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HomeMy WebLinkAboutRes 41-08 07/15/2008 RESOLUTION NO. 41-08 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO A GROUND LEASE AGREEMENT WITH THE RIVER TRAILS PARK DISTRICT WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental cooperation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, the Village of Mount Prospect and the River Trails Park District agree that it would be in the best interests of the citizens to allow the Village of Mount Prospect to lease certain property owned by the River Trails Park District for the purpose of constructing, operating and maintaining a fire station for municipal use. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Ground Lease Agreement which is attached to this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Corcoran, Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Hoefert PASSED and APPROVED this 15th day of July, 2008. ~~ 4:~:1IF IMna K. Wilks Mayor ATTEST: ~ &~: "-;1/17 ~G'''?/~ 6:;-.., j. M. Lisa Angell U Village Clerk H :\CLKO\WI N\RES\I ntergovt Ag rmtgroundleasertpdju ly2008 .doc GROUND LEASE THIS GROUND LEASE (the "Lease") is made and entered into this 15th day of July, 2008, (the "Effective Date") by and between the RIVER TRAILS PARK DISTRICT, an Illinois Park District, (the "Lessor") and the VILLAGE OF MOUNT PROSPECT, an Illinois Municipal corporation, (the "Lessee"). Lessor and Lessee are sometimes referred to herein together as "Parties" or individually as "Party". RECITALS WHEREAS, the Lessee desires to lease certain real property owned by the Lessor, which is legally described on EXHIBIT 1 attached hereto and made a part hereof (the "Park Land"); and WHEREAS, the Lessee intends to construct, operate and maintain a fire station on the Park Land for Lessee's municipal purposes; and WHEREAS, the Lessee has agreed to cause School District No. 26 (the "School District") to lease to Lessor certain real property owned by the School District, which real property is legally described on EXHIBIT 2 attached hereto and made a part hereof (the "School Land"), by a written lease (the "School Land Lease"); and WHEREAS, pursuant to 70 ILCS 1205/10-7, and 50 ILCS 605/1 et seq., the Lessor may lease the Park Land to the Lessee for non-recreational municipal purposes for up to 99 years; provided that, real property of substantially the same size and of substantially the same suitability for park purposes is provided to the Lessor for park purposes without additional cost to the Lessor; - 1 - 7/16/2008 and WHEREAS, the Lessee has agreed that it will be responsible for all costs associated with the improvement of the School Land for the Lessors recreational purposes as hereinafter provided; and WHEREAS, the River Trails Park District, Lessor, and the Village of Mount Prospect, Lessee, are public agencies as that term is defined in the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and 5 ILCS 220/1 et seq. authorize units of local government to contract or otherwise associate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities; NOW, THEREFORE, pursuant to Lessor's and Lessee's powers of intergovernmental cooperation and in consideration of the mutual promises and covenants hereinafter set forth, and other good and valuable consideration, the sufficiency of which are hereby acknowledged, it is agreed by and between the Parties hereto as follows: 1. Recitals Incorporated. The Recitals hereinabove set forth shall be and are hereby incorporated in this Paragraph 1 as findings of fact as if said Recitals were fully set forth herein. 2. Lease of Park Land. Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor the Park Land for a term (the - 2- 7/17/2008 "Term") commencing on the Commencement Date (as defined herein Paragraph 4 hereof) and shall expire on the day immediately preceding the ninety ninth (99th) anniversary of the Commencement Date or on such earlier date upon which this Lease may be terminated as hereinafter provided (the "Expiration Date"). After the first twenty five (25) years through the fiftieth (50th) year, the Lessor may terminate the lease upon five (5) years written notice to the Lessee. From the fifty first (51st) year through the ninety ninth (99th) year, the Lessor may terminate the Lease upon twenty four (24) months written notice to the Lessee. 3. Use of ParkLand. The Lessee covenants and agrees that the Park Land shall be used only for the purpose of the construction, operation and maintenance of a fire station and related facilities thereon (the "Fire Station Project"). Other than special events relating to the grand opening or other related fire activities, no other use of the Park Land by Lessee, its employees, its invitees or others shall be permitted by the Lessee, without the prior written consent of the Lessor, which consent shall not be unreasonably withheld or delayed. All right and title of the Fire Station and related facilities shall be and remain in the name of the Lessee until the termination of the Lease. 