1988-09-06 - Resolution 1988-48 - APPROVING THE COMMONWEALTH EDISON EASEMENT AGREEMENT (CHEVY CHASE BUSINESS PARK WEST)RESOLUTION NO. 88-48
A RESOLUTION APPROVING THE COHMONWEALTH EDISON
EASEMENT AGREEMENT (CHEVY CHASE BUSINESS PARK WEST)
WHEREAS, an easement from Cormonwea I th Edison is required to
permit the construction and maintenance of certain sanitary sewer
improvements serving the Chevy Chase Business Park.
WHEREAS, the Village is required to approve the required easement
agreement.
NO}'l, THEREFORE, BE IT RES0LVED by the President and Board of
Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Ijlinois,
that the Village President and Village Clerk are hereby authorized and
directed to execute the easement agreement of which said agreement is
attached hereto and made a part hereof.
AYES: 4 - Marienthal, Glover, Reid, Mathias
NAYES:0 - None
ABSENT: 2 - Shields' Shifrin
PASSED: Septenber 6
APPROVED: Seprember 6
ATTEST:
, 1988
, 1988
APPROVED:
ern on,res ena.y
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THIS INDENTURE, Made this 6 th day of septenber , 1988, by
and betveen C0MM0NIiEALTH EDIS0N C0}1PANY, an Illinols Corporation, P.0. 8ox
767, Chicago, IIIlnois 60690, herelnafter referred to as Grantor, and the
VILLAGE 0F BUFFALO GROVE, a municipal corporation of IIlinois, hereinafter
referred to as Grantee;
EI]XESSTI[:
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 acknovledged, and in consideration of the covenants,
agreements and conditions hereinafter conta'i ned on the part of the Grantee to
be made, performed, kept and observed, BY THESE PRESENTS DOES GIVE AND GRANT
unto Grantee, vithout uarranty, a perpetual centerline easement, for the right
and prlvllege to lnstall, use, operate, maintain, replace and remove one
l0-inch sanitary sever and reshape an existing ditch nithout any manholes,
appurtenances or deviation from plan thereof, (herelnafter referred to as
"Facility"), in, under and across Parcels 274 and 275 of Grantor's
DesPlaines-t',laukegan Right-of-l,lay in the Southwest Quarter of Section 34,
Tovnship 43 North, Range 1l East of the Third Prlnclpal Meridian, Lake County,
IIIinols.
The said Facility is to be lnstalled along the centerline as shovn on
the englneering plans prepared by Covrhey Gudmundson Leder, Ltd., draring
number-717 sheet lI of l6 Iast revised 2l April 1988, marked Exhiblt "A"
attached hereto and made a part hereof.
)z7Z?431
This grant is made subject and subordinate to the rights previously
granted by Grantor to the Northwest Hater Commission such having installed
equipment and facilities laid longitudinally in Grantor's Right-of-Hay at this
location. Consent of such Grantee is a prerequisite to exercise of the rlghts
hereunder granted.
Thls grant is made by Grantor and accepted by the Grantee under the
fol loriing terms and conditions:
FIRST: Grantee shalI notify Grantor in writing at least forty-eight
(48) hours in advance, except in case of emergency and ln case of routine
inspection and operation, before enteri ng 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 representatlves
present at such tlme or times if it so desires; said prior notice shall be
directed to Grantor's Dlvision 0perating l,'lanager in Northbrook, Illino'l s,
Telephone Number (312) 291-3100, or such other person designated by Grantor,
and Grantee agrees that any work in said property shalI 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
representatI ve or representatl ves.
SECOND: Grantee agrees that said Facility vl 1l be installed ln
Grantor's property in strict conformity rith said Exhibit "A" attached
hereto. Any proposed changes in said plans, before or after lnstallation'
shall be submltted to Grantor for its vrltten approval and no vork shall be
commenced until such trrl tten approval has been obtained'
,4 ??ZZqat
THIRD: Grantee agrees to reimburse Grantor and lts grantees, Iessees
or licensees for any expense lncurred ln protectlng or rearranging their
facilities due to the'i nstallation, operation, maintenance or removal of said
FaciIity.
FOURTH: Grantee shall comply with all applicable environmental
statutes, ordi nances, rul es, regul ati ons , and orders (here'i nafter 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
encompass, but are not limjted to, those concerning air, rater, nolse, solid
wastes, hazardous substances, and hazardous yastes. Grantee shall not use
yaste oil as a means of suppressing dust on gravel roads or anyrhere else on
Grantor's premises. Grantee shal l reimburse Grantor for all costs incurred by
Grantor including, wi thout ljmitation, fines and penalties imposed for
violation of Standards and the actual expense of correcting the actual or
alleged violation. Grantee shall assume liability for and shall indemnify and
hold Grantor harmless from any claim or violation of Standards vhlch results
from Grantee's use of Grantor's premises.
