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HomeMy WebLinkAboutAGENDA - 04/22/2025 - AGENDAPage 1 of 9 AGENDA REGULAR VILLAGE BOARD MEETING APRIL 22, 2025 7:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION (CHRISTUS VICTOR LUTHERN CHURCH, PASTOR STEFAN POTUZNIK) 3. APPROVAL OF MINUTES OF APRIL 8, 2025 4. MAYOR & BOARD OF TRUSTEES' REPORT 5. ACCOUNTS PAYABLE WARRANT:APRIL 22, 2025 $265,688.88 6. CONSENT AGENDA a.Consideration to increase the professional service contract with Christopher B. Burke Engineering, Ltd. of Rosemont, IL for design engineering services for the Brantwood Avenue water main improvement project by $29,110 for a total contract amount of $90,640 from the Water & Sewer Fund. (A contract was awarded to Christopher B. Burke Engineering, Ltd. of Rosemont, IL for Design Engineering Services to develop contract plans and specifications for a water main lining project along Brantwood Avenue from Arlington Heights Road to John F. Kennedy Boulevard in the amount of $61,530 on March 26, 2024. (The additional funding will be utilized to revise the contract documents to reflect a water main replacement, to be installed in the traditional manner, utilizing an open trench. (Adequate funds are available in the Water & Sewer Fund. (The Director of Public Works has recommended approval.) b.Consideration to award a professional service contract to Ayres Associates Inc. of Madison, WI for aerial orthophotography and planimetric mapping updates as part of the GIS Consortium purchasing agreement in the amount of $32,411 from the Business Leaders Fund. Page 2 of 9 (Elk Grove Village has been a member of the GIS Consortium since 2008. (The GIS Consortium (GISC) is a group of local communities that have worked together to develop a cost-effective solution for implementing geographic information systems (GIS) and related technologies. (One of those cost-effective solutions is to purchase aerial photography/mapping in bulk through the Consortium’s 47 municipalities. (The GIS Consortium Board of Directors appointed a Base Mapping Committee to initiate a selection process for a photogrammetric mapping consultant, and Ayers Associates was the selected vendor. (As part of the pricing agreement, Ayres Associates uses economies of scale to provide their services at a reduced price. (As part of this year’s mapping program, Ayres Associates will produce updated aerial imagery of the Village and perform planimetric imagery updates within the Elk Grove Village community. (The Public Works Director recommends approval.) c.Consideration to award a contract to Langton Group of Woodstock, IL for the three- season planting contract in the amount of $53,658 from the Residential Enhancement Fund. (On Monday, April 14, 2025, the Village opened sealed bids for the three-season planting contract. (Five (5) contractors obtained bid packets, with four (4) contractors submitting a bid. (The contract provides three-season planting in the area around the Charles J. Zettek Municipal Complex and the Biesterfield Road medians in 2025. (The lowest responsive and responsible bid was received from Langton Group of Woodstock, IL in the amount $53,658. (Funds for the contract have been allocated in FY2026 the Residential Enhancement Fund. (The Director of Public Works recommends approval.) d.Consideration to award a professional service contract to Bayless Communications LLC of Chicago, IL for strategic consulting services to support business retention and recruitment efforts in an amount not to exceed $54,000 from the Busse-Elmhurst TIF Fund. (Bayless Communications provides the Village with strategic communications and public relations consulting services to support ongoing business retention and recruitment efforts. (Over the past six years, Bayless Communications has provided support in effectively developing and implementing communication plans to increase earned media coverage for the Village's economic development programs and projects. (This contract reflects the same rate as for services for the previous year and provides for a 12-month term through April 30, 2026. (Adequate funds are available in the Busse-Elmhurst TIF Fund. (The Assistant Village Manager recommends approval.) Page 3 of 9 e.Consideration to waive the formal bidding process and award a purchase contract to Core & Main of Carol Stream, IL to install an additional Sensus antenna system on top of the Oakton (Busse Rd) water tower in an amount not to exceed $55,000 from the Busse/Elmhurst Redevelopment Fund. (The Village remains standardized on Sensus water meters. Core & Main is the sole geographic distributor of Sensus products in this region. (This antenna system will service as an additional antenna to improve the consistency of signals