4. School Land Improvements. The Lessee shall be solely responsible for all costs associated with improving the School Land for the Lessor's recreational purposes. The School Land shall be improved as shown on the Plans and Specifications attached to EXHIBIT 2, (the "School Land Park Improvements"). The School Land Park Improvements shall be completed by the Lessee, to the satisfaction of the Lessor and the School District. - 3- 7/17/2008 The Parties recognize that the School Land will be leased by Lessor for a period less than the 99 year term of this Lease. Should the Lessor's use of the School Land for recreational purposes be terminated at any time during the term of this Lease, then the Lessee shall acquire and improve, at its sole cost and expense, a comparable alternative site for the Lessor's use for recreational purposes for the remainder of the 99 year term of this Lease. 5. RentPayment. The rent shall be $10.00 per year. The Rent Payments, due and owing pursuant to this Lease, shall commence on the date that the Fire Station is first used for providing fire department-related services or at the time that a certificate of occupancy is issued, whichever is earlier. This Lease shall be deemed and construed to be a fully "net Lease," and Lessee shall pay to Lessor, absolutely net throughout the Term of this Lease, all Rent Payments, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or setoff whatsoever in the manner set out above for payment of Rent, and under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the Parties, shall Lessor be expected or required to make any payment of any kind whatsoever relating to the Park Land or be under any other obligation or liability hereunder or otherwise. Lessee shall pay all costs, expenses and charges of every kind and nature relating to the Park Land which may arise or become due or payable prior to, during or after (but attributable to a period falling within) the Term of this Lease, including all costs, expenses and charges related to all recorded or unrecorded agreements, easements, declarations, - 4- 7/17/2008 restrictions or other matters affecting the title to the Park Land, and Lessee hereby agrees to indemnify Lessor against and hold Lessor harmless from all such costs, expenses and charges of every kind as described in the last sentence of this Paragraph 5. 6. Insurance. The Lessee shall maintain an insurance program that provides comparable coverage to that set forth in EXHIBIT 5. The Village acknowledges its undertakings pursuant to paragraphs 14 and 15 of this Ground Lease and that the obligations set forth in these paragraphs are fully enforceable despite the fact that the Village may be self-insured. 7. No Assignment. This Lease and the interest of Lessee in this Lease (or any portion thereof) shall not be sold, assigned or otherwise transferred, whether by operation of law or otherwise, without the prior express written consent of the Lessor's governing Board of Commissioners. 8. Construction of the Fire Station Project. Within one hundred twenty (120) days after the Approval Date (as that term is defined herein) of this Lease, Lessee and Lessor shall mutually agree upon a construction schedule ("Construction Schedule") for the construction of the Fire Station Project and such other improvements as may be required for the development of the Fire Station Project in accordance with the Site Plan that is to be attached hereto as EXHIBIT 4 and made a part hereof, which shall include certain milestone dates, including, without limitation, the date on which construction of the Fire Station Project shall commence, be Substantially Completed (as that term is defined herein). Should - 5- 7/17/2008 the Parties be unable to agree on one or more of the aforesaid milestone dates within the aforesaid one hundred twenty (120) day period, then this Lease shall be automatically rendered null, void and of no further force or effect. 9. Maintenance of the Fire Station. A. Lessee shall keep and maintain the Fire Station and related facilities in good repair and condition in accordance with accepted Village of Mount Prospect municipal fire station standards, including, without limiting the generality of the foregoing, the Fire Station and related facilities and all water, sewer and gas connections, drainage facilities, pipes and mains which service the Fire Station and related facilities and shall put, keep and maintain the Fire Station and related facilities in good and safe order and working condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable Village of Mount Prospect municipal fire station standards. B. Lessor shall not be required to furnish any services, utilities or facilities whatsoever to the Fire Station and related facilities, nor shall Lessor have any duty or obligation to make any alteration, change, improvement, replacement, restoration or repair to, any improvements presently or hereafter located on the Park Land. Lessee assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Fire Station Project and the Park Land. - 6- 7/17/2008 10. Changes, Alterations and Additions. From and after Substantial Completion, Lessee shall not demolish, replace or alter the Fire Station Project as then constructed, or any part thereof, or make any addition thereto without the express written consent of the Lessor, which consent shall not be unreasonably withheld or delayed. 