HomeMy WebLinkAboutRESOLUTION - 13-74 - 2/12/1974 - AGRMT/CENTEX HOMES CORPRESOLUTI011 1;0, 13-74
A RESOLUTION AUTHORIZING AN AGREEMENT tii1IN LEi rEY, HOMES CORPORATION RELATING
TO A COMMONWEALTH EDISON COMPANY EASEMENT GRANT AT OAKTON ROAD AND SEEGERS
AVENUE
NOW, TfE;REFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1. That the Village President be and is hereby authorized to
sign the attached document. Agreement with Centex Homes Corporation
relating to above easement grant and placing the responsibility on Centex Homes
to fulfill all reV Id%,6W,bf 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 Village President.
Section 2. That this resolution shall be in full force and effect
from and after its passage and approval according to .lata.
PASSED this 12th day of February 197 4
APPROVED this 12th day of February , 197 4•
Attest:
VillaGe Clerk'
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THIS 'INDENTURE, Made this / day of / J�� i ` 1974, by and
between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, 72 West Adams
Street, Chicago, Illinois 60690, hereinafter referred to as Grantor, and the
VILLAGE OF ELK GROVE, a municipal corporation of Illinois, hereinafter referred
to as Grantee;
W I T N E S S E T H:
That Grantor, for and in consideration of the payment of One Dollar
($1.00) by the Grantee, receipt of which is hereby acknowledged, and in con-
sideration of the covenants, agreements and conditions hereinafter contained
' m on the part of the Grantee to be made, performed, kept and observed, by these
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presents does give and grant unto Grantee, but without warranty, subject to
d(D rights previously granted by Grantor to its Grantees, Badger Pipeline Company
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W d and Northern Illinois Gas Company, for its facilities within this location,
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� y and the right and privilege to install, use, operate, maintain, replace and
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p 'C4 remove one 12 -inch water main, hereinafter referred to as Facility, in, under
W and across Parcel 74 of Grantor's Lombard-DesPlaines Right -of -Way, in the
Pi Southeast Quarter of Section 22, Township 41 North, Range 11 East of the Third
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�i c4, Principal Meridian, Cook County, Illinois, said Facility shall be installed
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along the centerline as indicated on Elk Grove Engineering Plan 4400-6, revised
1'. 10-24-73, marked Exhibit "A", attached hereto and made a part hereof.
This grant is made by Grantor and accepted by the Grantee under the
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o k FIRST: Grantee shall notify Grantor in writing at least fgrty-eight
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E' v (48) hours in advance, except in case of emergency and in case of routine
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inspection and operation, before entering upon said property of Grantor to
make the herein proposed installation, or any repair, replacement or removal
thereof, in order that Grantor can have a representative or representatives
present at such time or times if it so desires; said prior notice shall be
directed to Grantor's Division Operating Manager in Northbrook, Illinois,
or such other person designated by Grantor, and Grantee agrees that any work
in said property shall be done to the satisfaction of said representative
or representatives of Grantor, and Grantee further agrees, upon request, to
reimburse Grantor for the service,of such representative or representatives.
SECOND: Grantee agrees that said Facility will be installed in Grantor's
property in strict conformity with said Exhibit "A" attached hereto. Any
proposed changes in said plans, before or after installation, shall be submitted
to Grantor for its written approval and no work shall be commenced until such
written approval has been obtained.
THIRD: Grantor has no objections to the temporary use of its right-
of-way for the purpose of an auger pit; however, Grantee agrees that said auger
site will be completely restored to the satisfaction of the Grantor, including
reseeding.
FOURTH: Grantee agrees to reimburse Grantor and its grantees, lessees
or licensees for any expense incurred in protecting or rearranging their facilities
due to the installation, operation, maintenance or removal of said Facility.
FIFTH: Grantee shall indemnify and save harmless the Grantor, its
officers and employes, from all claims, litigation and liability asserted
against them or any of them, and any costs and attorneys' fees incidental
thereto, on account of injury to or death of any person or persons whomsoever
or on account of damage to any property, caused by, connected with, or in
any way attributable to, the rights herein granted or Grantee's failure to
comply with any of the terms or conditions hereof. Grantee shall undertake
the defense of Grantor, its officers and employes in any such litigation,
if Grantor requests Grantee to do so.
SIXTH: Grantor shall not be liable to Grantee for damage to the
Facility due to the installation, operation or maintenance of any present
or future facilities of Grantor in Grantor's property.
SEVENTH: Grant agrees that any equipment use n the installation
of the Facility shall not exceed fifteen (15) feet in height; that no blasting
will be done, and that suitable markers will be installed and maintained to
indicate the presence of and location of said Facility in Grantor's property.