received from the water meters. (Core & Main has performed similar work to the Village's satisfaction in the past. (Adequate funds are available in the Busse/Elmhurst Redevelopment Fund. (The Director of Public Works recommends approval.) f.Consideration to award a professional services contract to Lauterbach & Amen, LLP of Naperville, IL to provide the necessary administrative and pension benefit services for the Fire and Police Pension Funds in the amount not to exceed $74,430. (Lauterbach & Amen, LLP has successfully provided benefits administration, professional services administration, and 1099 tax forms since July 2020 for both Fire and Police Pension Funds. (Lauterbach & Amen, LLP has an excellent reputation with the IL Department of Insurance, along with surrounding municipalities on their knowledge of fire and police pension benefits. (Adequate funds are available in the FY 2026 Fire and Police Pension Funds. (The Director of Finance recommends approval.) g.Consideration to award a contract to Langton Group of Woodstock, IL for the parkway tree planting contract in the amount of $74,500 from the Green Fund. (On Thursday, March 13, 2025, the Village opened sealed bids for the parkway tree planting contract. (Six (6) contractors obtained bid packets, with all six (6) contractors submitting a bid. (The contract provides for planting 500 parkway trees throughout the Village in 2025. (250 trees will be planted this spring while another 250 trees will be planted in the fall. (The lowest responsive and responsible bid was received from Langton Group of Woodstock, IL in the amount $74,500. (Funds for the contract have been allocated in the Green Fund. (The Director of Public Works recommends approval.) h.Consideration to waive the formal bid process and award a purchase contract to Cristal Fountains Inc., of Toronto, Canada for replacement equipment for the Village Green splash pad in the amount of $84,957.38 from the Residential Enhancement Fund. (The Village has selected Cristal Fountains Inc., of Toronto, Canada as its only approved manufacturer of splash pad and fountain products. The Village has chosen a sole manufacturer of our splashpad and fountain components to ensure that all parts are interchangeable and readily available, which streamlines our inventory management. This uniformity allows our staff to quickly identify issues and perform repairs efficiently, Page 4 of 9 as they are already familiar with the specific components provided by the manufacturer. (This purchase is a direct buy from the manufacturer, Cristal Fountains Inc. and they have previously provided electrical components and water feature products for all the Village's water features. (Funds are available in the Residential Enhancement Fund. (The Director of Public Works recommends approval.) i.Consideration to renew a contract with CC Cartage Inc. of Lake Zurich, IL for the spoil hauling services contract in the amount of $85,087.23 from the Water & Sewer Fund. (On February 23, 2021, the Village Board awarded a contract with C.C. Carthage, Inc. of Lake Zurich, IL to provide spoil hauling services. (The contract provided for an option of four (4) annual renewals through April 30, 2026. (C.C. Carthage performed satisfactorily throughout the first year of the contract. (The contract period is from May 1, 2025 through April 30, 2026. (The contract amount reflects a 4.3% increase over the previous year's contract. (Funds for the Spoil Hauling Services contract are available in FY2026 Water & Sewer Fund. (The Director of Public Works recommends approval.) j.Consideration to renew a purchase contract with C.C. Cartage, Inc. of Lake Zurich, IL to furnish and deliver sand and gravel in the amount of $89,901.91 from the General and Water & Sewer Funds. (On May 28, 2024, the Village Board awarded a contract with C.C. Cartage, Inc. of Lake Zurich, IL to Furnish and Deliver Sand and Gravel. (The contract provided for an option of four (4) additional renewals through April 30, 2029. (C.C. Cartage performed satisfactorily throughout the first year of the contract. (The contract period is from May 1, 2025 through April 30, 2026. (The contract amount reflects a 4.3% increase over the previous year's contract. (Funds to deliver sand and gravel are available in FY2026 Public Works General and Water & Sewer Funds. (The Director of Public Works recommends approval.) k.Consideration to award a professional service contract to Johnny Rockets Fireworks Display Corporation of Chicago, IL to design and produce fireworks displays in an amount not to exceed $116,000. (The company’s performance over the past twenty years has been satisfactory. (The Village administers several fireworks displays each year. (This year's displays will include