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R-1838 - 11/12/2019 - BOARD OF TRUSTEES - Resolutions Supporting Documents r'.-s 1 h.•v t-r%�jJ�Q t Y REVIEW OF CONTRACTS Awarding Agency: Type of Contract: = 0 ,.A Department: Program/Account Number: Awardeg Contract Price. B d eted Amount: Under $20,000 $500,001 - $1,000,000 $20,000 - $500,000 Over $1,000,000 C od A) 7izoo,� Name: Date: U SW 19 1 Name: Date: 1013611q Name: Date: 16-2 Name: Date: Date/Initials Three (3) Originals signed by other party Original provided to staff member for other party Date/Initials - ' Original provided to Official Files Date/Initials 0 Village of Oak Brook I Approved by Board of Trustees- Date/Initials: Y`QA 630-407-6900 ISIDIVFTRANSTATIFax: 630-407-690 t,H dot«dupageco.org www.dupageco.org,/dot DUPAGE kJll TY December 16, 2019 Mr. Douglas Patchin Public Works Director General Village of Oakbrook 630-407-6900 3003 Jorie Blvd. Maintenance Oakbrook, IL 60523 630-407-6920 Permitting 0 Re: Resolution DT-0-0001-20 Intergovernmental Agreement Between the County of DuPage and Village of Oakbrook 630-407-6900 For Improvements along CH34/31St Street from Meyers Rd to York Road Section No. 14-00259-05-CH Dear Mr. P,agw-. One(1)original of the Resolution and fully executed Intergovernmental Agreement between the County of DuPage and Village of Oakbrook for Improvements along CH34/31St Street from Meyers Rd to York Road is enclosed for your file. If you have any questions or concerns, please feel free to contact me at 630-407-6900. Very truly yours, rIstop ekr'. Snyder;P.E J Director of Transportation/County Engineer Enclosure CCS/jem Cc: (via email only) P. Krueger/DOT D.Nowak/DOT T. Bakutis/DOT M. Erwin/DOT J. McAvoy/DOT Sack T. Knuep#er Administration Building, 421 N. County Farm Road, Wheaton, Illinois 60187 1 > Ordinance DT-O-0001-20 ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR IMPROVEMENTS ALONG CH 34/3 IST STREET FROM MEYERS ROAD TO YORK ROAD SECTION 14-00259-05-CH WHEREAS, the County of DuPage (hereinafter referred to as COUNTY)proposes to improve CH 34/31s' Street, from Meyers Road to York Road, Section 14-00259-05-CH hereinafter referred to as PROJECT); and WHEREAS, the COUNTY and the Village of Oak Brook(hereinafter referred to as VILLAGE) have determined that it is necessary to enter into an intergovernmental agreement hereinafter referred to as AGREEMENT) for the COUNTY to acquire temporary construction easements and right-of-way from the VILLAGE and to define mutual PROJECT costs and maintenance responsibilities with respect to the PROJECT; and WHEREAS, the COUNTY and the VILLAGE are municipalities as defined in Section 1 c) of"An Act in Relation to the Transfer of Interests in Real Estate by Units of Local Governments or School Districts," 50 ILCS 605/1(c) (hereinafter referred to as TRANSFER ACT); and WHEREAS, Section 2 of the TRANSFER ACT authorizes the conveyance of real property from one municipality to another municipality upon two-thirds vote of the corporate authorities of the transferor municipality; and WHEREAS, as a condition precedent to a conveyance under Section 2 of the TRANSFER ACT, the transferee must first declare by ordinance "that it is necessary or convenient for it to use, occupy or improve"the real estate held by the transferor municipality; and WHEREAS,the COUNTY hereby determines that it is reasonable, necessary and in the public interest and welfare to acquire and use said temporary construction easements and right- of-way, currently held by the VILLAGE and depicted in the AGREEMENT, for the PROJECT; and WHEREAS,the parties are authorized to enter into the attached AGREEMENT pursuant to the authority granted in Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq. and the TRANSFER ACT. NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the recitals set forth above are incorporated herein and made a part hereof; and BE IT FURTHER ORDAINED that the COUNTY hereby declares that"it is necessary or convenient for it to use, occupy or improve"property owned by the VILLAGE as referenced in the attached AGREEMENT; and BE IT FURTHER ORDAINED that the Chairman is hereby authorized and directed to sign on behalf of the COUNTY, and the Clerk is hereby authorized to attest thereto, the AGREEMENT entitled "INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR IMPROVEMENTS ALONG CH 34/3IST STREET, FROM MEYERS ROAD TO YORK ROAD, SECTION 14- 00259-05-CH"; and Ordinance DT-0-0001-20 BE IT FURTHER ORDAINED that the Director of Transportation/County Engineer or his designee is hereby authorized to execute any other documents necessary and pertinent to said AGREEMENT and shall take such action as may be necessary to carry out the terms of said AGREEMENT; and BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two duplicate originals of this authorizing Ordinance and AGREEMENT to the Village of Oak Brook, by and through the Division of Transportation. Enacted and approved this 10th day of Dec+ e , 2019 at ato , Illinois. DANIEL J. CRONIN, CHAIRMAN DU PAGE COUNTY BOARD Attest: JEA CZMARE , COUNTY CLERK AYES 115 NAYS 0 ABSENT 3 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK CH 34/31ST STREET FROM MEYERS ROAD TO YORK ROAD SECTION NO. : 14-00259-05-CH This Intergovernmental Agreement (hereinafter referred to as AGREEMENT") is entered into this qday of Lg(.e.n6e , 20 19 , between the County of DuPage (hereinafter referred to as the COUNTY") a body corporate and politic, with offices at 421 North County Farm Road, Wheaton, Illinois and the Village of Oak Brook, hereinafter referred to as the "VILLAGE") , a municipal corporation with offices at 1200 Oak Brook Road, Oak Brook, Illinois . The COUNTY and the VILLAGE are hereinafter sometimes individually referred to as a "party" or together as the parties . " RECITALS WHEREAS, the COUNTY in order to facilitate the free flow of traffic and to ensure the safety of the public desires to improve CH 34/31st Street from Meyers Road to York Road, including at Jorie Boulevard, County Section 14-00259-05-CH hereinafter referred to as the "PROJECT") ; and WHEREAS, the COUNTY and the VILLAGE desire to cooperate in the development and construction of the PROJECT because of the benefit of the PROJECT to the residents of DuPage County, the VILLAGE and the public; and WHEREAS, the COUNTY has determined that the acquisition of temporary construction easements and right-of-way from the VILLAGE are required for the PROJECT; and WHEREAS, the COUNTY and the VILLAGE desire to establish the parties' mutual project, cost and maintenance responsibilities with respect to the PROJECT; and WHEREAS, the COUNTY by virtue of its power set forth in Counties Code" (55 ILCS 5/1-1001 et seq. ) and "Illinois Highway Code" (605 ILCS 5/1-101 et seq. ) and the VILLAGE by virtue of its power set forth in the "Illinois Municipal Code" (65 ILCS 5/1-1-1 et seq. ) are authorized to enter into this AGREEMENT; and Oak Brook IGA—31"Street Meyers Rd.to York Rd. 1 10/25/2019 2.0 SCOPE OF PROJECT 2 . 1 . The PROJECT includes, but is not limited to, milling and resurfacing CH 34/31st Street, patching, curb and drainage repairs, and at Jorie Boulevard, intersection improvements including constructing an additional eastbound left turn lane, constructing a westbound right turn lane, traffic signal modernization, and other appurtenant and necessary work. 2 .2 . The PROJECT includes the land acquisition of property along CH 34/31st Street, in fee and temporary construction easements as set forth in the attached Exhibits B and C. 3. 0 RESPONSIBILITIES - JOINT 3. 1 . The parties agree to cooperate in and make every effort to cause the construction of the PROJECT. 3. 2 . The COUNTY and VILLAGE agree that the contract documents for the PROJECT are being prepared in an effort to minimize the need to relocate VILLAGE utilities . Should field conditions result in unexpected utility conflict (s) , reasonably demonstrated to have been caused based on the information provided to the COUNTY from the VILLAGE, all reasonable costs associated with resolving said utility conflict (s) shall be at the sole cost of the VILLAGE. 4. 0 RESPONSIBILITIES OF THE COUNTY 4 . 1 . The COUNTY shall be responsible for all PROJECT costs except as noted hereinafter, act as the lead agency and be responsible for completing all preliminary and design engineering, right-of-way and/or easement acquisition, coordinating with the Illinois Department of Transportation for letting/awarding of a construction contract, permit processing except as noted in paragraph 5 . 3 hereinafter, and utility coordination except as noted in paragraph 3 . 2 hereinabove, and construction engineering for the PROJECT. Oak Brook IGA—31"Street Meyers Rd.to York Rd. 3 10/25/2019 4 . 2 . Both the COUNTY and VILLAGE agree that the COUNTY shall administer the contract for the construction of the PROJECT. 4 . 3 . The COUNTY agrees, if necessary, to make arrangements for and apply for permits for PROJECT required adjustments, relocations and modifications, etc. to VILLAGE utility facilities, which are in conflict with the PROJECT at no expense to the VILLAGE. 4 . 4 . The COUNTY will submit Pre-final Plans and Specifications for the PROJECT to the VILLAGE for review. The COUNTY will correct any errors and address other reasonable comments prior to the submittal of Final Plans and Specifications to the VILLAGE. 4 . 