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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 1 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. 2 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. 3 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 2 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 3 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 4 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. 7 5 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 6 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 7 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 10 8 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 9 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. 12 10 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 11 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 -1- 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 28 -2- 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 -3- 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 30 -4- 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. 31 -5- 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 32 -6- 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 -7- 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 -8- 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 -9- 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 44 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: _______________________________ 45 “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 46 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 47