Rotary Fest ($20,000), Fourth of July ($90,000), and Tree Lighting Ceremony ($6,000). (The contract cost will be offset with funds contributed by residents through water billing to support the Fourth of July display. (Sufficient funds are budgeted for this purpose in the General Fund.) l.Consideration to award a professional service contract to the lowest responsive and responsible bidder Dynamic Heating Piping Company of Crestwood, IL for heating, Page 5 of 9 ventilation and air conditioning maintenance services contract at various Village facilities in the amount of $129,876 from the General Fund and Busse-Elmhurst Redevelopment Fund. (On Tuesday, April 8, 2025, the Village opened sealed bids for HVAC maintenance services for various Village facilities. (A total of ten (10) contractors obtained bid documents, with three (3) submitting bids. (The lowest responsive and responsible bid was received from Dynamic Heating & Piping Company of Crestwood, IL in the amount of $129,876. (The contract is for maintenance services to the HVAC equipment at three Fire Stations, two Public Works Facilities, 1650 Howard Avenue, 75 Turner Avenue, and the Charles J. Zettek Municipal Complex. (Adequate funds are available in the General Fund and Busse-Elmhurst Redevelopment Fund. (The Director of Public Works recommends approval.) m.Consideration to award a professional construction engineering services contract to V3 Companies of Woodridge, IL to provide the necessary construction engineering services for the Brummel Avenue water main replacement project in the amount of $156,443.64 from the Busse-Elmhurst Redevelopment Fund. (V3 Companies submitted a proposal to provide the necessary construction engineering services for the Brummel Avenue water main replacement project. (This project will include constructing replacement of a twelve (12) inch diameter water main from Lively Boulevard to Busse Road. (V3 Companies has successfully completed construction supervision for Village staff in the past, including last year's Tonne Road Water Main and is providing a resident engineer with a strong track record and over twenty (20) years of experience. (Adequate funds are budgeted in the FY2026 Busse-Elmhurst Redevelopement Fund. (The Director of Public Works has recommended approval.) n.Consideration to award a professional construction engineering services contract to Engineering Enterprises, Inc. of Sugar Grove, IL for construction engineering services for the Landmeier Road at Busse Road intersection improvement in the amount of $209,345 from the Busse-Elmhurst Redevelopment Fund. (A proposal for construction engineering services was solicited from Engineering Enterprises, Inc. of Sugar Grove, IL for construction oversight and documentation of the resurfacing of the Landmeier Road at Busse Road intersection improvement project. (Engineering Enterprises, Inc. has successfully assisted the Village with construction engineering in the past, including the resurfacing of Devon Avenue at Busse Road intersection. (Adequate funds are available in the Busse-Elmhurst Redevelopment Fund. (The Director of Public Works recommends approval.) o.Consideration to increase a construction contract to Lorig Construction Company of Des Plaines, IL for the Arlington Heights Road pedestrian bridge project by an amount of Page 6 of 9 $224,000 for a total contract amount of $8,594,340 from the Arlington-Higgins Redevelopment Fund. (On December 17, 2024, the Village awarded the construction contract for the Arlington Heights Road pedestrian bridge project to Lorig Construction Company of Des Plaines, IL for the amount of $8,370,339.75. (The Village separately awarded a construction engineering contract with Engineering Enterprises, Inc. of Sugar Grove, IL. (Construction layout was originally intended to be completed under the construction engineering contract. (After contract award and discussions with the contractor and construction engineer, it has been determined that the construction layout is more complex than was anticipated and would be more effectively performed under the construction contract, requiring an addition of $224,000 to Lorig's contract. (Sufficient funds are budgeted and available in the Arlington-Higgins Redevelopment Fund. (The Director of Public Works recommends approval.) p.Consideration to award a professional service contract to Civiltech Engineering of Itasca, IL to provide the necessary construction engineering services for the Business Park resurfacing program, in the amount not to exceed $335,878 from the Business Leaders Forum Fund. (Civiltech Engineering, Inc. submitted a proposal to provide the necessary construction engineering services for the Business Park Resurfacing Program, for the extent of the 2025-2026 