5 . The COUNTY shall reimburse the VILLAGE for pass through consultant plan review and inspection fees concerning the stormwater permit as referenced in paragraph 5. 1 hereinafter. 4 . 6. The COUNTY shall pay to the VILLAGE $180, 000 . 00 as the fair market value for the proposed acquisition of VILLAGE owned property following execution of this AGREEMENT. 5. 0 RESPONSIBILITIES OF THE VILLAGE 5 . 1 . The VILLAGE agrees to waive VILLAGE administration fees for plan/stormwater permit reviews/inspections for the PROJECT. This waiver shall not include pass through consultant plan review and inspection fees, for which the COUNTY will reimburse the VILLAGE. The COUNTY agrees to reimburse the VILLAGE within sixty 60) days of receipt of a properly documented invoice from the VILLAGE. 5 .2 . Simultaneously with the approval of this AMENDMENT, the VILLAGE shall grant to the COUNTY, at no cost to the COUNTY, temporary construction easements attached hereto as Exhibit B and execute a Quit Claim Deed for right-of-way acquisition of VILLAGE owned property attached hereto as Exhibit C and incorporated herein, subject to 4 . 6 hereinbefore. The Village will convey said title to the COUNTY under the Local Government Oak Brook IGA—311 Street Meyers Rd.to York Rd. 4 10/25/2019 Property Transfer Act, 50 ILCS 605/2, and Village will comport with all requirements under the statute. 5 .3 . The VILLAGE agrees, if necessary, to make arrangements for and issue permits for PROJECT required adjustments, relocations, modifications, etc. to utility facilities located within existing VILLAGE rights of way which are in conflict with the PROJECT at no expense to the COUNTY. 5 . 4 . The VILLAGE agrees to reimburse the COUNTY fifty percent (500) of the local match of construction costs for the traffic signal modernization at Jorie Boulevard. VILLAGE' S share estimated to be 51, 000 . 00. 5 . 5 . The VILLAGE agrees to reimburse the COUNTY an additional ten percent (10%) of the VILLAGE' s actual final share of construction cost of the signal work at Jorie Boulevard for construction engineering. 5 . 6. The VILLAGE agrees to reimburse the COUNTY fifty percent (50%) of the actual design engineering cost for the signal work at Jorie Boulevard. VILLAGE' S share estimated to be $8, 400. 00 . 5 . 7 . The VILLAGE agrees to pay the COUNTY eighty percent 80%) of the estimated VILLAGE cost for construction and construction engineering as attached hereto in Exhibit A upon award of the contract for the PROJECT based upon as-bid unit prices . Upon completion of the signal work at Jorie Boulevard and based upon the documentation of final costs and quantities, submitted by the COUNTY and a final invoice, the VILLAGE agrees to reimburse the COUNTY for the balance of the estimated VILLAGE cost . All invoices shall be paid within sixty (60) days of receipt of a properly documented invoice from the COUNTY. 5 . 8 . The VILLAGE agrees to reimburse the COUNTY for one hundred percent (100%) of the VILLAGE' s share of design engineering costs upon award of a construction contract. 5 . 9 . The VILLAGE agrees to pay for all monthly energy costs for the traffic signal upon completion of the PROJECT and shall be invoiced directly by the energy provider Oak Brook IGA—311 Street Meyers Rd.to York Rd. 5 10/25/2019 for the traffic signal . The COUNTY and VILLAGE shall mutually coordinate to assure the energy provider has all necessary information to correctly invoice the VILLAGE for all monthly energy costs . In the event of erroneous billing, the VILLAGE agrees to provide whatever available documentation regarding the signal that is needed to correct such billing errors. 5 . 10 . The VILLAGE agrees to pay fifty percent (.500) of the maintenance costs for the signal upon completion of the project. The COUNTY will invoice the VILLAGE annually for the traffic signal maintenance costs . 5 . 11 . If, in the future, the COUNTY improves 31St Street which results in the need to modernize and reconstruct the traffic signal at Jorie Boulevard, and/or if it is determined that the signal requires modernization or reconstruction due to age, condition, etc. , the VILLAGE agrees to reimburse the COUNTY for its share of the cost of the improvement to the signal in proportion to the number of approaches to the intersection maintained by the VILLAGE. 5. 12 . The stormwater permitting authority for the PROJECT is within the corporate limits of the VILLAGE. Therefore, the VILLAGE will be approving and issuing the stormwater permit certification. 5 . 13 . For the PROJECT, all plan reviews and approvals shall be done in accordance with the DuPage County Countywide Stormwater and Flood Plain Ordinance and VILLAGE codes . 