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R-1796 - 03/26/2019 - WATER MAIN CONTRACT - Resolutions Exhibits Forest Preserve District of DuPage County 35580 Naperville Road 630.933.7200 P.O. Box 5000 Fax 630.933.7204 Wheaton, 160189 TTY 800.526.0857 dupageforest.org June 5, 2019 Doug Patchin Director of Public Works Village of Oak Brook 3003 Jorie Blvd. Oak Brook, IL 60523 Re: Easement Agreement for Existing Watermain Within Fullersburg Woods Forest Preserve Dear Doug, Enclosed, please find a signed copy of the Easement Agreement for an existing watermain within Fullersburg Woods Forest Preserve between the Forest Preserve District of DuPage County and the Village of Oak Brook. If you have any questions, please feel free to contact me at: 630-933-7235 or via email at kstou h du�ageforest.orcg. Sincerely, At,/,Kevin Stough Land Preservation Manager Encl. WiL -Z 4 Co _ _ W 1�1 H ITL 001%-7 Prepared by: Forest Preserve E,!_°_: _L District of DuPage County Return to: Village of Oak Brook C/O Village Manager 1200 Oak Brook Road - Oak Brook, IL 60523 i 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 Watermain �./ y --- -- - - .._r-,.. . ,- . .r � -�..... 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 Watermain ----. — _. -_.a,.. �_ .,...� ` ap:.s-` '8: ..' : .,.., ..gig r- ;�..—.. _;5=.. � . _ .:.,�...� 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 Watermain �' I .a s. .i.. - .. ,s .. .: �. �3r, ac J s+t, .s - n-.. .. _ s �k.i.'cd s-. 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 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 terms 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 Watermain 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. WI'T'NESS WHEREOF,the Parties have executed this Agreement as of the ���!t day of 2019. FOREST PRESERVE DISTFJCT OF VILLAGE OF OA1�BROOK DU PAGE COUNTY ` BY:_ " BY: aniel Jebreard. President. Gopal G. Lalmalani, President ATTEST: _ _it L% ATTEST: �.,i ' Judith 1VI:alahy,secretary Charlotte K. Pruss, Village Clerk Easement Agreement—Oak Brook 6 W atermain �,, 4 �1��� / . � 4/ i �, J i P �. (� t �� .�ii 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. 7c , 4) L c'c(L v t t CL Cvt Sc:%+It cam . , EXHIBIT "A" �\ Q EXHIBIT "B" 3° 141 EASEMENT EXHIBIT w N Y �p p4 0 kYq� I so SC.N EEL PINo 06-7i•107-001 V��f\f I \ F"`i h _ 10'WATER MAIN ETOENENi TO BE biRAF TO TK ,. ILII VILLAGE O 9.,91 SO.i T.i \�fT.• �r Q �pFsp\ off:* pE 40141 M, ' E�-�s•�O�YP;Y 911 i d� AID Np�p p1•Es No`�6,s°sAG P ' FxiQFp A pxi�Nxi ' — 1mm— .. �. aMBAK,�. ] M y Sint •so-''�Fn 5.,s LI, K�..,td III I ",`4e °''„°�. :dTE 11.11 11 IL.I LfT .rax� 1µi : ,x[ N—...[a. M"° i!%from _ r1;rut a m11—,i.1 ma xiweulro I..e.ne� aori[aw,'mlrs ar, l' 'sao'n zz x.,. Is eAs[o a nm,u,x r¢nia,eo ox.o.r z>,s a,Dix To s[mw,w.srtu.rzo a rx[caxrroi�.+�.wo nxi[ CBCHRISTOPHER B.BURKE ENGINEERING. LTD. EASEMENT EXHIBIT—FULLERSBURG WOODS FOREST PRESERVE M so5;;.000:5 9575 West Higgins Rood, Suite 600 IN s,1EET , Rosemont, Illinois 60018 VILLAGE OF OAK BROOK, ILLINOIS (8 47)823-0500 PREPARED FOR SC4E, 50' VILLAGE OF OAK BROOK DATE, 111 1 6-201a EASE160591.151