1988-04-18 - Resolution 1988-19 - APPROVING AGREEMENT WITH COMMONWEALTH EDISON COMPANY ON WEILAND RD SIDEWALK (WINDBROOKE)RESOLUTION NO. 87- 19
RESOLUTION APPROVING AGREE!,IENT WITH
COMIT{ONWEALTIT EDISON COMPANY ON
WEILAND ROAD SIDEWALK ( WINDBROOKE )
9IHEREAS, in order to install and naintain a five-foot
sidewalk and one 2A-inch Ct'lP culvert in, under and across parcel
263 of. Comnonerealth Edison Company's Des PIa i nes-Waukegan Right-
of-way in the Southeast Quarter of Section 28, Township 43 North,
Range Il East of the Third Principal Meridian, Lake Countyr
I11inois, it is necessary to enter into an agreement with
Corunonvrealth Edison Company,
NOhI, THEREFORE, BE IT RESOLVED BY TIIE PRESIDENT AND BOARD OF
TRUSTEES OF TIIE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
SECTION I.
agreement $rith Comnonwealth Edison Company aLtached hereto as
Exhibit "A".
SECTION 2.The Village President and ViIIage CIerk are hereby
authorized to execute the agreetnent attached hereto as Exhibit
"Ax.
SECTION 3. This resolution shal1 be in full force and effect
from and after its passage and approval.
AYES: 6 Marienthal , Reid. Shield s, Kowalski Shifrin
NAYES: o one
ABSENT: 1 - Glover
PASSED: April t8 1988
19 88APPROVED:ril 18
ATTEST :
APPROVED :
""-tn1 8^r^lr;
lage C erk
L l1age Pres dent
The Corporate Authorities do hereby approve the
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STATE OF ILLINOIS
COUNTIES OF COOK A}ID LAKE
I, JANET H. SIRABIAN, herebyrcertlfy that I am the
duly elected, quallfled and actlng VILLAGE CLERK of the Village
of Buffalo Grove, Countles of Cook and Lake, llllnols, and the
keeper of lts seal and records.
I hereby further certlfy that the attached ls a true
copy of Resolutlon No. 88-19 adopted on the lSrh day of
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l9$, bv the Vll Iage Board of the vil lage
of Buffalo Grove as shovrn by the records ln rry custody.
lN 1./ITNESS I./HEREOF, I have hereunto set my hand and
affixed the seal of the VIl.lage of Buffalo Grove aforesaid,
at sald Vl l lage, ln the County and State aforesaid, thls 25rh
day of Aprll ro 88
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THIS INDENTURE, Made th,i s
and betyeen CoMMoNI,,IEALTH EDISoN CoMpANy, an Illinols Corporation, p.0. Box
767, Chicago, Illinois 60690, hereinafter referred to as Grantor,
and the VILLAGE 0F BUFFALo GR0VE, a municipal corporation of Illinois,
hereinafter referred to as Grantee;
TI]XESSE][:
That Grantor, for and in consideration of the payment of Ten Dollars
($10.00) and other good and valuable consideration by the Grantee, receipt of
vhich is hereby acknowledged, and in cons,ideration of the covenants,
agreements and conditlons hereinafter contained on the part of the Grantee to
be made, performed, Kept and observed, BY THESE PRESENTS DoEs GIVE AND GRANT
unto Grantee, l{ithout yarranty, a perpetual centerl ine easement, for the right
and privilege to install, use, operate, maintain, replace and remove one
S-foot sidewalk and one 24-inch Cl.lp cu'lvert nithout any manholes,
appurtenances or deviation from plan thereof, (hereinafter referred to as
"FaciIity"), in, under and across parcel 263 of Grantor,s Desplaines-Naukegan
Right-of-l{ay in the Southeast Quarter of section 29, Township 43 North, Range
II East of the Third principal Meridian, Lake County, IIlinois.
The said Facility is to be installed along the centerline ., ,horn on
the plan by Donald Manhard Associates, Inc. of l,,lindbrook, Sheet 9 of 13, last
revised January 3r, I986 marked Exhibit "A", attached hereto and made a part
hereof.
This grant 'i s made subject and subordinate to the rights previousry
granted by Grantor to the Northnest l,later commission such having installed
equipment and facilities laid Iongitudinal Iy in Grantor,s Right-of-l,lay at this
location. consent of such Grantee(s) is a prerequisite to exerc,i se of the
ri ghts hereunder granted.
27L4,:A8?'7ti_t,)|:
This grant is made by Grantor and accepted by the Grantee under the
follow'i ng terms and conditions:
FIRsr: Grantee shalr notify Grantor in nriting at reast forty-eight
(48) hours in advance, except in case of emergency and in case of routine
inspection and operation, before entering upon said property of Grantor to
make the herein proposed installation, or any repair, replacenent or removar
thereof, in order that Grantor can have a representative or representatives
present at such time or times if it so desires; said prior notice shalI be
directed to Grantor's Division operating l.{anager in l{orthbrook, IIlinois,
Phone Number (312) 291-3100 or such other person designated by Grantor, and
Grantee agrees that any vork 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
rep re s entat i ve or representati ves.
SECOND: Grantee agrees that said Facility nill be installed in
Grantor's property in stri ct conformity nith said Exhibit ,,A,, attached
hereto. Any proposed changes in said plans, before or after installation,
shall be submitted to Grantor for its nritten approval and no work shalr be
commenced until such rrritten approval has been obtained.
THIRD: Grantee agrees to reimburse Grantor and its grantees, ressees
or licensees for any expense incurred in protecting or rearranging their
facilities due to the insta ation, operation, maintenance or remova.r of said
Faci I i ty.
FoURTH: Grantee shar r compry vith ar l appl i cabr e envi ronmental
statutes, ordinances, rules, regulations, and orders (hereinafter referred to
as "Standards") issued by any federal , state or local environmental agency
relating to Grantee's use of Grantor's property hereunder. such standards
27L47UB
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encompass' but are not Iimited to, those concerning air, water, noise, solid
wastes' hazardous substances, and hazardous yastes. Grantee shall not use
uaste oil as a means of suppressing dust on gravel roads or anywhere else on
Grantor's premises. Grantee shall reimburse Grantor for all costs incurred by
Grantoli ncluding, nithout limitation, fines and penalties imposed for
violation of Standards and the actual expense of correcting the actual or
alleged violation. Grantee shall assume Iiability for and shall indemnlfy and
hold Grantor harmless from any claim or vlolation of Standards yhich results
from Grantee's use of Grantor,s premises.
Grantee, at its cost, shall assume the defense of all claims of
violation of the Standards, regardless of rhether they are asserted against
Grantee or Grantor, except claims resulting from Grantor,s sole negligence.
Notwithstanding the expiration or termination of this agreement, Grantee shall
remain Iiable for al1 costs provided for herein, and shall further remaln
obligated to defend, indemnify and hold Grantor harmless for any and alI
violations or alleged violations of Standards vrhich occurred or were caused
duri ng the actual term of this agreement.
FIFTH: Grantee shall indemnify and save harmless the Grantor, its
officers and employes, from all claims, Iitigatlon 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 yhomsoever
on account of damage to any property, or on account of Ioss or interruption of
electric service, caused by, connected nith, 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.
27t4t;8
53
SIXTH: Grantor shal not be Iiabre to Grantee for damage to the
FaciI ity due to the installation, operation, maintenance or removal of any
present or future fac'i lities of Grantor in Grantor,s property.
SEVENTH: Grantee agrees that any equipment used in the instailation
of the Facj)ity shall not exceed fifteen (I5) feet in height; that no btasting
vill be done, and that suitable markers wiII be,i nstalled and mainta,i ned to
indicate the presence of and Iocation of said Facility in Grantor's property.
upon completion of construction, Grantee agrees to furnish Grantor nith a copy
of plan indicating the installed location of said Fac,i Iity and said markers.
EIGHTH: Grantee agrees to obtain at its sore cost and expense such
permits, Iicenses or other authority which may be required fron the county of
Lake, state of I1'l inois, and any other authorities having Juri sdiction, before
using said premises for the purpose herein proposed and agrees to compry vith
and strictly observe any and ar Iavs, rures, statutes and regulations of any
such authori ti es.
t{INTH: Grantee agrees to require rts contractor, before commencing
the vork of installing, repairing, replacing or removing the Faci.lity to
purchase and maintain, or at the option of Grantee to itserf purchase and
maintain, at the cost of Grantee or its contractor, a policy or policies of
insurance issued by good and responsibre insurance companies and in a form
satisfactory to Grantor as fol loys:
) l,lorkers ' Compensati on Ipay promptly yhen due a
requi red of the insured
Coverage B - Employers,
nsurance Policy: Coverage A - To1l compensation and other benefits
by the workers, compensation law.Liabil ity: To pay on behalf of the
27LIL|jB
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5
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'i nsured uith Iimits not Iess than $5OO,OOO eachacci dent/occurrence al I sums yhi ch the'i nsured shal I becomelegally. obligated to pay as damages because of bodilyinjury.by accident or disease, iicluding aeattr ii-an! timeresulting therefrom.. Coverage A and Coverage B yjlt-coveiall contractors, subcontractors, and the.i r iubcontraciori:
2-) comprehensive General Liabi lity poricy or poricies coverinoall contractors, subcontractori and ail their suOion_
- '
tractors yith limits not Iess than the comUineO singteIimit of $3,000,000 for bodi)y injuries to or deith-oi oneor more persons and/or property damage sustained by one ormore organizations as a-result-of any one occurrenie, yhichpolicy or_policies shall not exclude property of graritoi.-
Commonweal th Edi son Company, as Grantbr,' st at t le-aJO.O'isAdditional Insured undei endorsement GL'2010. SoOiii-- --
injury means bodily injury, sickness, or disease-iusiained
!y any.person which occuri during the poticy feiioO;-- --
including death, at any time resilting'therirfiom. irooertvdamage means 0) physical inJury to oi destruciion of-'- -'
!a1gi!]e property nhich occuis iJuri ng the poticy-peiioO,
I nc tuot ng the loss of use thereof at any time resul ti ngtherefrom, or (2).toss of use of tangibie p.op.iii r.tiinhas not been.physicalty injured or d6stroyid-pio,ilaeJ iuctloss of use is caused by an occurrence dui.ing'the policyperi od .
There shall be furnished to Grantor, prior to commencing the nork of
installing, repairing, replacing or removing the Facility, a certified copy of
each policy of insurance or a certificate of Insurance issued pursuant to the
requirements contained in subparagraphs (l) and (2) of this paragraph NINTH.
Insurance coverage as required herein in subparagraphs o) and (2) shaIl be
kept in force unt'i I alI vork has been completed. Declarations in each of sa.id
policies shall identify the work as being done by and for others on property
ovned by Grantor and there shall be no exclusions in any of said policies not
approved by Grantor.
TENTH: In addition to any extraneous agreements, contracts or
understandings that the Grantee
',ourd have concerning any of the 0n-Site or
0ff-Site Improvements associated rith the Developer or Subdivider of this
Project, Grantee agrees that vith its execution of this agreement, nhich
Facility is a part of the 0ff-Site Improvements to this project, that it has
taken and assumed al l liabilities and responsibi lities associated with, caused
by, connected vith or in any vay attributable to the construction and
placement of said Facility as Iocated in the property of Grantor in advance of
Grantee's acceptance or final ization of the on-site or Off-Site Improvements
associated yith this project and its Developer or Subdivider.
ELEVENTH: The rights herein are grven subJect to any use nov made of
the property hereinbefore described by Grantor, its grantees, Iicensees and
Iessees' and should Grantor desire to make any use of its property nith which
the Facility wilr in any manner interfere, Grantee shail, at its cost and
expense, vithin sixty (60) days after receiving such notice from Grantor, make
such changes in said Facirity as in the judgment of Grantor may be required to
avoid interference nrth the use or proposed use of ,r ts property. If such
changes are not feasibre, then Grantee agrees, nithin such sixty (60) days, to
relocate said Facirity to another location designated by Grantor in its
property.
TIiELFTH: Any erectrorysis mitigating methods or equipment used in
connection vith Grantee's Facility shall be coordinated with methods or
requirements of Grantor and Grantee agrees to provide and install, at its sole
cost and expense, such equipment as may be necessary to mitigate any
electrolysis caused by the presence of said Facility in Grantor,s property.