6. 0 MAINTENANCE 6. 1 . The COUNTY agrees that it will be responsible for all maintenance of that part of the PROJECT owned or under the jurisdiction of the COUNTY and the VILLAGE shall be responsible for all maintenance of that part of the PROJECT owned or under the jurisdiction of the VILLAGE. 6 . 2 . Upon completion of the PROJECT, the COUNTY shall own, operate and maintain the traffic signal at Jorie Boulevard and shall provide and pay for all costs Oak Brook IGA—31"Street Meyers Rd.to York Rd. 6 10/25/2019 associated with the future maintenance and repair of the signal with reimbursement by the VILLAGE as hereinbefore referenced in 5 . 10. 7. 0 INDEMIFICATION 7 . 1 . The COUNTY shall, to the extent permitted by law, indemnify, hold harmless and defend the VILLAGE, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the COUNTY' s negligent or willful acts, errors or omissions in its performance under this AGREEMENT. The COUNTY does not hereby waive any defenses or immunity available to it with respect to third parties. 7 . 1 . 1 . The COUNTY and the VILLAGE acknowledge that the COUNTY has made no representations, assurances or guaranties regarding the COUNTY' s or any successor' s or assign' s authority and legal capacity to indemnify VILLAGE as provided for in this AGREEMENT. In the event a court of competent jurisdiction holds that the COUNTY, or any successor or assign, is deemed to lack the lawful authority or ability to indemnify, defend or hold harmless the VILLAGE, or any person or entity claiming a right through VILLAGE, or in the event of change in the laws of the State of Illinois governing COUNTY' s or any successor' s or assign' s indemnification authority, such occurrence (s) shall not affect the validity and enforceability of the remainder of this AGREEMENT or the parties rights and obligations provided for therein. 7 . 2 . The VILLAGE shall, to the extent permitted by law, indemnify, hold harmless and defend the COUNTY, its officials, officers, employees, and agents from and Oak Brook IGA—31"Street Meyers Rd.to York Rd. 7 10/25/2019 against all liability, claims, suits, demands, proceedings and action, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the VILLAGE' s negligent or willful acts, errors or omissions in its performance under this AGREEMENT. The VILLAGE does not hereby waive any defenses or immunity available to it with respect to third parties . 7 . 2 . 1 . The COUNTY and the VILLAGE acknowledge that the VILLAGE has made no representations, assurances or guaranties regarding the VILLAGE' s or any successor' s or assign' s authority and legal capacity to indemnify COUNTY as provided for in this AGREEMENT. In the event a court of competent jurisdiction holds that the VILLAGE, or any successor or assign, is deemed to lack the lawful authority or ability to indemnify, defend or hold harmless the COUNTY, or any person or entity claiming a right through COUNTY, or in the event of change in the laws of the State of Illinois governing VILLAGE' s or any successor' s or assign' s indemnification authority, such occurrence (s) shall not affect the validity and enforceability of the remainder of this AGREEMENT or the parties rights and obligations provided for therein. 7 . 3 . Nothing contained herein shall be construed as prohibiting the COUNTY, its officials, directors, officers, agents and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and actions brought against them. Pursuant to Illinois law, 55 ILLS 5/3-9005, any attorney representing the COUNTY, who is not already an Assistant State' s Attorney, is to be appointed a Special Assistant State' s Attorney, as provided in 55 ILLS 5/3-9008 . The COUNTY' s participation in its defense shall not remove VILLAGE' s duty to indemnify, defend, and hold the COUNTY harmless, as set forth above . 7 . 4 . Nothing contained herein shall be construed as prohibiting the VILLAGE, its officials, directors, Oak Brook IGA—31"Street Meyers Rd.to York Rd. 8 10/25/2019 officers, agents and employees, from defending throughtheselectionanduseoftheirownagents, attorneys and experts, any claims, suits, demands, proceedings and actions brought against them. The VILLAGE' s participation in its defense shall not remove COUNTY' s duty to indemnify, defend, and hold the VILLAGE harmless, as set forth above. 7 . 5 . Neither party waives, by these indemnity requirements, any defenses or protections under the Local Governmental and Governmental Employees Tort ImmunityAct (745 ILCS 10/1 et seq. ) or otherwise available to it, or to the other party, under the law. 7 . 6 . Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. The VILLAGE' s and COUNTY' s indemnification under Section 7 . 