Grantee, at its cost, shall assume the defense of all claims of
violatlon of the Standards, regardless of vhether they are asserted agalnst
Grantee or Grantor, except claims resulting from Grantor's sole negligence.
Notvli thstanding the exp'i ration or terminat'ion of this agreement, Grantee shall
remain liable for all costs provided for herein, and shall further remain
obl igated to defend, indemnify and hold Grantor harmless for any and alI
violations or alleged violations of Standards nhich occurred or vere caused
durl ng the actual term of this agreement.
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2?z?437D
FIFTH: Grantee sha'l I lndernnify and save harmless the Grantor, its
officers and employes, from all claims, Iitigation and Ilabi lity asserted
agalnst 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
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 rith any of the terms
or conditions hereof. Grantee shall undertake the defense of Grantor, its
officers and employes ln any such Iitigation, if Grantor requests Grantee to
do so.
SIXTH: Grantor shall not be Ilable to Grantee for damage to the
Facility due to the installation, operation, maintenance or removal of any
present or future facllities of Grantor in Grantor's property'
SEVENTH: Grantee agrees that any equipment used in the installation
of the Facillty shalI not exceed fifteen (15) feet in height; that no blasting
rill be done, and that suitable markers vill be installed and ma'i ntained to
lndicate the presence of and location of said Facility in Grantor's property.
Upon completion of construction, Grantee agrees to furnish Grantor rlth 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 t{hich may be required from the County of
Lake, State of Illlnols, and any other authorities having Jurisdiction, before
uslng said premlses for the purpose herein proposed and agrees to comply vlth
and strlctly observe any and all Iaws, rules, statutes and regulations of any
such authori tl es.
u4 z?z?437
NINTH: Grantee agrees to require its contractor, before commencing
the work of i nstal I I ng, repal ri ng, repl aci ng or removi ng the
purchase and maintain, or at the option of Grantee to itself
malntaln, at the cost of Grantee or its contractor, a policy
insurance issued by good and responsible insurance companies
satlsfactory to Grantor as fol lows:
Fac'i I i ty to
purchase and
or pol i ci es of
and 'i n a form
15
2:72?43L,
'I .) l,lorkers' Compensation Insurance Policy: Coverage A - To
pay promptly vhen due all compensation and other benefits
required of the insured by the workers' compensation lau.
Coverage B - Employers' Liability: To pay on behalf of the
insured vith limits not less than $500,000 each
accident/occurrence all sums which the insured shall become
legally obligated to pay as damages because of bodily
'i njury by accident or disease, including death at any time
resulting therefrom. Coverage A and Coverage B xil'l cover
all contractors, subcontractors, and thejr subcontractors;
2.) Comprehensive General Liability Policy or Pollcies covering
all contractors, subcontractors and all their subcon-
tractors xith limits not less than the combined single
'l imit of $3,000,000 for bodlly injuries to or death of one
or more persons and/or property damage sustained by one or
more organizations as a result of any one occurrence' rhich
pol icy or policies shall not exclude property of Grantor.
Commonwealth Edison Company, as Grantor, shall be added as
Additional Insured under endorsement GL 2010. Bodi Iy
injury means bodily iniury, sickness, or disease sustained
by-any person lrhich occurs during the policy,periodt
including death, at any time resulting therefrom. Property
damage means (l) physical injury to or destruction of
tangible property nhlch occurs during the pollcy period'
inciuding.the loss of use thereof at any time resulting.
therefrom, or (2) loss of use of tangible property rhich
has not been physically injured or destroyed provlded-such
loss of use ii caused by an occurrence during the pol lcy
peri od .
There shalI be furnished to Grantor, prior to commencing the rork of
lnstalllng, repairlng, replacing or removing the Faciltty, a certifled copy of
each po1 icy 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 (l) and (2) shall be
kept in force until all nork has been completed. Declarations in each of said
policies shall ident'i fy the vork as being done by and for others on property
oyned by Grantor and there shalI be no exclusions in any of sald po1 lcies not
approved by Grantor.
