R-1796 - 03/26/2019 - WATER MAIN CONTRACT - Resolutions Supporting Documents (2) y vb of 0A'r 0
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Village of March 29, 2019
Oak Brook
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Website
www.00k-brook.org Mr. Kevin Stough
Land Preservation Manager
Administration Forest Preserve District of DuPage County
630.368.5000 3S580 Naperville Road
FAX 630.368.5045 Wheaton, IL 60189
Development Services
630.368.5100
FAX 630.368.5128 Re: An Easement Agreement Between the Forest Preserve District of DuPage
County and the Village of Oak Brook for an Existing Watermain within
Fire Department Fullersburg Woods Forest Preserve
630.368.5200
FAX 630.368.5251
Police Department Dear Mr. Stough:
630.368.8700
FAX 630.368 8739 The above-mentioned Agreement was approved by the President and Board of
Trustees of the Village of Oak Brook on March 26, 2019 and signed by the
Public Works
Department g Villa e President.
630.368.5270
FAX 630.368.5295 Enclosed please find two originally signed Agreements. Please affix signatures
to each of them and return one original to me in the envelope provided. Also
Oak Brook
Public Library enclosed, is a copy of the Resolution passed by the Board authorizing execution
of the Agreement for your files.
600 Oak Brook Road
Oak Brook.IL 60523 Thank you for your assistance in this matter.
630.368.7700
FAX 630.368.7704
Sincerely,
Oak Brook Sports Core
Bath&Tennis Club
700 Oak Brook Road
Oak Brook.It,60523 Charlotte Pruss
630.368.6420 Village Clerk
FAX 630.368.6439 g'
Golrcaub cc: Public Works Director, Doug Patchin
2606 York Rcwd Public Works Superintendent, Rick Valent
Oak Brook.IL 60523
630.368.6400
FAX 630.368.6419
RESOLUTION 2019-R-1796
A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH THE FOREST PRESERVE
DISTRICT OF DUPAGE COUNTY CONCERNING FULLERSBURG WOODS FOREST PRESERVE
WHEREAS, the Village of Oak Brook ("Village") has operated and maintained for many years a
watermain in the Fullersburg Woods Forest Preserve ("Preserve"); and
WHEREAS, the Village's operation and maintenance obligations were governed in part by a
license agreement between the Village and the Preserve's owner, the Forest Preserve District of DuPage
County ("District'); and
WHEREAS, the license agreement has expired; and
WHEREAS, the Village and the District wish to memorialize the parties' rights and obligations
concerning the existing watermain by entering into the Easement Agreement attached hereto as Exhibit A
("Agreement'); and
WHEREAS, the Village and District are units of local government authorized by the Article VII,
Section 10 of the State of Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS
220/1, et seq., to contract with each other and exercise powers jointly; 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, and in a final form approved by the Village Attorney.
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 after receipt of the final
Agreement fully executed by the District, and the Village Manager is authorized to enforce the
Agreement's terms.
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 2019-R-1796
Easement Agreement with
Forest Preserve District of DuPage County
Page 2 of 3
APPROVED THIS 26th day of March, 2019
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of March, 2019
Ayes: Trustees Baar, Manzo, Saiyed, Tiesega, Yusuf
Nays: None
Absent: Trustee Cuevas
ATTEST:
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Charlotte K. Pruss
4 Village Clerk
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Resolution 2019-R-1796
Easement Agreement with
Forest Preserve District of DuPage County
Page 3 of 3
EXHIBIT A
EASEMENT AGREEMENT
[ATTACHED]
4817-2325-2271,v. 1
3
Prepared by: Forest Preserve
District of DuPage County
Return to: Village of Oak Brook
C/O Village Manager
1200 Oak Brook Road
Oak Brook, IL 60523
VACANT LAND South side of Spring
Road and East of Adams Street
Oak Brook,Illinois
No P.I.N., in Right-of-way
AN EASEMENT AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF
DUPAGE COUNTY AND THE VILLAGE OF OAK BROOK FOR AN EXISTING
WATERMAIN WITHIN FULLERSBURG WOODS FOREST PRESERVE
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and
entered into by and between the Forest Preserve District of DuPage County,a body politic and corporate
(hereinafter referred to as the "FOREST PRESERVE DISTRICT") and the Village of Oak Brook, a
municipal corporation(hereinafter referred to as the"VILLAGE").The FOREST PRESERE DISTRICT
and VILLAGE are sometimes referred herein individually as a"Party"and collectively as the"Parties."