0 hereof shall terminate when the PROJECT and signal work is completed, and the VILLAGE assumes its maintenance responsibilities as set forth in paragraph 6. 1 hereof. 8. 0 GENERAL 8 . 1 . It is understood and agreed by the parties hereto that this AGREEMENT is intended to address the PROJECT and no changes to existing highways and appurtenances maintenance and/or jurisdiction are proposed except as defined in paragraph 6 . 2 hereinabove. 8 . 2 . Whenever in this AGREEMENT, approval or review of either the COUNTY or VILLAGE is provided for, said approval or review shall not be unreasonably delayed or withheld. 8 . 3 . In the event of a dispute between the COUNTY and VILLAGE representatives in the preparation of the Plans and Specifications, or changes thereto, or in carrying out the terms of this AGREEMENT, the County Engineer of the COUNTY and the Village Manager of the VILLAGE shall meet and resolve the issue. 8 . 4 . At the pre-construction meeting for the PROJECT, each party shall designate a representative to the other party who shall serve as the full time representative Oak Brook IGA—311 Street Meyers Rd.to York Rd. 9 10/25/2019 of said party during the carrying out of the construction of the PROJECT. Each representative shall have authority, on behalf of such party, to receive notices and make inspections relating to the work covered in this AGREEMENT. Representatives shall be readily available to the other party. 8 . 5. This AGREEMENT may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one in the same instrument. 9. 0 ENTIRE AGREEMENT 9. 1 . This AGREEMENT represents the entire AGREEMENT between the parties with respect to the PROJECT and supersedes all previous communications or understandings whether oral or written. 10. 0 NOTICES 10 . 1 . Any notice required hereunder shall be deemed properly given to the party to be notified at the time it is personally delivered or mailed by certified mail, return receipt requested, postage prepaid, or sent by confirmed facsimile, to the party' s address . The address of each party is as specified below; either party may change its address for receiving notices by giving notices thereof in compliance with the terms of this subsection. Riccardo Ginex Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Phone: 630 . 368 . 5000 Fax: 630 . 368 . 5045 Email: villagemanager@oak-brook. org Oak Brook IGA—3155 Street Meyers Rd.to York Rd. 10 10/25/2019 Christopher C. Snyder, P.E. Director of Transportation/County Engineer DuPage County Division of Transportation 421 N. County Farm Road Wheaton, IL 60187 Phone: 630 . 407 . 6900 Fax: 630 . 407 . 6901 Email: Christopher. snyder@dupageco.or 11. 0 AMENDMENT, MODIFICATION OR TERMINATION OF THIS AGREEMENT 11 . 1 . No modification or amendment to this AGREEMENT shall be effective until approved by the parties in writing. 12. 0 ASSIGNMENT 12 . 1 . This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns . 13. 0 GOVERNING LAW 13. 1 . This AGREEMENT shall be governed by the laws of the State of Illinois as to both interpretation and performance . 13 . 2 . The forum for resolving any disputes concerning the parties' respective performance, or failure to perform, under this AGREEMENT, shall be the Judicial Circuit Court for DuPage County. 14. 0 SEVERABILITY 14 . 1 . In the event, any provision of this AGREEMENT is held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the AGREEMENT. The remainder of this AGREEMENT shall be construed as if not containing the particular provision and shall continue in full force, effect, and enforceability, in accordance with its terms . Oak Brook IGA—31'Street Meyers Rd.to York Rd. 11 10/25/2019 15. 0 FORCE MAJEURE 15. 1 . Neither party shall be liable for any delay or non- performance of their obligations caused by any contingency beyond their control including but not limited to Acts of God, war, civil unrest, strikes, walkouts, fires or natural disasters. IN WITNESS whereof, the parties set their hands and seals as of the date first written above. COUNTY OF PAG VILLAGE OFF;-OAK BROOK Daniel J. Cronin, Chairman Gopal G. Lalmalani DuPage County Board Village President ATTEST: ATTEST: JeV Kaczmarek Charlotte K. Pruss County Clerk Village Clerk Oak Brook IGA—31"Street Meyers Rd.to York Rd. 12 10/25/2019 EXHIBIT A ESTIMATE OF VILLAGE COST TRAFFIC SIGNAL AT JORIE BOULEVARD Estimate of design engineering: 8, 400. 00 Estimate of construction costs : $ 340, 000. 00 Less Federal Share: 238, 000 . 00 Net VILLAGE/COUNTY Share:102, 000 .00 VILLAGE Share (50%) : 51, 000 . 00 Estimate of construction engineering 10% of VILLAGE share of construction costs) : 5, 100 . 00 Total Estimate of VILLAGE COST: 64, 500 . 