate seal of said Village to be affixed thereto as their free and voluntary act, and as the free and voluntary act of said Village for the uses and purposes therein set forth, pursuant to a written resolution duly passed by the President and Board of Trustees of said Village on the day of , A.D. 197 . Given under my hand and notarial seal this day of , A.D. 197 Notary Public My Commission Expires: