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HomeMy WebLinkAboutRESOLUTION - 18-19 - 3/26/2019 - Annexation Agreement Commonwealth EdisonRESOLUTION NO. 18-19 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON COMPANY OF PROPERTY TO BE ANNEXED TO THE VILLAGE WHEREAS, on March 26, 2019, a public hearing was held pursuant to Section 65 ILCS 5111-15.1 et. seq. of the Illinois Municipal Code to consider the approval of an Annexation Agreement between the Village of Elk Grove Village and Commonwealth Edison Company of property to be annexed to the Village; and WHEREAS, as a result of the testimony and evidence presented at said public hearing, the Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be in the best interest of the Village that the Annexation Agreement between the Village and Owners be approved. 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 ANNEXATION AGREEMENT between the Village of Elk Grove Village and the designated owners which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said document 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: Trustees Franke, Lissner, Petri, Czarnik, Feichter, Prochno, Mayor Craig Johnson NAYS: None ABSTAIN: None ABSENT: None PASSED this 261h day of March 2019. APPROVED this 26th day of March 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this 26th day of March , 2019 ("Effective Date"), between the VILLAGE OF ELK GROVE VILLAGE, an Illinois Home Rule municipal corporation, Cook and DuPage Counties, Illinois, hereinafter referred to as the "Village", and COMMONWEALTH EDISON COMPANY, an Illinois corporation, hereinafter referred to as "Owner" or "ComEd", all pursuant to the provisions of 65 ILCS 5/11-15.1-1 et seq. WITNESSETH: WHEREAS, Owner is the fee simple owner of record of the real property described in Exhibit "A" incorporated herein ("Subject Premises"), and which constitutes the "territory" to be annexed to the Village of Elk Grove Village, in accordance with the provisions of 65 ILCS 5/7-1-1, 5/7-1-8 and 5/11-15.1-1 et seg; and WHEREAS, said Subject Premises is not within the corporate limits of any municipality, but is in the unincorporated area of Cook County and is presently contiguous to the Village; and WHEREAS, the Owner plans to demolish the existing improvements at the Subject Premises to develop in several phases (the "Initial Redevelopment") an electrical substation ("Substation") serving the power needs of the Village and surrounding areas, and such Substation is fully consistent with and supportive of the Village's economic development initiatives as the Substation is a critically important infrastructure for the Village's numerous data centers and other large electrical users; and WHEREAS, the Owner desires the annexation of the Subject Premises, pursuant to the terms and conditions as hereinafter set forth, and has filed a duly executed and authorized Annexation Petition with the Village Clerk signed by the owners of record of all land within the Subject Premises and by all electors residing thereon, if any; and WHEREAS, the Owner seeks to subdivide the Subject Premises pursuant to the Village Municipal Code ("Municipal Code") and all other statutory requirements into one platted lot (given that it is only described currently by a metes and bounds description) (hereinafter referred to as the "Lot") and seeks to re -zone the Lot into the I-1 Restricted Industrial District with a Special Use Permit for the Substation; and WHEREAS, the Owner has presented to the Village Clerk and to the Corporate Authorities (as hereinafter defined) of the Village a duly executed petition for rezoning the Subject Premises, requesting a Special Use Permit for the Substation, requesting various modifications and variances to and from the Municipal Code (including the Zoning Ordinance), and requesting approval of the draft plat of subdivision ("Plat of Subdivision") (collectively, the "Land Use Approvals"); and WHEREAS, Owner has furnished the Illinois Department of Natural Resources with all necessary information relative to the anticipated development of the Subject Premises and that agency has concluded (i) there are no threatened or endangered species on or in the vicinity of the Subject Premises and (ii) there are no historical, architectural or archeological sites that exist within the Subject Premises; and WHEREAS, due notice as required by statute has been sent to and received by the Trustees of all Fire Protection Districts and Public Library Districts having jurisdiction over the Subject Premises, the Township Road Commissioner(s) and Town Board of Elk Grove Township, and any other entity or person entitled to such notice, and the parties will file affidavits of such service of notice with the Recorder of Deeds for Cook County in accordance with applicable provisions of the Illinois Municipal Code, and will comply with all other additional applicable requirements of the Illinois Municipal Code; and WHEREAS, a public hearing before the Village Plan Commission was held on 01-14-19 to consider said annexation, zoning change, the Special Use Permit, modifications and variations to the Village's Zoning Ordinance and approval of the Plat of Subdivision, pursuant to proper notice published on 03-08-19 by the Village in the Daily Herald, a newspaper of general circulation within the Village, pursuant to notice given by the Village to surrounding property owners and pursuant to notices posted by Owner on the Subject Premises, all as required by the Illinois Municipal Code, Village's Zoning Ordinance and Village Resolution No. 42-74; and WHEREAS, the Plan Commission has submitted a Finding of Fact and recommendation to the Corporate Authorities of the Village that the Subject Premises be annexed and granted the Land Use Approvals; and WHEREAS, a public hearing before the Mayor and Board of Trustees of the Village (collectively, the "Corporate Authorities") with regard to this Agreement and the Land Use Approvals was held on 03-26-19 , pursuant to proper notice published on03-08-19, by the Village in the Daily Herald, a newspaper of general circulation within the Village, pursuant to notice given by the Village to surrounding property owners and pursuant to notices posted by Owner on the Subject Premises as required by the Illinois Municipal Code, Village's Zoning Ordinance and Village Resolution No. 42-74; and WHEREAS, the parties desire, pursuant to applicable provisions of the Illinois Compiled Statutes (including, without limitation, those set forth at 65 ILCS 5111-15.1.1 et. seg.) the Municipal Code and the Village's home -rule authority, to enter into an agreement with respect to the Land Use Approvals, the annexation of the Subject Premises to the Village ("Annexation"), and with respect to various other matters related thereto; and WHEREAS, the Corporate Authorities of the Village have considered the Annexation and the issuance of the Land Use Approvals, and they have determined that the best interests of the Village will be served by the annexation of the Subject Premises to the Village and the zoning, subdivision and development of the Subject Premises in accordance with the provisions of this Agreement and the Land Use Approvals and, by the affirmative vote of at least two-thirds of the Corporate Authorities then holding office, the Corporate Authorities have approved this Agreement and have authorized the Mayor and Clerk of the Village to execute this Agreement; and 2 WHEREAS, the parties have materially changed their economic and other positions in reliance upon the parties' execution and delivery of this Agreement and their performance of their respective obligations hereunder. NOW, THEREFORE, in consideration of the foregoing preambles, which are hereby incorporated into and made a part of this Agreement, and of the mutual covenants hereinafter contained, the parties agree as follows: ARTICLE I ANNEXATION AND VARIATIONS The Village and the Owner shall do all things necessary or appropriate to cause the Subject Premises shown on the plat of annexation (attached hereto as Exhibit B which is based in part on the plat of survey attached hereto as Exhibit C) to be validly annexed to the Village and will thereafter grant the following variances to and from the requirements of the Municipal Code (including the Zoning Ordinance and Subdivision Control Ordinance) to the Owner and shall do all things necessary or appropriate to allow for the following: a) Due to the extensive amount of overhead utility lines crossing the frontage of the Subject Premises, ComEd shall not be required to comply with the parkway tree obligation described in Section 8-3A-12-D.10 of the Municipal Code. b) Because ComEd must install a fence/wall around the Substation for safety and security, variances from Sections 3-7-D.3, 3-7-D.5, 7-1 and 7E-9.A of the Zoning Ordinance will apply to the maximum fence/wall height of 25 feet and to allow for the siting of fences, walls and other Substation structures within otherwise required setbacks. Further, barbed wire shall only be permitted to be used on the Subject Premises during the term of this Agreement on fences or walls exceeding six feet in height in locations specifically identified on the Approved Site Plan attached as Exhibit E and not exceeding 18 inches in height. c) Variations will be granted to the height limits of Section 7-1 of the Zoning Ordinance to accommodate the 69-foot maximum height of the principal building within the Substation and, as well, the 126-foot maximum height of transmission structures within the Subject Premises, including the Substation. The height of the transmission structures is required to accommodate crossing clearances to other new transmission line conductors. The clearance is necessary to maintain safe and reliable electrical service. The building height has been designed to enhance reliability by creating weather protection for as much transmission equipment as possible while still implementing proper safety enhancements (e.g., proper clearances, lightning protection, separation of heating/cooling equipment from high -voltage lines, etc.). d) The Substation yard will be permitted to be constructed of gravel despite any provision to the contrary concerning (i) the requirement of paved surfaces for driveways, parking and off-street loading set forth in Section 8-8A-3-B.1 of the Municipal Code and Sections 3- 7-E.4, 4-3-C.2, and 4-4-D.3 of the Zoning Ordinance and (ii) the minimum structural support level for parking areas set forth in Section 8-8C-3.A of the Municipal Code, provided, however, that the driveway apron between the road and the fence/wall surrounding the property shall be concrete. Further, to allow ComEd to undertake loading and unloading within 60 feet of Midway Court, a variation from Section 3-7-E.3 of the Zoning Ordinance will be granted for this purpose. e) A variation will be granted from Section 7E-8-6(B) of the Zoning Ordinance to allow more than 20,000 gallons of flammable materials (in this case, transformer oil) to be situated within the Subject Premises and within 50 feet of the lot lines. f) Upon receipt of one or more fully completed applications from the Owner (tied to project phasing) providing details on the quantity and location of the Substation's required batteries (up to 180 lead -calcium battery cells may be situated at the Substation, which such battery cells may meet the definition of "toxic substance" set forth in Section 7E-8-4 of the Zoning Ordinance), the Village will grant the permit required by Section 7E-8-4(C) of the Zoning Ordinance. g) Given the broad definition of "structure" in the Zoning Ordinance and the proposed development of the Substation as one principal building with multiple compartments along with numerous additional electrical apparatuses and equipment of varying sizes, a variation shall be granted from the limitations concerning the number of principal and accessory structures and the bulk dimensions for accessory structures set forth in Section 3-6.13 and 3-7.D of the Zoning Ordinance, to allow the full development of the planned Substation, as shown in the Approved Site Plan in Exhibit E. h) The Village will issue to the Owner building and demolition permits notwithstanding that its Plat of Subdivision (as hereinafter defined) may be in the process of being executed and finalized. Further, variations from Sections 8-1213-1-I(A)(3)(b) and 8-1213-1-I(D) of the Municipal Code will be granted to waive the required easements and a variation from Section 8-12B-1-2(K) of the Municipal Code will be granted to allow above ground utility facilities, with the exception of non -electrical building services which shall be located underground. i) A variation from Section 8.313-213.10 of the Municipal Code with respect to exterior material requirements shall be granted for compartments, equipment and structures of the Substation shown in the Approved Site Plan in Exhibit E, with the exception of the primary Substation building, which will adhere to the exterior material requirements; and j) A variation from the 0.5 foot candle requirement set forth in Section 4-3(C)(6) of the Zoning Ordinance will be granted. The foregoing shall include the enactment of such resolutions and ordinances as may be necessary to cause the Village to comply with the terms of this Agreement, including but not limited to the granting of any Zoning or Land Subdivisions Ordinance amendments, variations, modifications or Special Use Permits, variations or approvals, to permit Owner to develop 4 Subject Premises in accordance with the terms of this Agreement, and such enactments pertaining to the Land Use Approvals shall be a condition to the Annexation. ARTICLE II ZONING Immediately following the adoption of the ordinance annexing the Subject Premises to the Village, the Corporate Authorities of the Village shall adopt an ordinance amending the Comprehensive Plan and Official Map and Zoning Map of the Village, classifying and zoning the Subject Premises as 1-1 Restricted Industrial District. The aforesaid underlying zoning district classification shall create a permanent zoning classification for the Subject Premises and thereafter, until amended in the manner provided by law for the amendment of zoning classifications. The Special Use Permit, modifications and variations described above shall not lapse or expire as a result of the passage of time or upon the happening of any event or the failure of any event to occur. Further, the Village hereby agrees that any uses of the Subject Premises or buildings and structures situated thereon at the expiration or termination of this Agreement shall, to the extent such uses of the Subject Premises are for Certificated Improvements (as defined herein) or are permitted pursuant to this Agreement, be considered permitted uses or lawfully pre-existing special uses pursuant to the Zoning Ordinance and, notwithstanding anything to the contrary in the Zoning Ordinance, no such uses, buildings or structures existing at the date of expiration or termination of this Agreement shall be subject to Village -imposed amortization or termination provisions, whether by the Zoning Ordinance or otherwise. This paragraph shall specifically survive the expiration or termination of this Agreement and the Village specifically acknowledges that ComEd will be relying on good faith on the Village's agreement with the terms and conditions of this paragraph, and the Village shall be estopped from any attempts to hinder or prevent the enforceability of this paragraph. The Village hereby agrees, for the duration of this Agreement, that should it reclassify the Subject Premises or any portion of any zoning lot located: (a) within the Village's boundaries and subject to the Village's jurisdiction; and (b) adjacent to, or across a public right of way from the Subject Premises, as such boundaries may exist on the effective date of this Agreement, so that a zoning lot described in this Article is classified with a residential zoning district (e.g., without limitation, R-1, R-2, R-3, R-4, A-1, A-2 and A-3)(a "Residential Rezoning Action"), then the Village shall grant corresponding approvals under the Zoning Ordinance and other relevant provisions of the Municipal Code to ensure that the Subject Premises (including its Substation) do not become non -conforming (whether as to use or as to bulk and other non-use criteria) for purposes of the Municipal Code (including its Zoning Ordinance) resulting from a Residential Rezoning Action. The approvals and agreements set forth in this Article shall be conditions of Annexation. ARTICLE III SITE PLAN AND PLAT OF SUBDIVISION The Village, concurrently with the adoption of an ordinance annexing the Subject Premises to the Village and as a condition of Annexation, shall approve the Plat of Subdivision in accordance with the plat of subdivision attached hereto as Exhibit D. The Plat of Subdivision will cause the Subject Premises to consist of one lot of record as shown on the Final Plat of 1500 Midway Subdivision and attached hereto as Exhibit D. The Village and Owner hereby agree that notwithstanding anything to the contrary in the Municipal Code, the Owner shall be required to record the Plat of Subdivision not later than the two (2) year anniversary of the Effective Date of this Agreement. The Village and Owner further agree that the Subject Premises may be developed in substantial conformance with and as shown on the Approved Site Plan attached hereto as Exhibit E, Approved Landscape Plan attached hereto as Exhibit F, the Approved Enclosure Section attached hereto as Exhibit G and the Approved Precast Wall Typical Section and Detail attached hereto as Exhibit H, and such an agreement shall be a condition of Annexation. ARTICLE IV WATER AND SANITARY SEWER; STORM DETENTION a. Upon initial annexation and continuing during and after the construction of the Initial Redevelopment, the Village shall cooperate with Owner as required for Owner to continue receiving sanitary sewage service for the Subject Premises from Elk Grove Township ("Township") and to allow Owner's continued connection to the Township's sanitary sewer line at the eastern boundary of the Subject Premises through the installation at the time of construction of the Initial Redevelopment of a new manhole adjacent to the eastern property line as approved by the Village Engineer. Owner shall pay to the requisite governmental entities providing sanitary sewer service all permit, inspection and tap -on fees (if any) for the Subject Premises relating to the provision of sanitary sewer services. The Village shall grant Owner access to all Village -owned or controlled rights -of -way to enable Owner's provision of sanitary sewer service to the Subject Premises. b. Upon annexation, the Village and Owner agree that title to the existing Township sanitary sewer line within the Subject Premises shall vest with the Owner and the parties will, if necessary, enter into documentation effectuating this ownership status. The Owner shall be responsible for maintenance of such sanitary sewer line owned by Owner from and after the date of annexation. Owner's installation of a new sanitary manhole near the property line of the Subject Premises as described herein will designate the eastern limits of ComEd's ownership of the sanitary sewer line. The Subject Premises shall be permitted to receive, without additional tap -on fees, sanitary sewer services from the Village should jurisdiction over the sanitary sewer line to which the Subject Premises will be connected be transferred from the Township to the Village. C. The Village represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders, and water mains and lines within 6 rights -of -way which can service the Subject Premises. The Owner shall connect to and use such system and mains and lines, which connection shall be at the boundary of the Subject Premises as approved by the Village Engineer. The Village shall grant Owner access to all Village owned rights -of -way and/or Village potable water lines to enable Owner's provision of potable water service to the Subject Premises. d. The Owner shall provide and maintain all necessary storm detention systems as are required for the construction and use of improvements located or to be located on the Subject Premises, all in accordance with good engineering practice. At such time as storm water management improvements are constructed in association with the construction of additional or expanded structures, pavement, sidewalks, curb and gutter, roadway or other improvements, sufficient storm water detention shall be provided to attenuate the post - development peak release rate to a maximum of 0.30 cubic foot per second per acre of development, including existing structures and pavements, for a 24-hour duration storm with a one percent probability of occurrence in any year. The Village acknowledges and agrees that the Owner may continue to utilize for stormwater discharge existing improvements and easement rights which extend east of the eastern property line of the Subject Premises. ARTICLE V PUBLIC IMPROVEMENTS AND SERVICES OTHER THAN WATER AND SANITARY SEWER IMPROVEMENTS AND SERVICES a. Through the Plat of Subdivision, the Owner will dedicate the approximate northern one-half of Midway Court to the governmental body responsible for regulatory jurisdiction over such portion of Midway Court, but shall have no obligation to improve Midway Court in any manner other than improvements depicted on the Site Plans. b. The parties acknowledge that certain above ground utility lines will exist within the annexed property, but Owner shall have no obligation to place such above ground utility facilities underground, notwithstanding anything to the contrary set forth in Section 8- 12B-1-2(K) of the Municipal Code, except non -electrical building services which shall be located underground. C. Upon annexation of the Subject Premises to the Village, the Subject Premises, and the owners and occupants thereof, shall be entitled to receive police, fire and emergency medical services from the Village in accordance with the Village policies and procedures generally prevailing within the corporate limits of the Village. ARTICLE VI PUBLIC UTILITY AND JURISDICTIONAL MATTERS The Owner and the Village acknowledge that as of the date hereof, it is anticipated that the Initial Redevelopment will be undertaken pursuant to and in accordance with the Land Use Approvals described in this Agreement and that upon completion of the Initial Redevelopment, the Subject Premises will be utilized as the Substation. Once such Initial 7 Redevelopment is complete, the Owner or its parent company, subsidiaries and affiliates (such business entities to be called collectively the "ComEd Companies") may propose to make alterations, modification, changes, additions, improvements, demolition and/or removal of or to the Substation and/or Subject Premises ("Subsequent Alterations"). The parties further acknowledge that (i) the ComEd Companies (and their successors or assigns) may be subject to the jurisdiction of the Illinois Commerce Commission and other applicable state and federal regulatory agencies, and that such jurisdiction, when applicable, may, pursuant to statute or common law, affect the regulation by the Village of the Initial Redevelopment of the Substation and/or Subsequent Alterations to it; and (ii) certain aspects of the Initial Redevelopment or Subsequent Alterations may be built on the Subject Premises as authorized by state or federal instrumentalities of government through issuance of a Certificate of Public Convenience and Necessity (a "Certificate"), whether pursuant to Section 8-406 of the Illinois Public Utilities Act (220 ILCS 5/8-406) or otherwise ("Certificated Improvements") and that the Village's regulatory jurisdiction over Certificated Improvements may be affected by the issuance to the ComEd Companies of a Certificate for any such initial or subsequent improvements. The Village and the ComEd Companies agree to work together to address during the Term of this Agreement any potentially conflicting jurisdictional matters applicable to the Substation. Accordingly, prior to commencing construction of any aspect of the Initial Redevelopment or Subsequent Alterations either of which involve Certificated Improvements or any other improvement or activity for which the ComEd Companies or the Village identify jurisdictional concerns ("Jurisdictional Activity"), the ComEd Companies and the Village shall participate in a conference to discuss the specific Jurisdictional Activities planned and to work in good faith to resolve to the greatest extent feasible, among other matters, (x) any jurisdictional aspects of such Jurisdictional Activity which could result in the undertaking by the ComEd Companies of such Jurisdictional Activity without full compliance with the Municipal Code; and (y) to the extent any Jurisdictional Activity is proposed to be undertaken by the ComEd Companies without full compliance with the Municipal Code, specific aesthetic or other mitigation measures which the Village might reasonably request in light of then -current municipal concerns and objectives and which may be reasonably accommodated and completed by the ComEd Companies without material hindrance to the planned Jurisdictional Activity. ARTICLE VII EXCAVATION, GRADING, PREPARATION OF THE PROPERTY FOR DEVELOPMENT AND PERMITTING Owner shall have the right, prior to obtaining approval of final engineering drawings, to undertake excavation, preliminary grading work, filling and soil stockpiling on the Subject Premises, in preparation for the development of the Subject Premises, on submittal of a grading plan to the Village and the Metropolitan Water Reclamation District of Greater Chicago (MWRD) and receipt of an Earthwork/Foundation Limited permit from the Village and the MWRD. Such work shall be undertaken at Owner's sole risk and without injury to the property of surrounding property owners. Owner shall also have the right to undertake demolition activities related to the existing improvements pursuant to a duly issued demolition permit from the Village. 8 Nothing in this Agreement shall require Owner to cause the oversizing of any facilities or improvements greater than would be required under the Municipal Code for purposes of serving property other than the Subject Premises. ARTICLE VIII ANNEXATION AND PERMIT FEES a. At the time of annexation of the Property to the Village, Owner shall pay to the Village an annexation fee of Five Hundred and No/100 Dollars ($500.00) per acre of the Property, resulting in a total annexation fee of Two Thousand Three -Hundred Dollars ($2,300) for the annexation of the Property, plus all other accompanying fees required by existing laws, ordinances, rules and regulations, such as filing fees, court reporter costs, recording fees or other related fees and expenses called for under the Municipal Code (the Village hereby acknowledging as of the date hereof Owner's previously paid application fees and/or deposits totaling Two Thousand Five Hundred and No/100 Dollars ($2,500)). b. Owner agrees to make an additional voluntary annexation payment to the Village in the amount of $35,000 at the time of application for the initial building permit for the Substation (but excluding applications for demolition or earthwork/limited foundation permits), but not later than November 1, 2020. C. Except as provided in this Agreement, there shall be no other annexation fees imposed by the Village on the development of the Subject Premises, and no impact fees, donations of land or contributions of any kind shall be due and payable by Owner in connection with the development of the Subject Premises, except, when applicable, for building permit fees, engineering review and inspection fees, and water and sewer tap -on charges, and other applicable fees and charges as provided for by the terms of the Municipal Code, and the same shall be the same rates as shall be uniformly applied through the Village and generally for all other property and owners within the Village. d. The Village represents and warrants that no recapture fees are due and payable to any person or entity as a result of the annexation of the Subject Premises to the Village or as a result of connection to any utility improvements serving the Subject Premises. ARTICLE IX EFFECT OF THIS AGREEMENT If any applicable existing resolution, ordinances or interpretations thereof of the Village be in any way inconsistent or in conflict with any provisions hereof, then the provisions of this Agreement shall constitute lawful and binding amendments to, and shall supersede the terms of said inconsistent ordinances, resolutions or interpretations thereof, as they may relate to the Subject Premises. If any Village code, ordinance or regulation is hereafter adopted, amended or interpreted so as to be less restrictive upon Owner, its successors or assigns with respect to the development of the Subject Premises than is the case under the existing law then, at Owner's option, such less restrictive amendment or interpretation shall control. ARTICLE X ELECTRICAL ENERGY AND GAS ENERGY Electrical and gas energy and other utilities for the Subject Premises shall be installed at Owner's cost. The Village agrees to reasonably cooperate in the installation of such utilities by timely granting permits, reviewing construction plan and plats, and if requested, will permit such installations by easement or otherwise in the Village rights -of -way or by access to Village -owned utility lines. ARTICLE XI ENFORCEABILITY This Agreement shall be enforceable in any court of competent jurisdiction by either of the parties hereto by any appropriate action at law or in equity. ARTICLE XII SEVERABILITY If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. ARTICLE XIII BINDING EFFECT AND TERM This Agreement shall be valid and binding upon the Village and the Owner, and their respective successors and assigns, for a period of twenty (20) years from and after the date of its execution; provided, however, that if such twenty (20) year term as applied to this Agreement shall be held invalid by a court of competent jurisdiction, the term shall be the maximum term permitted by applicable law as of the date of this Agreement or such longer term as may be subsequently allowed. This Agreement shall survive the annexation of the Subject Premises and shall not be merged into or expunged in whole or in part by the annexation of the Subject Premises. 10 ARTICLE XIV MUTUAL ASSISTANCE The parties hereto shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and objectives of this Agreement and the intentions of the parties as reflected by said terms, including, without limitation, the giving of such notices, the holding of such public hearings, the enactment by the Village of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and objectives of this Agreement and the intentions of the parties as reflected by said terms. ARTICLE XV DISCONNECTION The Village and Owner hereby agree that the Owner (without any obligation to do so) and its successors and assigns may elect to disconnect from the Village all or any portion of the Subject Premises, at any time during the term of this Agreement upon the occurrence of any of the following conditions: a. The Village breaches, in any material respect, or fails to perform any material obligation in a timely manner, any of the Village's representations, warranties, undertakings, indemnities, covenants or agreements contained in this Agreement; and b. Any of the conditions of Annexation set forth in Articles I, II or III fail or cease to be satisfied. If the Village has satisfied its obligations under this Agreement and is not in breach of any of its terms and conditions and none of the circumstances set forth in subsections (a) and (b) of this Section exist, then the Owner will not petition for disconnection of the Subject Premises. ARTICLE XVI MISCELLANEOUS This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns or grantees and upon any successor municipal authorities of the Village and upon any successor municipalities. This Agreement is executed by and among the parties, and confers rights and obligations only upon the parties. This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. m No other person or entity may rely upon this Agreement or claim any right hereunder. This Agreement may be amended in writing from time to time with the consent of the parties pursuant to statute. ARTICLE XVII NOTICES All notices required by this Agreement shall be in writing. All notices required or permitted to be given hereunder may be delivered by hand, by nationally recognized overnight private courier, or by United States mail. Notices delivered by mail shall be deemed given three (3) business days after being deposited in the United States mail, postage prepaid, registered or certified mail. Notices delivered by hand shall be deemed given on the date delivered. Notices delivered by nationally recognized overnight private carrier shall be deemed given on the first (I") business day after being deposited. All notices shall be addressed as follows: Notice to Village shall be addressed as follows: Village of Elk Grove Village Attention: Village Manager 901 Wellington Avenue Elk Grove Village, Illinois 60007 with a copy to: Village of Elk Grove Village Attention: Village Clerk 901 Wellington Avenue Elk Grove Village, Illinois 60007 Notices to ComEd shall be addressed as follows: Commonwealth Edison Attention: Director, Real Estate Three Lincoln Centre — 4th Floor Oakbrook Terrace, Illinois 60181 With a copy to: Exelon Business Services Company, LLC Attention: Asst. General