WITNESSETH:
WHEREAS,the FOREST PRESERVE DISTRICT owns Fullersburg Woods Forest Preserve
(hereinafter referred to as "Fullersburg Woods"); and
WHEREAS,the FOREST PRESERVE DISTRICT granted a license to the VILLAGE in 1978
for the purpose of constructing, operating and maintaining a watermain on the South side of Spring
Road and on a certain portion of Fullersburg Woods(hereinafter referred to as the"Watermain"),which
license has now expired; and
WHEREAS, the VILLAGE requests the granting of a perpetual easement for the continued
operation and maintenance of the Watermain; and
WHEREAS,Article VII, Section 10 of the 1970 Constitution of the State of Illinois(hereinafter
"Constitution")authorizes units of government to contract among themselves to obtain or share services
and to exercise,combine or transfer any power or function, in any manner not prohibited by law or by
ordinance; and
WHEREAS,the Illinois Intergovernmental Cooperation Act,5 ILCS 220/1,et seq. (hereinafter
"Cooperation Act'),provides additional powers to units of government that work together; and
WHEREAS,the FOREST PRESERVE DISTRICT and VILLAGE are municipalities as defined
Easement Agreement—Oak Brook 1 Easement# X-060-023E
Watermain
in Section 1(c)of the Local Government Property Transfer Act,50 ILCS 605/1(c)(hereinafter"Transfer
Act"); and
WHEREAS, Section 2 of the Transfer Act authorizes transfers of real estate,or interests therein,
between municipalities for any public purpose upon such terms as are agreed to by the corporate
authorities of the respective municipalities; and
WHEREAS, in accordance with the Constitution, the Cooperation Act, and Section 2 of the
Transfer Act,the VILLAGE,pursuant to a duly passed ordinance,has determined that it is necessary to
acquire an easement for the continued operation and maintenance of the Watermain; and
WHEREAS, the FOREST PRESERVE DISTRICT has determined that it is reasonable,
necessary and in the public interest and welfare to grant the VILLAGE an easement for the Watermain,
subject to the terms and conditions set forth herein; and
NOW,THEREFORE,in consideration of the foregoing preambles and the promises,terms and
conditions set forth herein,the Parties agree as follows:
1.0 INCORPORATION OF RECITALS
1.1 The recitals set forth above are incorporated herein and made a part of this Agreement.
2.0 EASEMENT GRANTED
2.1 The FOREST PRESERVE DISTRICT hereby grants a non-exclusive, perpetual
easement to the VILLAGE for the operation, maintenance,repair, and replacement of
the Watermain within that portion of Fullersburg Woods Forest Preserve legally
described on Exhibit "A" and depicted on Exhibit "B" both attached hereto and
incorporated herein(hereinafter"Easement Premises"),and on the terms and conditions
as provided for in this Agreement.
2.2 Except in the case of an emergency,VILLAGE shall notify the FOREST PRESERVE
DISTRICT no less than six (6) weeks prior to any construction project within the
Easement Premises in accordance with the notice provisions in paragraph 8.0 herein. In
the event of an emergency, the VILLAGE shall exercise its best efforts to notify the
FOREST PRESERVE DISTRICT as soon as possible, and using any available means,
including telephone, email, or comparable methods, of any construction project
occurring within the Easement Premises. The VILLAGE shall make any independent
contractor accessing the Easement Premises aware of the terms and conditions of this
Agreement.
3.0 FEES
3.1 Given the long existence of the Watermain and that the VILLAGE has continued to
maintain the Watermain in a quality manner at their sole cost,the easement fee is hereby
waived.
4.0 RESTORATION
4.1 If the VILLAGE damages the Easement Premises or adjacent preserve land, the
Easement Agreement—Oak Brook 2 Easement#X-060-023E
Watermain
VILLAGE shall restore all damaged areas according to the FOREST PRESERVE
DISTRICT'S specifications. If the VILLAGE fails to properly restore the Easement
Premises or adjacent preserve land within 30 days of service of the FOREST
PRESERVE DISTRICT'S written demand for the restoration work, the FOREST
PRESERVE DISTRICT shall have the right to take such action as it deems necessary to
perform the restoration work,which shall include the authority to(a)perform the work
with its own personnel and/or; (b) engage the services of an independent contractor to
perform the work. The VILLAGE shall reimburse the FOREST PRESERVE
DISTRICT for documented, reasonable costs associated with said restoration work
within 30 days of service of the FOREST PRESERVE DISTRICT's written demand for
payment.
