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2000-360 RESOLUTION NO. 2000- 36 A RESOLUTION APPROVING A PIPELINE CROSSING AGREEMENT WITH THE NORTHWEST WATER COMMISSION RELATED TO THE BUFFALO GROVE /WHEELING/ROTARY BIKE PATH PROJECT WHEREAS, the Buffalo Grove /Wheeling /Rotary Bike Path Project is scheduled to go to bid in the near future; and, WHEREAS, a Pipeline Crossing Agreement with the Northwest Water Commission is required in order to proceed with the construction and subsequent maintenance and operation of the proposed bike path improvement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES, of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: 1. The Pipeline Crossing Agreement with the Northwest Water Commission is hereby approved. 2. The Village Manager is authorized and directed to execute the agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: NAYES: ABSENT PASSED: - Marienthal. Braiman. Glover. Berman 0 - None May 15 ,2000 APPROVED: May 15 , 2000 Village President Vil ge Clerk G:\PWDIRGRP\LHC\NWWC\resO4OO.doc NORTHWEST WATER COMMISSION RESOLUTION NO o0 -03 AN RESOLUTION APPROVING A PIPELINE CROSSING AGREEMENT WITH THE VILLAGE OF BUFFALO GROVE FOR CONSTRUCTION OF A BICYCLE PATH WHEREAS, the Northwest Water Commission (the "Commission ") owns a perpetual easement in certain lands on which the Village of Buffalo Grove (the "Village ") desires to construct a bicycle path (the "Bicycle Path "); and WHEREAS, the Village desires to cross various portions of the Commission's water main in the construction, installation and operation of the Bicycle Path; and WHEREAS, pursuant to Commission Ordinance No. 88 -3, the Commission requires that the Village obtain a permit for the proposed Bicycle Path; and WHEREAS, the Commission has examined the plans and specifications for the Bicycle Path and is willing to issue a Pipeline Crossing Permit therefor upon compliance by the Village with all administrative details; and WHEREAS, the Village derives a majority of its revenues from taxes levied within the boundaries of the Commission and is, therefore, eligible for a waiver of certain permit fees in connection with the Pipeline Crossing Permit; and WHEREAS, the staffs of the Commission and the Village have agreed upon the terms of a Pipeline Crossing Agreement for the Bicycle Path, and the Executive Director of the Commission recommends that the permit fees be waived by the Commission; • ii NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Northwest Water Commission, Cook and Lake Counties, Illinois, THAT: Section 1. Recitals. The foregoing recitals are incorporated into this Resolution by this reference. Section 2. Approval of Agreement. The Pipeline Crossing Agreement between the Commission and the Village is hereby approved in substantially the form attached to this Resolution. -- Section 3. Fee Waiver. The fees for the Pipeline Crossing Permit to the Village for the Bicycle Path are hereby waived. Section 4. Execution of Agreement. The Executive Director of the Commission is hereby authorized to execute the Pipeline Crossing Agreement upon execution of at least two originals by the Village and compliance by the Village with all other administrative details for issuance of the Pipeline Crossing Permit. PASSED THIS day of �E �` 2000. AYES: NAYSO ABSENT: 0-96W-Awl Chairman A EST: Secretary PIPELINE CROSSING AGREEMENT THIS AGREEMENT made and entered into this day of �,-rle,Jr-,k- .2000, by and between the NORTHWEST WATER COMMISSION, a water commission created and existing under the laws of the State of Illinois (hereinafter referred to as the "Commission "), and the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation (hereinafter referred to as the "Village "), WITNESSETH: WHEREAS, the Commission owns a perpetual easement in, under, along and through certain real property generally described and depicted on Exhibit A attached hereto and by this reference incorporated herein and made a part hereof (the "Property"); and WHEREAS, the Commission's rights regarding the use of the Property are detailed in a certain Supplemental Easement Agreement by and between the Commission and Commonwealth Edison Company ( "CECO "); and WHEREAS, the Commission has constructed and installed on the Property an underground water transportation main, together with related attachments, equipment and appurtenances thereto (collectively the "Pipeline "); and Property; and WHEREAS, the Village desires to construct a pedestrian and bicycle path on the WHEREAS, the aforesaid Supplemental Easement Agreement provides that any rights granted by CECO to others from and after the date of said Agreement shall be subject to the Commission's rights thereunder; and WHEREAS, the Village desires to obtain the Commission's consent to the construction of the pedestrian and bicycle path on the Property; and WHEREAS, the Commission is prepared to grant its consent to such construction subject to the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and pursuant to their powers and authority under the Intergovernmental Cooperation provisions of Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. (1998), the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated into this Agreement by this reference. 