HomeMy Public PortalAbout05-11-2020 Special Meeting and COW Agenda and PacketSpecial Meeting and Committee of the Whole Workshop of the President and
the Board of Trustees
Monday, May 11, 2020
7:00 PM
24401 W. Lockport Street
Plainfield, IL 60544
In the Boardroom/Virtual
ALL MUNICIPAL BUILDINGS ARE CLOSED TO THE PUBLIC
Agenda
A.CALL TO ORDER, ROLL CALL, PLEDGE
B.PUBLIC COMMENTS (3-5 minutes) -
•Please email public comments by Monday, May 11, 2020 at 3:00 p.m. to
publiccomments@goplainfield.com, please note Public Comments in the email subject line.
•Village Meetings are livestreamed on the Village’s Website -
https://plainfield-il.org/pages/agendasmeetings, click “in progress” when available.
•Live meetings are broadcast on Comcast Channel 6 and AT&T U-verse Channel 99.
C.BUSINESS MEETING
1.APPROVAL OF THE AGENDA
2.TRI-RIVER POLICE TRAINING LEASE AGREEMENT
2a.Seeking Board consideration of a motion to authorize the Village President to execute a
renewal of the lease agreement with Tri-River Police Training, Inc. to lease a portion of
the Plainfield Law Enforcement Facility for a period of five (5) years with payment of
lease to the Village for $2,000 per month.
Tri-River Lease Agreement Staff Report
3.TIME-LIMIT PARKING ORDINANCE
3a.Seeking Board consideration of a motion to adopt Ordinance No. _____, an ordinance
Repealing Chapter 5, Article VI, section 5-172.1(b), and amending Chapter 5, Article
VI, sections 5-172.1(c) and (d) of the Village of Plainfield Code of Ordinances.
Time-Limit Parking Staff Report and Ordinance
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Special Meeting and Committee of the Whole Workshop of the President and the Board of Trustees
Page - 2
D.ADJOURN
COMMITTEE OF THE WHOLE WORKSHOP
A.CALL TO ORDER, ROLL CALL
B.APPROVAL OF THE MINUTES
B1.Approval of the Minutes of the Special Meeting and Committee of the Whole Workshop
held on April 27, 2020.
04-27-2020 Special Meeting Minutes
04-27-2020 COW Minutes
C.PRESIDENTIAL COMMENTS
D.TRUSTEES COMMENTS
E.PUBLIC COMMENTS (3-5 minutes) -
•Please email public comments by Monday, May 11, 2020 at 3:00 p.m. to
publiccomments@goplainfield.com, please note Public Comments in the email subject line.
•Village Meetings are livestreamed on the Village’s Website -
https://plainfield-il.org/pages/agendasmeetings, click “in progress” when available.
•Live meetings are broadcast on Comcast Channel 6 and AT&T U-verse Channel 99.
F.WORKSHOP
F1.DES PLAINES STREET PARKING AGREEMENTS
Staff is working cooperatively with Plainfield Township and the developers of a
proposed mixed-use hotel and restaurant development on Des Plaines Street to
construct additional public parking in the downtown area. Staff intends to provide an
overview of the proposed parking plans and associated agreements in advance of formal
consideration of the agreements and development approvals.
DesPlaines Parking Staff Report
REMINDERS -
•May 13 Coffee with the Mayor – Cancelled
•May 14 Historic Preservation Commission – 7:00 p.m.
•May 18 Village Board Meeting– 7:00 p.m.
•May 19 Plan Commission – 7:00 p.m.
•June 8 Next Committee of the Whole Workshop – 7:00 p.m.
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MEMORANDUM
To: Mayor Collins and Trustees
From: Chief John Konopek
Date: April 29, 2020
Re: Renewal of Lease Agreement with Tri-River Police Training Region, Inc.
Background Findings
In 2015 the Village entered into a Lease Agreement with Tri-River Police Training Region, Inc. (“Tri-River”) for that
portion of the Village’s Law Enforcement Center previously occupied by WESCOM. Tri-River seeks to re-new the
Lease Agreement for the premises, for the purpose of continued operation and development of Tri-River’s in-
service training programs for law enforcement.
Pursuant to the attached Lease Agreement, Tri-River will lease the premises for a term of five (5) years, subject to
the terms and conditions of the initial lease, with payment of rent to the Village in the amount of Two Thousand
Dollars ($2,000.00) per month.
Policy Considerations
Execution of the Lease Agreement does not present or create any policy considerations. The Village is authorized
under State law to enter into the Lease Agreement with Tri-River.
Financial Considerations
There are no financial considerations for the Village.
Recommendation
The Lease Agreement is brought forward for Village Board discussion and approval.
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LEASE AGREEMENT
THIS LEASE AGREEMENT, effective as of this 1st day of April 2020, is by and
between the VILLAGE OF PLAINFIELD, an Illinois Municipal Corporation,
(hereinafter the “Landlord” or the “Village”) and TRI-RIVER POLICE TRAINING
REGION, INC., an Illinois Not-For-Profit Corporation, (hereinafter “Tri-River” or
“Tenant”) (hereinafter individually a “Party” and collectively the “Parties”).
WITNESSETH
1. PREMISES.
The Village, for and in consideration of the rents herein reserved and the
covenants and agreements hereinafter contained and made as part of this Lease, does
hereby demise and lease to TRI-RIVER, and TRI-RIVER does hereby lease from the
Village, a certain portion of the building commonly known as the Plainfield Law
Enforcement Center (hereinafter the “Plainfield Law Enforcement Center”) located on
the property commonly known as 14300 S. Coil Plus Drive, Plainfield, Illinois (the
“Property”), in the County of Will, State of Illinois, being more particularly described in
Exhibit “A”, attached hereto and made a part hereof, consisting of approximately two
thousand (2,000) square feet of building space, together with all the Village easement
rights and appurtenances thereto, all improvements now located thereon, and all
necessary easements and appurtenances in highways, roads, streets, lanes, parking areas,
whether public or private, (hereinafter collectively the “Leased Property”), reasonably
required for the operation and development of in-service training programs for law
enforcement.
2. LEASE TERM AND TERMINATION.
The term of this Lease shall be five (5) years, commencing on the 1st day of April
2020 (hereinafter the “Commencement Date”) and expiring on the 31st day of March
2025, inclusive, unless sooner terminated as hereinafter provided. In addition to any
other available legal or equitable rights or remedies, either Party may terminate this Lease
at any time and without cause by giving written notice to the other Party of such
termination and the effective date thereof at least ninety (90) calendar days before the
effective date of such termination.
Notwithstanding the foregoing, in the event the Tenant is denied its appropriation
by the agency of government under which the Tenant operates, this Lease may be
terminated upon thirty (30) days written notice to the Landlord. A copy of the loss
appropriation documentation shall be enclosed with said written notice to the Landlord of
termination of the Lease. In such case, the Tenant may vacate the Leased Property
without penalty.
The Landlord may also terminate this Lease upon an event of default as set forth
in Paragraph 16 below. Upon termination of this Lease pursuant to this Paragraph 2,
neither Party shall have any further obligation or liability to the other Party, other than 4
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any obligation or liability that accrued under the terms of this Lease prior to the effect
date of such termination.
3. RENT.
The Tenant shall pay rent for the Leased Property to the Landlord in the amount
of Two Thousand Dollars ($2,000.00) per month ($24,000.00 per year). Such rent shall
be due for each month or part thereof commencing on the Commencement Date and
continuing through the term of the Lease. Beginning on the Commencement Date and
continuing through the term of the Lease, all rent due and owing under the term of this
Lease shall be payable in advance on the first day of each calendar month for which the
rent is due. All payments of rent shall be made to the Village without deduction, set off,
discount or abatement in lawful United States currency.
4. UTILITIES.
All utilities for the Leased Property shall be paid by the Landlord.
5. SUBORDINATION.
Tenant will, upon written demand by the Landlord, execute such instrument or
instruments as may be required at any time and from time to time to subordinate the
rights and interests of Tenant under this Lease to the lien of any first mortgage or bonded
indebtedness at any time placed on or otherwise effecting the land of which the Leased
Property is a part; provided that such subordination shall not effect Tenant’s rights to the
possession of the Leased Property provided Tenant is not in default under the terms of
this Lease, and shall not require Tenant to absolve the Landlord from any prior default of
its leased obligations and in this regard, Landlord shall use its best efforts to obtain a non-
disturbance agreement from such mortgagee, or bond holder, (or owners or holders of
any note or notes secured by trust deeds or from the trustee or trustee under any trust
deeds) to the effect that if Landlord, or its successors and assigns, shall default under any
such mortgage or bonded indebtedness, the mortgagee (or owners of holders or trustees
as aforesaid) or bond holders will not, in enforcing their rights thereunder, disturb
Tenant’s possession under this Lease so long as Tenant is not in default hereunder.
6. AUTOMOBILE PARKING.
This Lease shall include adequate spaces for parking by Tenant’s employees and
designees for business purposes, at a location upon the parking lot adjacent to the Leased
Property as designated by the Landlord.
7. VILLAGE’S WARRANTIES AND COVENANTS.
The Landlord hereby covenants, represents and warrants as follows:
7.1 Representation as to Conditions. The Landlord believes there are no
substantial or material defects in the building or improvements on the Leased Property
which would not be ascertainable on inspection thereof. 5
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7.2 Building Code Violations. The Leased Property currently meets all
existing building and health code requirements and there are no notices of violations
pending.
7.3 Structural Repairs. The Landlord shall maintain and keep in good order
and repair the foundation, floor slab, exterior walls, steel frames, roof and underground
utility lines of the Leased Property.
8. TRI-RIVER’S WARRANTIES AND COVENANTS.
TRI-RIVER hereby agrees, covenants, represents and warrants that during the
term of this Lease:
8.1. Liens and Encumbrances. Tenant shall not do any act which shall in any
way encumber the title of the Landlord in and to the Leased Property, nor shall the
interest or estate of the Landlord be in any way subject to any claim by way of lien or
encumbrance, whether by operation of law or by virtue of an express or implied contract
by Tenant. Any claim to, or lien upon the Leased Property arising from any act or
omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be
subject and subordinate to the paramount title and rights of the Landlord in and to the
Leased Property.
Tenant agrees not to cause or have caused the Leased Property to become subject
to any lien, charge, or encumbrance whatsoever and to indemnify and keep indemnified
the Village its officers, trustees, agents, representatives, employees, against all such liens,
charges and encumbrances. Tenant further agrees to keep the Leased Property free of all
liens and claims for labor performed on and material delivered to the Leased Property. If
a lien is placed on the Leased Property resulting from any such labor or material or
construction on or to the Leased Property resulting from any act of Tenant, Tenant shall
cause such lien to be removed. If said lien is not removed within thirty (30) days after
written notice thereof from the Landlord to Tenant, then the Landlord shall have the right
and privilege at Landlord’s option of paying the same or any portion thereof without
inquiry as to the validity thereof, and any amount so paid will become additional rent due
from Tenant to Landlord.