THIRTEENTH: Grantee agrees to pay Grantor, its grantees, licensees,
Iessees, successors or assigns, for any and all damage and expense xhich they
or any of them' may sustain or be put to because of damage to any property of
6
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Grantor, its grantees, Iicensees, ressees, successors or assigns, incruding
but not by way of Iimltation, damage to crops, fences, pasture Iands or
Iivestock, on account of the instal lation, operation, maintenance, repair,
replacement or removal of the Facility and Grantee agrees, upon comple on of
said vork 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 yhere tillable soil existed prior to installailon of sald 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
facillties occasioned by the construction, installation, repair, replacement,
maintenance, operation or removal of the Facility.
FoURTEENTH: Grantee covenants and agrees that it nilr not permit or
suffer any rien to be put upon or arise or accrue against said premises in
favor of any person or persons, individual or corporate, furnishing either
Iabor or material in any vork herein proposed; Grantee further covenants and
agrees to hold Grantor and sa'id premises free from any and all riens, or
rights or claims of lien rvhich may or might arise or accrue under or be based
upon any mechanic's lien lav, so called, of the State of IIlinois, nolr in
force or hereafter to be enacted. All contracts and agreements that may be
made by Grantee relating to any rork herein proposed, shall expressly state
that the interest and reversion of Grantor in and to said premises shall be
whol Iy free from and not subject to any 'r ien or cra'im of any contractor,
subcontractor, mechanic, materialman or laborer, rhether based upon any lav or
regulation of the state of Illinois, or any other authority, now in force or
hereafter to be enacted, and Grantee also hereby covenants and agrees that it
2?741a
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',ill not enteli nto any contract for such nork vhich shall not in express
terms contain the aforesaid provis.ions.
FIFTEENTH: Upon compretion of the construction, instalration, Iaying
or placing of said Facility, Grantee shall thereafter and at its ovrn expense
naintain, repair and renev said Facllity and, in the event of its failure to
do so' Grantor shall have the right, after ten o0) days, wrltten notice to
Grantee, to either itself maintain, repair and renew said Facility at the sole
cost and expense of Grantee, or to term,inate this agreement.
SIXTEENTH: Grantee shall have the right to enter upon, occupy and
utilize temporariry, from time to time, so far as may be reasonably necessary,
a strip of land Iying fifteen (I5) 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 exerci sed in such a
manner as not to interfere nith Grantor's use of lts property.
SEVENTEENTH: Grantee agrees that it rilr pay or reimburse Grantor
upon demand for arr taxes and speciar assessments Ievied upon or against the
property of Grantor, on account of the installation, operation or maintenance
of said Facility.
EIGHTEENTH: In the event Grantee fairs, at any time or times, to
observe or perform any of its covenants or agreements or the terms hereof,
Grantor may give trritten notice of termination to Grantee, and Grantee,s
rights and authority hereunder shall thereupon cease (except for the right to
correct such fairure) so rong as such fairure continues, prov.ided that if such
failure shall continue for a period of sixty (60) days after given such notice
Grantee's rights and authority hereunder sharl terminate forever. Arso, if at
any time after the installation of the Facility, Grantee shall fai I to use the
o
azfarue
same for a period of trrelve C2) consecutive months, Grantee,s rights and
authority hereunder, nithout the necessity of any not,i ce to Grantee, shall
terminate forever. upon termination of this Agreement or Grantee,s rights and
authority hereunder, for any reason l,hatsoever, Grantee shall, at its expense,
remove the Facility and restore the property to the satisfaction of Grantor
and reimburse Grantor for all expenses incurred in connection rith such
removal . If Grantee shall faiI to remove the Facility in the manner aforesaid
within ninety (90) days after termination, the Facility shall become the sole
property of Grantor, rithout liability or obligation to account to the Grantee
therefor, and Grantee shall re'imburse Grantor for alI expense, lncurred by
Grantor at any time thereafter, in connection nith removal and disposal of a1l
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 indemnificatjon hereunder, arising from any acts,
omi ssions or events occuring prior to such termination nor reimbursement for
Grantor's expenses incurred under this paragraph after such termination.
Failure of Grantor, at any time, to ins'i st 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 condit.ion herein contained.
ilINETEENTH: This agreement sha|r be executed for and on behalf of
the Grantee pursuant to a Resorution passed by the president and Board of
Trustees of Grantee and a certified copy of said Resorution shal be attached
hereto and made a part hereof as evidence of the authority herein exercised by
the undersigned Officers of the Grantee.