2. Consent for Pedestrian and Bicycle Path. Subject to the terms and conditions hereinafter set forth, the Commission hereby grants its consent to the construction, maintenance, repair, removal, and replacement by the Village of a pedestrian and bicycle path over and across the property in accordance with this Agreement. 3. Compliance with Construction Permit. Plans and Specifications. The construction of the pedestrian and bicycle path shall be in accordance with the Construction Permit issued by the Commission to the Village with the plans and specifications entitled Plans for Proposed Enhancement Project, consisting of 39 sheets, dated December 27, 1999, prepared by Groundwork, Ltd. and previously approved by the Commission, attached hereto as Exhibit B and by this reference incorporated herein and made a part hereof (the "Plans and Specifications "). No changes shall be made in the Plans and Specifications within ten feet of the centerline of the Commission's Pipeline without the prior written consent of the Commission. The Commission may have a representative on the property during a portion of the construction. The Village and its contractors shall cooperate with the Commission representative at all times. 4. Protection of Pipeline. Such pedestrian and bicycle path improvements shall at all times be constructed, maintained, repaired, removed, and replaced by the Village so as not to in any manner disturb, damage, destroy, injure or obstruct the Pipeline, nor to obstruct or interfere with the Commission in its operation of the Pipeline, nor in any manner cause or threaten to cause any interruption in the transmission of water through the Pipeline. The Village shall provide advance written notice to the Commission at least 48 hours prior to commencing such maintenance, repair, removal or replacement; provided, however, that in the event of an emergency requiring immediate -2- work the Village is required to provide the Commission only with such advance notice as may be practical under the circumstances and shall follow such emergency with a written notice of the work performed. 5. Fees. The Commission has waived the fees otherwise due to it under section 7 of Ordinance No. 88 -3, because the Village qualifies for a waiver thereunder as a public body deriving the majority of its revenue from taxes levied within the boundaries of the Commission. 6. Commission Maintenance of Pipeline. The Village hereby expressly agrees that the Commission may, upon 15 days' notice, or in the event of an emergency, upon notice reasonable under the circumstances, remove such portions of the pedestrian and bicycle path improvements and appurtenances thereto necessary for the Commission's operation, maintenance, inspection, testing, repair, reconstruction, alteration or removal of the Pipeline, and the Village hereby expressly consents to the removal of such pedestrian and bicycle path improvements for said purposes, and agrees to reimburse the Commission for the cost of such removal. It is further agreed that in the event of any such removal for said purposes, the Commission's restoration obligation shall be limited to restoring the property to grade level with backfill and stone base, and shall specifically exclude any repair or replacement of the pedestrian and bicycle path improvements. Without limiting the generality of the foregoing provisions, the Village hereby agrees that the Commission shall, subject to the aforesaid notice requirements, have unlimited and unobstructed access to the Pipeline at all times when necessary for the Commission's operation, maintenance, inspection, testing, repair, reconstruction, alteration or removal of the Pipeline, and, in furtherance of such access, the Village shall,provide working area clear of park equipment, pedestrians and other users of the pedestrian bike path. The Village shall provide the Commission with a 24 -hour telephone number at which the Commission may contact the Village. -3- o • 7. Safe . The Commission agrees that upon any such removal of any pedestrian and bicycle path improvements by the Commission for the aforesaid purposes, it shall erect any signs and /or barriers necessary for public safety and shall maintain such signs and /or barriers throughout the duration of its work on the Pipeline and the completion of its restoration obligation. The Commission further agrees to give the Village three (3) days' notice of its intention to remove any such signs and /or barriers upon its completion of such Pipeline work and restoration obligations. 