8.2. Examination and Condition. Tenant has inspected and knows the
condition of the Leased Property and accepts the Leased Property in its existing
condition. Tenant is satisfied with the present and future suitability of the Leased
Property for the intended use and acknowledges that no oral or written representations as
to the condition and repair of the Leased Property have been made by the Landlord or its
agents, prior to or at the execution hereof which are not expressed in this Lease.
8.3. Fire Hazards. Tenant shall not keep, store or use on the Leased Property
any inflammable or explosive materials or liquids.
8.4. Compliance with Laws. Tenant shall refrain from violating any
prohibitive provisions of any state, county and/or municipal laws, ordinances, rules or
regulations relating to the use and occupancy of the Leased Property. 6
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9. USE, ALTERATIONS AND TITLE TO IMPROVEMENTS.
The Leased Property shall be used and occupied for the sole purpose of the
operation and development of in-service training programs for law enforcement, as
related to the ordinary course of Tenant’s business. Before Tenant alters or changes any
part or portion of the improvements upon the Leased Property, it must obtain the written
consent of the Landlord. Tenant may, upon termination of this Lease or any renewal
hereof, remove all fixtures, equipment, apparatus and machinery which it may have
brought into or upon the Leased Property prior to, or during the term hereof, and same
shall be deemed the sole and exclusive property of Tenant without regard to the manner
of its attachment or affixation to the Leased Property. Tenant shall not be required to
remove any such alterations, additions or improvements, and Tenant’s failure to do so
after the expiration of such period of thirty (30) days after the expiration of the term of
this Lease and any extensions or renewals thereof, shall be deemed to be an abandonment
thereof whereby the same shall thereupon be and become part of the real estate with title
thereto vesting in the Landlord.
10. INDEMNIFICATION AND WAIVER.
Tenant will protect, save and keep the the Village including its officers, trustees,
agents, representatives and employees, forever harmless and indemnified against and
from any liabilities, obligations, claims, penalties, damages, causes of action, costs and
expenses (including without limitation reasonable attorneys’ fees and expenses) imposed
against the Leased Property or the Village for (a) any violation by Tenant, or those
holding under Tenant, of any laws or ordinances; (b) any accident or other occurrence on
or about the Leased Property resulting from the negligence of the Tenant which causes
injury to any person or property; and (c) any failure of Tenant, in any respect, to comply
with and perform the requirements and provisions hereof.
Tenant waives all claims it may have against Landlord for damage or injury to
person or property sustained by Tenant or any persons claiming through Tenant, resulting
from any part of the Leased Property or any of its improvements, equipment or
appurtenances becoming out of repair, or resulting from any accident on or about the
Leased Property due to the negligence of the Tenant, or resulting directly or indirectly
from any act or neglect of any person, including Tenant, to the extent permitted by law.
This shall include, but not by way of limitation, damage caused by water, snow, frost,
steam, excessive heat or cold, sewage, gas odors, or noise, or caused by bursting or
leaking of pipes or plumbing fixtures, and shall apply equally whether any such damage
results from the act or neglect of Tenant or of any other person, including Landlord to the
extent permitted by law, and whether such damage be caused by or result from any thing
or circumstance above mentioned or referred to, or to any other thing or circumstance
whether of a like nature or of a wholly different nature. All personal property belonging
to Tenant or any occupant of the Leased Property that is in or on any part of the Leased
Property shall be there at the risk of Tenant or of such other person only, and Landlord
shall not be liable for any damage thereto or for the theft or misappropriation thereof.
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11. ACCEPTANCE.
Tenant accepts the Leased Property “as is” and without any warranty or
representation by Landlord as to the condition of the Leased Property or the condition or
operations of fixtures or systems located on or at the Leased Property as of the
Commencement Date, including but not limited to the existing plumbing system, fire
sprinkler system, lighting system, air-conditioning system, heating system and/or loading
doors.
12. OBLIGATIONS ON TERMINATION.
Tenant shall, upon termination of this Lease for any reason whatsoever, or upon
termination of Tenant’s right to possession of the Leased Property, tender immediate
possession of the Leased Property to the Landlord in as good condition and repair,
reasonable wear and tear excepted. Conditions existing because of Tenant’s failure to
perform or cause to be performed maintenance, repairs or replacements as required herein
shall not be deemed “reasonable wear and tear”. Tenant shall, upon termination of this
Lease for any reason whatsoever, or upon termination of Tenant’s right to possession of
the Leased Property, deliver the keys to the Leased Property to the Landlord.
13. INSURANCE.
Tenant shall maintain, at its sole expense, all reasonable insurance coverage
including fire and extended coverage covering all possible casualties, to the full
replacement cost of the Leased Property including the improvements and any furniture,
fixtures, equipment and the like located therein, which insurance shall be issued by a
company or association approved by the Landlord and which policy or policies shall
name Landlord and Tenant as insured’s as their interests may appear. In addition thereto,
Tenant shall maintain, at all times during the term of the Lease, at its own expense, for
the mutual benefit of Landlord and Tenant, general public liability and property damage
insurance with carriers approved by Landlord, against claims for personal injury or death
or property damage occurring in, on or about the Leased Property or to the limit of not
less than $1,000,000 in respect to the bodily injury and $100,000 in respect to the
property damage. Tenant shall deliver to Landlord a certificate of insurance upon
request.
14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS.
In the event the improvements located on the Leased Property are damaged to the
extent of fifty (50%) percent or more of their replacement value by fire, explosion or any
other casualty, then Tenant may elect, by serving written notice to the Landlord within
thirty (30) days of the date of injury, to either terminate this Lease or continue in
occupancy. If Tenant elects to terminate the Lease, Tenant shall immediately surrender
the Leased Property and be responsible only for the rent due to the date of the damage. If
the improvements are not damaged to the extent of fifty (50%) percent or more and the
Landlord elects to restore or replace the building and other improvements located on the
Leased Property and Tenant elects to continue in occupancy, Landlord shall promptly and
within a reasonable time after receipt of the proceeds of insurance and all necessary 8
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permits and governmental approvals commence to restore the leased portion of the
building and improvements which existed prior to the injury or replace said building and
improvements with a building and improvements of at least equal value. Tenant may
terminate this Lease if Landlord has not commenced to restore or replace the building and
improvements on the Leased Property within sixty (60) days from the date of the damage.
In such event, the Parties shall be relieved of all further obligations under this Lease. If
the Parties elect to terminate this Lease pursuant to the provisions of this Section, the
Landlord shall be entitled to receive all of the proceeds on the insurance required under
Paragraph 13, and Tenant shall release and waive its rights thereto.
15. HOLDING OVER.
Any holding over by Tenant of the Leased Property, after the expiration of this
Lease, shall operate and be construed to be a month-to-month tenancy, upon all of the
other covenants and agreements contained in this Lease. If Tenant continues to hold over
after written demand by Landlord for possession at the expiration of the Lease or after
termination by either Party of the month-to-month tenancy created pursuant to this
Paragraph, or after termination of the Lease or of Tenant's right to possession pursuant to
Paragraph 17 below, Tenant shall pay monthly rental at a rate equal to double the rate of
rent payable hereunder immediately prior to the expiration or other termination of the
Lease or Tenant's right to possession. Nothing contained in this Paragraph shall be
construed to give Tenant the right to hold over at any time and Landlord may exercise
any and all remedies at law or in equity to recover possession of the Leased Property.
16. DEFAULTS.
Tenant agrees that any one or more of the following events shall be considered an
“event of default” as that term is used herein:
(a) The Leased Property is levied upon by any revenue or similar officer; or
(b) A decree or order appointing a receiver of Tenant’s property is made
and such decree or order is not vacated or set aside within sixty (60) days
from the date of entry or granting thereof; or
(c) Tenant abandons the Leased Property or vacates the same during the
term of this Lease; or
(d) Tenant defaults in any payment of rent or in any other payment required
to be made by Tenant hereunder when due as herein provided or shall
default under Paragraph 13 hereof and such default continues for ten (10)
business days after written notice thereof to Tenant; or
(e) Tenant fails to contest the validity of any lien or claimed lien and to
give security to Landlord to insure payment thereof, or having commenced
to contest the same and having given such security, fails to prosecute such
contest with diligence, or fails to have the same released and satisfy any 9
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judgment rendered thereon, and such default continues for ten (10) days
after written notice thereof to Tenant; or
(f) Tenant defaults in any of the other covenants and agreements herein
contained to be kept, observed and performed by Tenant, and such default
continues for thirty (30) days after written notice thereof to Tenant; or
(g) Tenant is late in the payment of rent or other charges required to be paid
hereunder on two or more occasions or defaults in the keeping, observing,
or performing any other covenant or agreement herein contained to be kept,
observed or performed by Tenant (provided notice of such delinquent
payment or other default was given to Tenant, but whether or not Tenant
shall have timely cured any such default for which notice was given).
Upon the occurrence of any one or more of such events of default, Landlord may
at its election terminate this Lease or terminate Tenant's right to possession only, without
terminating the Lease. Upon termination of this Lease or of Tenant's right to possession,
Landlord may enter the Leased Property with process of law and Landlord shall not be
liable for any damages resulting therefrom. Upon termination of this Lease, or upon any
termination of the Tenant's right to possession without termination of the Lease, the
Tenant shall surrender possession and vacate the Leased Property immediately and
deliver possession thereof to the Landlord. Tenant hereby grants to Landlord the full and
free right, without demand or notice of any kind to Tenant (except as hereinabove
expressly provided for), to enter into and upon the Leased Property in such event with
process of law and to repossess the Leased Property as the Landlord's former estate and
to expel or remove the Tenant and any others who may be occupying or within the
Leased Property without being deemed in any manner guilty of trespass, eviction, or
forcible entry or detainer without incurring any liability for any damage resulting
therefrom and without relinquishing the Landlord's rights to rent or any other right given
to the Landlord hereunder or by operation of law.
17. NOTICE.
Any notices of documentation required or permitted to be delivered hereunder
shall be deemed to be delivered whether actually received or not when deposited in the
United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, and
addressed to the Parties hereto at their respective address set out opposite their names
below, or at such other address as they have therefore specified by written notice
delivered in accordance herewith:
If intended for Landlord, shall be addressed to:
Village of Plainfield
Attn: Chief of Police
14300 S. Coil Plus Drive
Plainfield, IL 60544
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with a copy to the Village Administrator:
Village of Plainfield
Attn: Village Administrator
24401 W. Lockport Street
Plainfield, Illinois 60544
If intended for Tenant shall be addressed to:
Tri-River Police Training Region, Inc.
Attn: Executive Director
14300 S. Coil Plus Drive
Plainfield, IL 60544
18. ASSIGNMENT, SUBLETTING OR TRANSFER OF LEASE.
Tenant shall not assign sublet, convey, mortgage, pledge or allow or permit any
transfer of this Lease or any interest hereunder.
19. REMEDIES CUMULATIVE.
No remedy herein or otherwise conferred upon or reserved to Landlord shall be
considered to exclude or suspend any other remedy but the same shall be cumulative and
shall be in addition to every other remedy given hereunder, or now or hereafter existing at
law or in equity or by statute, and every power and remedy given by this Lease to
Landlord may be exercised from time to time and so often as occasion may arise or as
may be deemed expedient.