fiscal year. (Civiltech staff will assist with additional construction inspections and surveying, as needed. (Civiltech has successfully completed construction supervision for numerous Village projects, has an excellent reputation in construction engineering, and has been fulfilling this role successfully for several years. (Adequate funds for the project are available in the FY2026 Business Leaders Forum Fund. (The Director of Public Works recommends approval.) q.Consideration to renew a purchase contract with Avalon Petroleum Co. of Kankakee, IL for the annual gasoline and diesel fuel supply contract in an amount not to exceed $400,100 in FY2026. (On April 23, 2024, the Village Board awarded a contract to Avalon Petroleum Co. of Kankakee, IL for the annual Gasoline and Diesel Fuel Contract. (The contract provided for an option of four (4) additional renewals through April 30, 2029. (Avalon Petroleum Co. has performed satisfactorily throughout the first year of the contract. (The contract period is from May 1, 2025 through April 30, 2026. (The Director of Public Works recommends approval.) Page 7 of 9 r.Consideration to award a professional design-build service contract with Baxter & Woodman of Crystal Lake, IL for professional engineering services for inspection, design and construction engineering and construction for the Village's rear yard drainage program in the amount of $800,000 from the Water & Sewer Fund. (A proposal for professional design-build services was solicited from Baxter & Woodman of Crystal Lake, IL, for the inspection, design, construction engineering and construction for the Village’s rear yard drainage program, for the extent of the 2025-2026 fiscal year. (Baxter & Woodman has successfully assisted with, designed and overseen construction of the Rear Yard Drainage Programs for the Village since 2021. (Adequate funds for the project have been allocated in the FY2026 Water & Sewer Fund. (The Director of Public Works recommends approval.) s.Consideration to award a professional service contract to Hampton, Lenzini and Renwick, Inc. of Elgin, IL for the Business Park ditch maintenance program in the amount of $1,050,000 from the Business Leaders Forum Fund, Busse-Elmhurst Redevelopment Fund and Higgins Road Corridor Redevelopment Fund. (A proposal for professional design-build services was solicited from Hampton, Lenzini and Renwick, Inc. of Elgin, IL for analysis, vegetation management, engineering, permitting, and construction to manage the Village’s Business Park ditch system. (Hampton, Lenzini and Renwick began the ditch maintenance program in FY2025 and were very successful. (Adequate funds are available in the Business Leaders Forum Fund, Busse-Elmhurst Redevelopment Fund and Higgins Road Corridor Redevelopment Fund. (The Director of Public Works recommends approval.) t.Consideration to award a construction contract to the lowest responsive and responsible bidder, Acqua Contractors Corporation of Elmhurst, IL for the Brummel Avenue water main replacement project in the amount of $1,365,000 from the Busse Elmhurst Redevelopment Fund. (On Thursday, April 10, 2025, the Village opened sealed bids for the Brummel Avenue water main replacement project. (This project will include the installation of approximately 2,400 linear feet of 12” ductile iron water main pipe using open-cut installation methods along Brummel Avenue from Lively Boulevard to Busse Road. (A total of nine (9) contractors obtained bid documents and five (5) contractors submitted bids. (The lowest responsive and responsible bid was received from Acqua Contractors Corporation of Elmhurst, IL. (Adequate funds are budgeted and available in the FY2026 Busse-Elmhurst Redevelopment Fund. (The Director of Public Works recommends approval.) Page 8 of 9 u.Consideration to adopt Resolution No. 27-25 authorizing the Mayor and Village Clerk to execute an Easement Agreement between the Village of Elk Grove Village, Magnus Family, L.L.C. and Oasis Outdoor, Limited. (The Village's Elmhurst Road Fire Hydrant Extension project includes the installation of two new fire hydrants and approximately 200 feet of branch water main to be extended to the east side of Elmhurst Road. The purpose of this project is to provide access to water for fire protection on the east side of Elmhurst Road, where access to water is not currently available. (In order to complete this work the Village must obtain permanent and temporary easements for the utilities and construction activity. (This agreement provides easements to allow for the Village to construct, maintain, repair, replace, and operate water mains and related infrastructure during construction. (The ratification of this agreement by the Village Board will formally validate the agreement, in preparation for document recording with Cook County.) 