8. Future Pedestrian and Bicycle Path Improvements. If, at any time in the future, the Village wishes to construct or install, or reconstruct, reinstall, maintain, repair, remove or replace, pedestrian and bicycle path improvements on the Property other than in accordance with Exhibit B, the Village shall notify the Commission. The Commission shall have the right to review and approve or disapprove any such additional pedestrian and bicycle path improvements prior to the occurrence of such work. 9. Insurance A. During Construction. The Village and its contractors, prior to engaging in the construction, repair, maintenance or replacement of any of the and bicycle path improvements, shall procure, maintain and keep in force, at their own expense, all insurance, or comparable coverage pursuant to an intergovernmental risk management pool, necessary to protect and save harmless the Property and the Commission and its representatives, including its engineers, in such amounts and types as have been approved by the Commission, as well as all insurance policies or risk coverages required by CECO. All policies and certificates of insurance or risk coverage shall include the following designation of additionally insured or covered parties: The Northwest Water Commission and its boards, commissions, committees, authorities, employees, agencies and officers, voluntary associations, other units operating under the jurisdiction and within the appointment of the Water Commission's budget, and the Villages of Arlington Heights, Buffalo Grove, Palatine and Wheeling, and their employees, agencies and officers for their individual interests in the - joint venture. -4- • • B. During Operation. Prior to opening the pedestrian bicycle path for use by the public, and at all times during the operation of the pedestrian bicycle path, the Village shall procure, maintain and keep in force, at its own expense, all insurance, or comparable coverage pursuant to an intergovernmental risk management pool, necessary to protect and save harmless the Commission and its representatives, including its engineers, in such amounts and types as have been approved by the Commission, as well as all insurance policies or risk coverages required by CECO. All policies and certificates of insurance or risk coverage shall include the following designation of additionally insured or covered parties: The Northwest Water Commission and its boards, commissions, committees, authorities, employees, agencies and officers, voluntary associations, other units operating under the jurisdiction and within the appointment of the Water Commission's budget, and the Villages of Arlington Heights, Buffalo Grove, Palatine and Wheeling, and their employees, agencies and officers for their individual interests in the joint venture. 10. Hold Harmless and Indemnity. The Village agrees to, and does hereby, hold harmless and indemnify the Commission and its boards, commissions, committees, authorities, employees, agencies and officers, voluntary associations, other units operating under the jurisdiction and within the appointment of the Commission's budget, and the Village of Arlington Heights, Buffalo Grove, Palatine and Wheeling, and their employees, agencies and officers for their individual interests in the Commission (collectively the "Commission Entities ") from any and all injuries, claims, demands, suits, judgments, executions, liabilities, debts, damages or penalties (collective the "Claims ") arising out of, or resulting from, or alleged to arise out of or result from the construction, operation, maintenance, removal, repair or existence of the pedestrian and bicycle path on the Property. The obligations of the Village under this Section shall be in addition to the obligation to provide insurance or risk coverage under this Agreement. The Village acknowledges that it has chosen to construct the pedestrian and bicycle path in a manner that it may be within or adjacent to manholes or other appurtenances of the Pipeline and agrees to construct and maintain the pedestrian and bicycle path at a level and location and in a manner to prevent the risk injury or -5- damages to users of the pedestrian and bicycle path, and their property, as well as the property of the Commission. The Village agrees to take full responsibility for, and assumes all risk of, any injuries or damages caused to any using the pedestrian and bicycle path and injured, directly or indirectly, due to the place of the pedestrian bike path in proximity to the Pipeline, its manholes and other appurtenances. 11. Defense Expenses. The Village agrees to pay, or cause to be paid, all expenses incurred by the Commission Entities in defending themselves with regard to any and all Claims listed in Section 10 of this Agreement. These expenses shall include all out-of-pocket expenses, such as attomeys' and experts' fees. 12. Subsurface Conditions. The Commission and its engineers shall not be responsible for any interpretations, conclusions, or decisions made regarding the character of subsurface conditions of the Property and property adjacent thereto. Such character and interpretations, conclusions, and decisions regarding such character shall be the sole responsibility of the Village and its contractors, and the Commission and its engineers shall have no liability therefore. 