Counsel — Real Estate 10 South Dearborn St., 49th Floor Chicago, IL 60603 (continued on next page) 12 VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation Signed: Ta5 0 A By: Craig B. Johnson Title: Mayor Attest: By: Loretta M. Murphy Title: Village Clerk COMMONWEALTH EDISON COMPANY, an Illinois Corporation Signed: By: Title: Attest: By: Title: 13 EXHIBIT A Legal Description: 14 EXHIBIT A PERMANENT INDEX NUMBER: 08-22-401-052-0000 THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 1 l EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF OLD HIGGINS ROAD, (AS ORIGINALLY LOCATED), WITH THE WEST LINE OF SAID EAST HALF, THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 213.8 FEET TO THE EAST LINE OF THE LAND CONVEYED TO THE COMMONWEALTH EDISON COMPANY FOR THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EAST LINE 834.29 FEET TO A LINE 16.5 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH 20 ACRES OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE EASTERLY ALONG SAID PARALLEL LINE 40.27 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTH WEST TOLL HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE 338.28 FEET TO A LINE 277.77 FEET EASTERLY OF (MEASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH THE EAST LINE OF LANDS CONVEYED TO THE COMMONWEALTH EDISON COMPANY; THENCE SOUTHERLY ALONG SAID PARALLEL LINE 646.90 FEET TO CENTER LINE OF OLD HIGGINS ROAD AS ORIGINALLY LOCATED; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 282.79 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF MIDWAY COURT) IN COOK COUNTY, ILLINOIS. SITUATED IN THE COUNTY OF COOK AND STATE OF ILLINOIS. EXHIBIT B Plat of Annexation prepared by HR Green dated 10/8/18 EXHIBIT C Plat of Survey prepared by HR Green dated 9/13/17 EXHIBIT D Plat of Subdivision prepared by HR Green dated 10/8/18 EXHIBIT E Approved Site Plan prepared by Christopher Burke Engineering dated 5/1/18 EXHIBIT F Approved Landscape Plan prepared by Christopher Burke Engineering dated 1/8/19 EXHIBIT G Approved Enclosure Section prepared by Burns McDonnell EXHIBIT H Approved Precast Wall Typical Sections and Details prepared by Burns McDonnell 15 ` 1H'OU COMMONWEALTH EDISON RIGHT-OF-WAY R\qa � �g � Q ,eN�Nn o age qR A,igl \\\ I €� �g! �� � rAaDvr•u•r exx•(exai) �a \\ i F � A P F „ N, s o GJ+ C aL 4f' a i �� a Aydy5�0"oy "Pole 0 A', ybo 7 ANX, O � w......e R. e110 DILLW PLS. CM i^.r+wa R.^. ILLwdS PROECsstlNAL M.. EIRH.............._..................................................,C'®!!......._....................._._........................................................................_............................................._...............................__...... Co"ED a suRm Ao+IwistRAion �IeA-oolJu xtn.m, 1 LINCOLN NIR CEC Q. 1--MT. o aviey�A iRu'io,wMii w f,xt, Pi1rw W wRR anl��e .... ...... .. .. .. ._ ...... _... ...... ... M .... .. .... ..... ......... ...... ........ .,, .................... OAKBROOK iCRRACE. L 6oIBl I]-sE-OOK) ® MCHENRV. L 6 50-a136 11 �n,r ma—t a a - I500 M/OWAY COURT PRONE: (eJo)s)6-ON CELL: (3fa)1J0-sell I . EEN,. I el s.]BS.f)et ....,Na%,i ......... ............... •....• ,, r..N• o....... R.duoNecouEo cou H ..'.. ... 1 .... ar,n .... ......... :.... � �. �.:.. :. : :. ..::. ..:.... �........ 1 ). ....HRDREEN..Rm � .... ...... .... •" -..., ... - 1:. ��.I � ... .:.... ... :�i TOPOGRAPHIC AND BOUNDARY SURVEY i "" ;xx,. r, «.;: �ni u,� : �r,.n«f Wren,• rx, ma„raL. m'rsm��tlw EXHIBIT T sr x. a mrr saw � r �aaxr nr tterertrriwt.r �• yr o mm r n o mm v v. o arrxr• „-.r_n I -- -- ra nrw rm.. u.. r. x, m, 7� 1 I n r ro g I `uz-- o irM w m, • i y Vr Mxw eel COMMONWEALTH EDISON R/OHT-OF•WAY / .... ,,Mr a.Eaa«� xu xr tt«w• �� 1 \� b .. .... / •��M,� 1 EA, rwarrr —F rrwrw tos w .. �.e r.•...nm zn\ r:. = ,..._+ ._ « w—fit—" .�.r—...__..—..—.._.`._�..— ..—.r--,.e..—.....e- :.._ »�N r �frxfr�r�.or� - �Bj — — — — JrI 7'i Irl I�I7 1�I I��^I�TTr I LI7� "n fop Ifs-r--l��r'�-���—• -� - —< -- //f� \ 1. . i•x. n t a � —� "-- ..= �--'- -<-- �..� � / )�� % , tP�{ r , .,. ,roe, , i i ! / l�'� ---•_.'fir-�--.��I LI I LIJ -d Ld LU II 1iL1..L1J 11_ _I 11..LI iI L _ LJ_1I 7. 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ELK GROVE VILLFE li 1 /NOIS g4egn T R �g° Eli: qs R g y A �M�GRa' $ I=@ g$ y SS1��g � ��a���� 3 p !3 ���Il4g4RlB!� � i a � a ! �!!i� � ,Zl� grpag n° a j! �@@ E is � {�#1� � q R: ax Rg � � �tell, � ZNl kl'A � I I I g I' C qg "gaR�a111a1A � RA i ° �� q ggaiw"°� 1 Imp a� �g e It'll gaa AAq%E a aR i{ till, gas ; R �N4'a R Aij R � "�7 2�� R gR ° till. illi a a rwoRa:+noawu :J1 Rea Bm It L7G g.g RR agggg � 3 FIB " COMMONWEALTH EDISONR/GHT-OFWAY / o UNSUBDIVIDEDLANDS P dR2@{ pB R�2� °�+l �� g�4att� vqa aSg :gEg �i ^�� /gy etl�� •�1 ro ;y pA g qa Q icni RR� �� �,� ] � \ xe -. � hLOYI"NMpaN.M'(0./ASI) �� �• ES E a R v�qqy iaR�E£F�gRg jt Ag �l I / [gad}p � e�i� t 3 y & � FRj;�� 11� / g�>�q� � �Kfi CIO_ E `�•' ki9 b�8� a9A f�d�R$i R�aOq a� ° E I �� A+riS • MIX ggg�4G g ag8agg d }$ II s�Rdw 46 ° !gq �Rx j aE'E�v m`� L� °�* •n i ;� / +oaf a er�� l �o^� R4 w R �> � T � t ° / i''� S4 i P� �ad\DP �R H C A y0,I, m o " ad iC�8 aC:p ° 1 1 agl $ ° P EE EE 'g �qa egg & ARgq��8�8� �i g9 RR Ilk £a g9�1 g ia Aa +rr _ — — _ _ _ _ — — _ 1 — — — — — — — — — — — — — — — — — — — / v Nll' 4g �� gg[8� / ' 1 UNSUBDIVIDED LANDS it, ITi x �� E F N co«Eo-0 DILL... °Ls...« x mortswuu OEswn nR« uNON.R AOMINnrRAroR EL as F+e.