HomeMy WebLinkAboutRESOLUTION - 17-15 - 4/28/2015 - AGREEMENT COMMONWEALTH EDISONRESOLUTION NO. 17-15
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A SANITARY SEWER EASEMENT AGREEMENT BETWEEN
COMMONWEALTH EDISON COMPANY AND THE VILLAGE OF ELK GROVE
VILLAGE
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
SANITARY SEWER EASEMENT AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 28"' day of April 2015.
APPROVED this 281h day of April 2015.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
Cmn&Nini mnvSewcrMrccm cnl
IThis document was prepared by
and when recorded, return to:
John Mishevski
Commonwealth Edison Company
Three Lincoln Centre 4°i FL NE
Oakbrook Terrace, IL 60181
SANITARY SEWER EASEMENT AGREEMENT
THIS Sanitary Sewer Easement Agreement ("Easement") is made as of this 28thdayof
April , 2015, by and between COMMONWEALTH EDISON COMPANY, an Illinois
corporation ("Grantor"), with a mailing address of Three Lincoln Centre, 4°i FL, Oakbrook Terrace
Illinois 60181, and VILLAGE OF ELK GROVE VILLAGE, 901 Wellington Ave, Elk Grove Village IL
60007 ("Grantee").
RECITALS:
A. Grantor is the owner of a parcel of land in Elk Grove Village, County of Cook and State
of Illinois, commonly known as Lombard DesPlaines R/W Parcels 46, 47, 48 & 49, described in
Exhibit A attached hereto and made a part hereof ("Grantor's Properly").
B. 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").
C. Grantee desires to install an eight -inch (8") sanitary sewer drainage pipe along a center
line across Grantor's Property legally described on Exhibit B and in the location shown on the diagram
attached hereto as Exhibit B (for the purposes of this Easement, the "Easement Premises" shall be a strip
of land ten feet (10') wide and laying five (5") feet along either side of the sanitary sewer's center line
shown on the diagram attached hereto as Exhibit B) as shown on the diagram attached as Exhibit B. In
addition, Grantee desires a temporary easement twenty five feet (25') wide, which shall terminate
automatically and without further action of the parties hereto after construction is complete.
NOW, THEREFORE, in consideration of Ten and No/100ths Dollars, the payments, covenants,
terms, and conditions to be made, performed, kept and observed by Grantee hereunder and other good and
lawful consideration, Grantor and Grantee hereby agree as follows:
I. Grant of Easement. Subject to the terms and provisions of this Easement, Grantor hereby
grants and conveys, without warranty of title, a perpetual, non-exclusive easement for the right and
privilege to use the Easement Premises for the following purposes and for no other purpose whatsoever:
construction, maintenance and use of an eight -inch (8") sanitary sewer drainage pipe in substantial
conformity with the engineering plan sheets 4 & 5, prepared by Civiltech, dated 10/3/2014 and known as
Devon Avenue Sanitary Sewer attached hereto as Exhibit B and made a part hereof (hereinafter referred
to as the "Facilities").
79149426.2
2. 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
the Easement Premises and the Facilities, 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 reasonable 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 the Easement Premises and the Facilities 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 the Facilities 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 affecting the Easement Premises (whether recorded or unrecorded).
(e) Grantee's obligations and liabilities to Grantor under this Easement with respect to the Easement
Premises and the Facilities 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 the Facilities, and Grantee shall be and remain
liable to Grantor for the installation and operation of the Facilities in accordance with the terms and
conditions of this Easement, 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 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. 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.
3. Term. The term of this Easement shall be perpetual, unless sooner terminated in accordance with
the provisions of this Easement, and shall commence as of the date first hereinabove written.
4. Fees. In partial consideration of this Easement, Grantee shall pay Grantor a certain sum of money
as set forth in a separate agreement between Grantor and Grantee, which amount shall be due and payable
to Grantor, prior to Grantor's execution of this Easement.
79149426.2
5. Rights Reserved to Grantor
(a) Grantor's rights in and to the Easement Premises, Grantor's Property and Grantor's Operations
are and shall remain superior to Grantee's rights granted hereunder. Grantor shall not be liable to Grantee
for damage to the Facilities due to Grantor's Operations and/or the installation, operation, maintenance or
removal of any present or future facilities of Grantor.
(b) Grantor reserves the right to grant additional 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, so long as there is no material adverse impact on Grantee's rights in and use of the
Easement Premises pursuant to the terms of this Easement. In the event of a violation of this Paragraph
5(b), Grantee's sole and exclusive remedy against Grantor shall be seeking an injunction preventing such
third parry from creating such material adverse impact on Grantee's rights as aforesaid.