00 II 111111111111111)111111111 1111111 EXHIBIT B FRED BUCHOLZ, RECORDER DUPAGE COUNTY ILLINOIS P.I.N. 06-33-103-013, 06-26-400-012 and 01/14/2020 09:14 AM 06-25-300-017 DOCUMENT # R2020-004348ParcelCounty Parcel 13TE DuPage Parcel 17TE-A&B Parcel 18TE-A&B Street Address 2915 Oak Brook Road 1200 Oak Brook Road 600 Oak Brook Road Oak Brook,Illinois 60523 Section 14-00259-05-CH CH#34 31 st Street Intersection Improvements FOR RECORDER'S USE ONLY GRANT OF TEMPORARY EASEMENT THIS INDENTURE WITNESSETH, That the Grantor, Village of Oak Brook, for and in consideration of Ten ($10.00) Dollars, hereby represents that it owns the fee simple title to and grants the temporary right, easement and privilege to enter upon the following described land unto the County of DuPage, State of Illinois, Grantee, for the use of the County Division of Transportation, its employees, representative, agents, contractors and engineers, for the purpose of path construction and grading. This easement shall be in effect for a period of two(2)years from the date of award of the construction contract or commencement of construction operations,whichever occurs later. Said construction work to be completed as specked in the plans as prepared by said County Division of Transportation. Said construction work to be done in a quality workmanlike manner and at the expense of the DuPage County Division of Transportation. It is also agreed that the premises will be left in a neat and presentable condition. COUNTY APPROVED FORM AS OF 12-7-16) I -NON-RESIDENTIAL-MUNICIPALrrmS GRANT OF TEMPORARY EASEMENT Dated this IC-A day of Yxb'p—j''' A.D., 20Cl . VILLAGE OF OAK BROOK Y Title: V1l Ccs t Q;n T Attest: Title:LIP-,f STATE OF ILLINOIS SS COUNTY OF DU PAGE ) I, the undersi% Br Notary Public, in and for the County and State, Aresaid, DO HEREBY CERTIFY, thai and personally known to me to be the - eft:,tr4_n,r,4 of the Village of OaIllinr;t c3 personally known to me to be the QILr k-- of the Village of Oak Brook who are personally known to me to be same persons whose names are subscribed to the fomg instrument, appeared before me this day in person and severally acknowledged that as such j-- and they signed and delivered said instrument pursuant to the authority given by the Oak Brook Village Board, as their free and voluntary act, and as the free and voluntary act and deed of said Board, as authorized by Resolution and as set forth in an Intergovernmental Agreement dated MCO,'r ,!c'., 20RIC, for the uses and purposes therein set forth. Given under my hand and official seal, this 1XK day of 20 '19. l - Commission expires Notary Public THIS DOCUMENT HAS BEEN PREPARED BY: DuPage County Division of Transportation RANIA NASR-SERENCES 421 N. County Farm Road official Seal Wheaton, IL 60187 Notary Public-State of Illinois My Commission Expires Aug 7, 2023 COUNTY APPROVED FORM AS OF 12-7-16) 2 - NON-RESIDENTIAL-MUNICIPALITIES Route: 31St Street (C.H. 34) Section: 14-00259-05-CH County: DuPage Job No.: R-55-001-97 Parcel Number: 013TE Sta.: 26+92.21 to 27+27.21 PIN: 06-33-103-013 That part of Lot 1 in Oak Brook Subdivision No. 1, being a subdivision of the Northwest Quarter of Section 33, Township 39 North, Range 11, East of the Third Principal Meridian, described as follows using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone, NAD 83 (2011): Beginning at the northwest corner of said Lot 1; thence North 89 degrees 42 minutes 26 seconds East on the north line of said Lot 1, a distance of 35.00 feet; thence South 43 degrees 46 minutes 46 seconds West, 48.69 feet to the west line of said Lot 1; thence North 02 degrees 08 minutes 54 seconds West on said west line, 35.00 feet to the Point of Beginning, in DuPage County, Illinois. Said parcel 013TE containing 0.014 acre or 612 square feet, more or less. 013TE Legal.doc 6/12/2019 Route: 31St Street (C.H. 34) Section: 14-00259-05-CH County: DuPage Job No.: R-55-001-97 Parcel Number: 017TE-A Sta.: 142+86.21 to 149+57.32 PIN: 06-26-400-012 That part of Lot 1 in Oak Brook Village Commons, being a Resubdivision of Lot 1 in Oak Brook Village Green Subdivision, of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 29, 1974, as Document Number R74-14102, described as follows using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone, NAD 83 (2011): Commencing at the southwest corner of said Lot 1; thence North 02 degrees 07 minutes 02 seconds West on the west line of said Lot, 40.00 feet to the Point of Beginning; thence continuing North 02 degrees 07 minutes 02 seconds West on said west line, 6.57 feet; thence South 51 degrees 43 minutes 16 seconds East, 41.83 feet; thence North 88 degrees 18 minutes 08 seconds East, 147.35 feet; thence North 