11. Compliance with Laws. Lessee shall promptly comply with any and all applicable present and future laws, rules, orders, ordinances, directives, authorities, regulations, statutes, requirements, codes, orders, permits and authorizations, without regard to the nature of the work required to be done, extraordinary, as well as ordinary, of all federal, state, county or other Governmental Authorities now existing or hereafter created, affecting the Fire Station Project or affecting the construction, maintenance, use or occupation of the Fire Station. Lessee also shall comply with any and all provisions and requirements of any document of record or casualty, liability or other insurance policy required to be carried by Lessee under the provisions of this Lease. 12. Discharge of Liens. Lessee shall not create or cause to be created any lien, encumbrance or charge upon the Park Land or the Fire Station Project, or any part thereof, Lessee shall not create or cause to be created any lien, encumbrance or charge upon any assets of Lessor or upon the Park Land relating to the construction of the Fire Station Project. If any mechanics', laborers' or materialmen's or any other lien, charge or encumbrance at any time shall be filed against the Fire Station Project or the Park - 7 - 7/17/2008 Land in connection with the construction of the Fire Station Project, or any part thereof, or against any assets of Lessor, then Lessee, within thirty (30) days after actual notice of the filing thereof, or such shorter period as may be required by statute, shall (i) cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise or (ii) contest the same. If Lessee shall fail to cause such lien to be discharged of record within the period aforesaid or to contest such lien, and if such lien shall continue for an additional ten (10) days after notice by Lessor to Lessee, then, in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same of record. Any amount so paid by Lessor, including all reasonable costs and expenses incurred by Lessor in connection therewith, together with interest thereon at the maximum statutory rate, from the respective dates of Lessoes making of the payment or incurring of the costs and expenses, shall constitute Rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. 13. No Representations by Lessor. Except as otherwise expressly set forth in this Lease, no representations, statements or warranties, written or oral, express or implied, have been made by or on behalf of Lessor in respect of the Park Land, the status of title thereof, except for the recorded documents which Lessee is required to comply with and which Lessee has been provided recorded copies of for review and approval as provided in Paragraph 11 above, the physical condition thereof, the zoning or other laws, regulations, rules - 8 - 7/17/2008 and orders applicable thereto, or the use that may be made of the Park Land, that Lessee has relied on no such representations, statements or warranties, and that Lessor shall in no event whatsoever be liable for any latent or patent defects in the Park Land. 14. Lessor Not Liable for Injury or Damage, Etc. To the extent permitted by law, Lessor shall not in any event whatsoever be liable for any injury or damage to Lessee or to any other person happening in, on or about the Fire Station Project and its appurtenances, nor for any injury or damage to the Fire Station or to any property belonging to Lessee or any other person(s) which may arise from any other cause whatsoever, unless caused by the willful misconduct of Lessor, its officers, agents or employees. 15. Indemnification. Lessee shall not do or permit any act or thing to be done upon the Park Land which may subject Lessor to any liability or responsibility for injury, damage to persons or property, or to any liability by reason of any violation of law so as to fully protect Lessor against any such liability. Lessee shall indemnify and save Lessor and any agent, officer, or employee of Lessor (each a "Lessor Indemnified Party") harmless from and against any and all liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses, including, without limitation, engineers', architects' and reasonable attorneys' fees, court costs and disbursements, which may be imposed upon or incurred by or asserted against any Lessor Indemnified Party during or after but attributable to a period of time falling within the Term of the Lease, arising from or related to this - 9 - 7/17/2008 Lease, the Fire Station Project, or the use of the Park Land for the Fire Station Project. 