5.0 INSURANCE
5.1 The VILLAGE shall procure and maintain during the term of this Agreement a policy of
Commercial General Liability Insurance providing coverage for bodily injury and
property damage claims arising on or from the use of the Easement Premises. The
policy shall (a) provide "occurrence" based coverage; (b) be issued by a company
authorized to transact business in this State under the Illinois Insurance Code and
acceptable to the FOREST PRESERVE DISTRICT;(c)include an endorsement naming
the FOREST PRESERVE DISTRICT as an additional insured; (d)include contractual
liability coverage;and(e)not be subject to cancellation or modification without at least
30 days'written notice to the FOREST PRESERVE DISTRICT,unless otherwise agreed
to in writing between the VILLAGE and the FOREST PRESERVE DISTRICT. The
VILLAGE shall provide evidence of said insurance coverage, upon request by the
FOREST PRESERVE DISTRICT,by furnishing the FOREST PRESERVE DISTRICT
with a Certificate of Insurance and,if requested,a certified copy of the policy issued by
the insurer. Unless otherwise agreed to in writing between the VILLAGE and FOREST
PRESERVE DISTRICT,the Commercial General Liability policy shall have limits of
not less than$1,000,000 per occurrence bodily injury/property damage combined single
limit and $2,000,000 aggregate bodily injury/property damage combined single limit.
After the first five years of this Agreement,the FOREST PRESERVE DISTRICT shall
have the right to require such coverages and limits as are comparable to those specified
above,taking into account inflation,or to require such other coverages and limits as may
be reasonably necessary to carry out the intent of this paragraph.
5.2 If the VILLAGE engages the services of an independent contractor to perform any
maintenance,repair or other work on the Easement Premises,the VILLAGE shall notify
the FOREST PRESERVE DISTRICT in writing of the nature of the work and shall
obtain from the independent contractor such insurance coverages as the FOREST
PRESERVE DISTRICT deems reasonably necessary for its protection. The VILLAGE
shall furnish the FOREST PRESERVE DISTRICT with the independent contractor's
Certificate of Insurance evidencing the coverages required by the FOREST PRESERVE
DISTRICT and includes an endorsement naming the FOREST PRESERVE DISTRICT
as an additional insured. No independent contractor shall be permitted to perform any
Easement Agreement—Oak Brook 3 Easement#X-060-023E
W atermain
work on the Easement Premises unless the required insurance has been obtained and
satisfactory evidence thereof furnished to the FOREST PRESERVE DISTRICT.
6.0 INDEMNIFICATION
6.1 To the extent permitted by law,the VILLAGE shall defend,save,and hold harmless the
FOREST PRESERVE DISTRICT, its elected officials,officers,employees and agents
from any and all claims,liabilities,causes of action,losses and damages that may at any
time arise or be claimed by any person or entity as a result of bodily injury, sickness,
death or property damage, or as a result of any other claim or suit of any nature
whatsoever,allegedly arising out of or in any manner connected with the operation and
maintenance of the Watermain, when such bodily injury, sickness, death, property
damage or other claim is allegedly caused by a negligent or intentional act or omission
on the part of the VILLAGE or its contractors, subcontractors, engineers, consultants,
employees,or agents. In the event any person or entity obtains a judgment or settlement
against the FOREST PRESERVE DISTRICT or any of its elected officials, officers,
employees or agents, by reason of any negligent or intentional act or omission on the
part of the VILLAGE or its contractors, subcontractors, consultants, employees or
agents, the VILLAGE shall promptly, to the extent allowed by law, indemnify the
FOREST PRESERVE DISTRICT or the elected official,officer,employee or agent,as
the case may be, in the amount of said judgment or settlement and for all costs and
expenses related thereto, including, without limitation,reasonable attorney and expert
witness fees.
6.2 The obligation on the part of the VILLAGE to defend,hold harmless and indemnify the
FOREST PRESERVE DISTRICT shall survive the expiration or termination of this
Agreement.
