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Home My WebLink AboutRESOLUTION - 28-16 - 9/27/2016 - DCT 2200 Arthur LLC RESOLUTION NO. 28-16 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A DITCH MAINTENANCE AND ACCESS AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND DCT 2200 ARTHUR LLC 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: DITCH MAINTENANCE AND ACCESS 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 27t' day of September 2016. APPROVED this 271h day of September 2016. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan,Village Clerk DITCH MAINTENANCE AND ACCESS AGREEMENT This Ditch Maintenance and Access Agreement (this "Agreement") is entered into as of the 27th day of September, 2016, by and between the Village of Elk Grove Village (the "Village") and DCT 2200 Arthur LLC, a Delaware limited liability company ("Owner"), with respect to the following: A. Owner is the owner of that certain real property located at 2200 Arthur Ave. in Elk Grove Village, IL (the "Property"), as more fully described in Exhibit A hereto. B. A secondary storm water drainage ditch ("Drainage Ditch") is located on the Property as shown in Exhibit B hereto. C. The Village has requested that Owner maintain the Drainage Ditch as specified by the Village. Owner has agreed to maintain the Drainage Ditch on the terms and conditions set forth below. NOW, THEREFORE, the Village and Owner hereby agree as follows: 1. Owner agrees to seed the Drainage Ditch cross slopes to the normal water elevation with seed mix as specified by the Village. 2. Owner shall undertake the following regular maintenance of the Drainage Ditch, unless otherwise agreed in writing by the Owner: debris removal, clearing of saplings, mowing, weeding, and reseeding, as needed. 3. Owner agrees to allow the Village and its contractors to enter the Property at all reasonable times upon prior written notice for the purpose of monitoring maintenance of the Drainage Ditch and to perform necessary maintenance that is not otherwise the responsibility of Owner and expressly including restoring the Drainage Ditch flow line as required due to silt build up. 4. The Village may inspect the Drainage Ditch on a regular basis and will notify the Owner in writing of any maintenance or repair work that is the responsibility of Owner under this Agreement and that is needed thereon. Owner shall cause the work to be performed promptly after receipt of the notice. In the event Owner fails to commence such maintenance or repair work within 30 days after delivery of the notice or to diligently pursue the maintenance or repair work to completion, the Village shall have the right to provide such maintenance or repair work and bill Owner for the cost. 5. The Village agrees to indemnify Owner and its members, managers, officers, directors, partners, employees, agents and contractors from and against any and all damages, mechanics' liens, claims, liabilities, costs, expenses and losses (including without limitation, reasonable attorneys' fees and costs)to the extent caused by the Village's entry onto the Property or any activities performed by the Village thereon. This indemnity shall survive the termination of this Agreement and shall apply and be enforceable to the fullest extent permitted by law. EXHIBIT A (Property Legal Description) PARCEL 1: THE WEST 68.00 FEET OF LOT 82 AND ALL OF LOT 83 IN CENTEX INDUSTRIAL PARK UNIT 8, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 22, 1963 AS DOCUMENT 18702453, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOTS 100 AND 101 IN CENTEX INDUSTRIAL PARK UNIT 11, A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDINING TO THE PLAT THEREOF RECORDED APRIL 29, 1963 AS DOCUMENT 18782018, IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 207 IN CENTEX INDUSTRIAL PARK UNIT 104, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 20, 1965 AS DOCUMENT 19623057, IN COOK COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN; AND THAT PART OF LOT V IN CENTEX INDUSTRIAL PARK, BEING A SUBDIVISION IN SAID SECTION 35, BOUNDED AND DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 202 IN CENTEX INDUSTRIAL PARK UNIT 18, BEING A SUBDIVISION IN SAID SECTION 35; THENCE NORTH ALONG THE EAST LINE OF LOT 202, 399.73 FEET TO THE NORTH UNE OF LOT W, AFORESAID; THENCE EAST ALONG SAID NORTH LINE OF LOT W. 336.25 FEET TO THE NORTHWEST CORNER OF LOT 207 IN CENTEX INDUSTRIAL PARK UNIT 104, BEING A SUBDIVISION IN SAID SECTION 35; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 207, 399.62 FEET TO SOUTHWEST CORNER THEREOF; THENCE WEST ALONG THE NORTH UNE OF ARTHUR AVENUE, 336.35 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS; ALSO KNOWN AS LOT 210 IN CENTEX INDUSTRIAL PARK UNIT 107, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 5, 1966 AS DOCUMENT 19875746, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 2200 ARTHUR AVENUE, ELK GROVE VILLAGE, IUJNOIS Permanent Index Number. 08-35-301-043-0000 951280.0 6. This Agreement shall be a covenant running with the land and shall have a term of 99 years and from year to year thereafter unless a new agreement is entered into regarding the Drainage Ditch or 60 days' written notice is given by either party of intent to terminate after such 99-year term. No amendment of this Agreement shall be effective unless in writing signed by both parties. 7. The terms and provisions of this Agreement contain the entire agreement between the parties and shall supersede all previous communications, representations and agreements, either oral or written, with respect to such matters. 8. This document may be executed in a number of counterparts, each of which shall, for all purposes, be deemed to be an original, and all such counterparts shall together constitute and be one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered by their duly authorized officers. Village of Elk Grove Village: By: Name: Craig B.Johnson Title: Mayor Owner: DCT 2200 Arthur LLC, a Delaware limited liability company By: DCT Industrial Operating Partnership LP, a Delaware limited partnership, its Sole Member By: DCT Industrial Trust Inc., a Maryland corporation, its General Partner By: Name: Title: EXHIBIT B (Drainage Ditch Location) E� ............ t 3F i 3 3 1 �r Z �. QQ n� 111 \� �•��wnll�w�ll 1�JLL �� ry f a«p - \ -- ------- - --- ----- --------- - -t: - ------ --- Q at s FFas e IJ" 951280.v1