7. REGULAR AGENDA 8. PLAN COMMISSION - Village Manager Roan a.A Petition seeking a Special Use Permit for a Meeting Hall Use at 2200 Estes Avenue in the I-2 Industrial Zoning District. (A Public Hearing date has yet to be determined.) b.A Petition for Resubdivision and associated variations for a data center campus development at 1701 Midway Court. (A Public Hearing date has yet to be determined.) c.A petition seeking a Special Use Permit to construct an electrical substation for the property located at 101 Northwest Point. (A Public Hearing date has yet to be determined.) 9. ZONING BOARD OF APPEALS - Village Manager Roan a.ZBA Docket 25-3- A Public Hearing for a variation of the Elk Grove Zoning Ordinance No. 3842 as it pertains to permitted locations of fences in residential zoning districts for property located at 570 Rutgers Lane. (PH 04-17-2025) 10. RECYCLING & WASTE COMMITTEE - Trustee Franke a.Sustainability Plan 11. JUDICIARY, PLANNING AND ZONING COMMITTEE - Trustee Prochno 12. CAPITAL IMPROVEMENTS COMMITTEE - Trustee Schmidt 13. CABLE TELEVISION COMMITTEE - Trustee Jarosch 14. YOUTH COMMITTEE - Trustee Bush 15. INFORMATION COMMITTEE - Trustee Miller 16. BUSINESS LEADERS FORUMS - Trustee Schmidt Page 9 of 9 17. HEALTH & COMMUNITY SERVICES - Trustee Prochno 18. PERSONNEL COMMITTEE - Trustee Schmidt 19. AIRPORT UPDATE - Mayor Johnson 20. PARADE COMMITTEE - Mayor Johnson 21. MID-SUMMER CLASSICS CONCERT SERIES UPDATE - Mayor Johnson 22. SPECIAL EVENTS COMMITTEE - Mayor Johnson 23. LIQUOR COMMISSION - Mayor Johnson 24. REPORT FROM VILLAGE MANAGER 25. REPORT FROM VILLAGE CLERK 26. UNFINISHED BUSINESS 27. NEW BUSINESS 28. PUBLIC COMMENT 29. ADJOURNMENT In compliance with the Americans with Disabilities Act and other applicable Federal and State laws, the meeting will be accessible to individuals with disabilities. Persons requiring auxiliary aids and/or services should contact the Village Clerk, preferably no later than five days before the meeting. RESOLUTION NO. _______ A RESOLUTION TO APPROVE AN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, MAGNUS FAMILY, L.L.C., AND OASIS OUTDOOR, LIMITED (7500 NORTH ELMHURST ROAD, DES PLAINES, IL) 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: Easement 1 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; thence north 00 degrees 53 minutes 43 seconds west along the east right of way line of route 83 for 90.60 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds west for 20.00 feet; thence north 89 degrees 59 minutes 51 seconds east for 20.00 feet; thence south 00 degrees 53 minutes 43 seconds east for 20.00 feet; thence south 89 degrees 59 minutes 51 seconds west for 20.00 feet to the point of beginning, in cook county, Illinois. Easement 2 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; the following 3 courses are along the east right of way line of route 83, 1) thence north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2) thence north 12 degrees 12 minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43 seconds west for 539.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds east for 25.00 feet; thence north 90 degrees 00 minutes 00 seconds west for 65.01 feet to the point of beginning, in cook county, Illinois. Temporary Construction Easement 1 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; thence north 00 degrees 53 minutes 43 seconds west along the east right of way line of route 83 for 70.59 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds west for 42.50 feet to a bend in said east route 83 for 43.95 feet; thence north 89 degrees 59 minutes 51 seconds east for 21.38 feet; thence south 00 degrees 53 minutes 43 seconds east for 25.00 feet; thence north 89 degrees 59 minutes 51 seconds east for 38.00 feet; thence south 00 degrees 53 minutes 43 seconds east for 60.01 feet; thence south 89 degrees 59 minutes 51 seconds west for 50.77 feet to the east right of way line of route 83, being the point of beginning, in cook county, Illinois. Temporary Construction Easement 2 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; the following 3 courses are along the east right of way line of route 83, 1) thence north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2) thence north 12 degrees 12 minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43 seconds west for 534.