6. 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 Facilities 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 Facilities, 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 the Easement Premises and the Facilities to another location owned by
and 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 the Easement
Premises and/or the Facilities, 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 Easement, 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 termination of this Easement for any reason,
Grantee shall, at its sole cost and expense and only if directed to do so by Grantor in Grantor's sole
discretion, remove all of the Facilities from Grantor's Property and restore and repair Grantor's Property
to the condition existing prior to the installation of the Facilities. In the event Grantee fails to so remove
the Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's sole cost
and expense, and, in such event, Grantor may dispose of the Facilities without any duty to account to
Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing the Facilities,
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 termination of this Easement shall be conclusively deemed to have been abandoned by
791494262 3
Grantee and shall become the sole property of Grantor, without liability or obligation to account to
Grantee therefor.
7. Condition of Grantor's Property. Grantee has examined the Easement Premises and knows its
condition. Grantee hereby accepts the condition of the Easement Premises in its AS -IS, WHERE -1S
CONDITION, WITH ALL FAULTS. No representations as to the condition, repair or compliance
thereof with any laws, and no agreements to make any alterations, repairs or improvements in or about the
Easement Premises have been made by or on behalf of Grantor. By accepting possession of the Easement
Premises, Grantee shall be conclusively presumed to have accepted the condition thereof and to have
unconditionally waived any and all claims whatsoever related to the condition of the Easement Premises.
8. Conditions Governing Construction, Repair, Maintenance and Other Work.
(a) All work performed by Grantee pursuant to this Easement, including without limitation all work
related to the installation, alteration, maintenance (excluding only routine maintenance), repair,
relocation, replacement or removal of the Easement and the Facilities, 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. Grantor shall have the right (but
not the obligation) to supervise Grantee's performance of any such work at the Easement Premises (or
any component thereof) and, in the event that Grantor so elects, Grantee shall reimburse Grantor for any
and all costs of such supervision, together with a charge for Grantor's overhead, as determined by
Grantor.
(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 authorities 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 1 I 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 borne by Grantee and paid by Grantee within thirty
(30) days after receipt of a bill therefor.
(d) Grantee hereby agrees that, in the event that Grantee (or any employee, agent, representative,
contractor, licensee, invitee or guest of Grantee) performs any grading, leveling, digging or other work of
any kind on the Grantor's Property (to the extent expressly permitted under the terms of this Easement)
and damages any improvements, fixtures, facilities, equipment, or other property located (now or in the
future) at Grantor's Property, then Grantee will either (at Grantor's sole election), (x) promptly cause any
such improvements, fixtures, facilities, equipment or other property to be repaired and restored to the
same or better condition as the same were in immediately prior to such damage or destruction, or (y)
promptly pay Grantor the amount which Grantor estimates (as set forth in a written notice from Grantor to
Grantee) will cover the cost and expense of repairing and restoring such damage or destruction. Prior to
performing any such grading, leveling, digging or excavation work on the Easement Premises (which
work shall be subject to Grantor's prior written approval), Grantee will notify J.U.L.I.E. at telephone
number (800) 892-0123, C.U.A.N. at (312) 744-7000 if the Easement Premises are located in the City of
Chicago, or in the event the Easement Premises are located outside J.U.L.I.E.'s or C.U.A.N.'s
79149426.2
jurisdiction, any other services required by the utilities in the jurisdiction where the Easement Premises
are located, 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 the Easement Premises.
(e) Except for emergency repairs 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 (in addition to the notice required under subparagraph (c) above) notify Grantor's
at telephone number (866) 340-2841, 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) Grantee hereby acknowledges that the Easement Premises may be used from time to time to
accommodate equipment and facilities of other persons and/or entities (including, without limitation,
pipeline and utility companies) which are (or will be) located on, above or below the surface of the
Easement Premises. Grantee agrees that it will contact any such persons and/or entities holding rights to
use and/or occupy the Easement Premises, and provide the proper protection required by such persons or
entities, in connection with Grantee's use and occupancy of the Easement Premises. Grantee further
agrees to furnish Grantor copies of the correspondence between the any such persons or entities and
Grantee. Grantee agrees that this requirement shall apply to any installations currently located on, above
or below the Easement Premises and any and all future installations on, above or below the Easement
Premises.
(g) 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 Easement, (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.
(h) 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 the Easement
Premises and the Facilities to meet the applicable requirements of 83 ❑I. 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 liens 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.
(i) Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising our of
or related to the performance of such work, including without limitation damage to crops, fences, pasture
land or livestock, landscaping and the like 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 damage. The formula
described in Section 15(b) shall be used to determine the amount due Grantor as reimbursement for the
cost of such repairs. No vehicles, equipment or anything else (including, but not limited to, any
79149426.2 5
equipment attached to vehicles or equipment such as antennas) having a height which exceeds the
maximum allowable height under applicable OSHA height standards in effect from time to time, shall be
driven, moved or transported on the Easement Premises without Grantor's prior written consent.
0) There shall be no impairment of any natural or installed drainage facilities occasioned by any
work related to the Easement Premises and/or the Facilities and Grantee at its cost shall repair and replace
all drainage tiles damaged or destroyed during the performance of such work.
(k) The following additional specific requirements shall apply to the performance of the work related
to the Easement Premises and/or the Facilities:
(i) Grantee agrees that the Facilities will be installed in strict conformity with the
plans attached hereto as Exhibit B.
(ii) Should any proposed changes to the Easement Premises and/or the Facilities be
required, either before or after installation, Grantee, or its successors, shall first submit such changes to
Grantor, in the form of revised plans for Grantor's review and approval.
(iii) Where the Facilities cross 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, all of
which shall be performed at Grantee's sole cost and expense.
(iv) Grantee agrees, upon completion of the installation of the Facilities, 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 the Facilities. At
Grantor's sole election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil
over the Easement Premises so long as Grantee shall not cause or permit the existing ground grade on the
Easement Premises to be increased or decreased in excess of eight (8) inches above or below the existing
grade level of the Easement Premises as of the date hereof.
(v) Grantee agrees that all of Grantor's Property as affected by the construction of
the Facilities 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 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.
(vi) Grantee covenants and agrees that, in the event that Grantee installs (or is
required (by Grantor or otherwise) to install) any fencing and/or gates in connection with Grantee's work
at the Easement Premises (or its use or occupancy of the Easement Premises), Grantee will install,
maintain and operate such fences and/or gates in strict compliance with any and all fencing and locking
rules, regulations and guidelines which Grantor may deliver to Grantee from time to time. (viii) Grantee
acknowledges and confirms that, in connection with Grantor's review and/or approval of the plans and
specifications for Grantee's work at the Easement Premises (as provided in Subsection 8(a) above),
Grantor may require that barricades ("Barricades") be installed on the Easement Premises in order to
protect Grantor's Operations and/or other equipment, improvements and facilities of Grantor and other
users and occupants of the Easement Premises. Any such Barricades shall be installed either (at Grantor's
7914942e,2 6
sole option): (i) by Grantee, at Grantee's sole cost and expense, in a manner satisfactory to Grantor, or (ii)
by Grantor, in which event Grantee shall pay to Grantor, prior to such installation, Grantor's reasonable
estimate of the cost of such installation of the Barricades. [OPTIONAL: Grantee shall install, maintain
and operate such Barricades in strict compliance with any and all rules, regulations and guidelines
regarding barricades which Grantor may deliver to Grantee from time to time prior to or during the Term.
9. Covenants of Grantee. Grantee hereby covenants and agrees as follows (which covenants shall
survive the expiration or termination of this Easement and Grantee's rights and privileges under this
Easement):
(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 the Easement
Premises and/or the Facilities on Grantor's Property and, at Grantor's request, Grantee shall provide
Grantor with evidence thereof. Grantee shall cause the Easement Premises and the Facilities 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 the Easement Premises and/or the Facilities 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 15(b)
hereof.
(b) Grantee shall install the Facilities and use and occupy the Easement Premises in a manner that
avoids any interference with Grantor's Operations. Within fifteen (15) 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 hereby covenants and agrees that it will not cause or permit any lien (including, without
limitation, any mechanic's lien) or claim for lien to be asserted against the Easement Premises or any
interest therein, whether such lien or claim for lien results from or arises out of any act or omission of
Grantee or its employees, agents, consultants, representatives, contractors, subcontractors or materialmen,
or otherwise. In the event any such lien or claim for lien is filed, Grantee will immediately pay and
release the same. In the event such lien or claim of lien is not released and removed within five (5) days
after notice from Grantor, Grantor, at its sole option and in addition to any of its other rights and
remedies, may take any and all action necessary to release and remove such lien or claim of lien (it being
agreed by Grantee that Grantor shall have no duty to investigate the validity thereof), and Grantee shall
promptly upon notice thereof reimburse Grantor for all sums, costs and expenses, including court costs
and reasonable attorneys' fees and expenses, incurred by Grantor in connection with such lien or claim of
lien. Grantee hereby agrees to indemnify, 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) In addition to, and not in lieu of, the other payments which Grantee is required to make under this
Easement, Grantee shall pay the following amounts to Grantor in respect of real estate taxes and
assessments, in each case no later than thirty (30) days after Grantor's written demand therefor:
79149426.2 7
(i) All real estate taxes and other assessments which are allocable to any
improvements, structures or fixtures constructed, installed, or placed by Grantee at the Easement Premises
for all periods during which this Easement is in effect, plus
(ii) Any increase in the real estate taxes and other assessments payable with respect
to the Easement Premises for any tax parcel of which the Easement Premises is a part) which is allocable
to this Easement, Grantee's use or occupancy of the Easement Premises, or any improvements, structures
Or fixtures constructed, installed or placed by Grantee at the Easement Premises (but without duplication
of any amount payable pursuant to clause (a) above), for all periods during which this Easement is in
effect.
For purposes of this Easement real estate taxes or assessments "for" or "with respect to" any particular
period (or portion thereof) shall mean the real estate taxes or assessments which accrue with respect to
such period, irrespective of the fact that such taxes or assessments may be due and payable within a
different period.
[TO BE USED IF GRANTEE IS A MUNICIPALITY OR OTHER TAX EXEMPT ENTITY:
Grantee hereby covenants and agrees that Grantee shall, no later than the "Tax Exemption Date" (as
hereinafter defined), at Grantee's sole cost and expense, execute and deliver all documents, instruments
petitions and applications, and take all other actions which may be necessary and/or appropriate, in order
to cause the Easement Premises to be exempted from the payment of real estate taxes, to the extent that it
is possible, under applicable law. In the event that Grantee is successful in obtaining any such real estate
tax exemption for the Easement Premises, then Grantee shall thereafter cause such real estate tax
exemption to be continued for each tax year (or portion thereof) during which this Easement is in effect
(and Grantee shall execute such documents, instruments, petitions and applications, and take such other
actions which may be necessary and/or appropriate, to cause such property tax exemption to be so
continued). In the event that Grantee is unsuccessful in obtaining or continuing any such real estate tax
exemption with respect to the Easement Premises, then Grantee shall thereafter use commercially
reasonable efforts to continue to seek such exemption (or continuance thereof, as applicable) and shall,
from time to time if Grantor so requests, take such actions as may be necessary to apply for such
exemption for continuation). For purposes hereof, the term "Tax Exemption Date" shall mean the date
that is the earlier of: (i) sixty (60) days after the date of this Easement, or (ii) the deadline for submitting a
real estate tax exemption petition or application for the real estate taxes for the year in which this
Easement is executed and delivered.]
(e) Grantee shall notify Grantor in writing within thirty (30) days after the date Grantee
ceases to use the Easement Premises and/or the Facilities and shall provide Grantor with a properly
executed release of this Easement.
10. General Indemnity. To the maximum extent permitted under applicable law, Grantee
agrees to protect, indemnify, defend (with counsel acceptable to Grantor) and hold harmless Grantor and
Exelon Corporation, and their respective parents, subsidiaries and affiliates, and their respective officers,
directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests,
invitees, successors and assigns (collectively, the `Indemnified Parties") from and against any and all
losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys' fees)
and/or injuries (including, without limitation, damage to property and/or personal injuries) suffered or
incurred by any of the Indemnified Parties (regardless of whether contingent, direct, consequential,
liquidated or unliquidated) (collectively, "Losses"), and any and all claims, demands, suits and causes of
action brought or raised against any of the Indemnified Parties (collectively, "Claims"), arising out of,
resulting from, relating to or connected with: (i) any act or omission of Grantee or its officers, directors,
79149426.2 8
shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees,
successors and assigns ("Grantee Parties") at, on or about Grantor's Property, and/or (ii) any breach or
violation of this Easement on the part of Grantee, and notwithstanding anything to the contrary in this
Easement, such obligation to indemnify and hold harmless the Indemnified Parties shall survive any
termination of this Easement. 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).
11. Waiver. Any entry onto Grantor's Property by Grantee Parties shall be at such parties'
sole risk, and Grantor makes (and has heretofore made) no representations or'warranties of any kind
whatsoever regarding Grantor's Property or the condition of Grantor's Property (including, without
limitation, the environmental condition thereof). To the fullest extent permitted under applicable law,
each of Grantee Parties hereby waives any and all claims, demands, suits and causes of action against the
Indemnified Parties, and fully and forever release the Indemnified Parties, for any loss, cost, damage,
liability or expense (including, without limitation attorneys' fees) suffered or incurred by such Grantee
Parties in connection with any entry onto Grantor's Property pursuant to this Easement. This Section will
survive termination of this Easement.
12. Insurance. Grantee agrees to require its contractors, before commencing any work on the
Easement Premises to purchase and maintain, or at the option of Grantee to itself purchase and maintain,
at the cost of Grantee or its contractors, a policy or policies of insurance issued by insurance companies
authorized to do business in the State of Illinois, having ratings of A -/VII or better in the Best's Key
Rating Insurance Guide (latest edition in effect at the latest date stated in the Certificates of Insurance)
and in a form satisfactory to Grantor as follows:
COVERAGE#1
Workers' Compensation Insurance with statutory limits, as required by
the state in which the work is to be performed, and Employers' Liability
Insurance with limits not less than One Million dollars ($1,000,000.00)
each accident/occurrence
COVERAGE#2
Commercial General Liability (CGL) Policy or Policies (with coverage
consistent with ISO CG 0001 (12 04)) covering all contractors,
subcontractors and all their subcontractors with limits not less than Four
Million dollars ($4,000,000.00) per occurrence covering liability for
bodily injury and property damage arising from premises, operations,
independent contractors, personal injury/advertising injury, blanket
contractual liability and products/completed operations for not less than
three (3) years from the date the work is accepted. (CGL insurance
includes, but is not limited to coverage for claims against Grantor for
injuries to employees of Grantee and its contractors or any
subcontractors) Grantor shall be added as an Additional Insured
providing coverage consistent with ISO Form CG 20 26 11 85 or the
combination of ISO Form CG 20 10 10 01 and CG'20 37 10 01.
79149426.2 9
COVERAGE#3
Automobile Liability in an amount of not less than one million dollars
($1,000,000) per accident for bodily injury and property damage,
covering all owned, leased, rented or non -owned vehicles, which shall
include automobile contractual liability coverage.
