R-1547 - 04/12/2016 - LICENSE - Resolutions Supporting Documents ITEM 8.B. 1)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B RK BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 12, 2016
SUBJECT: York Woods Forest Preserve Water Main License Agreement
FROM: Doug Patchin, Public Works Director
BUDGET SOURCE/BUDGET IMPACT: $5,255 is included in Program#351
(Water Fund).
RECOMMENDED MOTION: Motion to Approve RESOLUTION 2016-FPD-LC-
AG-R-1547. A Resolution approving a License Agreement between the Village of Oak
Brook and the Forest Preserve District of DuPage County,providing for the operation
and maintenance of an existing water main in the York Woods Forest Preserve.
BackmundBistory:
A 20 year License Agreement for a water main in the York Woods Forest Preserve was
signed and executed between the Village of Oak Brook and the Forest Preserve District
of DuPage County in March, 1996. The existing agreement expires on March 22, 2016;
this agreement is for a section of water main that runs through the York Woods Forest
Preserve (see attached). Staff recommends a five (5) year agreement be approved. The
existing water main in the Forest Preserve will be abandoned, and a new water main will
be installed in Village Right-of-Way within this five (5) year period.
At present if this section of water main which runs through the Forest Preserve were to
start leaking, the leak would not be noticed until the area flooded and water flowed into
the Forest Preserve parking lot. By moving this section of water main into Village Right-
of-Way a leak would be easier to detect and repair.
The Village attorney has reviewed the attached License Agreement.
Recommendation:
Staff recommends the Village Board approve this License Agreement between the Forest
Preserve District of DuPage County and the Village of Oak Brook, providing for the
operation and maintenance of an existing water main in the York Woods Forest Preserve.
Page 1
BOT AGENDA ��,
Resolution 2016-FPD-LC-AG-R-1547
A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THE
VILLAGE OF OAK BROOK AND THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY
WHEREAS, the Village of Oak Brook has operated and maintained for many years an existing
water main in York Woods and the water main was in place under the terms of a 20-year License
Agreement that expired on March 22, 2016; and
WHEREAS, the Forest Preserve District of DuPage County was the Licensor under the License
Agreement and is willing to enter into a new License Agreement with a five-year term with the expectation
that during that period of time the Village will install a different route for that pipe and will abandon that
pipe; and
WHEREAS, a License Agreement has been prepared between the parties to deal with those
contingencies; and
WHEREAS, the Village and the Forest Preserve District of DuPage County desire to enter into
and execute a License Agreement("Agreement")which Agreement is attached as Exhibit A; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of
this Resolution, as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve of the Agreement by and between the Village and the Forest Preserve District of DuPage County
in substantially the form as attached as Exhibit A.
Section 3: Authorization and Execution of the Agreement. The Village President and the
Village Clerk shall be, and hereby are, authorized to execute the Agreement in substantially the same
form as attached hereto as Exhibit A after receipt of the final Agreement fully executed by the Forest
Preserve District of DuPage County.
Section 4: Effective Date. This Resolution shall be in full force and effect from and after its
passage by the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2016-FPD-LC-AG-R-1547
Approving a License Agreement Between the
Village of Oak Brook and the Forest
Preserve District of DuPage County
Page 2 of 3
APPROVED THIS 12th day of April, 2016
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of April, 2016
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
2
Resolution 2016-FPD-LC-AG-R-1547
Approving a License Agreement Between the
Village of Oak Brook and the Forest
Preserve District of DuPage County
Page 3 of 3
EXHIBIT A
LICENSE AGREEMENT
4817-2325-2271,v. 1
3
LICENSE NO. X-370-OOIL
NOT TO BE RECORDED
A LICENSE AGREEMENT BETWEEN THE FOREST PRESERVE
DISTRICT OF DUPAGE COUNTY AND THE VILLAGE OF OAK BROOK
PROVIDING FOR THE OPERATION AND MAINTENANCE OF AN EXISTING
WATERMAIN IN YORK WOODS FOREST PRESERVE
THIS LICENSE AGREEMENT is made and entered into by and between the Forest Preserve
District of DuPage County,a body politic and corporate(hereinafter the"District"),and the Village
of Oak Brook, a municipal corporation(hereinafter "Licensee").