16. Events of Default and Remedies. A. Each of the following events shall be an "Event of Default" hereunder: (1) if Lessee shall fail to pay any installment of Rent within ten (10) days after notice thereof from Lessor; (2) if Lessee shall fail to make any other payment required to be paid by Lessee hereunder within twenty (20) days after notice thereof from Lessor to Lessee; (3) if Lessee shall fail to observe or perform one or more of the other material terms, conditions, covenants or agreements of this Lease and such failure shall not be cured by Lessee within thirty (30) days after written notice thereof by Lessor to Lessee specifying such failure (unless such failure requires work to be performed, acts to be done or conditions to be removed which cannot either by their nature or by reason of Unavoidable Delays (as that term is defined herein) reasonably be performed, done or removed, as the case may be, within such thirty (30) day period, in which case no default shall be deemed to exist as long as Lessee shall have commenced curing the same within such thirty (30) day period and shall continuously prosecute the same to completion with reasonable diligence, subject to Unavoidable Delays); (4) to the extent permitted by law, if Lessee shall admit, in - 10 - 7/17/2008 writing, that it is unable to pay its debts as such debts become due; (5) to the extent permitted by law, if Lessee shall make an assignment for the benefit of creditors; or (6) to the extent permitted by law, if Lessee shall file a voluntary petition under the United States Bankruptcy Code, as amended from time to time, or if such petition is filed against Lessee and an order for relief is entered, or if Lessee shall file any petition or answer seeking, consenting to or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal Bankruptcy Code or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce to or suffer the appointment of any trustee, receiver, custodian, assignee, sequestrator, liquidator or other similar official of Lessee, of all or any substantial part of the Fire Station Project or any interest therein; B. If an Event of Default shall occur, the Lessor may elect, in its sole discretion, to proceed by appropriate judicial proceedings, either at law or in equity, (i) to enforce the performance or observance by the Lessee of the applicable provisions of this Lease; (ii) to terminate the Lease; or (iii) to recover damages for breach thereof, which costs shall include Lessor's reasonable attorneys' fees and costs. Lessor may pursue one or more of the foregoing remedies, and no remedy shall be deemed exclusive. C. No failure by either Party to insist upon the strict performance - 11 - 7/17/2008 by the other Party of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no payment or acceptance of full or partial Rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this Lease to be performed or completed by either party, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by the other Party. No waiver of any breach shall affect or alter this Lease, but each and every covenant, agreement, term and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. D. In the event of any breach or threatened breach by either Party of any of the covenants, agreements, terms or conditions contained in this Lease, the other Party shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any rights and remedies allowed at law or in equity or by statute. E. Each right and remedy of Lessor and Lessee provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by a Party of any of one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by such Party of any or all other rights - 12 - 7/17/2008 or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 17. Notices. Whenever it is provided in this Lease that a notice, demand, request, consent, approval or other communication (each of which is herein referred to as a "Notice) shall or may be given to or served upon either of the Parties by the other, and whenever either of the Parties shall desire to give or serve upon the other any Notice with respect hereto or the Fire Station Project, each such Notice shall be in writing and, any law or statute to the contrary notwithstanding, shall not be effective for any purpose unless given or served as follows: A. If given by Lessor, by a nationally recognized overnight courier service, personal delivery or by mailing the same to Lessee by certified or registered mail, postage prepaid, return receipt requested, addressed to Lessee at 50 S. Emerson Street, Mount Prospect, Illinois, Attn: Village Manager, with a copy thereof to Klein, Thorpe and Jenkins, Ltd.20 N. Wacker Drive, Suite 1660, Chicago, IL 60606, Attn: Everette M. Hill, Jr. and/or to such other address(es) and attorneys as Lessee may from time to time designate by Notice given to Lessor in the manner set forth below. B. If given by Lessee, by a nationally recognized overnight courier service, personal delivery or by mailing the same to Lessor by certified or registered mail, postage prepaid, return receipt requested, addressed to Lessor at 401 E. Camp McDonald Road, Prospect Heights, Illinois 60070-2508, Attn: Park - 13 - 7/17/2008 Director, with a copy thereof to Tressler, Soderstrom, Maloney & Priess, LLP, 305 W. Briarcliff Road, Bolingbrook, Illinois 60440, and/or to such other address(es) and attorneys as Lessor may from time to time designate by Notice given to Lessee in the manner set forth below. C. Every Notice shall be deemed to have been given or served upon receipt or refusal of receipt if delivered personally, if delivered by a nationally recognized overnight courier service, one (1) Business Day (as that term is defined herein) after deposit with same, or if mailed, on the second Business Day after the same shall have been deposited in the United States mails in the manner aforesaid. 