6.3 The VILLAGE shall require each contractor who performs any work on the Easement
Premises,to defend,hold harmless and indemnify the FOREST PRESERVE DISTRICT
to the same extent as required of the VILLAGE under paragraph 6.0, and VILLAGE
shall include in all of its contracts a statement expressly declaring the FOREST
PRESERVE DISTRICT to be a third-party beneficiary of the indemnification provision.
6.4 The VILLAGE shall promptly pay all costs and expenses relating to any and all work
within the Easement Premises and shall not allow any liens on FOREST PRESERVE
DISTRICT property as a result of the work. To the extent permitted by law, the
VILLAGE shall defend, indemnify and hold the FOREST PRESERVE DISTRICT
harmless from any and all liens,costs and expenses arising from any work performed on
the Easement Premises or related to the operation and maintenance of the Watermain.
7.0 BREACH OF AGREEMENT
7.1 If a Party reasonably believes that a breach of this Agreement has occurred or is
occurring, the Party shall serve written notice thereof upon the Party committing or
permitting such breach to occur,specifying in detail the breach and the facts supporting
such claim. The Party alleged to have committed the breach shall have 30 days within
which to cure the violation. If the Party in violation is the VILLAGE, and the
VILLAGE fails to cure the breach within the 30-day period,the FOREST PRESERVE
DISTRICT may pursue specific performance provided that the 30-day cure period shall
Easement Agreement—Oak Brook 4 Easement#X-060-023E
Watermain
be extended for a reasonable time if the VILLAGE has undertaken to cure the breach
within the 30-day period and continues to diligently and in good faith to complete the
corrective action. In the event the VILLAGE fails to comply with a court order
awarding the FOREST PRESERVE DISTRICT specific performance, the FOREST
PRESERVE DISTRICT may pursue monetary damages against the VILLAGE, but
excluding punitive and consequential damages. Given the importance of the Watermain
to the public, remedies available to the FOREST PRESERVE DISTRICT do not and
shall not include termination of this Agreement.
7.2 Action by any Party to enforce this Agreement shall be without prejudice to the exercise
of any other rights provided herein or by law or in equity to remedy a breach of this
Agreement, subject to the terns of the preceding Paragraph 7.1.
7.3 A waiver by any Party of any breach of one or more of the terms of this Agreement on
the part of one of the other Parties 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 a Party 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 a Party from enforcing
full compliance with the provisions set forth herein. No delay,failure or omission of a
Party to exercise any right,power,privilege or option arising from a 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
Parties shall be construed as being exhausted by the exercise thereof in one or more
instances. The rights, power, privileges and remedies given the Parties under this
Agreement and by law shall be cumulative.
8.0 NOTICES
8.1 All notices required to be given under the terms of this Agreement shall be in writing
and either served by certified or registered mail, return receipt requested, properly
addressed with the postage prepaid and deposited in the United States mail. Notices
served upon the FOREST PRESERVE DISTRICT shall be directed to the Executive
Director, Forest Preserve District of DuPage County, P.O. Box 5000, Wheaton, IL
60189-5000. Notices served upon the VILLAGE shall be directed to the Village
Manager,Village of Oak Brook, 1200 Oak Brook Road,Oak Brook,IL 60523. Notices
served by mail shall be effective upon receipt as verified by the United States Postal
Service. Notwithstanding anything to the contrary, any notice by a Party alleging a
breach of this Agreement shall be either served by certified or registered mail as set forth
above.Either Party may designate a new location for service of notices by serving notice
of the change in accordance with the requirements of this paragraph
9.0 MISCELLANEOUS TERMS
9.1 All rights, title and privileges herein granted for the Easement Premises, including all
benefits and burdens,shall be binding upon and inure to the benefit of the Parties hereto,
their respective successors and assigns.
9.2 The FOREST PRESERVE DISTRICT hereby reserves the right to use,or permit to be
used,the Easement Premises in any manner that will not prevent or materially interfere
with the exercise by the VILLAGE of the rights granted herein.
Easement Agreement—Oak Brook 5 Easement#X-060-023E
W atermain
9.3 If any Party initiates any legal proceeding or action, whether at law or in equity, to
enforce any provision of this Agreement, the prevailing Party (as determined by the
court) shall be entitled to recover its reasonable costs and expenses incurred in
connection with said proceeding or action, including, but not limited to, reasonable
expert witness and attorney fees.