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds west for 40.00 feet; thence south 90 degrees 00 minutes 00 seconds east for 70.01 feet; thence south 00 degrees 53 minutes 43 seconds east for 40.00 feet; thence north 90 degrees 00 minutes 00 seconds west for 70.01 feet to the east right of way line of route 83, being the point of beginning, in cook county, Illinois. Section 2: That the Village Mayor and Village Clerk are hereby authorized to sign said Plat for and in the name of the Village and attach thereto the corporate seal. Section 3: That the Village Clerk is hereby directed to record a copy of said Plat with the Cook County Recordings Office, Illinois. Section 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: NAYS: ABSENT: PASSED this day of 2025 APPROVED this day of 2025 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk EasementAgreement, Magnus, Oasis Outdoor 7500 N. Elmhurst Rd. 1 15187865 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this “Agreement”) is made this ____ day of ____________, 2025 (the “Effective Date”) by and between MAGNUS FAMILY, L.L.C., a Delaware limited liability company (“Grantor”), THE VILLAGE OF ELK GROVE VILLAGE, ILLLINOIS (“Grantee”), and OASIS OUTDOOR LIMITED, an Illinois limited partnership (“Oasis”). Grantor, Grantee and Oasis are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. RECITALS: A. Grantor owns the real property located at 7500 North Elmhurst Road, Des Plaines, Illinois (“Property”). B. Oasis leases the Property from Grantor pursuant to that certain Indenture of Lease dated January 1, 1978 between Seller’s predecessor in interest, Pioneer Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated January 1, 1978 and known as Trust No. 21004, and Oasis. C. Pursuant to the Plat of Easement for Watermain attached hereto as Exhibit A (the “Plat”), which Plat is to be recorded in the office of the Cook County, Illinois Clerk, Grantor has agreed to grant and convey to Grantee certain watermain and temporary construction easements (collectively, the “Easements”) over portions of the Property delineated on the Plat (collectively, the “Easement Areas”). The legal description of the Easement Areas is set forth on Exhibit B attached hereto. D. Grantor has agreed to execute and deliver the Plat subject to the terms, provisions and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the foregoing Recitals and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1. Incorporation of Recitals. The above Recitals are hereby incorporated into this Agreement as if set forth herein. 2. Easements. The Easements shall be for the sole and exclusive purpose of constructing, maintaining, repairing, replacing, and operating water mains and related infrastructure in the Easement Areas (the “Improvements”). The grant of the Easements on the Property shall include the right to maintain and relocate the facilities installed within the limits of the Easements 1 and 2 (as delineated on the Plat). Notwithstanding the foregoing, in no event shall Grantee remove, relocate or alter any building or other structures on the Property without the prior written consent of Grantor and Oasis. Grantee shall provide not less than five (5) days’ prior written notice to Grantor and Oasis of Grantee’s intention to commence construction of the Improvements. Once construction of the Improvements has commenced, Grantee shall use continuous and diligent efforts to prosecute and complete construction of the Improvements in a timely manner. Prior to commencement of construction of the Improvements, Grantee shall remove the sign and brick improvements and deliver same to Grantor’s property manager on a pallet for storage during construction of the Improvements. Upon completion of the Improvements, Grantee shall reinstall the sign and brick improvements described in the preceding sentence, repair any other damage to the Property, and restore the surface area of the Property to the condition existing prior to commencement of construction of the Improvements and such restoration obligation 2 15187865 shall include, without limitation, the replacement of all trees, shrubbery and other landscaping which are damaged, destroyed or removed as part of the construction of the Improvements. 3. Grantee’s Costs. Grantee shall be solely responsible for all costs and expenses associated with the construction, installation, maintenance, repair, inspection and operation of Improvements on the Property in the Easement Areas. 