TEI{TH: In addition to any extraneous agreements, contracts or
understandings that the Grantee vould have concerning any of the 0n-Site or
Off-Site Improvements associated nith the Developer or Subdivider of this
ProJect, Grantee agrees that with jts execut'ion of this agreement, rhlch
Facllity ls a part of the Off-Site Improvements to thls Proiect, that it has
taken and assumed all I'iabilities and responsibi l'i ties associated vith, caused
by, connected nlth or in any vay attributable to the construction and
placement of sa'id Facility as located in the Property of Grantor in advance of
Grantee's acceptance or finalization of the On-Site or Off-Slte Improvements
associated vith this Project and its Oeveloper or Subdivider.
ELEVENTH: The rights here'i n are given subject to any use no|, made of
the property hereinbefore described by Grantor, its grantees, licensees and
lessees, and should Grantor desire to make any use of lts property wlth vhlch
the Faciltty xill ln any manner interfere, Grantee shall, at lts cost and
expense, rlthin sixty (60) days after receivlng such notice from Grantor, make
such changes in sald Facil ity as in the iudgment of Grantor may be required to
avoid interference nith the use or proposed use of its property. If such
changes are not feasible, then Grantee agrees, vithln such slxty (60) days' to
relocate said Facllity to another location deslgnated by Grantor in tts
property.
6 ?za?z?437
TI.IELFTH: The rights herein are granted subject to any use nov made
of the herelnbefore descri bed property by Grantor, its grantees, Iicensees and
'I essees, and should Grantor desire to make any use of its property vith lhich
the Fac'i lity ulll in any manner interfere, Grantor shalI deliver to Grantee a
nrltten notice describing such proposed use and stating that sa'i d Facility
rill interfere vith such proposed use. Nith the notice shall be an estimate
of any additional costs incurred by Grantor if its proposed construct'ion is
altered to avoid or minimize interference nith the Facility. Grantee shall,
at its cost and expense, commencing ninety (90) days after receiving such
notice from Grantor, (l) make such changes in said Facility as ln the
Judgment of Grantor may be required to avoid or minimize such lnterference'
including relocation of the Fac'i lity to another Iocation designated by Grantor
in its property or (2) notify Grantor within twenty (20) days of receipt of
such notice, that it elects to reimburse Grantor for said additional cost.
THIRTEENTH: Any electrolysis mitigatlng methods or equipment used ln
connection vith Grantee's Facility shall be coordinated vith methods or
requirements of Grantor and Grantee agrees to provide and install, at lts sol e
cost and expense, such equipment as may be necessary to mitigate any
electrolysis caused by the presence of sald Facllity in Grantor's property'
F0URTEENTH: Grantee agrees to pay Grantor, its grantees, Iicensees,
lessees, 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
Grantor, its grantees, Iicensees, Iessees, successors or assigns' including
but not by yay of limltation, damage to crops, fences, pasture lands or
livestock, on account of the installation, operatlon, malntenance, repalr,
1 I z?2?431
replacement or removal of the Faclllty and Grantee agreest upon completion of
said vork to replace all back filling material and surfacing material in a
neat and vorkmanlike 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 prlor to installation of said Faci lity and
restoration of the ground to its original elevation. Grantee agrees that
there shall be no lmpairment of natural drainage or of installed drainage
faci litles occasloned by the construction, Installation, repair, replacement,
maintenance, operation or removal of the Facility.
FIFTEENTH: Grantee covenants and agrees that lt vill not permit or
suffer any lien to be put upon or arise or accrue against said premi ses in
favor of any person or persons, ind'ividual or corporate, furnishing either
labor or material ln any work herein proposedt Grantee further covenants and
agrees to hold Grantor and sald Premises free from any and all 1lens, or
rights or claims of lien nhich may or might arise or accrue under or be based
upon any mechanic's llen lau, so called, of the State of IIIinois, nor ln
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 sald premises shall be
wholly free fron and not subiect to any Iien or claim of any contractor'
subcontractor, mechanlc, materialman or laborer, vhether based upon any lax or
regulation of the State of Illinois, or any other authority' nov In force or
hereafter to be enacted, and Grantee a1 so hereby covenants and agrees that it
will not enter lnto any contract for such vork rhich shall not ln express
terms contain the aforesaid provislons.
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72?437d
SIXTEEI{TH: Upon completion of the construction, instal Iation, laying
or placing of said Facility, Grantee shall thereafter and at its ovn expense
maintain, repair and renev 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 elther itself maintain, repair and renev said Facl)ity at the sole
cost and expense of Grantee, or to terminate this agreement.