20. NO WAIVER.
No delay or omission of Landlord to exercise any right or power arising from any
default shall impair any such right or power or be construed to be a waiver of any such
default or any acquiescence therein. No waiver of any breach of any of the covenants of
this Lease shall be construed, taken or held to be a waiver of any other breach or waiver,
acquiescence in or consent to any further or succeeding breach of the same covenant.
The acceptance by Landlord of any payment of rent or other charges hereunder after the
termination by Landlord of this Lease or of Tenant's right to possession hereunder shall
not, in the absence of an agreement in writing to the contrary by Landlord, be deemed to
restore this Lease or Tenant's right to possession hereunder, as the case may be, but shall
be construed as a payment on account, and not in satisfaction of damages due from
Tenant to Landlord.
21. LANDLORD’S RIGHT TO CURE.
Landlord may, but shall not be obligated to, cure any default by Tenant.
Whenever Landlord so elects, all costs and expenses paid by Landlord in curing such
default, including without limitation reasonable attorney's fees, shall be additional rent
due on the next rent due date. 11
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22. AMENDMENTS MUST BE IN WRITING.
The covenants, terms or conditions of this Lease to be kept and performed by
either party, shall not be altered, waived, modified or abandoned except by a written
instrument, duly signed, acknowledged and delivered by all Parties to this Lease.
23. TIME OF ESSENCE.
Time is of the essence of this Lease and all provisions herein relating thereto shall
be strictly construed.
24. RELATIONSHIP OF PARTIES.
Nothing contained herein shall be deemed or construed by the Parties hereto, nor
by any third-party, as creating the relationship of principal and agent or of partnership, or
of joint venture between the Parties hereto, it being understood and agreed that no
provision contained in this Lease nor any acts of the Parties shall be deemed to create any
relationship other than the relationship of Landlord and Tenant.
25. CAPTIONS.
The captions of this Lease are for convenience only and are not to be construed as
part of this Lease and shall not be construed as defining or limiting in any way the scope
or intent of the provisions hereof. Words of any gender used in this Lease shall be held
and construed to include any other gender, and words in the singular number shall be held
to include the plural, unless the context otherwise requires.
26. COVENANTS BINDING ON SUCCESSORS.
The terms, covenants, agreements provisions, undertakings and conditions
contained in this Lease shall apply to, inure to the benefit of, and be binding upon, the
parties hereto and upon their respective heirs, legal representatives, successors and
permitted assigns, except as otherwise herein expressly provided. Landlord shall have
the right to assign any of its rights and obligations under this Lease and Landlord’s
grantee or Landlord’s successor, as the case may be, shall upon such assignment, become
Landlord hereunder, thereby freeing and relieving the grantor or assignor, as the case
may be, of all covenants and obligations of Landlord hereunder.
Wherever in this Lease reference is made to either of the Parties, it shall be held
to include and apply to, wherever applicable, the heirs, executors, administrators,
successors and assigns of that Party. Nothing herein contained shall be construed to grant
or confer upon any person or persons, firm, corporation or governmental authority, other
than the Parties hereto, their heirs, executors, administrators, successors and assigns, any
right, claim or privilege by virtue of any covenant, agreement, condition or undertaking
in this Lease.
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27. SEVERABILITY.
If any clause, phrase, term, provision or portion of this Lease or the application
thereof to any person or circumstance shall be held invalid or unenforceable under
applicable law, the remaining terms and provisions of this Lease shall not be affected
thereby, but each term and provision of this Lease shall be valid and be enforced to the
fullest extent permitted by law. It is also the intention of the Parties to this Lease that in
lieu of each such clause, phrase, provision or portion of this Lease that is invalid or
unenforceable, there be added as a part of this Lease a clause, phrase, provision or portion
as similar in terms to such invalid or unenforceable clause, phrase, provision or portion as
may be possible and be valid and enforceable.
28. LAW APPLICABLE AND JURSIDICTION.
The laws of the State of Illinois shall govern the validity, performance and
enforcement of this Lease. Any dispute arising out of this Lease shall be brought in a
court of the Twelfth Judicial Circuit of Will County, Illinois.
29. ATTORNEYS’ FEES.
In the event either party brings suit to enforce any provision of this Lease, the
prevailing Party shall be entitled to receive from the non-prevailing Party reimbursement
of the prevailing Party’s reasonable attorneys' fees, expenses and administrative hearing
and court costs incurred either directly or indirectly in enforcing a provision of this
Lease.
30. WAIVER OF JURY TRIAL.
Landlord and Tenant waive any right to a trial by jury in any action or proceeding
based upon, or related to, the subject matter of this Lease. This waiver is knowingly,
intentionally and voluntarily made by Tenant, and Tenant acknowledges that neither
Landlord nor any person acting on behalf of Landlord has made any representations of
fact to induce this waiver of trial by jury or in any way to modify or nullify its effect.
Tenant further acknowledges that it has been represented (or has had the opportunity to
be represented) in the signing of this Lease and in the making of this waiver by
independent legal counsel, selected solely by Tenant and that it has had the opportunity to
discuss this waiver with counsel. Tenant further acknowledges that it has read and
understands the meaning and ramifications of this waiver provision.
31. NO RIGHTS.
No rights to any view or to light or air over any property, whether belonging to
Landlord or any other person, are granted to Tenant by this Lease.
32. LEASE NEGOTIATED.
The Parties acknowledge and agree that this Lease has been freely negotiated by
them, and that, in any dispute over the meaning, interpretation, validity, or enforceability 13
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of this Lease or any of its terms or conditions, there shall be no presumption whatsoever
against either Party by virtue of that Party having drafted this Lease or any portion
thereof.
IN WITNESS WHEREOF, on the date first written above, the Parties hereto have
caused this Lease to be executed by their respective officers thereunto duly authorized.
VILLAGE OF PLAINFIELD, ATTEST:
an Illinois Municipal Corporation
By: _________________________ By: _____________________
Its: _________________________ Date: ___________________
Date: _______________________
TRI-RIVER POLICE TRAINING ATTEST:
REGION, INC.
By: _________________________ By: _____________________
Its: _________________________ Date: ___________________
Date: _______________________
14
MEMORANDUM
To: Mayor Collins and Trustees
From: Chief John Konopek
Date: April 29, 2020
Re: Time-Limit Parking Ordinance
Background Findings
The Village currently maintains a time-limit parking Ordinance regulating parking in the downtown area. Earlier
this year the Village amended its Time-Limit Parking Ordinance to extend the 3-hour time-limit parking currently
in place for most of Lockport Street, to include the north and south sides of Lockport Street between Fox River
and James Streets. That amendment occurred for the purpose of consistency with current time-limit parking
along Lockport Street, and to address parking for the changing retail landscape in the Village’s downtown area.
The attached amended Ordinance is intended to further comprehensively address parking along Lockport Street,
by repealing that section of the Village Code allowing for 30-minute parking near 24032 and 24034 W. Lockport
Street, and permitting 3-hour parking at those locations. The amended Ordinance regulates parking in a manner
consistent with the current time-limit parking restrictions in the Village.
Policy Considerations
The Illinois Municipal Code (625 ILCS 5/11-80-1, et seq.) grants authority to the Village to regulate the use of
streets within the jurisdiction of the Village.
Financial Considerations
There are no financial considerations for the Village.
Recommendation
The amended Ordinance is brought forward for Village Board discussion and approval.
15
VILLAGE OF PLAINFIELD
ORDINANCE NO. _____
AN ORDINANCE REPEALING CHAPTER 5, ARTICLE VI, SECTION 5-172.1(b)
AND AMENDING CHAPTER 5, ARTICLE VI, SECTIONS 5-172.1(c) and (d)
OF THE VILLAGE OF PLAINFIELD CODE OF ORDINANCES
An Ordinance Relating to Time-Limit Parking
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS ___ DAY OF MAY 2020
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will and
Kendall Counties, Illinois, this
____ day of May 2020.
16
ORDINANCE NO. _____
AN ORDINANCE REPEALING CHAPTER 5, ARTICLE VI, SECTION 5-172.1(b)
AND AMENDING CHAPTER 5, ARTICLE VI, SECTIONS 5-172.1(c) and (d)
OF THE VILLAGE OF PLAINFIELD CODE OF ORDINANCES
An Ordinance Relating to Time-Limit Parking
WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois,
as a home rule municipality in accordance with Article VII, Section 6(a) of the
Constitution of the State of Illinois of 1970, is enacting this Ordinance pursuant to its
home rule authority; and
WHEREAS, pursuant to the laws of the State of Illinois, the Village of Plainfield,
Will and Kendall Counties, Illinois (the "Village") has the authority to regulate the parking
of vehicles on streets and highways under its jurisdiction; and
WHEREAS, the Village President and the Village Board of Trustees have
determined it necessary and desirable to repeal a section, and amend sections, of the
Village’s Code of Ordinances to regulate parking, standing and/or stopping on certain
streets within the Village; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES,
ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits are adopted
by this reference as if fully set forth herein.
SECTION TWO. That Chapter 5, Article VI of the Village’s Code of Ordinances,
entitled "Same – Designated Time-Limit Parking” be and hereby is repealed in part and
amended in part, as set forth in Section Three below. The repealed and amended text
17
of this Article of the Village’s Code of Ordinances, with document markings, is attached
hereto as Exhibit "A". Deletions to the Code are overstruck and additions to the Code
are double underlined.
SECTION THREE.
Sec. 5-172.1 Same – Designated Time-Limit Parking
- - - - -
(b)Three-hour parking limitation. Parking of any vehicle is prohibited for longer than
a three-hour period between the hours of 9:00 a.m. and 6:00 p.m., on any day except
Sundays and holidays, on the following streets of the Village:
(1)On the north side of Chicago Street between Fox River and Des Plaines
Streets.
(2)On the west side of Fox River Street between Lockport and Ottawa Streets.
(3)On the east and west sides of Des Plaines Street between Chicago and Oak
Streets.
(4) On the north side of Lockport Street between Division and Illinois Streets.
(5) On the north and south sides of Lockport Street between James and Illinois
Streets.
(6)On the east and west sides of Illinois Street between Oak Street and the alley
immediately south of Lockport Street.
No vehicle, within one (1) hour of leaving a time limit zoned parking space, shall be
again parked on any portion of either side of the same street, between the immediate
intersecting streets where parking is also restricted during the effective time thereof.
For purposes of this section "holidays" shall mean any holiday designated as such by
the State of Illinois, the Village of Plainfield, and/or the federal government.
(c)Four-hour parking limitation. Parking of any vehicle is prohibited for longer than a
four-hour period between the hours of 9:00 a.m. and 6:00 p.m., on any day except
Sundays and holidays, on the following streets of the Village:
(1)On the east and west sides of Illinois Street between Chicago Street and the
alley immediately south of Lockport Street.
(2)On the west side of James Street between Commercial and Lockport Streets.
18
(Ord. No. 1253, § 5-172, 5-22-89; Ord. No. 1598, § 1, 12-19-94; Ord. No. 1761, § 3,
10-20-97; Ord. No. 1774, §§ 1—9, 2-16-98; Ord. No. 1883, § I, 9-13-99; Ord. No.