WITNESSETH:
WHEREAS,the District owns certain property commonly known as the York Woods Forest
Preserve (hereinafter York Woods): and
WHEREAS,Licensee was granted a License in 1996 for the operation and maintenance of an
existing watermain in York Woods,and said License has a term of twenty(20)years and expires on
March 22, 2016; and
WHEREAS, it is necessary for Licensee to continue to operate and maintain the existing
watermain within York Woods; and
WHEREAS, Licensee has requested a License for five (5) years in order to operate and
maintain the existing watermain; and
WHEREAS,the District,pursuant to Section 6 of the Downstate Forest Preserve District Act,
70 ILCS 806/6, is empowered to grant licenses for public services; and
WHEREAS,the District finds that it is reasonable,necessary and desirable to grant Licensee
a License within York Woods, subject to the terms and conditions set forth herein; and
York Woods License Agreement X-370-001 L- Page 1
WHEREAS,the Executive Director is authorized to issue Licenses pursuant to the authority
conferred by the District's Easement and License Ordinance (Ordinance No. 96-096).
NOW,THEREFORE,in consideration of the promises,terms and conditions set forth herein,
the parties agree as follows:
1. The recitals set forth above are incorporated herein and made a part of this
Agreement.
2. The District hereby grants Licensee a License to continue to operate and maintain an
existing watermain within a portion of York Woods as depicted in Exhibit"A",attached hereto and
made a part hereof, (said portion hereinafter referred to as the "License Area") for the purpose of
providing Licensee with access to its existing watermain. Said License Area is twenty five(25)feet
wide and centered on the existing watermain.
3. The License granted herein has a term of five(5)years and shall terminate on March
22,2021. The Licensee may terminate this License on not less than sixty days' written notice if it no
longer needs to use the water line. In that case,without regard to any other provision of this License,
it will not be obligated to remove the water line,but it shall fill the pipe with flowable fill such as
liquid concrete, which shall be done before the cancellation notice is given.
4. In consideration of the granting of this License, Licensee shall pay the District a
License fee in the amount of five thousand two hundred fifty five and no/100 dollars($5,255.00)for
the use of the License Area(License Area of 0.8 acres X$26,267/20(years)_$1,051 per year X 5
years= $5,255.00). Said payment, which is due upon the execution of this Agreement, shall be in
the form of a Village issued check made payable to the Forest Preserve District of DuPage County.
In the event that the Licensee shall terminate the License in accordance with Section 3,the District
shall return to the Licensee any proportion of the License fee for the period of the License not used
York Woods License Agreement X-370-001 L- Page 2
which refund shall be based on the full months remaining in the full five-year term.
5. Except as the parties may otherwise agree in writing,Licensee shall promptly repair
any damage to the License Area or other District property resulting,directly or indirectly, from the
use of the License Area. All repairs shall be subject to the approval of the District's Executive
Director. In the event Licensee fails to properly repair any damage within fourteen(14)days of the
effective date of written notice from the District demanding the repair, the District shall have the
right to take such action as it deems necessary to repair the damage,which shall include the authority
to engage the services of an independent contractor and to utilize the funds deposited with the
District. If the costs and expenses incurred by the District in repairing the damage exceed the
amount of the restoration bond deposited with the District, Licensee shall be responsible for
reimbursing the District for the additional costs and expenses in excess of the amount deposited with
the District under this paragraph that are related to the repair work within ten(10)days of service of
the District's written demand for payment.
6. Except as otherwise required by the District's Executive Director, Licensee shall
purchase and maintain during this Agreement insurance coverage which will satisfactorily insure
Licensee and,where appropriate,the District against claims and liabilities which may arise out of the
use of the License Area. Such insurance shall be issued by companies licensed to do business in the
State of Illinois and approved by the District. The insurance coverages shall include the following:
(A) Workers' compensation insurance with limits as required by the applicable workers'
compensation statutes. The employer's liability coverage under the workers'compensation
policy shall have limits of not less than $500,000 each accident/injury; $500,000 each
employee/disease; $500,000 policy limit.
(B) Commercial general liability insurance protecting Licensee against any and all public
York Woods License Agreement X-370-001 L- Page 3
liability claims which may arise in the course of using the License Area. The limits of
liability shall be not less than $1,000,000 each occurrence bodily injury/property damage
combined single limit and $2,000,000 aggregate bodily injury/property damage combined
single limit. The policy of commercial general liability insurance shall include contractual
liability coverage and an endorsement naming the District as an additional insured.
(C) Commercial automobile liability insurance covering Licensee's owned,non-owned and
leased vehicles which protects Licensee against automobile liability claims whether on or off
the District's premises with coverage limits of not less than$1,000,000 each accident bodily
injury/property damage combined single limit.
(D) Umbrella or Excess liability insurance with limits of not less than $1,000,000 each
occurrence bodily injury/property damage combined single limit and$1,000,000 aggregate
bodily injury/property damage combined single limit. The Umbrella or Excess coverage
shall apply in excess of the limits stated in subparagraphs(B)and(C)above,and shall either
include an endorsement naming the District as an additional insured or provide"following
form" coverage.