SEVENTEENTH: Grantee shall have the right to enter upon, occupy and
utilize temporari 1y, from time to time, so far as may be reasonably necessary,
a strip of land lying fifteen (15) feet on both sides of the centerllne of
said Facility for the installation, maintenance or removal thereof provlded,
however, that such rights over Grantor's property shall be exercised ln such a
manner as not to interfere vith Grantor's use of 'l ts property.
EIGHTEENTH: Grantee agrees that Grantor and or its public utillty
successor shall not be assessed for any improvements to be constructed
pursuant hereto as a local lmprovement proJect or othervise charged for the
cost of such lmprovement.
NINETEENTH: 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 vri tten notice of terminatlon to Grantee, and Grantee's
rights and authority hereunder shall thereupon cease (except for the rlght to
correct such failure) so long as such failure continues. provided that lf such
fai Iure shall continue for a perlod of sixty (60) days after given such notice
Grantee's rights and authorlty hereunder shall termlnate forever. Also' if at
any time after the installation of the Facility, Grantee shall fail to use the
same for a period of tvelve (12) consecutlve months, Grantee's rights and
9 t(
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authority hereunder, vi thout the necesslty of any notice to Grantee, shall
terminate forever. Upon terminatlon of this Agreement or Grantee's rights and
authority hereunder, for any reason vhatsoever, Grantee shall, at its expense,
remove the Faclllty and restore the property to the satisfaction of Grantor
and reimburse Grantor for all expenses incurred in connectlon vith such
removal, If Grantee shall fail to remove the Facl lity ln the manner aforesaid
nlthin ninety (90) days after termination, the Facility shall become the sole
property of Grantor, without l iab'i lity or obl igation to account to the Grantee
therefor, and Grantee shall reimburse Grantor for alI expense, lncurred by
Grantor at any tlme thereafter, in connectlon vlth removal and dlsposal of all
or any portion of the Facllity and restoratlon of Grantor's property.
Termination of Grantee's rights and authority hereunder, shall not affect any
right of Grantor to indemnification hereunder, arlsing from any acts,
omisslons or events occuring prior to such termination nor reimbursement for
Grantor's expenses incurred under this paragraph after such termlnatlon.
Fallure of Grantor, at any time, to insist upon performance or observance of
any term, covenant, agreement or condition contalned hereln shall not be
construed as a release of any right of Grantor hereunder or as a Ualver of any
rtght to enforce any term, covenant, agreement or condltion herein contalned.
TI,,IENTIETH: As further conslderation for this grant of easement,
Grantee agrees to deposit or cause lts contractors to deposlt, before the
start of construct'ion, yith Grantor, an irrevocable letter of credit, dravn on
a national or state bank in the sum of Ttto Thousand Dollars (i2,000.00) U.S.
currency, payable on drafts dravn to the order of Comrnonveal th Edison Company'
on the fol lowing terms and conditions:
?t?z?437
-10-IL
I. Drafts drawn by Cormonrealth Edl son Company shall be
accompanied by a letter slgned by the Grantor's Land
l.lanagement Supervisor statlng that Grantee has not complied
wtth the provlslons of Paragraph F0URTEENTH of this
easement grant.
2. The letter of credjt shall expire upon issuance of a letter
s I gned by sai d Grantor' s representati ve stati ng that
compl iance has been made by Grantee or its contractor yith
the provisions of Paragraph FOURTEENTH and in any event,
said letter of credit shall expire tyelve months after
written notification has been sent by U.S. nail,
registered, return receipt requested, to sald Grantor's
representative, that construction has been completed.
TI',IENTY-FIRST: 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 certifled copy of said Resolution shall be attached
hereto and made a part hereof as evldence of the authorlty herein exercised by
the undersigned Officers of the Grantee.
TIIENTY-SECoND: The terms "Grantor" and "Grantee" vherever used in
this lnstrument are intended in each instance to lnclude the respective
successors and assigns of Grantor or Grantee, vhichever the case may be, and
all of the terms and provisions of this instrument shall inure to the beneflt
of and be bindlng upon the respective successors and asslgns of Grantor and
Grantee.
- Il -t9 z?z?g7
IN IiITNESS hlHEREoF, the partles hereto have caused thls instrument to
be executed by their proper officers thereunto duly authorized as of the day
and year first hereinabove vritten.