1955, § I, 4-3-2000; Ord. No. 2011, § I, 11-6-00; Ord. No. 2049, §§ I, II, 7-16-01; Ord.
No. 2853, § 3, 4-6-09; Ord. No. § 2, 2-3-20; Ord. No. _____, ________)
SECTION FOUR. That any Village Ordinance or Resolution, or part thereof, in
conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly
repealed.
SECTION FIVE. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be stricken and shall not affect any other
provision of this Ordinance.
SECTION SIX. This Ordinance shall be in full force and effect after its passage,
approval, and publication in pamphlet form as provided by law.
SECTION SEVEN. This Ordinance shall be numbered as Ordinance No.
___________.
PASSED the ____day of May 2020.
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of May 2020.
________________________
Michael Collins
Village President
ATTESTED AND FILED IN MY OFFICE:
________________________________
Michelle Gibas
Village Clerk
19
EXHIBIT A
Sec. 5-172.1 Same – Designated Time-Limit Parking
- - - - -
(b)Thirty-minute parking limitation. Parking of any vehicle is prohibited for longer than
a thirty-minute period between the hours of 9:00 a.m. and 6:00 p.m., on any day, at the
following locations:
(1)The two (2) parking spaces located on the north side of Lockport Street
between Des Plaines and Illinois Streets, being generally in front of the
properties commonly known as 24032 and 24034 W. Lockport Street, as
designated by posted thirty-minute parking limitation signage.
(cb) Three-hour parking limitation. Parking of any vehicle is prohibited for longer than
a three-hour period between the hours of 9:00 a.m. and 6:00 p.m., on any day except
Sundays and holidays, on the following streets of the Village:
(1)On the north side of Chicago Street between Fox River and Des Plaines
Streets.
(2)On the west side of Fox River Street between Lockport and Ottawa Streets.
(3)On the east and west sides of Des Plaines Street between Chicago and Oak
Streets.
(4) On the north side of Lockport Street between Division and Illinois Streets.
(5) On the north and south sides of Lockport Street between James and Illinois
Streets, except for that portion of Lockport Street where a thirty- minute parking
limitation is imposed pursuant to this chapter.
(6)On the east and west sides of Illinois Street between Oak Street and the alley
immediately south of Lockport Street.
No vehicle, within one (1) hour of leaving a time limit zoned parking space, shall be
again parked on any portion of either side of the same street, between the immediate
intersecting streets where parking is also restricted during the effective time thereof.
For purposes of this section "holidays" shall mean any holiday designated as such by
the State of Illinois, the Village of Plainfield, and/or the federal government.
(dc)Four-hour parking limitation. Parking of any vehicle is prohibited for longer than a
four-hour period between the hours of 9:00 a.m. and 6:00 p.m., on any day except
Sundays and holidays, on the following streets of the Village:
(1)On the east and west sides of Illinois Street between Chicago Street and the
alley immediately south of Lockport Street.
20
(2) On the west side of James Street between Commercial and Lockport Streets.
(Ord. No. 1253, § 5-172, 5-22-89; Ord. No. 1598, § 1, 12-19-94; Ord. No. 1761, § 3,
10-20-97; Ord. No. 1774, §§ 1—9, 2-16-98; Ord. No. 1883, § I, 9-13-99; Ord. No.
1955, § I, 4-3-2000; Ord. No. 2011, § I, 11-6-00; Ord. No. 2049, §§ I, II, 7-16-01; Ord.
No. 2853, § 3, 4-6-09; Ord. No. 3449, § 2, 2-3-20; Ord. No. ________, ________)
21
VILLAGE OF PLAINFIELD
SPECIAL MEETING MINUTES
APRIL 27, 2020
AT:VIRTUAL
BOARD PRESENT: M.COLLINS, (ELECTRONIC), H.BENTON (ELECTRONIC), M.BONUCHI
(ELECTRONIC), K.CALKINS (ELECTRONIC), P.KALKANIS (ELECTRONIC) C.LARSON
(ELECTRONIC), AND B.WOJOWSKI (ELECTRONIC). OTHERS PRESENT: B.MURPHY,
VILLAGE ADMINISTRATOR (ELECTRONIC); J.HARVEY, ATTORNEY (ELECTRONIC);
M.GIBAS, VILLAGE CLERK (ELECTRONIC); A.PERSONS, PUBLIC WORKS DIRECTOR
(ELECTRONIC); A.DE BONI, COMMUNITY RELATIONS DIRECTOR (ELECTRONIC);
J.PROULX, PLANNING DIRECTOR (ELECTRONIC); Y.DING, PLANNER (ELECTRONIC);
J.GAL, PLANNER (ELECTRONIC); L.SPIRES, BUILDING OFFICIAL (ELECTRONIC);
T.PLECKHAM, MANAGEMENT SERVICES DIRECTOR (ELECTRONIC); AND J.KONOPEK,
CHIEF OF POLICE (ELECTRONIC).
CALL TO ORDER, ROLL CALL, PLEDGE
Mayor Collins called the meeting to order at 7:00 p.m. Roll call was taken, all Trustees were present.
Mayor Collins led the Pledge of Allegiance.
PUBLIC COMMENTS (3-5 minutes)
Clerk Gibas noted that no public comments were received.
BUSINESS MEETING
1)APPROVAL OF AGENDA
Trustee Bonuchi moved to approve the Agenda. Second by Trustee Wojowski. Vote by roll call.
Benton, yes; Bonuchi, yes; Calkins, yes; Kalkanis, yes; Larson, yes; Wojowski, yes. 6 yes, 0 no.
Motion carried.
2) DISASTER PROCLAMATION
Trustee Larson moved to authorize the Village President to execute a Disaster Proclamation
proclaiming that a disaster exists in the Village of Plainfield, Will and Kendall Counties, Illinois, for a
period not to exceed 30 days. Second by Trustee Calkins. Vote by roll call. Benton, yes; Bonuchi,
yes; Calkins, yes; Kalkanis, yes; Larson, yes; Wojowski, yes. 6 yes, 0 no. Motion carried.
Trustee Wojowski moved to adjourn. Second by Trustee Larson. Voice Vote. All in favor, 0 opposed.
Motion carried.
The meeting adjourned at 7:07 p.m.
Michelle Gibas, Village Clerk
22
Minutes of the Committee of the Whole Workshop of the President and the Board of Trustees
Held on April 27, 2020
Virtual
Mayor Collins called the meeting to order at 7:08 p.m. Board Present: Mayor Collins, (Electronic),
Trustee Benton (Electronic), Trustee Bonuchi (Electronic), Trustee Calkins (Electronic), Trustee
Kalkanis (Electronic) Trustee Larson (Electronic), and Trustee Wojowski (Electronic). Others
Present: Brian Murphy, Village Administrator (Electronic); Jim Harvey, Attorney (Electronic);
Michelle Gibas, Village Clerk (Electronic); Allen Persons, Public Works Director (Electronic); Amy
De Boni, Community Relations Director (Electronic); Jon Proulx, Planning Director (Electronic);
Yuchen Ding, Planner (Electronic); Jessica Gal, Planner (Electronic); Lonnie Spires, Building
Official (Electronic); Traci Pleckham, Management Services Director (Electronic); and John
Konopek, Chief of Police (Electronic).
Trustee Larson moved to approve the Minutes of the Committee of the Whole Workshop held on
March 9, 2020. Second by Trustee Benton. Voice Vote. All in favor, 0 opposed. Motion carried.
Motion carried.
PRESIDENTIAL COMMENTS
Mayor Collins:
Reminded everyone to be mindful of social distancing.
Informed everyone that the Governor has mandated wearing face masks in public.
Commented about complaints regarding parties and for not wearing masks in businesses.
TRUSTEE COMMENTS
Trustee Bonuchi:
Thanked everyone for their hard work.
Encouraged everyone to check on neighbors and people that live alone.
Trustee Wojowski asked the staff to inform the governor of his displeasure at the restrictive nature of
his order on businesses.
PUBLIC COMMENTS
Clerk Gibas noted that no public comments were received.
WORKSHOP
1)REDWOOD AT PLAINFIELD CONCEPT PLAN
Kelly McIvor, representative for the applicant, gave a presentation on the concept plan for a
residential development including 213 single-story apartment units at a density of 5.8 du/acre located
on approximately 37 acres at the southeast corner of 143rd Street and Steiner Road. While the
development is not proposed to be age-restricted, it targets empty nesters and would be constructed to
accommodate individuals that would like to age in place. Ms. McIvor highlighted Redwood impacts,
neighborhood exteriors, neighborhood streetscapes, interiors, floor plans, rent, and compliance with
the annexation agreement.
Trustee Bonuchi stated that the concept looks nice and likes that the units are owned by the applicant.
Trustee Calkins questioned fire department access. Ms. McIvor pointed out that they just completed a
turn analysis. Trustee Calkins questioned sound barriers. Ms. McIvor stated that berms and 23
Village of Plainfield
Meeting Minutes – April 27, 2020
Page 2
landscape will provide buffers. Trustee Larson stated that she would like to see the development be
age-restricted. Trustee Larson noted that she did not have a problem with the layout and liked the
attention to detail with the background checks. Trustee Wojowski stated the he likes the concept of
these type of apartments, but expressed concern regarding the location. Mayor Collins expressed
concern regarding the private streets, T-type turn arounds, and straight road configuration.
Mr. Proulx thanked the Board for their feedback and will continue to work with the applicant.
2) REVIEW OF PROPOSED AMENDMENT TO THE ZONING AND SUBDIVISION
CODES
Village Staff gave a presentation highlighting a series of proposed zoning and subdivision code
amendments. Staff reviewed proposed amendments to off-street parking and loading, Signs, and
Historic Preservation. There was some general discussion regarding real estate signs, and sign
illumination, intensity, and enforcement.
Administrator Murphy thanked the Board for their input regarding the text amendments. Staff will
continue working on the amendments and bring an ordinance at a future meeting for formal
consideration.
Mayor Collins read the reminders.
Trustee Larson moved to adjourn. Second by Trustee Bonuchi. Voice Vote. All in favor, 0 opposed.
Motion carried.
The meeting adjourned at 8:15 p.m.
