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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 License for Waterain To Village of Oakbrook x o BRUSH HILL RD c7 ROOSEVELT RD 1'ORK RD RA Alp 4 NARGER RD a Q O Q b' 4 O York woods TIMBER C7 APR GIVR lb YORKSHIRE WOODS 0 100 200 400 600 800eet N Land Preservation Department b\r qr 0 FPD Bounds s PAGE License Area - 25 feet wide centered on existing watermain EXHIBIT "l4" COUMY lJ1J l_UllJVlltlllli— 1�'Li1tJVl11GG"" t ct�c ► yr s. f pOfficellt '�Cr:apk �`� �C011'Alt1Um+ mgpww fit 0rt hi111°`R` x 1 e �t� gw ge m a. �, . .�krc ` r � r EE t efO ' '#Mp MR rp 1 !! It ! ' �b _ Nap creatcd on March T,2016 -�- 2916 GfS Consort uqj and t.GP In,An R,Qhts Reserved Tne GtS Consortium and t GP trs%are not rate for any use.mrsu=_e.modftat on cr dsctosure of any map rae v.ded undar app'Sat . la pBEta,rrer Tn,s map is for genetal information purposes Qn y klhougtl th„mforma'on is te`e.ed to to Vnefe;y accurate,errors may e ist and file user shou'd rid p ndentiy cunf:rrn for a curacy Tr3 map does not c n btute aregUavy determ natgn and is rot a tae fer eng n_er+ng d sign r,Registered Lan<f Surveyor :hcu'd to c-onsulted to d terming preose hxa[;an toundari.s on tree ground ltttps://app-,.gisconsortiut».orb;/Mapof icelpi•iutVietiv.aspx?ps=tell' 'rtisecase=1D:92Rtayout... 3/7/2016 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