COMMONI{EALTH EDISON COMPANY
c dent
retary
VILLAGE OF BUFFALO GROVE
B
ATT
DEVELOPER'S ANO CONTRACTOR'S GUARANTEE
ers agrees to guarantee performance of the vork contemplated and
I ty, as the party constructi ng and i nstal l i ng the fac i Ii ty and
ln al thereof, and to be bound by all te rms, condi tions and covenants
of thi s reement except Paragraphs ELEVENTH, SI XTEENTH and T},IENTY-FIRST, ANd
further agrees to pay CoMMoNl,|
Thousand Dol lars ($l ,000.00)
EALTH EDISoN CoMPANY, upon execut ion hereof, 0ne
as a preparation fee, compensating C0MM0NNEALTH
'I
EDISoN Col.lPAllY for its expenses in considering and
this request upon the performance of its public ut
the preparation of this document.
By
anaIyzing the ef fect of
'i ti es and,l res sibil
DATE ACCEPTEO:
SEAL
ATTEST:
-
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ATTEST:
5
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STATE OF ILLINOIS ))ss
COUNTY OF COOK )
Illlnois co
sa'id compan
subscri bed
Secretary,
acknorl edge
free and vo
the uses an
al so then a
sa'id compan
i nstrument
I, taraer L Buhte , a Notary Public, in and for said
countv' I n the State'l"li::'l;.l?oH[':] 33[l3lil,llil rdYiJ8n,[LofJinr, .n
ation, and !V. J. GOUWENS , Assistant Secretary of
ersonally known to me to be the same persons vhose names are
he foregoing instrument as such Vice Presldent and Asslstant
ectively, appeared before me this day 1n person, and
at they signed and delivered the said instrument as their own
ary act and as the free and vo1 untary act of said company, for
rposes therein set forth; and the said Ass'i stant Secretary dld
here acknowledge that he, as custodian of the corporate seal of
id affix the said corporate seal of sa'id company to said
'i s own free and voluntary act, and as the free and voluntary
act of said company, for the uses and purposes therein set forth.
Gi ven under my hand and notari al seal thi s day
of SepraaaBe R., A.D. l98a
Nota y Pub 1C
l,ly Commission Ex
STATE OF ILLINOIS ))ss
rpory,ptot
resp
dth
I unt
dpundty, d
ash
the same persons vhose names are subscrlbed to the acceptance of the foregolng
lnstrument as such President and Clerk, appeared before me this day ln person
and acknorledged that they signed and del ivered such acceptance for and on
behalf of said Village and caused the corporate seal of said Village to be
affixed thereto as their free and voluntary act, and as the free and voluntary
CO'NTY OF )/a ,,,
r, f;//.Lt
Coyntygln the State(%.a U*-
VILL,GE OF BUFFALO GR
to be the Clerk of sa
ac
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vi
u
Given under my hand and
A;2,- ' A'D'
, a Notary Public, ,in and for said
reby certify that l,/Lz.-2,,<- ,1
knoyn to me to be the President of the
i / ,'rz.rul-z-.-.-.. , personal I y knovn to me
of whom are personally knoxn to me to be
2dJ
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aforesai d, do he
, personal ly
QYl, sl'/zaz-7
id VlllaUe, both
nota
1eg:
tof
i tte
llag
said Village for the uses and purposes therein set forth, pursuant to a
n resolutlon duly passed by the,Presiden! and Board of Truste-eJ of sald
e on the '7c/ day of 42Vta--"-/.,- , A.O. lgU.
ri al seal thi s
of
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i'1y Commi ssion Exp'i res:
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Notary Publ'i c
day
26r,
.,OFFICIAL SEAU'
James J. Buhle
Prllir, [endrll lorit , Sbtl ol U[oi!ildYr
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4
STATE OF ILLINOIS
COI'NTIES OF COOK & IAKE
, . ,. PICCF'ITR
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I, JANET l,l. SIRABIAN, hereby certlfy r.har I ao rhe
duly elected, quallfied and acting VILLAGE CLERK of rhe Vlllage
of Buffalo Grove, CountLes of Cook and Lake, Illinois, and the
keeper of 1ts seal and records,
I hereby further certify that the attached ls the orlglnal
of Resolution No. 88-48 adopted on the 6 th day of Sep Eember
19___gq._, by the Vl1lage Board of the V11lage of Buffalo Grove as shown
by lhe records 1n my custody.
IN WITNESS ITIIEREOF, I have hereunlo ser my hend and
afflxed the seal of the V1l1age of Buffalo Grove aforesaid,
at sald Vl11age, in the County and State aforesald, thls 30 thday
of Septenber 19 88
Village Clerk
Deputy Vi llage
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