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HomeMy Public PortalAboutResolution 1147R RESOLUTION NO. 114 7 A RESOLUTION AUTHORIZING THE EXECUTION OF A CERTAIN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS AND COMMONWEALTH EDISON COMPANY, AN ILLINOIS CORPORATION NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: That the President of the Village of Plainfield is hereby authorized to execute, and the Clerk of the Village of Plainfield is authorized to attest to a certain easement agreement between the Village of Plainfield and Commonwealth Edison Company attached hereto and made a part hereof as Exhibit "A". PASSED THIS 15 t h DAY OF April _ __ _ _ _ _ , 1996. AYES: Dement, Lambert, Rock, Smolich, Stalzer. NAYS: p ABSENT: Heimerdinger APPROVED THIS 15th DAY OF April , 1996. ~~~ VILLAGE PRESIDENT ~~~ 04-22. 96. 02:5$, PM ..- . . ~~ ~ ~oz wE DATe ANAAIDI Avril 22. 7 egg PRODUCER Arthur J. Gallaahar & Co. -Chicago Metro 1101 31st Street, SuRa 100 P.O. Box 378 Downers Grove, IL 80616 INSURED; 80UTNWEBT AGENCY FOR RISK MANAGEMENT (SWARMI c/o VILLAGE OF PLAINFIELp Attn: Pat McDonald 14Q0 North Olvlslon Strgat Plalnflsid, IL 80544 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFDRMATION ONLY ANp CONFERS NO RIGHTS UPON THE CERT'IFtCATE HOLDER. TMIB CERTIPICAT'E DOES NOT AMEND, EXTEND OA ALTER THE COVQRAQE AFRORDt;O 8Y THE POLICIES BELOW. Companiki-s Affolding CovaraSe ~°""~°'" Lanar A Grsst American '' 8 Safety National Casualty Corporation Comp~rry LMar C c°"'°M" D LMw cemwnr ~ lwav Thle C9Nf IaM or ln+uranea~ er ®InOer evidsno++ tlt• Nmtq oI llabmty In Nhq et 1n0 inpotplbn e~ the Dolicie+ +hown. Noks dt+ apprp+y Iknll+. M any. All clalme p9id exhwst the ats Ilmlb pnd roduce the am0unk of Insurance in Toros. THIS IB TO CERTIFY TWAT POLICIES OF INSURANCE LISTED AElpW h1AV6 BEEN ISSUED TO TWE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQTVyITWST/-NDINO ANY REOUIRE'MENT, TERM OR CONDRION OP ANY CONTRACT OR OTWER DOCUMENT WITH RESPECT TO WHICH THI8 CFRTIF7CATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED eY THE POLICIES Ot:SCRIeED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI'nONa OF SUCW POLICIES. LIMITS SWOWN MAY WAVE SHEN REDUCED BY PAID CLAIMa. cn TYP! Of INSUMNCE POLJCY NUAA®FR PoLlar srrttaTlvs roLl~r LTR OATC (MMIO DHYI l9tPIMTION bATL A arM-el llebllity PAC t307Z414 6/t71 /86 6/0') /90 © Carttrnatdal General Llablll~ ~ Claims Made ® ~~~ ^ Owners' 6 CvrnnCtOrs' F'roteadrs ^ Con+~actwl Llablllpr q ~ AIYIe~Uebltlly PAC Q07~414 5/01 /86 5/01 /ge All Owned Autos SehedUlafl auma Hired Aube ^ NonoNmttd Autos ~ierege Liability p Any Auto a ~cCees Liability ^ Um6ralla Farm [~ Ofher Then Umbrrlla Form g vrarirarla' Compenaetlon end AGC 1$Q7 (! 5/01 /85 5/01 /86 fmpley~rs' liability The ProprlelodPaMan/ FxecutM Omaers ar.: 8 Inol. E7eW. Qthsr Commonwealth Edison P O Box 787 chlcsao, IL eo~so ItEms: FiE: Easement agreemer LIMITS GEN+~'~~ ~ _ • 000 PAOOUCTB-0OMPL@TEO B 3 000 000 . , OPEIiATION$ AGf;tREQnTE PERBONALAADVfwRTIBM6 B 1 000 000 , . IN U + t o00 FIRi DAMApE (Any an. nrs) 0 60,000 MLWG1l ExrcNac Wn i 6 000 erw Pwron) , cDMO1NEv SINOI.E Luau + 1,OOD,000 NDpILY IN.IURY tPa Pw~en) + o001LY INJURY , (~'AadosM) PROPERTY DAMAAE + ON Y oTlta Truw Auro pNLY: : EACHACCroENr ~ AG6REOATE e iACW occuRaENCe ~ AIiORE4ATE : i X STATUTORY EACN ACCIDENT + 1,000.000 DNiF/18E-rDtJCYLIMIT + 1,000,000 DreeASe . each r.MFLDYr~ + 1,000,000 t of 135th WetAr IUTAIn eFrgI1LD ANY of THp A$OYk401'aCR19EO roLlcl~ es cANCQIJ:D et2FOR6 TTIt IDfPIRATIDN GATE TNERSCF, TN6 ISBUMO COMPANY tMLL END6AVDR TO MAIL 90 DAYS IMRIT7'EN NOTIOr 1'O TNF ClRTIFICMI: MOLDlR NAMED T'q T11E LErT, eu'r FAIWRE TO MAIL BUCK NOTICE $tIALL aaDoeti NO oeul;tATION oR WeIL1iY CJ: ANY 14ND uPON TII[ Do . rr8 A6lNTa OR REPREer.NTATIYF.s A+d~Rl011~rNadva u yeu new ~nr quNtan.. Pleaes an own. Psrrlos M troe~ ees~a Ti-IIS AGREEMENT, Made (his 281Ft day of March, 1sst3, by and between coMMoNWEALTI-I EdISON coMpANY, an (lllnois Carporatian, p.o. Rox 787, Chicago, Illlnots 817690-17787, (hereinafter referred (v as "Grarttnr"), artd Village a- hlelnlield a rnunicfpal corporat(ari of hlinois, (hereihafter referred to as "Grantee"); W11-NES5ET1-i: Tha! Grantor, far and in cons(derallort aF the payments of Ten Dvliars (~1o.oU) and olhrar good artd valuable consideration by the Grantee, receipt of which is hereby acknowledged, and In consideration of lire covenants, agreements and conditfans hereirtafler cantalned on the .part bf the Grantee (o be made, perforated, kept ahd observed, by Ti-IES~ pR~5ENT5 DOES GIVE AND GRANT unto Grantee, iivilhout warranty, a perpetual certterlihe easernehl, far the right and privilege to