88 degrees 07 minutes 27 seconds East, 366.49 feet; thence South 01 degrees 52 minutes 33 seconds East, 21.00 feet; thence North 88 degrees 07 minutes 27 seconds East, 125.00 feet; thence South 01 degrees 52 minutes 33 seconds East, 9.00 feet to the south line of said Lot 1; thence South 88 degrees 07 minutes 27 seconds West on said south line, 129.50 feet; thence North 01 degrees 52 minutes 33 seconds West, 9.00 feet; thence South 88 degrees 07 minutes 27 seconds West, 110.50 feet; thence North 01 degrees 52 minutes 33 seconds West, 16.00 feet; thence South 88 degrees 07 minutes 27 seconds West, 251.50 feet; thence South 88 degrees 18 minutes 08 seconds West, 149.18 feet; thence North 51 degrees 43 minutes 16 seconds West, 39.39 feet to the Point of Beginning, in DuPage County, Illinois. Said parcel 017TE-A containing 0.133 acre or 5,782 square feet, more or less. 017TE-A Legal.doc 6/12/2019 Route: 31 s`Street(C.H. 34) Section: 14-00259-05-CH County: DuPage Job No.: R-55-001-97 Parcel Number: 017TE-B Sta.: 150+64.99 to 151+05.63 PIN: 06-26-400-012 That part of Lot 1 in Oak Brook Village Commons, being a Resubdivision of Lot 1 in Oak Brook Village Green Subdivision, of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 29, 1974, as Document Number R74-14102, described as follows using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone, NAD 83 (2011): Commencing at the southeast corner of said Lot 1; thence South 88 degrees 07 minutes 27 seconds West on the south line of said Lot, 20.00 feet to the Point of Beginning; thence continuing South 88 degrees 07 minutes 27 seconds West on said south line, 40.00 feet; thence North 01 degrees 52 minutes 33 seconds West at right angles to the last described course, 30.00 feet; thence North 88 degrees 07 minutes 27 seconds East, 40.00 feet; thence South 01 degrees 52 minutes 33 seconds East, 30.00 feet to the Point of Beginning, in DuPage County, Illinois. Said parcel 017TE-B containing 0.028 acre or 1,200 square feet, more or less. 017TE-B Legal.doc 6/12/2019 Route: 31St Street (C.H. 34) Section: 14-00259-05-CH County: DuPage Job No.: R-55-001-97 Parcel Number: 018TE-A Sta.: 171+77.25 to 172+62.25 PIN: 06-25-300-017 That part of Lot 1 in Sports Core Subdivision, being a subdivision of part of Section 25 and Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded April 9, 1979, as Document Number R79-27848, described as follows using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone, NAD 83 (2011): Commencing at the southwest corner of the Southwest Quarter of said Section 25; thence North 02 degrees 08 minutes 58 seconds West, 74.14 feet to the northerly Right-of-Way line 31St Street (Oak Brook Road) as described in deed recorded July 25, 2001 as Document No. 82001- 152404; thence North 88 degrees 03 minutes 37 seconds East on said Right-of-Way line, 68.00 feet to the Point of Beginning; thence North 01 degrees 56 minutes 23 seconds West at right angles to the last described course, 35.00 feet; thence North 88 degrees 03 minutes 37 seconds East, 85.00 feet; thence South 01 degrees 56 minutes 23 seconds East, 35.00 feet to said Right-of-Way line; thence South 88 degrees 03 minutes 37 seconds West on said Right-of- Way line, 85.00 feet to the Point of Beginning, in DuPage County, Illinois. Said parcel 018TE-A containing 0.068 acre or 2,975 square feet, more or less. 018TE-A LegaL.doc 6/12/2019 Route: 31St Street(C.H. 34) Section: 14-00259-05-CH County: DuPage Job No.: R-55-001-97 Parcel Number: 018TE-B Sta.: 177+28.25 to 177+78.25 PIN: 06-25-300-017 That part of Lot 1 in Sports Core Subdivision, being a subdivision of part of Section 25 and Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded April 9, 1979, as Document Number R79-27848, described as follows using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone, NAD 83 (2011): Commencing at the southwest corner of the Southwest Quarter of said Section 25; thence North 02 degrees 08 minutes 58 seconds West, 74.14 feet to the northerly Right-of-Way line 31St Street (Oak Brook Road) as described in deed recorded July 25, 2001 as Document No. 82001- 152404; thence North 88 degrees 03 minutes 37 seconds East on said Right-of-Way line, 619.00 feet to the Point of Beginning; thence North 01 degrees 56 minutes 23 seconds West at right angles to the last described course, 20.00 feet; thence North 88 degrees 03 minutes 37 seconds East, 50.00 feet; thence South 01 degrees 56 minutes 23 seconds East, 20.00 feet to said Right-of-Way line; thence South 88 degrees 03 minutes 37 seconds West on said Right-of- Way line, 50.00 feet to the Point of Beginning, in DuPage County, Illinois. Said parcel 018TE-B containing 0.023 acre or 1,000 