Policies covering contractors may substitute lower limits for any of the
policies listed above, provided that contactors maintains an umbrella or
excess liability policy or policies which provide a total minimum limit of
four million dollars ($4,000,000) per occurrence for general liability and
one million dollars ($1,000,000) for automobile liability, and that all
other requirements of this insurance clause are satisfied by such umbrella
or excess policy or policies.
Grantee will, in any event, purchase and maintain during the term hereof:
COVERAGE#4
Commercial General Liability (CGL) Insurance (with coverage
consistent with ISO CG 00 01 12 04) with a limit of not less than four
million dollars ($4,000,000) per occurrence covering liability for
bodily injury and property damage, arising from premises, operations,
independent contractors, personal injury/advertising injury, blanket
contractual liability and products/completed operations (CGL
insurance includes, but is not limited to coverage for claims against
Grantor for injuries to employees of Grantee and its contractors or any
subcontractors). Grantor shall be added as an Additional Insured
providing coverage consistent with ISO Form CG 2026 (11/85) or
combination of ISO Form CG 20 10 10 01 and GC20 37 19 91. (ii)
Automobile Liability in an amount of not less than $1,000,000 per
accident for bodily injury and property damage, covering all owned,
leased, rented or non -owned vehicles, which shall include automobile
contractual liability coverage.
COVERAGE#5
Workers' Compensation Insurance with statutory limits, as required by
the state in which the work is to be performed, and Employers'
Liability Insurance with limits not less than One Million dollars
($1,000,000.00) each accident/occurrence.
Grantee may substitute lower limits for any of the policies listed above, provided that Grantee maintains
an umbrella or excess liability policy or policies which provide a total minimum limit of $4,000,000.00
per occurrence for general liability, and that all other requirements ofthis insurance clause are satisfied by
such umbrella or excess policy or policies.
(b) If any work on the Easement Premises involves or includes any contractor handling,
transporting, disposing, or performing work or operations with hazardous substances, contaminants,
waste, toxic materials, or any potential pollutants, Grantee and/or contractors shall purchase and maintain
pollution legal liability applicable to bodily injury; property damage, including loss of us of damaged
79149426.2 10
property or of property that has not been physically injured or destroyed; cleanup costs; and defense,
including costs and expenses incm-red in the investigation, defense, or settlement of claims; all in
connection with any loss arising from the Easement Premises. Coverage shall be maintained in an
amount of at least five million dollars ($5,000,000) per loss and aggregate. Coverage shall apply to
sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or
Pollutants. Grantor shall be included as an additional insured and the policy shall be primary with respect
to Grantor as the additional insured.
(c) There shall be furnished to Grantor, prior to commencing the work above described a
certificate of insurance showing the issuance of insurance policies pursuant to the requirements contained
in Coverages #I, 92, and #3 of this paragraph. Insurance coverage as required herein shall be kept in
force until all work has been completed. All policies shall contain a provision that coverages afforded
under the policies will not be canceled or material change until at least thirty (30) days prior written
notice (ten (10) days in the case of nonpayment of premium) has been given to Grantor.
(d) Grantee shall provide evidence of the required insurance coverage under Coverage #4
and 95, which shall be delivered to Grantor upon execution of this document. The insurance under
Coverage 44 and #5 shall be kept in force through the term hereof through the above -referred policy, or
such subsequent or substitute policy or policies as Grantee may, at its discretion, obtain. Grantee shall
also provide Grantor with evidence of all of the insurance required hereunder prior to the effective date of
the Lease whenever any insurance policy procured by Grantee hereunder is renewed and whenever
Grantee obtains a new insurance policy hereunder.
(e) Insurance coverage provided by Grantee and its contractors shall not include any of the
following; any claims made insurance policies; any self-insured retention or deductible amount greater
than two hundred fifty thousand dollars ($250,000) unless approved in writing by Grantor; any
endorsement limiting coverage available to Grantor which is otherwise required by this Article; and any
policy or endorsement language that (i) negates coverage to Grantor for Grantor's own negligence,
(ii) limits the duty to defend Grantor under the policy, (iii) provides coverage to Grantor only if Grantee
or its contractors are negligent, (iv) permits recovery of defense costs from any additional insured, or (v)
limits the scope of coverage for liability assumed under a contract.
(t) To the extent permitted by applicable Laws, all above-mentioned insurance policies shall
provide the following:
(1) Be primary and non-contributory to any other insurance carried by Grantor
(2) Contain cross -liability coverage as provided under standard ISO Forms' separation of
insureds clause; and
(3) Provide for a waiver of all rights of subrogation which Grantee's, or its Contractors'
insurance carrier might exercise against Grantor; and
(4) Any Excess or Umbrella liability coverage will not require contribution before it will
apply
(g) Grantor hereby reserves the right to amend, correct and change from time -to -time the
limits, coverages and forms of polices as may be required from Grantee and/or its contractors.