install, use, operate, maintain, replace and rentave 1- 12 ihch watermain v~ilhout ahy manholes, appurlenahces ar deviatioh trom plan thereof, (hereinafter referred (o as''Facilily"), in; uhder ahd across parcel Numbers 103 & 103W-i of Grantor's Joife! Crystal Lake high! 01 Wgy located in the Southwest quarter of 5ectian 33, TaWnship 37 North, F~ahge s East of the Third Principal Meridian, Will County, Illinois. The sa(d Facility is lobe installed along the centerline as Shawn on Robert E. i-lamillori Ehgiheering drawing Street ~ of d marked Exh(bit "A" attached hereto and made a part hereof. Titis grant is made by Grantor ahd accepted by the Grantee under tine following terms ahd conditions: FIRST: Grahlee shall notify Grantor in writing at leas! forty-eight (48) hours in advance, except in case of emergshcy and in case of routine -nspeclion 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 cart have a representative or representatives present at such lime or limes if It so desires; said prior notice shall be directed to Grantor's Regional Rtyhk-af-Way gge11t In Joliet, Illinois, telephone number (815) 7~7-5703, yr such other person designated by Grantor, and Grantee agrees that any work to sold properly shall be done to tf~e 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 Granter for its written approval and nv work shall be commenced until such written approval has been obtained. THIRb: Grantee agrees io reimburse Grantor and its grantees, lessees or licensees i`or any expense Incurred in protecting or rearranging their facilities due to the installation, operation, maintenance ar removal of said Facility. Protective barriers must be placed around the two South Tower legs of our Western (Most Tower. (See Spec. C-9520. i attached). FOURTH: At all limes governed by the Agreement, Grantee shall conduct its operations and otherwise use or occupy Grantor's property hereunder in compliance with all applicable Environmental Laws and shall not cause any Hazardous Material tv be Introduced to or handled on Grantor`s property hereunder. Grantee shall defend, indemnify and hold harmless Grantor, Its successors, assigns, officers, direckers, shareholders, agents, representatives and employees from and against any suits, damages (including, but not limited lo, consequential damages), losses, claims or causes of action, demands, injuries, casts and expenses of any kind including, without limitation, court costs, expenses, attorney and 2 'F ~ - consultant fees, whether asserted under Environntenlal Laws or at common law, arising out of or related to any breach by Grantee of the environmental covenants set forth above; any violation by Grantee of any Environmental Law; ar the presence, release or threatened release of any I-lazardous Material at, on or beneath Grantee's property caused by Grantee, its agents, or any entity in privity With or providing a behefit to Grantee. As used in this section, the terra Environment Laws shall mean ail federal, state and focal statutes, regulations or ordinances relating to the protection of health, safety or the enviranrnent including, without limitation the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and all similar stale and local laws now or hereinafter enacted or amended. Hazardous Materials shall mean any waste, pollutant, toxic substance or hazardous substance, can#amindnt yr material regulated by any Environmental Law including, without limitation, petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls, The foregoing covenants and indemnificattan obligations shall survive any termination of this Easement Agreement. FIFTH: Grantee shall indemnify and save harmless the Grantor, its officers and employees, from all claims, illigatiory 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 an account of damage to any property, or on account of Toss or interruption of electric service, caused by, connected with, ar to any way attributable lo, 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 employees in any such Iltigativn, if Grantor requests Gran#ee to do so. 3 51XT1-I: Grantor shall not be liable to Grantee fnr damage to the Facility due to the installation, operation, maintenance or removal of any present or future facilities of Grantor in Grantor's property. SEVENTH: Grantee agrees that any equipment used in the installation of the Facility shall hot exceed fourteen (14) feet in height; that na blasting will be done, and that suitable -narkers 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. EIGI-ITH: Grantee agrees to obtain al Its sole cost and expense such permits, licenses or other authority which may be required from the State