Michelle Gibas, Village Clerk
24
25
PROPOSEDHOTELVILLAGE OF PLAINFIELDPUBLIC PARKING LOTDES PLAINES STREET (1) Common Hackberry(8) Gro-Low Fragrant Sumac(5) Sea Green Juniper(1) Swamp White Oak(33) Happy Returns Daylily(25) Happy Returns Daylily(37) Hameln Dwarf Fountain Grass(6) Gro-Low Fragrant Sumac(17) Happy Returns Daylily(1) Swamp White Oak(20) Hameln Dwarf Fountain Grass(6) Gro-Low Fragrant Sumac(18) Happy Returns Daylily(5) Silver Sprite Bayberry(14) Northern Lights Hair Grass with(14) Pixie Meadowbrite Coneflower(20) Happy Returns Daylily(1) Male Silver Sprite Bayberry(3) Gro-Low Fragrant Sumac(1) Male Silver Sprite Bayberry(456) Pennsylvania Sedge(8) Sea Green Juniper(10) Gro-Low Fragrant Sumac(1) Common Hackberry(32) Happy Returns Daylily(16) Northern Lights Hair Grass with(16) Pixie Meadowbrite Coneflower(23) Happy Returns Daylily(25) Feather Reed Grass(52) Hameln Dwarf Fountain Grass(21) Northern Lights Hair Grass with(21) Pixie Meadowbrite Coneflower(6) Gro-Low Fragrant SumacExisting Tree To BeRemoved, Typ.Existing Tree To RemainExisting Tree To BeRemoved, Typ.Existing Tree To BeRemoved, Typ.Existing Tree To BeRemoved, Typ.Existing Tree To BeRemoved, Typ.Utility Boxes, Typ.Utility Boxes, Typ.Extent of WorkExtent of WorkExtent of WorkTR 1TR 2TR 3TR 4TR 5TR 66' Ht. Tree ProtectionFencing. See SheetL-2, Detail 2.TREESBOTANICAL NAMECOMMON NAMESIZECONT.QTYCeltis occidentalis `Chicagoland`Common Hackberry3" Cal. B&B/CG 2Existing Tree---1Quercus bicolorSwamp White Oak3" Cal. B&B/CG 2SHRUBSBOTANICAL NAMECOMMON NAMESIZECONT.QTYJuniperus chinensis `Sea Green`Sea Green Juniper24" ht. B&B/CG 13Myrica pensylvanica `Morton`Silver Sprite Bayberry24" ht. B&B/CG 5Myrica pensylvanica `Morton-Male` Male Silver Sprite Bayberry24" ht. B&B/CG 2Rhus aromatica `Gro-Low`Gro-Low Fragrant Sumac5 gal. B&B/CG 39PERENNIALS &ORNAMENTAL GRASSESBOTANICAL NAMECOMMON NAMESIZECONT.SPACINGQTYCalamagrostis x acutiflora `Karl Foerster` Feather Reed Grass1 gal Pot 24" o.c. 25Carex pensylvanicaPennsylvania Sedge1 gal Pot 12" o.c. 45650/50 Perennial Mix:Deschampsia cespitosa `Northern Lights` Northern Lights Hair Grass1 gal Pot 18" o.c. 51Echinacea 'Pixie Meadowbrite'Pixie Meadowbrite Coneflower 1 gal Pot 18" o.c. 51Hemerocallis x `Happy Returns`Happy Returns Daylily1 gal Pot 18" o.c. 168Pennisetum alopecuroides `Hameln` Hameln Dwarf Fountain Grass 1 gal Pot 18" o.c. 109PLANT SCHEDULE PARKING LOT04/13/2020L-1.015024 Des Plaines StreetPlainfield, IL 60544---cadlapmsheet numbersheet nameissue datearchitectlandscape architect of recordseal / signatureclient / ownerproject nameproject addressengineerCHECK SETNOT FOR CONSTRUCTIONissue /revisiondatedescriptionSchmidt Architects, LLC.24801 Winterberry LanePlainfield, IL 60585p 815.254.1423TESKA ASSOCIATES, INC.627 Grove StreetEvanston, IL, 60201p 847.869.2015 f 847.869.2059V3 Companies7325 Janes AvenueWoodridge, IL 60517p 630.724.9200627 Grove Street, Evanston, Illinois 60201Tel 847.869.2015 Fax 847.869.2059NP LC20'10'30'0'REDHEAD RENTALS, LLC.PLAINFIELD PUBLICPARKING LOTPARKING LOTLANDSCAPE PLANEXISTING TREESLEGENDTree To Be Removed6' Ht. Tree Protection Fencing26
TAMPED PLANTING SOIL. AMMEND 40%EXISTING SOIL W/ 50% PULVERIZEDTOPSOIL & 10% PREP MIX.UNDISTURBED OR RECLAIMEDSUBGRADE CONSISTING OF AMINIMUM DEPTH 6" REGRADEDTOPSOILEVERGREEN & DECIDUOUS TREES:1. TREES SHALL BEAR SAME RELATION TO FINISHED GRADE AS THEY DID TO PREVIOUSLYEXISTING GRADE ON SITE OR IN NURSERY.2. DO NOT ALLOW AIR POCKETS TO FORM IN SOIL WHEN BACKFILLING.3. TREE STAKING/GUYING SHOULD BE REVIEWED WITH LANDSCAPE ARCHITECT WHENCONTRACTOR DEAMS IT NECESSARY.5. ROOT FLARE OF TREE TO BE SET NO MORE THAN 3" ABOVE FINISHED GRADE IN BORDERS& MASS PLANTINGS.6. TREES PLANTED WITHIN OR ADJACENT TO PAVING SHALL BE PLANTED WITH ROOT FLARENO MORE THAN 1" ABOVE ADJACENT GRADE.7. EVERGREEN TREES WITH TIGHTLY SHEARED FORM WILL BE REJECTED.8. IF PITS ARE MACHINE EXCAVATED, & GLAZING IS PRONOUNCED, ALL SIDES OF PIT ARE TOBE SCARIFIED.9. SOAK PLANTS WITH WATER IMMEDIATELY AFTER INSTALLATION.AFTER FINAL APPROVALOF TREE LOCATIONS: ROPESAT TOP OF BALL SHALL BE CUT;REMOVE BURLAP FROM TOP 1/3 OFROOTBALL. WIRE CAGE TO BE CUTBACK A MINIMUM OF 12" BELOWFINISH GRADE. ALLNON-BIODEGRADABLE MATERIALSHOULD BE REMOVED.3" SHREDDED HARDWOOD MULCH UNDER 1"COMPOSTED MULCH WITH PINE BARK FINES(PER SPEC)SOIL SAUCER (MIN. 6")NEVER CUT LEADERTRENCH EDGER, TYP.SCARIFY BASE OF PLANT PIT 1-2"12" MIN.SHRUBGROUNDCOVER ORPERENNIAL PLANTS3" COMPOSTED MULCHCONTAINING PINE BARK FINES,PER SPECSHRUBS:1. DO NOT ALLOW AIR POCKETS TO FORM IN SOIL WHILE BACKFILLING.2. SOAK PLANTS WITH WATER IMMEDIATELY AFTER INSTALLATION.3. DO NOT BREAK ROOTBALL.4. IF B&B MATERIAL, REMOVE BURLAP & STRING FROM AROUND TOP 1/3 OF ROOTBALL. IF CONTAINERIZED,LOOSEN ROOT MASS SIGNIFICANTLY BY HAND OR CUT ROOT MASS VERTICALLY WITH KNIFE ON 4 SIDES TO ADEPTH OF 1" & CUT BOTTOM OF ROOT MASS IN SAME MANNER IN AN 'X' PATTERN.PERENNIALS & GROUNDCOVER:1. DO NOT ALLOW AIR POCKETS TO FORM IN SOIL WHILE BACKFILLING.2. SOAK PLANTS IMMEDIATELY WITH WATER AFTER INSTALLATION.3. LOOSEN ROOT MASS SIGNIFICANTLY BY HAND OR CUT ROOT MASS VERTICALLY WITH KNIFE ON 4 SIDES TOA DEPTH OF 1" & CUT BOTTOM OF ROOT MASS IN SAME MANNER IN AN 'X' PATTERN.4. PLANT APPROXIMATELY 1" ABOVE PLANTING MEDIA TO ALLOW FOR TYPICAL DRESSING OF MULCH.5. SOAK PLANTS WITH WATER IMMEDIATELY AFTER INSTALLATION.THIN THE INTERIOR OF THE CROWNAFTER PLANTING AS DIRECTED BYLANDSCAPE ARCHITECT.SET TOP OF SHRUB
ROOT MASS
2" HIGHER THAN
SURROUNDING
FINISHED GRADE
_SPACING VARIES,
SEE PLANT LISTPIT MINIMUM 3XDIAMETER OFROOTBALL24" TOTAL PROFILE OFPULVERIZED LOAM TOPSOILMIXED WITH 3" BEDPREPARATION MIXPERENNIAL PLAN LAYOUTTYPICAL PERENNIALNOTE:PERENNIAL PLANTINGSLAYOUT TO BE APPROVEDIN FIELD BY LANDSCAPEARCHITECT PRIOR TOINSTALLATION.SEE PLANSADD TREE WRAP DURING WINTER AND EARLY SPRINGMONTHS TO PREVENT SUNSCALD AS REQUIREDPLANTING NOTES:3'MIN.2" MULCH72" TALL CONSTRUCTIONFENCE SUPPORTED BY STEELPOSTS AT 6' ON CENTEREXISTING TREE TO PROTECTEXISTING GRADEMIN. LIMIT OF FENCE AT OPENINGDRIP LINEDRIP LINEMIN. LIMIT OF FENCEDISTANCE FROM DRIPLINE WHEN FEASIBLEAT OPENINGEXISTING TREE CANOPY & DRIPLINEAREA TO BE PROTECTED72" HIGH CONSTRUCTIONFENCE SUPPORTED BY STEELPOSTS AT 6' ON CENTERNOTE : NO CONSTRUCTIONSTAGING, TRAFFIC OR OTHERACTIVITIES WITHIN THIS AREATREE TAG NUMBER & CALIPERINCH INFO, IF APPLICABLEMAINTAIN 3' MIN. OFFSETOPENING TO PERFORMMAINTENANCE ACTIVITIESWITHIN FENCED AREAPLANELEVATION3'MIN.72"cadlapmsheet numbersheet nameissue datearchitectlandscape architect of recordseal / signatureclient / ownerproject nameproject addressengineerCHECK SETNOT FOR CONSTRUCTIONissue /revisiondatedescriptionSchmidt Architects, LLC.24801 Winterberry LanePlainfield, IL 60585p 815.254.1423TESKA ASSOCIATES, INC.627 Grove StreetEvanston, IL, 60201p 847.869.2015 f 847.869.2059V3 Companies7325 Janes AvenueWoodridge, IL 60517p 630.724.9200TYPICAL PLANTING BED COMPOSITE1NTS04/13/202015024 Des Plaines StreetPlainfield, IL 60544---NP LC627 Grove Street, Evanston, Illinois 60201Tel 847.869.2015 Fax 847.869.20591. PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES, CONTRACTOR SHALL NOTIFY J.U.L.I.E. (811) OR (800)892.0123 TO DETERMINE THE LOCATION OF ANY UNDERGROUND UTILITIES, WHICH MAY AFFECT PROPOSED SITE WORK.CONTRACTOR SHALL NOTIFY THE OWNER/LANDSCAPE ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES, OBSTACLESAND/OR PROBLEMS.2. VERIFICATION OF DIMENSIONS AND GRADES, BOTH EXISTING AND PROPOSED, SHALL BE THE CONTRACTOR'SRESPONSIBILITY PRIOR TO COMMENCEMENT OF WORK. THE CONTRACTOR SHALL NOTIFY THE OWNER/LANDSCAPEARCHITECT OF ANY DISCREPANCIES.3. ALL SURFACE DRAINAGE SHALL BE DIRECTED AWAY FROM STRUCTURES. SURFACE DRAINAGE SHALL BE DIRECTED TOEXISTING CATCH BASINS DESIGNATED FOR THE COLLECTION OF SURFACE RUN-OFF.4. PLANT MATERIAL SIZES SHOWN ON PLANT SCHEDULE ARE MINIMUM ACCEPTABLE SIZES. ALL PLANT MATERIAL SHALL BE OFSPECIMEN QUALITY. NO 'PARK GRADE' MATERIAL WILL BE ACCEPTED.5. ALL PLANT MATERIAL SHALL BE OBTAINED FROM AN APPROVED NORTHERN ILLINOIS NURSERY WITH HEAVY CLAY SOILS.6. ALL PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK AS SPONSORED BY THE AMERICANASSOCIATION OF NURSERYMEN AND APPROVED BY THE AMERICAN NATIONAL STANDARDS INSTITUTE, INC. (ANSI)7. IF SPECIFIED SPECIES AND/ OR QUALITY OF PLANTS ARE NOT AVAILABLE AT THE TIME OF ORDERING, THE LANDSCAPEARCHITECT, AT HIS/HER DISCRETION, MAY SUBSTITUTE SIMILAR PLANTS WITH THE SAME WHOLESALE VALUE.8. ALL PLANTS TO BE BALLED IN BURLAP (B&B) OR CONTAINER GROWN (CG) AS SPECIFIED IN PLANT SCHEDULE. ALLNYLON/PLASTIC/BURLAP ROOT WRAPPING MATERIAL AND METAL WIRE BASKETS SHALL BE REMOVED.9. SOIL TO BE USED FOR THE PLANTING MEDIUM FOR THE PROJECT SHALL BE FERTILE, WELL-DRAINED, OF UNIFORM QUALITY,FREE OF STONES OVER 1" IN DIAMETER, STICKS, OILS, CHEMICALS, PLASTER, CONCRETE AND OTHER DELETERIOUSMATERIAL.10. ALL LANDSCAPE