79149426.2 11
(h) WAIVER OF SUBROGATION. Grantee and its contractors shall waive all rights of
subrogation against Grantor under those policies procured in accordance with this Easement.
13. Environmental Protection.
(a) Grantee covenants and agrees that Grantee shall conduct its operations on the Easement
Premises in compliance with all applicable Environmental Laws (as hereinafter defined) and further
covenants that neither Grantee, nor any of Grantee Parties, shall use, bring upon, transport, store, keep or
cause or allow the discharge, spill or release (or allow a threatened release) in each case of any Hazardous
Substances (as hereinafter defined) in, on, under or from the Easement Premises. Without limiting any
other indemnification obligations of Grantee contained herein, Grantee hereby agrees to protect,
indemnify, defend (with counsel acceptable to Grantor) and hold harmless the Indemnified Parties from
and against any and all Losses and Claims (including, without limitation, (i) reasonable attorneys' fees,
(ii) liability to third parties for toxic torts and/or personal injury claims, (iii) fines, penalties and/or
assessments levied, assessed or asserted by any governmental authority or court, and (iv) assessment,
remediation and mitigation costs and expenses and natural resource damage claims) arising out of,
resulting from or connected with any Hazardous Substances used, brought upon, transported, stored, kept,
discharged, spilled or released by any Grantee Parties or any other person or entity (except for any person
or entity which is an Indemnified Party) in, on, under or from the Easement Premises. For purposes of
this Easement, the term "Hazardous Substances" shall mean all toxic or hazardous substances, materials
or waste, petroleum or petroleum products, petroleum additives or constituents or any other waste,
contaminant or pollutant regulated under or for which liability may be imposed by any Environmental
Law. "Environmental Laws" shall mean all federal, provincial, state and local environmental laws
(including common law) regulating or imposing standards of care with respect to the handling, storage,
use, emitting, discharge, disposal or other release of Hazardous Substances, including, but not limited to,
the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C.
§§7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§1251, et seq., the Emergency
Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic
Substances Control Act,.15 U.S.C. §§2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§2701, et
seq., any successor statutes to the foregoing, or any other comparable local, state or federal statute,
ordinance or common law pertaining to protection of human health, the environment or natural resources,
including without limitation the preservation of wetlands, and all regulations pertaining thereto, as well as
applicable judicial or administrative decrees, orders or decisions, authorizations or permits.
(b) If there are wetlands on the Easement Premises, or if wetlands should develop on the
Easement Premises during the term of this Easement, Grantee shall strictly comply with and observe all
applicable Environmental Laws. At Grantor's request, Grantee, at its cost, shall furnish Grantor with a
survey of the Easement Premises delineating any wetland areas located on the Easement Premises. Under
no circumstances shall Grantee change the physical characteristics of any wetland areas located on the
Easement Premises or any adjoining land or place any fill material on any portion of the Easement
Premises or adjoining land, without in each instance obtaining Grantor's prior written consent (which
may be granted or withheld in Grantor's sole discretion), and only then in compliance with applicable
Environmental Laws.
(c) Grantee shall provide Grantor with prompt written notice upon Grantee's obtaining
knowledge of any potential or known release or threat of release of any Hazardous Substances affecting
the Easement Premises.
(d) This Section shall survive the expiration or other termination of the Easement.
79149426.2 12
14. Defaults. The occurrence of any of the following shall constitute an event of default
("Event of Default") under this Easement:
(a) Grantee shall fail to pay when due any amount payable to Grantee hereunder and such
failure continues for a period of ten (10) days after notice thereof from Grantor; or
(b) Grantee shall breach or violate any of its duties or obligations set forth in Section 9(c) or
Section 12 of this Easement; or
(c) Grantee shall at any time be in default in any other covenants and conditions of this
Easement to be kept, observed and performed by Grantee and such default continue for more than thirty
(30) days (or such shorter time period as may specifically set forth in this Easement) after notice from
Grantor; or
(d) A receiver, assignee or trustee shall be appointed for Grantee or if the Grantee shall file
bankruptcy, or if involuntary bankruptcy proceedings shall be filed against Grantee; or
(e) Grant shall fail to complete construction of the Facilities on or before twelve (12)
months after the date of this Easement or shall fail to operate or maintain the Facilities for a period of
twelve (12) consecutive months.
15. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or
more of the following remedies (which remedies shall survive the expiration or termination of this
Easement and Grantee's rights and privileges under this Easement):
(a) terminate this Easement and all rights and privileges of Grantee under this Easement 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 rate of nine (9%)
percent and (ii) an administrative charge in an amount equal to ten percent (10%) 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 Easement, 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 Easement 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 Easement shall not constitute a waiver of any breach or violation of the terms or
conditions of this Easement.