-oouu b '-�'•^ FINAL AT OF 1500 MIDWAY SUBDIVISION CownEd COLN CENTRE .]0 N. FRONT STREET, MRBROOR iERRAtE. IL 80t81I1]-8E-0011 MCNENRY, Il 800]0-1136 uRr M L.... o....., R«ONE: (s]o)q"r-Fos am. I1+s)nt-sets ® -+sa e[[ri gem T. e+s.3as.nRi ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS .OILLCNYCOMEO.CO« '^•^ mc ,,ul PROPOSED STEEL RAMS RISER STRU TURE EXHIBIT E PROPOSED STEEL N- AME -E. !I—ILRNE 30- W-413 BUFFER EDED O.P INI—S.. FOR WE.FENCE ONLY. THEY EEA.EHIS RE HOT.PART OF THE SITE PLAN FOR WHICH YARR­ LAND USC AFFIROYALS ARC OEM SOUGHT. 1. WETLAND .11E. WETLAND EXTSTW ATlfEE TOWER HIM— 125- PROPO ED STEEL 50- WETLAYS BILI IER----,,� ROX. T-1.11 PROPOSED STEEL ..—OLE IWA.-SID ROLE L WETI SEC /:E'. A7 E HE I." PROPOSED STEEL PROPOSED STEEL -- FDA — POLE WIN HE A. WITH ARIS —.T. 12.' ROPOSED STE RW-- WON ONE A HEIC-1- ExIs I. : 0 LATTICE I"" If SPRIHI.OS.El"IllEl A �SECUR WA%" PAR &,R SA TAFT SEWER CONNECTION TO WRIDING TO BE OETERUICD I T Ir I i STAIRS NEIDIT: 68-F m. —SED STEE CON—.0 DO_ tPANS-SWNCLE -- -- ----- HEIC—EB AF.S PROPOSED STEEL N-rWAlE HE' PTO COMPARTMENT 11. COmPAR uj .............. —Fi A-Io+ +- UNDERGROUND DETENTION OPTION :,'--,A HIDWAY COVRT P�CE 12 I'LL SECURITY FENCE 25 TALL ECLRY, _pS�UR!W, t.ABEO WIRE wALI LAND TO WE DEDICATED GRAMEDJ AND CO ED FOR A PUBLIC STREET TREET TO THE PEOPLE OF THE MA IE TRAOF I--S.RIANO. DEPARI—I . AI STEEL "EOF LER SIRLCTUPE NDA PECHRODSED STEEL RISEN STRUCTURE PO .... LE E GH I'D C IN D 71.11STIND 1111E TOPI L PROPOSE STEEL IIISER 1RUCII.RE I. ....F E PROPOSED STEEL "ANTS MER). mt 'D IS 1.11EL 1ICI 7R.o0s SO ME FEW PROPOSED STEEL —lo. BUFFER TRANS F.lE qIH ONE AW. TOWER D-113- PRORDS0. SIE' IRA LI IT A 7 7 A PROSTEEL ow POSED I RANSISSION POLE IN A 41, W It j. PROPOSED STEEL SIR. WEXOIRE AIDARERDL E 1NT-126- A PROPOSED CAPACITOR (,P) ABOVE GROUND DETENTION OPTION WITH RETAINING WALL (MAX. HEIGHT 10) A/ I PWcPtS D STEEL NOTES: COLFIBLIE Ell- IWAR NISSIDN ROLE 1. SU85TATIQN YARD TO BE GRAVELED. I. A— 2. COMPARTMENT HEIGHTS REFLECT TALLEST PROTRUSION .100-11 FROM THE TOP OF THE PRINCIPAL BUILDING; INCLUDING PROPOSED STEEL MECHANICAL EQUIPMENT AND LIGHTNING PROTECTION I IRANSI.R.E. (TIM 1 4 CHRISTO PHIER B. BURKE —I.EBRINo. ID, IS'S W. HW. R.. I NL P I ELK GROVE SITE PLAN PLANT LIST RPlanl I Neme AVIV Common N me 401 P 111 1 QIy. BI C .d Deciduous SP ma-1—ITBda'SMSBK SO—OouUle Plsy ✓ 23 24'sp BSS MIDWAY Cl \ Perennlalssnd Onsre - \ \ An Ba Andrgro(pn Remrdii Eo BS ECN—Bp Sky Summer Sky' He HR HamBOoslie Wlppy RMume' He LW Hamm .: LKIB Wit CUP' Sp ha SPomaplos hatamlapit SIR Blueatem Su— Sky CorRl—, HSPPY Rot— Dsyllly URIe Wlna Cup Dayllly Pratte Dmpeoad ✓ ✓ ✓ + ✓ '/ ✓ ✓ 47 at 34 Ft 10 e1 11 si 6 At Conl. Cont. CON CON. Conl. S4IDE GATE HBHR 7HeLW LAWN k` r, 5 Sp me GENERAL CONSTRUCTION NOTES' t. ALL ALTERATIONS MUST BE APPROVE() BY THE LANDSCAPE ARCHITECT. CONTRACTORS MUST VERIFY ALL QUANTITIES AND OBTAIN ALL PROPER PERMITS AND LICENSES FROM THE PROPER AUTHORITIES. 0. ALL LANDSCAPE IMPROVEMENTS SHALL MEET MUNICIPALITY REQUIREMENTS AND GVIDELINES, WHICH SHALL BE VERIFIED BY MUNICIPAL AUTHORITIES. 4. ALL MATERIAL MUST MEET INDUSTRY STANDARDS AND THE LANDSCAPE ARCHITECT HAS THE RIGHT TO REFUSE ANY POOR MATERIAL OR WORKMANSHIP, 5. LANDSCAPE ARCHITECT IS NOT RESPONSIBLE FOR UNSEEN SITE CONDITIONS. S. PROVIDE 1-`"Vl DRAINAGE AT ALI TIMES. GO NOT OBSTRUCT NATURAL OR DESIGNED DRAINAGE FLOW PATTERN, 7. ANY IMPORTED TOPSOIL FOR THIS PROJECT SHALL CONSIST OF A FRIABLE LOAM OR A SANDY LOAM, COMPRISED OF BETWEEN 20. 50%SILT, 10 - 25% CLAY AND W -60% SANG. THE Ph LEVEL SHALL Be BETWEEN 6.0 AND 7.2 AND THE ORGANIC CONTENT SHALL BE BE BETWEEN ] - 5%. THE TOPSOIL SHALL BE SCREENED AND NOT CONTAIN STONES, LARGE CLUMPS GREATER THAN V, ROOTS. OR ANY INORGANIC DEBRIS. S. ALL PLANTINGS SHALL BE SPACED EQUAL DISTANT, BACKFILLED WITH AMENDED SOIL IN A HOLE TWICE THE ROOTBALL DIAMETER, WATERED. FERTILIZED. PRUNED AND HAVE ALL TAGS AND ROPES REMOVED. 9. ALL MASS PLANTED SHRUB BEDS TO BE BERMED 2- TO ]' ABOVE GRADE AND MEET DRAINAGE REQUIREMENTS. to. LAWN AND BED AREAS SHALL BE ROTOTSLED AND CLUMPS OF SOIL. AGGREGATES AND DEBRIS RAKED OUT AND REMOVED FROM THE SITE. 11. ALL DISTURBED AREAS SHALL HAVE A MIN. OF 6' OF TOPSOIL PLACED AND THEN SODDED 12. ALL BEDS SHALL BE EDGED, HAVE WEED PRE-EMERGENTS APPLIED AT THE RECOMMENDED RATE. AND SHREDDED HARDWOOD MULCH SPREAD AT A MINIMUM OF ]' DEPTH. 13. ALL DEBRIS SHALL BE REMOVED FROM THE SITE AND DISPOSED OF PROPERLY, Nellve S Pollinator LIMIT PRUNING TO DEAD AND EXHIBIT F BROKEN BRANCHES AND SHOOTS. BET ROOTBALL AT SAME ORA0E OR SLIGHTLY ]' DEEP MULCH ABOVE FINSHED GRADE PREPARE A ]" MIN. SAUCER AROUND PR. DISCARD EXCESS EXCAVATED MATERIAL. SACKFILL PIT WITH PUNTING PR BACKFILL SOIL UNDISTURBED SUBGRADE SET ROOTBALL ON DISTURBED :ET CUT ANY SYNTHETIC CORDS — AROUND ROOTBALL AND TRUNK SHRUB PLANTING DETAIL HO 6CALE BET PUNTS AT SAME LEVEL AS GROWN IN CONTAINER. 2- DEEP MULCH. WORK MULCH UNDER BRANCHES. PREPARE ENTIRE PLANT BED TO A 9' DEPTH WITH AMENDED TOPSOIL RAISE PLANT BED 2- ABOVE FINISH GRADE — — — — UNDISTRUBED SUBGRADE PERENNIAL PLANTING DETAIL ..—LE P.R.., '. Drapseed N.O. S POBnelol ELK GROVE SUBSTATION LANDSCAPE PLAN Paa. No. e.ovx000se DAtE. � BHE[i Off DRAMNG NO. L-1 -■ o■ L7■ no b I EXHIBIT G 136b.V Cl'-F,I�;,'i RELAY A- iR�_ 4 i 'v ',WiTC-H1,; AR _ 4h: -,W — j P o roessor:nory � � _ i co 7 F.-- i I _ a E© ■0 ■0 ■[7 OUT SK184.1-1 b 51 4 EXHIBIT H El c EDR wDfs E L PKCAS7 I'LL W-6" 'ILL PAECIS- PA.1L ISIELL EXTERIOR SIDE D FIRECAST D DETAIL 1 -A-14 —u— CO— G— S1111 �L—Dl SECTION A SECTION, B-B (2- 1 r­E ---cow O.C,R ,,, I A','EC.ISI c —All wAfl y. R c rAA Ate' —CAL SECTION C C " HOLD" RR B I 11 u 11 u H u H--fl u 110 u 111] ......... ......... B T-A-1 A-A11 vuNLR IA1IN A, DOUBLE GATE DETAILR, PRECAST PANEL SUPPORT DETAIL /r., -., IA --- ---- TYPICAL SECTIONS AN[ ELK GROVE SUE t!MUIR 00SM NELL SK184.1-1 7 6 5 4 3 2 1