MATERIALS SHALL BE INSTALLED IN ACCORDANCE WITH ALL APPLICABLE CODES AND ORDINANCES.11. ALL LANDSCAPE MATERIALS SHALL BE INSTALLED IN CONFORMANCE WITH THE ACCEPTED INDUSTRY'S STANDARD 'BESTMANAGEMENT PRACTICE' TECHNIQUES AS IDENTIFIED BY THE ILLINOIS LANDSCAPE CONTRACTORS ASSOCIATION (ILCA).12. THE OWNER AND/OR LANDSCAPE ARCHITECT RESERVES THE RIGHT TO REJECT ANY PLANT MATERIAL IN POORCONDITION/FORM OR NOT INSTALLED ACCORDING TO 'BEST MANAGEMENT PRACTICE' TECHNIQUES.13. THE LANDSCAPE CONTRACTOR SHALL PREPARE PLANTING BEDS BY ADDING SOIL AMENDMENTS TO TOPSOIL MIX IN THEFOLLOWING QUANTITIES: TOPSOIL MIX FOR TREES & SHRUBS SHALL BE THREE (3) PARTS TOPSOIL, ONE (1) PART PEAT, ANDONE (1) PART SAND. TOPSOIL MIX FOR PERENNIALS & GROUNDCOVER SHALL BE THREE (3) PARTS TOPSOIL, ONE (1) PARTSAND, AND TWO (2) PARTS COMPOST.14. ALL WOODY PLANTINGS TO RECEIVE 3" OF SHREDDED HARDWOOD MULCH. ALL HERBACEOUS PLANTINGS TO RECEIVE 2"OF LEAF COMPOST.15. CONTRACTOR SHALL WATER PLANTS IMMEDIATELY AFTER PLANTING. FLOODING PLANTS TWICE DURING FIRSTTWENTY-FOUR HOURS AFTER PLANTING.16. ALL ROAD AND WALK SURFACES SHALL BE KEPT CLEAR OF MUD AND DEBRIS AT ALL TIMES.17. CONTRACTOR SHALL REPAIR IN KIND ANY AREAS DAMAGED AS A RESULT OF LANDSCAPE OPERATIONS.18. GUARANTEE SPECIFICATIONS ARE AS FOLLOWS: THE CONTRACTOR SHALL PROVIDE THE OWNER WITH A BONDED WRITTENONE-YEAR WARRANTY AGREEMENT BEGINNING ON THE FIRST DAY OF THE OWNER'S POSSESSION. THIS AGREEMENT SHALLPROVIDE FOR THE REPLACEMENT OF DEAD OR DYING PLANT MATERIAL. THE CONTRACTOR SHALL PROVIDE THE OWNERWITH A TYPEWRITTEN LIST OF SPECIFIC MAINTENANCE INSTRUCTIONS FOR EACH TYPE OF PLANT INSTALLED WITH THEWRITTEN AGREEMENT AND BOND.19. EROSION CONTROL BLANKETS REQUIRED ON ALL SLOPES GREATER THAN 3:1.LANDSCAPE GENERAL NOTES:PLAINFIELD PUBLICPARKING LOTPARKING LOTLANDSCAPE DETAILSREDHEAD RENTALS, LLC.L-2.0TYPICAL TREE PROTECTION FENCING2NTS1. THE PURPOSE OF TREE PROTECTION FENCING IS TO MINIMIZE CONSTRUCTION ACTIVITIES WITHIN THE CRITICAL ROOT ZONEOF EXISTING TREES TO REMAIN.2. PROTECTIVE TREE FENCING MUST BE WIRE MESH OR WELDED WIRE FENCING (CHAIN LINK), 6' HIGH WITH STEEL OR WOODENPOSTS INSTALLED AND SPACED NOT MORE THAN 8' APART.3. PROTECTIVE TREE FENCING MUST EXTEND TO THE DRIPLINE OF THE TREE (WHICH CAN BE ESTIMATED AT 1 FOOT FOR EVERY1 INCH OF DBH) BUT IN NO CASE SHALL FENCING BE:LESS OF A RADIUS OF 10' FROM TREES UP TO 18" DBHLESS OF A RADIUS OF 15' FROM TREES 18" IN DBH AND LARGER4. PROTECTIVE TREE FENCING MUST REMAIN INTACT FOR THE ENTIRE DURATION OF THE CONSTRUCTION PROJECT AND MAYNOT BE MOVED OR REMOVED FOR ANY REASON WITHOUT VILLAGE APPROVAL ONLY.TREE PROTECTION NOTES:27
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into
this ___ day of , 2020 by and between Plainfield Township (hereinafter
referred to as “Township”), and the Village of Plainfield, an Illinois municipal corporation, located
in Will County, Illinois (hereinafter referred to as “Village”).
WITNESSETH:
WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois (1970)
authorizes units of local government, including municipalities, to contract to exercise, combine or
transfer any power or function not prohibited to them by law or ordinance; and
WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois (1970)
authorizes local governmental units to contract and otherwise associate with individuals, associations
and corporations in any manner not prohibited by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et.seq.) (the “IGA Act”)
authorizes units of local government in Illinois to exercise jointly with any public agency of the
State, including other unties of local government, any power, privilege or authority which may be
exercised by a unit of local government individually and to enter into contracts for the performance
of governmental services, activities and undertakings; and
WHEREAS, the Local Government Property Transfer Act (50 ILCS 605/1 et. seq.) (the
“Property Transfer Act”) further authorizes the transfer of interests in property between municipal
corporations including villages and townships; and
WHEREAS, the Village and the Township desire to enter into this Agreement in the
exercise of the aforesaid constitutional and statutory powers to address the design, engineering
and construction of certain public parking lot improvements (the “New Parking Lot”) to be
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constructed by Village upon certain real property owned by the Township;
WHEREAS, the real property owned by the Township that is to be the location of the
public parking lot improvements to be constructed hereunder (the “Township Property”) is
legally described in Exhibit A hereto; and
WHEREAS, the Village has heretofore determined by ordinance pursuant to Section 2 of
the Property Transfer Act that the use, occupancy and improvement of the Township Property
for the purposes herein stated and in accordance with the terms of this Agreement is necessary
and convenient for the Village, and accordingly, the Township has power to grant to the Village
the right to use, occupy and improve the Township Property in accordance with this Agreement;
and
WHEREAS, the Village has caused a concept plan to be prepared reflecting the New
Parking Lot to be constructed on the Township Property (the “Concept Plan”), a copy of which is
attached hereto and incorporated herein by reference as Exhibit B hereto; and
WHEREAS, as reflected on the Concept Plan, the New Parking Lot shall be designed and
constructed as an extension of the existing Village public parking lots located on certain real
property owned by the Village (the “Village Property”) adjacent to and immediately north of the
Township Property, the Village Property being legally described in Exhibit C, a copy of which is
attached hereto and incorporated herein by reference; and
WHEREAS, subject to the terms and conditions of this Agreement, the Village shall
cause the New Parking Lot to be constructed and thereafter maintained in a manner consistent
with the Concept Plan and the otherwise applicable ordinances of the Village at its cost and
expense, and the Township shall provide the Village with access to and use of the Township
Property for construction purposes and shall thereafter permit the general public to use the same
29
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as and for a public parking lot; and
WHEREAS, to facilitate the design and construction of the New Parking Lot consistent
with the Concept Plan, the Village has, pursuant to a certain easement agreement (the “Adjacent
Owner Easement Agreement”), obtained an easement from the owner (the “Adjacent Owner”) of
certain real property adjacent to and immediately to the south of the Township Property (the
“Adjacent Property”), upon the condition that pursuant to this Agreement, the Village shall have
the right to grant a license to the Adjacent Owner for a term of twenty (20) years from the date
on which the Village and Township shall have both duly approved this Agreement, all pursuant
to an agreement substantially in the form attached hereto and incorporated herein as Exhibit D by
reference (the “License Agreement”); and
WHEREAS, the Adjacent Property is legally described in Exhibit E, a copy of which is
attached hereto and incorporated herein by reference, the portion of the Adjacent Property to be
subject to the above-contemplated easement to be granted by the Adjacent Owner (the “Adjacent
Property Easement Area”) is legally described in Exhibit F, a copy of which is attached hereto
and incorporated herein by reference, and the portion of the Township Property to be subject to
the License Agreement (the “License Area”) is legally described in Exhibit G, a copy of which is
attached hereto and incorporated herein by reference.
NOW, THEREFORE, in consideration of the foregoing premises and of the covenants and
conditions hereinafter contained, the adequacy and sufficiency of which is hereby mutually
acknowledged, the parties agree as follows:
1. RECITALS. The recitals set forth hereinafter are expressly incorporated herein by
reference as substantive provisions of this Agreement.
2. VILLAGE DESIGN, CONSTRUCTION, DEVELOPMENT AND
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MAINTENANCE OF NEW PARKING LOT.
A. Village shall, at its cost and expense (but subject to its rights of contribution from the
Adjacent Owner pursuant to the Adjacent Owner Easement Agreement), design, construct and
develop the New Parking Lot improvements, all in a manner generally consistent with the Concept
Plan, the otherwise applicable ordinances of the Village, and the design and construction of the
existing parking lot improvements located on the Village Property. Township shall have no
responsibility for any of the cost or expense associated with the design, construction and
development of the New Parking Lot.