16. Notices. Whenever notice is required to be given pursuant to this Easement, the same
shall be in writing, and either personally delivered, sent by a nationally recognized overnight delivery
service, postage prepaid, or sent via United States certified mail, return receipt requested, postage prepaid,
and addressed to the parties at their respective addresses as follows:
79149426.2 13
If to Grantor:
Commonwealth Edison Company
Three Lincoln Centre
Oakbrook Terrace , Illinois 60181
Attn: Real Estate Services
with a copy to:
Exelon Business Services Company
Law Department
P.O. Box 805379
Chicago, Illinois 60680-5379
Attn: Assistant General Counsel — Real Estate
If to Grantee:
Village of Elk Grove Village
901 Wellington Ave.
Elk Grove Village IL 60007
Attn: Village President
or at such other addresses as any party, by written notice in the manner specified above to the other party
hereto, may designate from time to time. Unless otherwise specified to the contrary in this Easement, all
notices shall be deemed to have been given upon receipt (or refusal of receipt) thereof.
17. No Assignment by Grantee. This Easement 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 and the owners of Grantor's Property, from time to time; 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 Easement 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 in violation of the foregoing 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), and the owners of Grantor's Property, from time to time. For purposes
of this Easement, any transfer, directly, indirectly or by operation of law, of a "controlling" interest in
Grantee shall constitute an assignment of this Easement, and shall be subject to the terms and provisions
of this Section 17. For purposes hereof, a "controlling" interest in Grantee shall mean: (a) the ownership,
directly or indirectly, of a majority of the outstanding voting stock or interests of Grantee, or (b) the
possession, directly or indirectly, of the power to direct or cause the direction of the management and
policies of Grantee, whether through the ownership of voting securities or other ownership interests, by
statute, or by contract.
18. Entire Agreement. This Easement, the exhibits and addenda, if any, contain the entire
agreement between Grantor and Grantee regarding the subject matter hereof, and fully supersede all prior
written or oral agreements and understandings between the parties pertaining to such subject matter.
19. Transfer by Grantor. Upon any transfer or conveyance of the Easement Premises by
Grantor, the transferor shall be released from any liability under this Easement, and the transferee shall be
79149426.2 14
bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or
conveyance.
20. No Oral Chance. This Easement cannot be changed orally or by course of conduct, and
no executory agreement, oral agreement or course of conduct shall be effective to waive, change, modify
or discharge it in whole or in part unless the same is in writing and is signed by the party against whom
enforcement of any waiver, change, modification or discharge is sought.
21. Further Assurances. Each party agrees that it will execute and deliver such other
documents and take such other action as may be reasonably requested by the other party to effectuate the
purposes and intention of this Easement.
22. Governine Law, Venue. The terms and provisions of this Easement shall be governed by
and construed in accordance with the laws of the State of Illinois. With respect to any suit, action or
proceeding relating to this Easement (each a "Proceeding"), the parties hereto each irrevocably: (a) agree
that any such Proceeding shall be commenced, brought, tried, litigated and consummated in the courts of
the State of Illinois located in the County of Cook or (as applicable) the United States District Court for
the Northern District of Illinois, (b) submit to the exclusive jurisdiction of the courts of the State of
Illinois located in the County of Cook and the United States District Court for the Northern District of
Illinois, and (c) waive any objection which they may have at any time to the laying of venue of any
Proceeding brought in any such court, waive any claim that any Proceeding brought in any such court has
been brought in an inconvenient forum, and further waive the right to object, with respect to such
Proceeding, that any such court does not havejurisdiction over such party.
23. Time is of the Essence. "rime is of the essence of each and every provision of this
Easement.
24. Severability. In the event that any governmental or regulatory body or any court of
competent jurisdiction determines that any covenant, term or condition of this Easement 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 Easement. In the event any provision of this Easement 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 Easement to its original intent and effect.
25. No Reinstatement. No receipt of money by Grantor from Grantee, after the expiration or
termination of this Easement shall renew, reinstate, continue or extend the term of this Easement.
26. Non -Affiliated. By signing this Easement, Grantee affirms and states that it is not an
employee of Commonwealth Edison Company nor Exelon Corporation, and their respective parents,
subsidiaries and affiliates, nor has any affiliated interest in the Coin inonwealth Edison Company or
Exelon Corporation, and their respective parents, subsidiaries and affiliates.
27. Counterparts. This Easement may be executed by the parties in counterparts. Each such
counterpart shall be deemed an original and all such counterparts, taken together, shall constitute one and
the same agreement.
791494263 15
28. No Assessment. By signing this Easement 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.
29. No Third Party Beneficiaries. Grantor and Grantee agree and acknowledge that, except
as expressly set forth herein, there are no intended third party beneficiaries of this Easement nor any of
the rights and privileges conferred herein.
30. Illinois Commerce Commission Approval. Grantor and Grantee acknowledge that
Grantor is a public utility regulated by the Illinois Commerce Commission ("Commission") and other
governmental authorities, and this Easement and the obligations of the parties hereto are subject to all
legal requirements applicable to Grantor as a public utility. Although it is not expected that the
Commission's or other governmental authority's approval will be required for this Easement, the rights
and obligations of the parties hereunder are conditioned upon the Commission's and any other applicable
governmental authority's approval of this Easement, under any circumstances in which such approval is
required. It is further agreed and understood that this Easement may be terminated by Grantor
immediately at any time in the event that Grantor is required to do so by the Commission or some other
governmental authority.