13. General Provisions A. Notices. All notices required or permitted to be given under this Agreement shall be given by either party by depositing the same in the United States mail, enclosed in a sealed envelope with first class postage thereon, addressed as stated in this Section. The address of any party may be changed by written notice to the other party. Any notice shall be deemed to have been given and received within 48 hours after the same has been mailed. The foregoing shall not be deemed to preclude the use of other non -oral means of notification or to invalidate any notice property given by any such other non -oral means. If to the Commission: Mr. David P. Van Vooren Executive Director Northwest Water Commission 1525 North Wolf Road Des Plaines, IL 60016 1A With a copy to: Ms. Barbara A. Adams Holland & Knight LLP 55 West Monroe Street Suite 800 Chicago, IL 60603 If to the Village: Mr. William Balling Village Manager Village of Buffalo Grove 50 Raupp Road Buffalo Grove, IL 60089 B. Amendments. No modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed and delivered by the authorized representatives of the Commission and the Village. C. Changes in Laws. Unless otherwise explicitly provided in this Agreement, any reference to laws, ordinances, rules or regulations shall include such laws, ordinances, rules or regulations as they may be amended or modified from time to time. 14. Binding Effect. All rights, titre and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and insure to the benefit of the parties hereto and to their respective successors, assigns and legal representatives. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers duly authorized to execute same. ATTEST: NORTHWEST W TER OM ISSION w -7- 0 With a copy to: If to the Village: • Ms. Barbara A. Adams Holland & Knight LLP 55 West Monroe Street Suite 800 Chicago, IL 60603 Mr. William Balling Village Manager Village of Buffalo Grove 50 Raupp Road Buffalo Grove, IL 60089 DRAFT 4/21/00 B. Amendments. No modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed and delivered by the authorized representatives of the Commission and the Village. C. Changes in Laws. Unless otherwise explicitly provided in this Agreement, any reference to laws, ordinances, rules or regulations shall include such laws, ordinances, rules or regulations as they may be amended or modified from time to time. 14. Binding Effect. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and insure to the benefit of the parties hereto and to their respective successors, assigns and legal representatives. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers duly authorized to execute same. ATTEST: -7- NORTHWEST WATER COMMISSION By: VILLAGE OF BUFFALO GROVE By: WwAr'z��� EXHIBIT A DESCRIPTION AND DEPICTION OF THE PROPERTY W 1700 R NORTH PART Lake Cook Rd HER I PART OWN GROSS PROJECT LENGTH = 11,900 LIN. FT. = 2.25 MILE EXHIBIT B PLANS AND SPECIFICATIONS [To be added] -1- BURKE, WEA , PRELL, HOLLAND & GH r A Law Office of HOLLAND &KNIGHT LLP Atlanta Northern Virginia Boston Orlando Bradenton Providence 55 West Monroe Street Chicago San Francisco Suite 800 _ Fort Lauderdale St. Petersburg Chicago, Illinois 60603 - VILLAGE CF IZO, k; s. Jacksonville Tallahassee _:.;`.� Lakeland Tampa 312 - 263 -3600 Melbourne Washingtm D.C. FAX 312- 578 -6666 APR 2 5 2000 ' Mexico City West Palm Beach www.hklaw.com Miami RWmKWe OfTim New York BumAaes PUBLIC WORKS Tel Aviv i� April 24, 2000 BARBARA ADAMS Internet Address: badams@hklaw.com VIA FEDERAL EXPRESS Mr. Greg Boysen Director of Public Works Village of Buffalo Grove 51 Raupp Road Buffalo Grove, Illinois 60089 VIA FEDERAL EXPRESS Mr. Craig Anderson Village Manager Village of Wheeling 255 West Dundee Road Wheeling, Illinois 60090 Subject: Northwest Water Commission -- Pipeline Crossing Agreement Dear Greg and Craig: Enclosed for review by each of your Villages, and by your Boards of Trustees, is a draft Pipeline Crossing Agreement for the joint Buffalo Grove - Wheeling Bicycle Path Project. This Agreement is based on the terms of an agreement recently negotiated between the Commission and the Prospect Heights Park District for a similar bicycle path project. Other than the changes in the names and locations, the most significant change is in Section 5, which waives the permit application fees for each Village because the Villages are taxing bodies within the Commission's boundaries. Section 7 of the Commission's Pipeline Crossing Ordinance (No. 88 -3) allows the Commission to make this waiver. I am asking Dave Van Vooren to schedule this Agreement for the May 3 meeting of the Board of Commissioners. If you have any questions, please feel free to call. Very truly yours, & ,ul Barbara A. Adams BAA/ Enclosure cc: David P. Van Vooren (w /encl)(Via Federal Express)