B. From and after the completion of the New Parking Lot and thereafter during the term of
this Agreement, the Village shall maintain the New Parking Lot in the same manner and to the same
extent that it shall maintain other public parking areas that are owned or operated by the Village,
including but not limited to the public parking area located on the Village Property. Such
maintenance shall include but not necessarily be limited to as-needed repair of the surface of the
New Parking Lot, trash/debris removal, and snow removal.
3. LICENSES FOR NEW PARKING LOT; EASEMENT FROM ADJACENT
OWNER.
A. Township hereby grants to the Village a construction license over, across, through and
under the entirety of the Township Property for purposes of the construction and installation of the
New Parking Lot, and for subsequent construction activities required for the maintenance and repair
of the New Parking Lot, and further hereby grants to the Village a license over, across, through and
under the entirety of the Township Property for the use and operation of the Township Property for a
public parking lot open to the general public, subject to the otherwise applicable terms of this
Agreement, and to the terms of the Township Easement Agreement.
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B. Township hereby authorizes and approves the Village’s execution of the License
Agreement granting a license to the Adjacent Owner over the License Area. Village shall, in
connection with its construction and maintenance of the New Parking Lot as herein contemplated,
place reasonable signage advising the public that parking within the License Area is reserved to the
employees, customers, guests and invitees of the Adjacent Owner. Village acknowledges that the
License Agreement shall limit the use of the License Area by the Adjacent Owner to the use and
occupancy of not more than ten vehicle parking spots.
C. Village and Township acknowledge that Village and Adjacent Owner have, as of the date
of this Agreement, entered into and fully executed the Adjacent Owner Easement Agreement, and
that the Village shall pursuant to the easement granted thereby develop and improve the Adjacent
Property Easement Area with a portion of the New Parking Lot in conjunction with the performance
of its obligations hereunder to construct the New Parking Lot on the Township Property. Pursuant to
the terms of the Adjacent Owner Easement Agreement, Village shall have the right to receive and
retain the financial contribution to be made thereunder by the Adjacent Owner to defray a portion of
the cost of constructing the New Parking Lot.
D. Village and Township further acknowledge that notwithstanding the grant of easement
herein for the use and operation of the New Parking Lot as a public parkin g lot as contemplated
above in Section 3.A of this Agreement, Township and Village may in the future by mutual
agreement designate a portion of the Township Property as the location for the placement of a trash
dumpster to be jointly used by the parties hereto.
4. INSURANCE. Township represents that it has and will at all times during the term
of this Agreement maintain in full force and effect at all times during the term of this Agreement
policies of commercial general liability insurance, workers’ compensation insurance and
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automobile liability insurance with at least the limits and coverages shown in Exhibit H-1, a copy
of which is attached hereto and incorporated herein by reference. Village represents that it has
and will at all times during the term of this Agreement maintain in full force and effect at all
times during the term of this Agreement policies of commercial general liability insurance,
workers’ compensation insurance and automobile liability insurance with at least the limits and
coverages shown in Exhibit H-2, a copy of which is attached hereto and incorporated herein by
reference. Each party shall cause its commercial general liability and automobile liability
insurance policies to name the other party and its elected officials, officers, employees, agents
and volunteers as additional insureds by written endorsement. All such insurance policies shall
be on an occurrence basis and shall not be on a claims-made basis.
5. INDEMNIFICATION. Each party to this Agreement shall indemnify, defend and
hold harmless the other party and its elected officials, officers, employees, agents and volunteers
of and from any and all liabilities, costs, obligations, claims, damages, causes of action
(including reasonable attorney’s fees) for which such other party and its elected officials,
officers, employees, agents and volunteers may become liable by reason of any violation of civil
or constitutional rights, accident, bodily injury, death, loss of or damage to property or other
cause, where the same arises directly or indirectly in connection with or as a result of this
Agreement but only to the extent caused in whole or in part by the negligent or wrongful act or
omission of the indemnifying party or its elected officials, officers, employees, agents and
volunteers. The insurer of the indemnifying party shall be permitted to raise on behalf of such
party all statutory or common law defenses which the indemnifying party is or would be entitled
to raise, including all defenses existing under the Illinois Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1-101 et. seq. Without otherwise limiting the
33
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generality of the foregoing, the Village’s obligation under this Section 5 shall specifically
include the obligation to hold the Township harmless of and from any liens relating to or arising
out of the Village’s construction of the New Parking Lot as herein contemplated, and to secure
the release of any such liens that may be filed against the Township Property, or any other funds
or property of the Township.
6. MISCELLANEOUS.
A. This Agreement may be amended from time to time upon the mutual written
agreement of the parties hereto. Any such amendment shall be in writing and shall not become
effective except upon the enactment of an ordinance or resolution of each of the respective
governing authorities of the parties, authorizing the execution of the proposed amendment.
B. This Agreement shall be effective upon its execution by the respective parties and
shall be in full force and effect for a term of twenty (20) years from the date of the approval of the
execution of the same by both parties hereto, and shall thereafter on the anniversary of the approval
of the execution of this Agreement by both parties hereto renew for successive terms of one (1)
additional year, unless either party shall notify the other in writing of their intent to terminate this
Agreement not less than ninety (90) days prior to the commencement of any renewal term.
C. Notices or other writings which either party is required to or may wish to serve upon the
other party in connection with this Agreement shall be in writing and shall be addressed as follows:
If to the Village: Village of Plainfield
24401 W. Lockport Street
Plainfield, IL 60544
Attention: Village Clerk
34
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If to the Township: Plainfield Township
22525 W. Lockport Street
Plainfield, IL 60544
The parties may, be giving written notice thereof, change their respective addresses at any time
during the term of this Agreement.
D. Invalidity of any provision of this Agreement shall not impair the validity of any
other provision. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable, that provision will be deemed severable, and the Agreement may be
enforced with that provision severed or as modified by the court.
E. This Agreement shall be interpreted and construed in accordance with the laws of
State of Illinois.
F. The Village and the Township shall make all reasonable efforts to cooperate,
exchange information and hold meetings between their respective representatives to further the goals
and intent of this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of
the day and year first above written.
35
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Village:
VILLAGE OF PLAINFIELD,
An Illinois Municipal Corporation
By:
Name: Michael P. Collins
Its: Village President
Dated:
Attest:
By:
Name: Michelle Gibas
Its: Village Clerk
Dated:
Township:
By:
Name: Tony Fremarek
Its: Supervisor
Dated:
36
LICENSE AGREEMENT
WITNESSETH:
This License Agreement (“Agreement”) is made and entered into as of this
______ day of ___________________, 2020, by and between the Village of Plainfield,
an Illinois Home Rule Municipal Corporation (“Village”) and Red Head Rentals, LLC
(“Owner”).
WHEREAS, Owner is the owner of certain premises located at ___ Des Plaines
Street within the corporate limits of the Village, legally described in Exhibit A, a copy of
which is attached hereto and incorporated herein by reference (“Owner’s Property”);
and
WHEREAS, Owner is or will presently be engaged in developing the Owner’s
Property for commercial purposes, and desires to secure additional parking for its use in
connection therewith, including use by its employees, customers, invitees and guests;
and
WHEREAS, Village, pursuant to a certain Intergovernmental Agreement
(“Intergovernmental Agreement”) with Plainfield Township (“Township”) is improving
certain real property owned by Township (“Township Property”) with a public vehicle
parking lot (“Parking Lot”); and
WHEREAS, the Township Property is legally described in Exhibit B, a copy of
which is attached hereto and incorporated herein by reference, and is contiguous to
and immediately to the north of the Owner’s Property; and
WHEREAS, Owner has granted an easement to the Village for its use in
connection with the construction, development and use of the Parking Lot pursuant to
an agreement of even date herewith (”Easement Agreement”); and
WHEREAS, the Easement Agreement provides, among other things, that the
Village shall, pursuant to the Intergovernmental Agreement, obtain the right to grant a
license to Owner to use a portion of the Parking Lot as parking reserved for the use of
its employees, customers, guests and invitees, and grant such license to Owner; and
WHEREAS, pursuant to the authority granted by the Intergovernmental
Agreement, the Village is amenable to granting a license to Owner to permit its use of a
portion of the Parking Lot on the Township Property as parking reserved for the use of
37
its employees, customers, guests and invitees, and the Owner is willing to accept that
license, all subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, Owner and Village hereby agree
as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement as if
fully set forth in this Section 1.
2. Grant of License. Subject to and in accordance with the terms and provisions
of this Agreement, and to the terms and provisions of the Intergovernmental
Agreement and the Easement Agreement, the Village hereby grants a license
to Owner to use a portion of the Parking Lot for its customer, employee,
guest and invitee parking, specifically within the portion of the Parking Lot
legally described and/or otherwise depicted in Exhibit C, a copy of which is
attached hereto and incorporated herein by reference (License Area”).
Owner’s use of the License Area shall be subject to and in accordance with
the applicable ordinances of the Village, and shall be limited to the parking of
not more than ten (10) passenger vehicles of the type capable of and
intended to be accommodated by the spaces to be included within the
Parking Lot as improved by the Village.
3. Term of License. This Agreement and the license hereby granted shall be for
a term of twenty (20) years from the date on which this Agreement is
approved by the Village, provided, however, that the Village also reserves the
right to terminate this Agreement and such license with thirty (30) days prior
written notice to Owner upon the commission of any breach of the terms or
provisions of this Agreement, which breach remains uncured at the end of
such thirty (30) day notice period, without prejudice to such other remedies
for such breach as the Village may have at law or in equity. Notwithstanding
the termination of any license created hereunder, Owner’s indemnification
obligations hereunder shall expressly survive any such termination. Any
notice of termination hereunder which the Village may be required to send to
Owner shall be deemed to have been sent by Village upon the date that
Village deposits such notice in the U.S. mail addressed to Owner at Owner’s
last address known to Village.
4. Ownership of Improvements and Infrastructure; Prior Easement Rights.
Village and/or Township, to the exclusion of Owner, shall at all times retain
title to, ownership of and control over all parking lot improvements within the
38
License Area and of any Village utilities or infrastructure presently or
hereinafter located in the License Area, including but not necessary limited to
sanitary sewer, potable water and storm sewer infrastructure as presently
existing and as hereinafter improved, and to all other improvements of any
nature or kind constructed or located by Village therein. Owner
acknowledges that the use of the License Area contemplated herein is
provided on an “as-is”, “where-is” basis by the Village, that such use is
subject to all rights of third parties shown of record in the Will County
Recorder’s Office, that Owner shall be responsible for resolving all conflicts
with existing or future utility or other facilities located therein, and that
Owner accepts the license for the use of the License Area on the terms and
conditions set forth herein.