9.4 The VILLAGE shall be responsible for recording this Agreement,at its expense,in the
Office of the Recorder of Deeds, DuPage County, and for providing the FOREST
PRESERVE DISTRICT with a recorded copy.
9.5 The provisions set forth herein represent the entire agreement between the Parties and
supersede any previous oral or written agreements, as it is the intent of the Parties to
provide for a complete integration within the terms of this Agreement. No provision
may be modified in any respect unless such modification is in writing, duly approved
and signed by all Parties.
9.6 This Agreement shall be construed in accordance with the laws of the State of Illinois.
The venue for all disputes arising out of relating to this Agreement shall be the Circuit
Court for the 18th Judicial Circuit, DuPage County, Illinois.
9.7 This Agreement shall be executed in duplicate, and each Party shall retain a fully
executed original, both of which shall be deemed to be one Agreement.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day of
, 2019.
FOREST PRESERVE DISTRICT OF VILLAGE OF O BR'?OK
DU PAGE COUNTY !
BY: BY:
Daniel Hebreard, President Gopal G.Lalmalani, President
ATTEST: ATTEST:
Judith Malahy, Secretary Charlotte K. Pruss,Village Clerk
Easement Agreement—Oak Brook 6 Easement#X-060-023E
Watermain
LEGAL DESCRIPTION (10' WATERMAIN EASEMENT) :
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
DUPAGE COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID EAST
HALF OF THE NORTHEAST QUARTER OF SECTION 35 AND THE CENTER LINE OF SPRING
ROAD; THENCE SOUTHERLY ALONG SAID WEST LINE LINE HAVING AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF SOUTH 01 DEGREES 35 MINUTES
05 SECONDS EAST A DISTANCE OF 15.36 FEET TO THE POINT OF BEGINNING;
THENCE SOUTHEASTERLY ALONG THE FOLLOWING FIVE (5) COURSES; SOUTH 55
DEGREES 00 MINUTES 18 SECONDS EAST, 87.23 FEET; SOUTH 57 DEGREES 21
MINUTES 26 SECONDS EAST, 220.84 FEET; SOUTH 59 DEGREES 37 MINUTES 58
SECONDS EAST, 382.35 FEET; SOUTH 55 DEGREES 32 MINUTES 45 SECONDS EAST,
191.22 FEET; SOUTH 56 DEGREES 57 MINUTES 13 SECONDS EAST, 97.63 FEET TO
A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF RIVER BLUFF
ADDITION TO HINSDALE SUBDIVISION, BEING A SUBDIVISION IN SAID WEST HALF
OF THE NORTHEAST QUARTER OF SECTION 35, ACCORDING TO THE PLAT THEREOF
RECORDED SEPTEMBER 3 1895 AS DOCUMENT NO. 59511; THENCE SOUTH 01 DEGREES
26 MINUTES 17 SECONDS EAST, 12.13 FEET ALONG SAID NORTHERLY EXTENSION TO
A POINT ON A LINE 10.00 FEET SOUTHERLY OF AND PARALLEL WITH PREVIOUSLY
DESCRIBED FIVE (5) COURSES FROM THE POINT THE POINT OF BEGINNING; THENCE
NORTH 56 DEGREES 57 MINUTES 13 SECONDS WEST, 104.63 FEET ALONG SAID
PARALLEL LINE; THENCE NORTH 55 DEGREES 32 MINUTES 45 SECONDS WEST, 190.99
FEET ALONG SAID PARALLEL LINE; THENCE NORTH 59 DEGREES 37 MINUTES 58
SECONDS WEST, 382.20 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 57
DEGREES 21 MINUTES 26 SECONDS WEST, 221.25 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 55 DEGREES 00 MINUTES 18 SECONDS WEST, 80.02 FEET ALONG SAID
PARALLEL LINE TO A POINT ON SAID WEST LINE OF SAID EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 35; THENCE NORTH 01 DEGREES 35 MINUTES 05
SECONDS WEST, 12.45 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
SITUATED IN THE COUNTY OF DUPAGE AND STATE OF ILLINOIS.
EXHIBIT "A"
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EXHIBIT "B"
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