31. Labor Relations. Neither Grantee nor any of Grantee's authorized agents shall, at any
time, directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer in
the Easement Premises, or permit any materials to be delivered to or used in the Easement Premises, if, in
Grantor's sole judgment, such employment, delivery or use will interfere or cause any conflict with other
contractors, mechanics or laborers engaged in the construction, maintenance or operation of Grantor's
Property (or any other property) by Grantor, Grantee or others, or the use and enjoyment of Grantor's
Property by Grantor or other lessees or occupants of Grantor's Property. In the event of such interference
or conflict, upon Grantor's request, Grantee shall cause all contractors, mechanics or laborers causing
such interference or conflict to leave Grantor's Property immediately.
32. Independent System Operator. In the event responsibility for management or operation of all or
any portion of Grantor's electrical transmission facilities located in or on the Grantor's Property is
transferred or assigned by Grantor to an independent system operator ("ISO") or another third party, then
Grantee agrees to recognize the right of such ISO or third party to exercise all or any part of Grantor's
rights under this instrument.
33. Additional Requirements. Grantee shall follow the additional requirements as listed in Exhibit C.
79149426.2 16
IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed by their
proper officers thereunto duly authorized as of the day and year first hereinabove written.
COMMONWEALTH EDISON COMPANY
WM
Timothy Hughes
Director of Real Estate and Facilities
VILLAGE OF ELK GROVE VILLAGE
Name: Craig B. Johnson
Title: Mayor
SCHEDULE OF EXHIBITS
A Legal description of Grantor's Property
B Easement Premises
C Additional Requirements.
791194262 17
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that Timothy I-lughes, personally known to me to be the director of Real Estate and Facilities
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, as such Director, he
signed and delivered such instrument, as his/her free and voluntary act and deed, and as the free and
voluntary act and deed of such corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2015.
Notary Public
Commission expires:
STATE OF )
SS
COUNTY OF )
I, , a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that personally known to me to be the
of a and personally known to me
to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that as such , (s)he signed and delivered such
instrument pursuant to authority given by the of such as his/her free and
voluntary act and deed, and as the free and voluntary act and deed of such for the
uses and purposes therein set forth.
Given under my hand and official seal, this day of 20
Notary Public
Commission expi
79149426.2 18
EXHIBIT A TO EASEMENT AGREEMENT
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
THE NORTH TWO HUNDRED TEN (210) FEET MEASURED PERPENDICULARLY ) OF LOT 15,
16,17,18 IN WILLIAMS LUMP'S DEVON AVENUE FARMS SUBDIVISION OF PART OF THE
SOUTH QUARTER OF SECTION THIRTY THREE (33), TOWNSHIP FORTY ONE (41) NORTH,
RANGE ELEVEN (11) EAST OF THE THIRD PRINCIPAL MERIDIAN.
79149426.2 19
EXHIBIT B TO EASEMENT AGREEMENT
EASEMENT PREMISES
Devon Avenue Sanitary Sewer Easement
THE SOUTH 10 FEET OF THE NORTH 210 FEET (COMMONWEALTH EDISON ELECTRIC
RIGHT-OF-WAY) OF LOT 15, LOT 16, LOT 17, IN WILLIAM LUMPP'S DEVON AVENUE
FARMS, BEING A SUBDIVISION IN THE SOUTH QUARTER OF SECTION 33, TONSHIP 41
NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED SEPTEMBER 26, 1944, AS DOCUMENT 13364273 IN COOK COUNTY,
ILLINOIS.
P.I.N.: 08-33-401-041-0000
[See Diagram Attached]
79149426.2 20
EXHIBIT C TO EASEMENT AGREEMENT
ADDITIONAL REOU IZEMENTS
No obstruction may be placed within 15 feet of existing distribution facilities to ensure that these facilities
are easily accessible in case of emergency.
Grantee equipment will not exceed 14 feet in height on Grantor's right of way.
Any subsurface installed must be at least 15 feet from transmission towers.
Grantee shall not leave open trenches on right of way.
Grantee shall not leave construction equipment and materials on Grantor's property when there is no work
activity.
Grantee shall provide a kmz file of the final installed sanitary sewer, abandoned sanitary sewer line within
the ROW, and the location of the two associated manholes.
Grantee shall submit copies of any required environmental permits and plans to ESD (Sara Race), SR
3184190.
Grantee shall provide documentation (including photographs) that the Easement Premises are returned to
its original condition after completion of the project and restoration.
Grantee shall provide an SI: -.SC plan for spoil piles and must be provided to ESD. If the plan changes, a
revision must be sent to ESD.
Grantor prefers that the retired pipe is removed from Grantor's Property. In the instance when the pipe
cannot be removed and the pipe will be retired in place, the retired pipe should be grouted at 100%.
Documentation detailing the materials and methods used should be provided to ESD.
Grantee shall provide ESD with any changes in the plans to retire the pipe in place.
79149426.2 21
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