5. Indemnification. Owner hereby indemnifies, defends and holds harmless the
Village and the Township and their elected and appointed officials, officers,
directors, employees and agents of and from any and all liabilities, claims,
damages, costs, expenses or judgments and any judicial, governmental or
regulatory proceedings or any other actions of any nature or kind whatsoever
which may arise out of or relate to in any way or which are claimed to arise
out of or relate to the parties’ entry into this Agreement and the use of the
License Area as contemplated herein. In the event the Village or the
Township is made a party to any such event or proceeding identified herein,
Owner shall indemnify, defend and hold harmless the Village and the
Township from any such event or proceedings, and such indemnification
obligation shall include, but not be limited to the obligations to pay all
judgments, comply or bear the cost of the Village’s or Township’s compliance
with all orders, injunctions, decrees or other like enforcement provisions
directed against the Village or Township and to pay the Village’s and the
Township’s reasonable costs and expenses of every nature and kind arising
therefrom. The obligations of Owner hereunder shall specifically include but
not be limited to the payment of reasonable attorneys' fees for the
representation of the Village in such proceedings together with all expert
witness or consultant fees and expenses, and court costs and fees. It is
expressly understood that the Village and the Township shall have the right
to employ all such attorneys to represent the Village and the Township. The
Village and the Township shall have the right but not the duty to appeal to
the courts of appellate jurisdiction any judgment, order, injunction or decree
issued against the Village or the Township in this respect. The parties agree
that this indemnification provision shall be liberally construed in favor of the
Village and the Township and that this Section and that the indemnification
and hold harmless agreements contained herein shall survive any
determination by a court of competent jurisdiction of the invalidity of the
Agreement or any part thereof.
39
6. Insurance. Owner shall maintain in full force and effect at all times during the
term of this Agreement policies of commercial general liability insurance,
workers’ compensation insurance, and automobile liability insurance with at
least the limits and coverages depicted in the attached Exhibit D hereto, and
shall cause the Village and the Township to be named as additional insureds
under such insurance policies by written endorsement. Such insurance
policies shall not be modified, terminated, canceled or allowed to lapse
without thirty (30) days prior written notice to the Village and the Township.
40
IN WITNESS WHEREOF, Owner and Village have executed this Agreement all as
of the date and year first above named.
“Owner”
Red Head Rentals, LLC, an Illinois limited liability company
BY: ___________________________________
ATTEST: _______________________________
“VILLAGE”
Village of Plainfield, an Illinois Municipal Corporation
BY:___________________________________
Michael P. Collins, Village President
ATTEST:_______________________________
Michelle Gibas, Village Clerk
41
STATE OF _____________ )
) SS
COUNTY OF ___________ )
I, ____________________________, a notary public in and for said County and
State, certify that _____________________ and ________________________,
personally known to me to be the ____________ and the ____________ of Red
Head Rentals, LLC, an Illinois limited liability company, and the persons whose
names are subscribed to this instrument, appeared before me this day in person
and severally acknowledged before me that they signed and delivered said
instrument pursuant to authority given therefor by the said limited liability
company as their free and voluntary act and as the free and voluntary act of the
said limited liability company for the uses and purposes therein set forth.
Given under my hand and seal this _______ day of ____________, 2020.
________________________________
Notary Public
STATE OF ILLINOIS )
) SS
COUNTY OF WILL )
I, ____________________________, a notary public in and for said County and
State, certify that Michael P. Collins, personally known to me to be the Village
President of the Village of Plainfield, Illinois, and Michelle Gibas, personally
known to me to be the Clerk of said Village, and whose names are subscribed to
this instrument, appeared before me this day in person and severally
acknowledged before me that as such President and Clerk of the said Village
they signed and delivered the said instrument and caused the corporate seal of
the Village to be affixed thereto, pursuant to authority given therefor by the
Board of Trustees of said Village, as their free and voluntary act and as the free
and voluntary act of said Village, for the uses and purposes therein set forth.
Given under my hand and seal this ______ day of ____________, 2020.
____________________________________
Notary Public
42
EASEMENT ACQUISITION AGREEMENT
WITNESSETH:
This Easement Acquisition Agreement (“Agreement”) is made and entered into as of this
______ day of ___________________, 2020, by and between the Village of Plainfield, an Illinois
Municipal Corporation (“Village”) and Red Head Rentals, LLC, an Illinois limited liability company
("Owner").
WHEREAS, Village has been and is in the process of constructing public parking spaces to
serve parking needs within the Village; and
WHEREAS, in connection with the foregoing, the Village has determined that it is necessary
and desirable to acquire an easement for the construction, reconstruction, extension, maintenance
improvement, use and operation of a public parking lot upon a portion of certain real property
owned by Owner; and
WHEREAS, the real property owned by Owner (“Owner’s Property”) is legally described in
Exhibit A, a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, the portion of Owner’s Property to be subject to the above-mentioned easement
is described and depicted in Exhibit B hereto, a copy of which is attached hereto and incorporated
herein by reference, such portion of Owner’s Real Property being hereinafter referred to as the
“Easement Area”; and
WHEREAS, the public parking area to be constructed by the Village (for which the easement
herein contemplated is required) is located partially upon property owned by Plainfield Township,
such property being legally described and otherwise depicted in Exhibit C, a copy of which is
attached hereto and incorporated herein by reference, and such property being hereinafter referred
to as the “Township Property”; and
WHEREAS, Owner desires to formally grant, dedicate and convey to the Village an easement
over, on, upon, across and through the Easement Area for purposes of the construction,
reconstruction, extension, maintenance improvement, use and operation of a public parking lot, all
in accordance with and subject to the terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set
forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, Owner and Village hereby agree as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement as if fully set forth
in this Section 1.
2. Grant of Easement. Subject to the terms and provisions of this Agreement, Owner
hereby grants, conveys and dedicates to the Village an easement over, on, upon,
through, under and across the Easement Area for purposes of the construction,
reconstruction, extension, maintenance, improvement, use and operation of a public
43
parking lot. The Easement Area granted, dedicated and conveyed to the Village
hereunder shall be a perpetual and permanent easement upon, over, under and across
such property to permit the same to be used for the construction, reconstruction,
extension, maintenance improvement, use and operation of a public parking lot. Owner
acknowledges that from and after the date first above named, it shall not construct or
place any buildings, structures, permanent improvements or obstructions of any kind
within the Easement Area.
3. Village Restoration Obligations. Without otherwise limiting, modifying or affecting any
other provision of this Agreement, the Village shall, at its sole cost and expense, repair
and restore any damage to Owner’s Property located outside of the Easement Area
resulting from construction activities undertaken by the Village.
4. Ownership of Improvements; Use by Other Public Utility Companies. Village shall at all
times retain title to, ownership of and control over all improvements of any nature or
kind constructed or located by Village within the Easement Area as contemplated by the
provisions of this Agreement. Owner further acknowledges and agrees that, subject to
the Village’s agreement and approval, other public utility service providers shall be
permitted to locate lines, improvements and facilities within the Easement Area, subject
to and in accordance with the provisions of this Agreement, which provisions shall apply
to the use of the Easement Area by such other public utility service providers in the
same manner and to the same extent as such provisions apply to the Village’s use of the
Easement Area hereunder.
5. Owner’s Parking Rights—Township Property Public Parking Lot. In consideration of the
Owner’s grant to the Village of the easement herein contemplated, the Village shall
obtain the right, pursuant to an intergovernmental agreement duly adopted by the
Village and Plainfield Township (the “Intergovernmental Agreement”), to grant to Owner
a license for a term of twenty years from the date on which the Village and Township
approve the Intergovernmental Agreement to use a portion of the Township Property for
customer, guest, invitee, and employee parking. The portion of the Township Property
to be subject to such easement (the “License Area”) is legally described and otherwise
depicted in Exhibit D hereto, a copy of which is attached hereto and incorporated herein
by reference, and the easement shall be granted substantially in the form of the
agreement (the “License Agreement”) attached hereto and incorporated herein by
reference as Exhibit E. Pursuant to the Intergovernmental Agreement, the Village shall
assume responsibility for the construction, improvement and maintenance of the parking
area to be constructed within the License Area, and for the placement of reasonable
signage advising the public that the parking spaces within the License Area are for the
exclusive use of the Owner and its customers, guests, invitees and employees. Owner
acknowledges that the applicable provisions of the Intergovernmental Agreement and
the License Agreement limit Owner’s use of the License Area to ten designated vehicle
parking spaces.
6. Owner’s Obligations—Township Property Public Parking Lot. In consideration of the
Village’s construction of the public parking lot improvements as herein contemplated and
the Village’s securing the right to grant the License Agreement, Owner shall, within thirty
(30) days of its receipt of an invoice from Village, remit to Village an amount equal to
one half of the costs incurred by the Village in connection with the design and
construction of the Township Property Public Parking Lot improvements. Such invoice
from the Village shall be accompanied by reasonable documentation evidencing that all
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such costs have been fully paid, and that the work in question has been accepted and
approved by the Village.
7. Notice of Work. Except in bona fide emergency situations, Village shall provide Owner
with not less than seventy-two (72) hours reasonable prior notice of its intention to
commence construction activities within the Easement Area.
8. Indemnification. Village hereby indemnifies, defends and holds harmless Owner and its
officers, directors, employees and agents of and from any and all liabilities, claims,
damages, costs, expenses or judgments resulting from the Village’s use of the Easement
Area as contemplated herein. During the term of this Agreement, Village shall at all
times maintain in force and effect policies of general liability insurance, automobile
liability insurance and workers’ compensation insurance with the coverages and limits set
forth in Exhibit F, a copy of which is attached hereto and incorporated herein by
reference. All such policies of insurance shall name the Owner and its officers,
employees and agents as additional named insureds by written endorsement, and shall
be written on an occurrence basis and not on a claims-made basis.
9. Successors. This Agreement and the easement to be granted pursuant hereto shall bind
and inure to the benefit of Owner and Village, and their respective successors, assigns
and grantees.
IN WITNESS WHEREOF, Owner and Village have executed this Agreement all as of the date
and year first above named.
“Owner”
Red Head Rentals, LLC, an Illinois limited liability company
BY: ___________________________________
ATTEST: _______________________________
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“VILLAGE”
Village of Plainfield, an Illinois Municipal Corporation
BY:___________________________________
Michael P. Collins, Village President
ATTEST:_______________________________
Michelle Gibas, Village Clerk
STATE OF _____________ )
) SS
COUNTY OF ___________ )
I, ____________________________, a notary public in and for said County and State,
certify that _____________________ and ________________________, personally known
to me to be the ____________ and the ____________ of Red Head Rentals, LLC, an Illinois
limited liability company, and the persons whose names are subscribed to this instrument,
appeared before me this day in person and severally acknowledged before me that they
signed and delivered said instrument pursuant to authority given therefor by the said limited
liability company as their free and voluntary act and as the free and voluntary act of the said
limited liability company for the uses and purposes therein set forth.
Given under my hand and seal this _______ day of ____________, 2020.
________________________________
Notary Public
STATE OF ILLINOIS )
) SS
COUNTY OF WILL )
I, ____________________________, a notary public in and for said County and State,
certify that Michael P. Collins, personally known to me to be the Village President of the
Village of Plainfield, Illinois, and Michelle Gibas, personally known to me to be the Clerk of
said Village, and whose names are subscribed to this instrument, appeared before me this
day in person and severally acknowledged before me that as such President and Clerk of the
said Village they signed and delivered the said instrument and caused the corporate seal of
the Village to be affixed thereto, pursuant to authority given therefor by the Board of
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Trustees of said Village, as their free and voluntary act and as the free and voluntary act of
said Village, for the uses and purposes therein set forth.
Given under my hand and seal this ______ day of ____________, 2020.
____________________________________
Notary Public
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