Upon completion of construction, Grantee agrees to furnish Grantor with a
copy of plan indicating the installed location of said Facility and said markers.
EIGHTH: Grantee agrees to obtain at its sole cost and expense such
permits, licenses or other authority which may be required from the County
of Cook, State of Illinois, and any other authorities having jurisdiction,
before using said premises for the purpose herein proposed and agrees to comply
with and strictly observe any and all laws, rules, statutes and regulations
of any such authorities.
NINTH: Grantee agrees to require its contractor, before commencing
the work of installing, repairing, replacing or removing the Facility to purchase
and maintain, or at the option of Grantee to itself purchase and maintain,
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at the cost of Grantee or its contractor, a policy or policies of insurance
issued by good and responsible insurance companies and in a form satisfactory
to Grantor as follows:
1.) Workmen's Compensation Insurance Policy; Contractor's
Public Liability Insurance Policy or Policies in
limits of not less than $300,000 for all damages
arising out of bodily injuries to or death of one
person and a total limit of $500,000 for all damages
arising out of bodily injuries to or death of two or
more persons in any accident or series of accidents,
arising out of one event or disaster; Contractor's
Property Damage Liability Insurance Policy or Policies
it limits of not less than $50,000 for all damages
arising out of or injury to or destruction of property
in any one accident and a total or aggregate limit of
$50,000 for all damages arising out of injury to or
destruction of property during the policy period,
which policy or policies shall not exclude property
of Grantor.
2.) Public Liability and Property Damage Liability In-
surance Policy or Policies, in the same limits as
prescribed in (1) of this paragraph above as to all
work performed by the Contractor through a subcon-
tractor or subcontractors;
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3.) Owners' Landlord and Tenants' Liability Insura
Policy,', in the name of Grantor, Commonwealth Edison
Company, as the insured, in limits of not less than
$500,000 for all damages arising out of bodily injuries
to or death of one person and, a total limit of $1,000,000
for all damages arising out of bodily injuries to, or
death of two or more persons in any accident or series
.of accidents arising out of one event or disaster; the
Property Damage coverage to be in limits of not less
than $100,000 for all damages, arising out of injury
to or destruction of property in any one accident,
a total or aggregate limit of $100,000 for all dam-
ages arising out of injury to or destruction of
property during the policy period.
There shall be furnished to Grantor, prior to commencing the work of installing,
repairing, replacing or removing, the Facility, a certified copy of each policy
of insurance issued pursuant to the requirements contained in subparagraphs
(1) and (2) of this paragraph NINTH and the original of each policy of insurance
issued pursuant to the requirements contained in subparagraph (3) of this
paragraph NINTH. Insurance coverage as required herein shall be kept in force
until all work has been completed. Declarations in each of said policies
shall identify the work as being done by and for others on property owned
by Grantor and there shall be no exclusions in any of said policies not approved
by Grantor.
TENTH: The rights herein are given subject to any use now made of
the property hereinbefore described by Grantor, its grantees, licensees and
lessees, and should Grantor desire to make any use of its property with which
the Facility will in any manner interfere, Grantee shall, at its cost and
expense, within sixty (60) days after receiving such notice from Grantor,
make such changes in said Facility as in the judgment of Grantor may bp required
to avoid interference with the use or proposed use of its property. If such
changes are not feasible, then Grantee agrees, within such sixty (60) days,
to relocate, said Facility to another location designated by Grantor in its
property.
ELEVENTH: Any electrolysis mitigating methods or equipment used
in connection with Grantee's Facility shall be coordinated with methods or
requirements of Grantor and Grantee agrees to provide and install, at its
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sole cost and expense, s-. h equipment as may be necessary to mitigate any
electrolysis caused by the presence of said Facility in Grantor's property.
TWELFTH: Grantee agrees to pay Grantor, its grantees, licensees,
lessees, successors or assigns, for any and all damage and expense which they
or any of them, may sustain or be put to because of damage to any property
of Grantor, its grantees, licensees, lessees, successors or assigns, including
but not by way of limitation, damage to crops, fences, pasture lands or livestock,
on account of the installation, operation, maintenance, repair, replacement
or removal of the Facility and Grantee agrees, upon completion of said work
to replace all back filling material and surfacing material in a neat and
workmanlike manner and to leave Grantor's property in a neat, clean and orderly
condition, including the restoration of top soil to its original depth where
tillable soil existed prior to installation of said Facility and restoration
of the ground to its original elevation. Grantee agrees that there shall
be no impairment of natural drainage or of installed drainage facilities occasioned
by the construction, installation, repair, replacement, maintenance, operation
or removal of the Facility.