of Illinois, the County of Will, and any other authoNties having jurisdiction, before Using said premises far the purpose herein proposed and agrees to comply with and strictly observe any aril all laws, rules, statutes and regulations of any such authorities. NINTH: Grantee agrees to require its contractor, before commencing the work aF Installing, repairing, replacing or removing the Facility to purchase and maintain, ar, at the option of Grantee, tv Itself purchase and maintain, at the cost of Grantee or its contractor, a policy ar policies of insurance issued by good and responsible insurance companies and in a farm satisfactory to Grantor as follows: 'I ~) Workers' Compensation Insurance Policy; Coverage A - To pay promptly When due all compensation and other benefits required of the insured by the workers' compensation law. Coverage 8 - Employers' Liability: To pay on behalf of the insured with limits not less than $50D,OD0 each accident/occurrence all sums which the Insured shall become legally obligated to pay as damages because of bodily injury by acc(dent or disease, including death at any time resulting therefrom. Coverage A and Coverage 8 will cover all contractors, subcontractors, and their subcontractors; ~•) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of $3,OOD,OOD for bodily 4 injuries to yr death of one or more persons and/or property damage sustained by one or more arganixatlons as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Cornmonweahh Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 20110 or CG 2U10. Eodily Injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any tiros resulting therefrom. property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (z) Toss of Use of langibie property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. There shall be furnished to Grantor, prier to commencing the work of installing, repairing, replacing or removing the Facility, a certified copy of each policy of Insurance nr a Certificate of Insurance issued pursuant to the requirements contained in subparagraphs (1) and (z) of this paragraph. Insurance coverage as required herein in subparagraphs (1) and (z) 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 vn property owned by Grantor and there shall be nv exclusions in any of said policies not approved by Grantor. TENTi-I: The rights herein are granted subject to any use now made of the hereinbefore described property by Grantor, its grantees, licensees and lessees, and should Grantor desire to make any use of its property with which the paciiity will in any manner intetfere, Grantor shall deliver to Grantee a written notice. describing such proposed use and stating that said Facility Will intertere with such proposed use. With the notice shall be an estimate of any additional costs Incurred by Grantor if its proposed conslruclion is altered to avoid or minimize interference with the Facility. Grantee shall, at its cosk and expense, commencing ninety (9l7) days after receiving such notice from Grantor, (1) make such changes in said Facility as in the judgment of Grantor may be required to avoid or minimize such interterence, including relocation of the Facility tv another location designated by Grantor 5 in its properly yr t~) notify Grantor within twenty (20) days of receipt of such notice, that It elects (o reimburse Granter for said additional cost. ELEVENTH; Any electrolysis mitigating methods er equipment used in connection with Grantee's Faclllty shall be coordinated with methods or requirer-tents of Grantor and Grantee agrees to provide and install, at its sole cost and expense, such equipment as may be necessary (o mit(gate any electrolysis caused by the presence of said Facility in Grantors property. TWELFTH: Grantee agrees to pay Grantor, its grantees, licensees, lessees, successors or assigns, for any and all damage and expense which they yr any of them, may sustain or be put to because of damage tv any property of Granter, its grantees, licensees, lessees, successors or assigns, including but not byway of (imitation, damage to craps, fences, pasture lands or livestock, on account of the installation, operation, maintenance, repair, replacement yr removal of the Facility and Grantee agrees, upon completion of said work to replace all back tilling material and surfacing material in a neat and workmanlike manner and to leave Grantors property in a neat, clean and orderly condition. Grantee agrees to install said Facility in Grantor's properly by the double-ditching method, which method is defined as follows: Grantee's contractor shall first strip and stockpile all the topsoil from Grantors property in