4. Indemnification. Grantee agrees to release, defend, hold harmless and indemnify Grantor and Oasis and their respective members, partners, managers, employees, agents, and contractors (collectively, including Grantor and Oasis, the “Indemnified Parties”), from and against any and all losses, costs, damages, claims, liabilities, expenses, demands or obligations of any kind or nature whatsoever (including reasonable attorneys’ fees, expenses and disbursements) (collectively, “Losses”), whether at law or equity, for damages of any kind whatsoever arising directly or indirectly from: (i) the construction, installation, maintenance, repair, inspection and operation of Improvements including, but not limited to, injury to person or property or loss of life; (ii) any negligent acts or omissions of Grantee or its contractors, subcontractors, agents or representatives arising from or related to the Easements granted under this Agreement or the construction of the Improvements, except to the extent such Losses are caused by the gross negligence or willful misconduct of any of the Indemnified Parties. Notwithstanding anything to the contrary contained in this Agreement, all indemnity obligations accruing under this Agreement shall survive the termination of this Agreement. 5. Insurance. Grantee and its representatives/contractors shall at all times maintain (with premiums fully paid for), and provide to Grantor and Oasis proof of, insurance for: (i) commercial general liability (“CGL”), issued on a form at least as broad as Insurance Services Office Commercial General Liability Coverage “occurrence” form CG 00 01 10 01 or another “occurrence” form providing equivalent coverage, including contractual liability and personal injury liability coverage, with limits of not less than One Million Dollars ($1,000,000) for any one occurrence and Two Million Dollars ($2,000,000) in the aggregate; and (ii) worker’s compensation. Such worker’s compensation insurance shall carry minimum limits as defined by Illinois law (as the same may be amended from time to time). 6. Retention of Interest. Grantee acknowledges that the Easements granted do not and shall not be construed in any way as creating, vesting or granting Grantee any legal title or ownership right, title or interest other than the specific easement rights granted in the Easement Areas. Grantor retains any and all rights not specifically granted herein, including, without limitation: (i) any and all rights which are not directly incompatible with the Easements granted under this Agreement; and (ii) the right to grant easements to other third parties over, in, under and through the Easement Area for any purpose so long as such grant does not materially prevent, limit, or impair Grantee’s rights hereunder. 7. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their successors and assigns, and the Easements shall run with the land. Wherever a transfer occurs in the ownership of the Property, the transferor shall have no further liability for breach of covenant occurring thereafter. Grantee agrees to look solely to the interest of Grantor in the Property for the recovery of any judgment from Grantor, it being agreed that none of the Grantor Parties shall be personally liable for such judgment. Notwithstanding anything to the contrary contained in this Agreement, no Party is released from its acts or omissions to act while owning the Property subject to the terms of this Agreement. 3 15187865 8. Entire Agreement. This Agreement is a final expression and complete and exclusive statement of the agreement between the Parties with respect to the subject matter of this Agreement, and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement these terms are superseded and shall not be admissible or effective for any purposes. 9. Partial Invalidity. If any provision of this Agreement shall, for any reason, be held to be in violation of any applicable law or unenforceable, such provision shall be reformed to the extent necessary to render such provision valid or enforceable. The invalidity of any provision herein shall not be held to invalidate any other provision herein, all of which such other provisions shall remain in full force and effect. The invalidity of any of the provisions herein by judgment or court order shall in no way affect any of the other provisions hereof, and the same shall remain in full force and effect. 10. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of Illinois. Any and all legal actions sought to enforce or interpret the terms and provisions of this Agreement shall be brought exclusively in federal or state courts in Cook County, Illinois. 11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 12. Covenants Running With the Land; Enforcement. The rights, agreements and easement set forth in this Agreement are intended to be and shall be construed as covenants running with the land, and shall be binding upon, inuring to the benefit of, and enforceable by the respective Parties. It shall be lawful for each owner and their respective successors and assigns to institute and prosecute any proceedings at law or in equity (including but not limited to the right to such orders of specific performance or injunctive relief as are appropriate) against the person or persons violating or threatening to violate the rights, agreements and easements set forth in this Agreement. Should any party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all ordinary and necessary costs and expenses, including reasonable attorneys’ and other fees, incurred by the prevailing party in connection with such action or proceeding. 