square feet, more or less. 0187E-B LegaL.doc 6/12/2019 llllllilllllllllillllllllillllllll EXHIBIT C FRED BUCHOLZ, RECORDER QUIT-CLAIM DEED DUPAGE COUNTY ILLINOIS County to Corporation) 01/14/2020 09:14 AM DOCUMENT # R2020-004349 MAIL,TO: County of DuPage c/o DuPage County Division of Transportation 421 N. County Farm Road Wheaton, Illinois 60187 NAME AND ADDRESS OF TAXPAYER: County of DuPage c/o DuPage County Division of Transportation 421 N. County Farm Road Wheaton, Illinois 60187 GRANTOR(S),Village of Oak Brook,an Illinois municipal corporation, a corporation created and existing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois, for and in consideration of TEN and NO/100 dollars 10.00), and other valuable consideration in hand paid, CONVEYS and QUIT-CLAIMS to GRANTEE(S),the County of DuPage,an Illinois body corporate and politic,the following described Real Estate situated in the County of DuPage, in the State of Illinois,to- wit: SEE EXHIBIT A ATTACHED HERETO AND MADE PART HEREOF. Subject to general real estate taxes not due and payable at the time of closing,covenants,conditions, and restrictions of record,building lines and easements, if any,so long as they do not interfere with the current use and enjoyment of the real estate. Permanent Real Estate Index Number: 06-26-400-012 Address of Real Estate: 1200 Oak Brook Road, Oak Brook, Illinois 60523 DATED this19!day of NQL)e*r b 20 0( Village of Oak Br k By: Attest: 3 State of Illinois SS County of DuPage ) I, the unders'gned, a Notary Public, in and for the County and State, aforesaid, DO HEREBY RTIFY, that LA( yam personally known to me to be thedA-V4 of the Village of Oak Brook, an Illinois municipal corporation, and 1yYu }P L, t S IP personally known to me to be the Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing strument, appeared before me this day in person and severally acknowledged that as such r-e.C>L n-,+ and Clerk they signed, sealed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto,pursuant to the authority given by the Board of Trustees of said municipal corporation as authorized by an Intergovernmental Agreement dated LAk I a, ADM (County Resolution DT- as their free and voluntary act,and as the free and voluntary act and deed of said municipal corporr}ation,for the uses and purposes therein set forth. Given under my hand and official seal, t of day of lJ 2019 Commission expires o"+ 7 a Notary Public Prepared and Submitted by: RANIA NASR-SERENCESDuPageCountyDivisionofTransportationOfficialSeal 421 N. County Farm Road Notary Public-State of Illinois Wheaton,Illinois 60187 My commission Expires Aug 7, 2023 EXEMPT UNDER PROVISIONS OF THE REAL ESTATE TRANSFER TAX LAW,35 ILCS 200/31-45(b) Date: [\ 'U( lcf Signature of Buyer,Seller or Representative Route: 31't Street(C.H. 34) Section: 14-00259-05-CH County: DuPage Job No.: R-55-001-97 Parcel Number: 017TK Sta.: 142+86.23 to 148+27.47 PIN: 06-26-400-012 That part of Lot 1 in Oak Brook Village Commons, being a Resubdivision of Lot 1 in Oak Brook Village Green Subdivision, of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 29, 1974, as Document Number R74-14102, described as follows using bearings and distances referenced to Illinois State Plane Coordinate System, East Zone, NAD 83 (2011): Beginning at the southwest corner of said Lot 1; thence North 02 degrees 07 minutes 02 seconds West on the west line of said Lot, 40.00 feet; thence South 51 degrees 43 minutes 16 seconds East, 39.39 feet to a point 30.00 feet east of(as measured at right angles to) said west line of Lot 1, being also 25.00 north of(as measured at right angles to) the south line of said Lot 1 at the intersection of the west line of the Southeast Quarter of said Section 26; thence North 88 degrees 18 minutes 08 seconds East, parallel with said south line of Lot 1, a distance of 149.18 feet; thence North 88 degrees 07 minutes 27 seconds East parallel with the said South line of Lot 1, a distance of, 251.50 feet; thence South 01 degrees 52 minutes 33 seconds East at right angles to the last described course, 16.00 feet; thence North 88 degrees 07 minutes 27 seconds East, 110.50 feet; thence South 01 degrees 52 minutes 33 seconds East, 9.00 feet to said south line of Lot 1; thence on said south line of Lot 1 the following courses; South 88 degrees 07 minutes 27 seconds West, 362.03 feet; thence South 88 degrees 18 minutes 08 seconds West, 110.78 feet; thence North 82 degrees 58 minutes 59 seconds West, 66.00 feet; thence North 85 degrees 59 minutes 14 seconds West, 3.11 feet to the Point of Beginning, in DuPage County, Illinois. Said parcel 017T containing 0.270 acre or 11,783 square feet, more or less. 0171'K Legal.doc 6/12/2019