the first stockpile and in a second stockpile place aft remaining excess spoil; then upon completion of the installation of the f=acillty in the excavated trench, the centractor shall backliil the trench with the excess spoil from the second stockpile and compact the replaced earth and then replace and restore Grantors property with the remaining topsoil from (he first stockpile to its initial pre-canslrucllon depth and elevation and re-dress all areas in Grantors property disturbed 6y the installation of said Facility. Also, all excess spoil, rocks and debris must be removed from Grantors property upon completion of work by Grantee's (a contractor or Grantee. Grantee agrees that there shall be no impaimnent of natural drainage or of installed drainage facilities occasioned by the construction, installatian, 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 arise 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. FQURTEENTH: 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 (18) 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: Gran#ee agrees that Grantar and or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvement. 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, Grantar may give written native of 7 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 (fi0) 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 for a period of twelve (12) consecutive months, Grantee's rights and authority hereunder, without the necessity of any notice to Grantee, shall terminate forever. Upnn 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 expenses incun'ed 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 hereunder, arising from any acts, omissions or events occurring prior to such termination nor reimbursement for Grantor's expenses incurred under this paragraph after such termination. 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 8 certified copy of said Resolution shall be attached hereto and made a part hereof as evidence of the authority herein exercised 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 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 wri#ten. ATTEST: COMMONWEALTH EDISON COMPANY By Real Estate Manager VILLAGE OF„[~LAINFIELD ey This Instrument prepared by R. 1". Larson on behalf of Commonwealth Edison Company, P,O, 9ox 767, chlcago, IL 6tl690. `~ STATE OF ILLIN015 ) COUNTY OF ) SS '' , a Notary Public, in and for said County in the State aforesaid, do hereby certify tha# R. O. Wulf, Real Estate Manager of COMMONWEALTH EDISON COMPANY, an Illinois Corporation, personally known to me to be the same person whose name is subscribed to the foregoing instnament as such Real Estate Manager of Commonwealth Edison Company appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said company for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 1996. Notary Public My Commission Expires:., STATE OF ILLINOIS ) 5S COUNTY OF ) I, e. rvd ~n~, r-~'L • , a Notary Public, in and for said County in the State aforesaid, do hereby cert that S' Do„~., ~ ,personally known to me to be the Pre#sof~he Village of Plainfield, and ~~~~.~ M ..~--,~,v,,~ I prr+. ~ ~~ , personally known to me to be the Clerk of said Village, both of whom re personally known to me to be the same persons whose names are subscribed to the acceptance of the foregoing instrument as such President and Clerk, appeared before me this day in person and acknowledged that they signed and delivered 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 act of said Village for the uses and purposes therein set forth, pursuant to a written resolution duly passed by the President and Board of Trustees of said Village on the ~~ day of h• , A.D. 195 A Given under my hand and notarial seal this ~ ~%~ day of A. D_ 1996. Q Nota ublic My Commission Expires, ^^+~vv~,xtiw,nA,., OFF~~~AL SEAL QARE,gRq KUJATH k:VdmgUarsonlpla96.doc NotgpY FU9L1C, STATE OF ;LUN018 MY COMMIu;;~rN EhPli1~5: 10/12/88 :o'~:tt Q' ~ t uer u ~t• tea: a~ueu~'~=-~ ~,ual~s~s~,. ~~ ti WN i _~ p~ W p~ U W I a: Q J. ~ •1 I ~. .I ~ I ~1 ,1 i I ~~ ~_ (~ ~~ ,,max~~,, N~ ~ wig wm ~~ ~N .;:}; • I ~~~:~. I ... ~:. t~.t~:•.•: :, :~:~~ .I r . . <k`: ~$~:'~ 4 i ; ~:--:~~--.-:~. a 7 M : ~j~.~:~y.~~~ _,~,~ ~t H ~. t':...: 1 ~ ~•'l~ !~ z ' ~. .•. ~. ~.. . I z 1 W ~+ ...t'' :'~ F ~ . ~ .~ it :•'.'.r.~'.: .: ~ . ~ 0.~ •.I.a' ~~ !~1 1 g: ~+ l.~ 0 N H Ltl W z 0 0 S~/•J ~ 1 = ~ 251 ~~ d ~ i I ~~ ':I i,.:::"..~ 1 ~ - ' " r 1 :p I ~ • 1 '~?"1: ~d ~? t • 4 1 ~~:1~:...,... ~~~ 1 1 1 I r .. ~ ~ • 11 • . . rrh~~ '.' I ~ I ~ .,I I ' NIN ~ I I . I r ~ :f ;~; i !I ~ 'p . , I '~ 1 ~K' 1 '~' :K~ I .W: :~,,. ~... 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