7. Licensee shall furnish the District with certificates of insurance and, upon the
District's request,copies of all insurance policies and endorsements thereto evidencing the coverages
required under paragraph 6. The insurance certificates and policies shall provide that no cancellation
or modification of the policy or policies shall occur without at least thirty (30) days' prior written
notice to the District. Licensee shall not enter upon the License Area until evidence of the required
insurance has been received and approved by the District.
8. Licensee shall defend,hold harmless,and indemnify the District and all of its officers,
agents, employees and elected officials from any loss, damage, demand, liability, cause of action,
York Woods License Agreement X-370-001 L- Page 4
fine, judgment or settlement, together with all costs and expenses related thereto (including
reasonable expert witness and attorney fees),that may be incurred by the District as a result of bodily
injury, death or property damage or as a result of any other claim or suit of any nature whatsoever
arising from or in any manner connected with,directly or indirectly,the negligent or intentional acts
or omissions of Licensee pertaining to the use of the License Area or the negligent or intentional acts
or omissions of any independent contractor or subcontractor that is engaged by Licensee and
permitted to utilize the License Area. Licensee shall require all such contractors or subcontractors to
agree to defend, hold harmless and indemnify the District to the same extent required of Licensee
under this paragraph.
9. In the event Licensee breaches any provision contained herein, the District may
immediately terminate this Agreement by serving written notice as provided for in paragraph 11. A
waiver by the District of any breach of one or more of the terms of this Agreement on the part of
Licensee shall not constitute a waiver of any subsequent or other breach of the same or other term,
nor shall the failure on the part of the District to require exact, full and complete compliance with
any of the terms contained herein be construed as changing the terms of this Agreement or estopping
the District from enforcing full compliance with the provisions herein. No delay,failure or omission
of the District to exercise any right,power,privilege or option arising from any breach shall impair
any right, privilege or option, or be construed as a waiver or acquiescence in such breach or as a
relinquishment of any right. No option, right, power, remedy or privilege of the District shall be
construed as being exhausted by the exercise thereof in one or more instances. The rights,powers,
privileges and remedies given the District under this Agreement and by law shall be cumulative.
10. Licensee shall indemnify the District for all costs and expenses,including reasonable
attorney and expert witness fees,incurred by the District in any legal proceeding or action,whether
York Woods License Agreement X-370-001 L- Page 5
at law or in equity, instituted for the purpose of enforcing any provision of this Agreement.
11. All notices required to be provided under this Agreement shall be in writing and
served either (a) personally during regular business hours; (b) by facsimile transmission during
regular business hours; or (c) by registered or certified mail, return receipt requested, properly
addressed with postage prepaid and deposited in the United States mail. Notices served upon the
District shall be directed to the Executive Director,Forest Preserve District of DuPage County- if
personally served: 35580 Naperville Road, Wheaton, IL 60187; if sent by mail: P.O. Box 5000,
Wheaton, IL 60189-5000; if sent by facsimile: 630-933-7093; if sent by e-mail:
forest @forestpreserve.org.Notices served upon Licensee shall be directed to the Village Manager,
Village of Oak Brook—if personally served or by mail: ; if sent by facsimile:
;if sent by e-mail: . Notices served personally or by facsimile
transmission shall be effective upon receipt and notices served by mail shall be effective upon receipt
as verified by the United States Postal Service.
12. Licensee shall not record this Agreement or any memorandum or other document
referring hereto, without the written consent of the District's Executive Director.
13. This Agreement shall be construed in accordance with the laws of the State of Illinois.
14. The provisions set forth herein represent the entire agreement between the parties and
may not be modified or changed in any respect unless such modification or change is in writing and
signed by both parties.
IN WITNESS WHEREOF, the parties have entered into this License Agreement as of the
of 52016.
FOREST PRESERVE DISTRICT VILLAGE OF OAK BROOK
York Woods License Agreement X-370-001 L- Page 6
OF DUPAGE COUNTY
BY: BY:
Executive Director
Title:
ATTEST: ATTEST:
Secretary
Title:
4828-8237-4959,v. 1
York Woods License Agreement X-370-001 L-Page 7
York Woods
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Forest Preserve District of DuPage County
35580 Naperville Road • Wheaton,IL 60189-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857
April 21, 2016
Doug Patchin
Village of Oak Brook
3003 Jorie Blvd.
Oak Brook, IL 60523
RE: York Woods—License Agreement
Dear Doug,
Enclosed please find your copy of the signed License Agreement. I kept one for our files. Thank you for
your assistance in completing the approval of the License Agreement.
Best,Reggards,
Kevin Stough
Manager of Land Preservation
Enc.
Mailing Address: P.O.Box 5000 • Wheaton,IL 60189-8761 • www.dupageforest.org