9
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COMMONI^]EA TH EDISON COMPANY
B
ATTEST:Pr ent
VILLAGE OF BUFFALO GROVE
By
st Secretary
ATTEST:
.SEAL
.ATIESTi
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P T
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R'RAN EETHE ZAI,E CROUP A grees to guarantee performance o f the vork con tem pl ated andof said faci I i t v,as the party construc ti n g and installin gt he faci l.i ty andin'i ti al orvner t her eof, and to be bound by al I terms,cond i ti ons and covenan t sof thi s a greement except para graphs EL EVEN TH, FIFTEENTH and N INETEENTH andfurther a grees to pay COMMoNti EALTH EDISON COMPANY,upon executi on hereof, OneThousandDol I ars ($l ,000.00)as a preparati on fee compensati n g COMMONI,IEALTHED I SON COMPANY for i ts exp en s es in considerin g and ana Iyzi n g the effect ofthis request upon th e performance of .i ts publ i c utilit y responsibilities andthepreparation of t hi s document.
E ACCEPTED:
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2?747,ng
By
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T,^IENTIETH: The terms "Grantor,' and ,,Grantee,, wherever used in this
instrument are intended in each instance to incrude the respective successors
and assigns of Grantor or Grantee, whichever the case may be, and all of the
terms and provisions of this instrument shaa inure to the benefit of and be
binding upon the respective successors and assigns of Grantor and Grantee.
IN HITNESS *HERE'F, the parties hereto have caused this instrument to
be executed by their proper officers thereunto duly authorized as of the day
and year first here.inabove written.
Vic
STATE OF ILLINOIS )
)ss
COUNTY OF COOK )
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county, ri't,. sJiiE :iaPaier'a, do hereb! :.Iiii;',il|"t',,'l ull,ror said
Illi.:i:-::lp"ll!iql,.i,x]" "::],oi,,,'oi,,l,,illo*n'ot': I3li3[..:?Tlil;,11, ",sar0 company, personal ly.knoun to me tb bii the same persons vhose names aresubsc.i bed to the foregoing instrument as such vrce iireiiJeni ini niiiltant!l:l:tlllt respectively,_appeared before me this day in p.iiinl inO--'-acKnoyredged that they signed and del,ivered the saiil insirumeni ii-ttei, o*nIl:...iil y9lrlll.y act.and as the free and voluntary act of said complny, lep
:l:^r:g:_.ig,purposes therein set forth; and the said Ass.i stant Secrbtaiy didarso then and there acknowledge.that he, as custodian of the corporate sial ofsaid company, did affix tne siia corporite seii or sato corpanv'i. iiio'instrument as his ovn free. and vorunlary aci,-ana as ttre-iiEe iri-roirnt.ryact of said company, for the uses and plrrposes therejn set iorttr. -- -'
Gjven under my hand and notarial seal thi s z-//-
of , A.D. t98a
My Commi ssion Expi r My Commission Expires 2i4189
STATE OF ILLINOIS ))ss
COUNTY OF )
AAA AAA
"OFFICIAL SEAL"
James J. Buhle
h, l(rfidall IourtI, Sbte ol Itrilloir Notar ublic
seal th i s /rd-day
Notary Publ i c
Xolary P$l
^ I, a Notary public, in and for saidCounty, in the State aforesaid, do hereby ceility that
of the VTLLAGE oF BUFFAL6 Ef;5iE:"lH
knovn to me to be the Village President
Villag
name s
Presi d
that t
Vi I lag
thei r
Vi I 1ag
resol u
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are sub
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, personally knorrn to me to be the Clerk of sa.id
om. are. personal Iy known to me to be the same persons yhosed to the acceptance of the foregoing instrumeii as such, appeared before me this day in peison and acknowledged
d. delivered such acceptance ior aird on behali-oi sajd-the corporate seal of said Village to be affixed thereto asntary act, and as the free and voluntary act oi saids and purposes therein set forth, pursuint to a rrrittensed by the President and Board of trustees of iajd Viiiag.day of , A.O. 19
of
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^ Given under my hand and notarial{/r,q,r,/ ' A'0. Ie'r.
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.OFFICLA,L SEAL"
ROBERTA FREED
llotary Publk. Stet? ol llliiois
M, Commisslon Etpi.s 3/3/92
My Commission Expi res:J
day