13. Notices. Any notices required to be given by any Party to any other Party shall be in writing, and all such notices shall be made either: (a) by personal delivery; or (b) by a recognized courier service, such as Federal Express or UPS. Notice will be effective upon receipt or refusal to accept delivery, and must be addressed to the receiving Party at the following addresses (or at such other place as any Party may from time to time designate in writing): If to Grantor: Magnus Family, L.L.C. 104 Sandy Hollow Rd. Northport, NY 11768 Attn: Steven Magnus Email: samkldlabs1989@gmail.com 4 15187865 With copies to: Magnus Family, L.L.C. 20 Adelphi Dr. Greenlawn, NY 11740 Attn: Daniel Magnus Email: dlmkldlabs1989@gmail.com And Magnus Family, L.L.C. 12 Mattie Cooper Square Beacon, NY 12508 Attn: Susan Magnus Newkirk Email: susanmagnus@me.com If to Oasis: Oasis Outdoor, Limited 400 Skokie Blvd. Suite 200 Northbrook, IL 60062 Attn: David Sherman Email: davids@bes.com If to Grantee: Village of Elk Grove Village ___________________________________ SIGNATURE PAGE FOLLOWS 15187865 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their authorized representatives as of the Effective Date. GRANTOR: MAGNUS FAMILY, L.L.C., a Delaware limited liability company By:____________________________ Name:_________________________ Title:__________________________ OASIS: OASIS OUTDOOR LIMITED, an Illinois limited partnership By:__________________________________ Name:______________________________ Title:________________________________ GRANTEE: VILLAGE OF ELK GROVE VILLAGE, ILLINOIS By:__________________________________ Name:______________________________ Title:________________________________ 15187865 EXHIBIT A PLAT OF EASEMENT [attached] 15187865 15187865 15187865 EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREAS Easement 1 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; thence north 00 degrees 53 minutes 43 seconds west along the east right of way line of route 83 for 90.60 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds west for 20.00 feet; thence north 89 degrees 59 minutes 51 seconds east for 20.00 feet; thence south 00 degrees 53 minutes 43 seconds east for 20.00 feet; thence south 89 degrees 59 minutes 51 seconds west for 20.00 feet to the point of beginning, in cook county, Illinois. Easement 2 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; the following 3 courses are along the east right of way line of route 83, 1) thence north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2) thence north 12 degrees 12 minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43 seconds west for 539.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds east for 25.00 feet; thence north 90 degrees 00 minutes 00 seconds west for 65.01 feet to the point of beginning, in cook county, Illinois. Temporary Construction Easement 1 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; thence north 00 degrees 53 minutes 43 seconds west along the east right of way line of route 83 for 70.59 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds west for 42.50 feet to a bend in said east route 83 for 43.95 feet; thence north 89 degrees 59 minutes 51 seconds east for 21.38 feet; thence south 00 degrees 53 minutes 43 seconds east for 25.00 feet; thence north 89 degrees 59 minutes 51 seconds east for 38.00 feet; thence south 00 degrees 53 minutes 43 seconds east for 60.01 feet; thence south 89 degrees 59 minutes 51 seconds west for 50.77 feet to the east right of way line of route 83, being the point of beginning, in cook county, Illinois. Temporary Construction Easement 2 That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the third principal meridian, described as follows: commencing at the intersection of said south line of the northwest quarter of the southwest quarter with the east right of way line of route 83; the following 3 courses are along the east right of way line of route 83, 1) thence north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2) thence north 12 degrees 12 minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43 15187865 seconds west for 534.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43 seconds west for 40.00 feet; thence south 90 degrees 00 minutes 00 seconds east for 70.01 feet; thence south 00 degrees 53 minutes 43 seconds east for 40.00 feet; thence north 90 degrees 00 minutes 00 seconds west for 70.01 feet to the east right of way line of route 83, being the point of beginning, in cook county, Illinois.