THIRTEENTH: Grantee covenants and agrees that it will not permit
or suffer any lien to be put upon or arise or accrue against said premises
in favor of any person or persons, individual or corporate, furnishing either
labor or material in any work herein proposed; Grantee further covenants and
agrees to hold Grantor and said Premises free from any and all liens, or rights
or claims of lien which may or might ari-e or accrue under or be based upon
any mechanic's lien law, so called, of the State of Illinois, now in force
or hereafter to be enacted. All contracts and agreements that may be made
by Grantee relating to any work herein proposed, shall expressly state that
the interest and reversion of Grantor in and to said premises shall be wholly
free from and not subject to any lien or claim of any contractor, subcontractor,
mechanic, material man or laborer, whether based upon any law or regulation
of the State of Illinois, or any other authority, now in force or hereafter
to be enacted, and Gran; - also hereby covenants and agr�_s that it will not
enter into any contract for such work which shall not in express terms contain
the aforesaid provisions.
FOURTEENTH: Upon completion of the construction, installation, laying
or placing of said Facility, Grantee shall thereafter and at its own expense
maintain, repair and renew said Facility and, in the event of its failure
to do so, Grantor shall have the right, after ten (10) days' written notice
to Grantee, to either itself maintain, repair and renew said Facility at the
sole cost and expense of Grantee, or to terminate this agreement.
FIFTEENTH: Grantee shall have the right to enter upon, occupy and
utilize temporarily, from time to time, so far as may be reasonably necessary,
a strip of land lying fifteen (15) feet on both sides of the centerline of
said Facility for the installation, maintenance or removal thereof provided,
however, that such rights over Grantor's property shall be exercised in such
a manner as not to interfere with Grantor's use of its property.
SIXTEENTH: Grantee agrees that it will pay or reimburse Grantor
upon demand for all taxes and special assessments levied upon or against the
property of Grantor, on account of the installation, operation or maintenance
of said Facility.
SEVENTEENTH: In the event Grantee fails, at any time or times, to
observe or perform any of its covenants or agreements or the terms hereof,
Grantor may give written notice of termination to Grantee, and Grantee's rights
and authority hereunder shall thereupon cease (except for the right to correct
such failure) so long as such failure continues, provided that if such failure
shall continue for a period of sixty (60) days after given such notice Grantee's
rights and authority hereunder shall terminate forever. Also, if at any time
after the installation of the Facility, Grantee shall fail to use the same
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for a period of twelve ) consecutive months, Grantee' ights and authority
hereunder, without the neccessity of any notice to Grantee, shall terminate
forever. Upon termination of this Agreement or Grantee's rights and authority
hereunder, for any reason whatsoever, Grantee shall, at its expense, remove
the Facility and restore the property to the satisfaction of Grantor and reimburse
Grantor for all expense incurred in connection with such removal. If Grantee
shall fail to remove the Facility in the manner aforesaid within ninety (90)
days after termination, the Facility shall become the sole property of Grantor,
without liability or obligation to account to the Grantee therefor, and Grantee
shall reimburse Grantor for all expense, incurred by Grantor at any time thereafter,
in connection with removal and disposal of all or any portion of the Facility
and restoration of Grantor's property. Termination of Grantee's rights and
authority hereunder, shall not affect any right of Grantor to indemnification
or reimbursement hereunder, arising from any acts, omissions or events occuring
prior to or after such td-rmination. Failure of Grantor, at any time, to insist
upon performance or observance of any term, covenant, agreement or condition
contained herein shall not be construed as a release of any right of Grantor
hereunder or as a waiver of any right to enforce any term, covenant, agreement
or condition herein contained.
EIGHTEENTH: This agreement shall be executed for and on behalf of
the Grantee pursuant to a Resolution passed by the President and Board of
Trustees of Grantee and a certified copy of said Resolution shall be attached
hereto and made a part hereof as evidence of the authority herein exer^-'sed
by the undersigned Officers of the Grantee.
NINETEENTH: The terms "Grantor" and "Grantee" wherever used in this
instrument are intended in each instance to include the respective successors
and assigns of Grantor or Grantee, whichever the case may be, and all of
the terms and provisions of this instrument shall inure to the benefit
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of and be binding upon the respective successors and assigns of Grantor
and Grantee.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed by their proper officers thereunto duly authorized as of the
day and year first hereinabove written.
ATTES
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Assistant Secretary
ATTEST:
Cleryj
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COMMONWEALTH EDISON COMPANY
By
Vice President