18. Hazardous Substances. A. Definitions. (1) "Claim" shall mean and include any demand, cause of action, proceeding or suit and the results thereof (i) for damages (actual or punitive), losses, injuries to person or property, damages to natural resources, fines, penalties, expenses, liabilities, interest, contribution or settlement (including, without limitation, attorneys' fees, expert witness fees, court costs and disbursements), (ii) for the costs of site investigations, feasibility studies, information requests, health or risk assessments, or Response actions, and (iii) for enforcing insurance, contribution, or indemnification agreements. (2) "Environmental Law" shall mean and include all federal, state and local statutes, ordinances, regulations, rules and - 14 - 7/17/2008 common law relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq., and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"),7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act ("OSHA"), 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act; the Emergency Planning and Community Right-to-Know Act; the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act ("TSCA"), 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; and any other superfund and environmental clean-up statutes, with implementing regulations and guidelines. Environmental Laws shall also include all other state, regional, county, municipal and other local laws, regulations, ordinances permits and approvals, including - 15 - 7/17/2008 common law nuisance and trespass insofar as they are equivalent or similar to the federal laws recited above or purport to regulate Hazardous Materials or Releases or in the case of common law nuisance or trespass, as may be accepted in the applicable jurisdiction to redress environmental concerns and damages. (3) "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, byproduct, or constituent regulated under CERCLA; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the FIFRA; asbestos and asbestos-containing materials, PCBs and other substances regulated under the TSCA; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. § 1910.1200 et seq.; industrial process and pollution control wastes whether or not hazardous within the meaning of RCRA, any solid waste, whether waste, hazardous waste or other waste as defined in the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq. and any other hazardous substance, pollutant or contaminant regulated under any other Environmental Law. (4) "Manage" or "Management" means to generate, manufacture, process, treat, store, use, re-use, refine, recycle, reclaim, blend or - 16 - 7/17/2008 burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, monitor, contain, excavate, dispose of or abandon Hazardous Materials. (5) "Release" or "Released"shall have the meaning given under any respective Environmental Law as described in 28.01(b) and shall mean but is not limited to any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, presence, dumping, migration from adjacent property or disposing of Hazardous Materials into the environment, as "environment" is defined in CERCLA. (6) "Response"or "Respond" shall mean action taken in compliance with Environmental Laws to correct, remove, remediate, cleanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Material. B. Lessee covenants that Lessee shall at its own cost comply with all Environmental Laws in connection with the construction, operation, management and maintenance of the Fire Station Project and shall not release any Hazardous Materials into the environment in violation of any Environmental Laws. No Hazardous Materials shall be stored or managed in violation of any Environmental Laws on the Park Land without the prior written consent of the Lessor. C. During the term of this Lease, Lessee shall promptly provide the Lessor with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders - 17 - 7/17/2008 or decrees, claims, complaints, investigations, judgments, letters, notices of environmental liens or response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, Illinois Environmental Protection Agency or other federal, state or local agency or authority or any other entity or individual, concerning (i) any Release of a Hazardous Material on or from the Fire Station Project; (ii) the imposition of any lien on the Fire Station Project; or (iii) any alleged violation of or responsibility under Environmental Laws. D. If Lessee's Management of Hazardous Materials at the Fire Station Project (i) gives rise to liability or to a Claim under any Environmental Law, (ii) causes a significant public health effect, or (iii) creates a nuisance or trespass, Lessee shall promptly take all applicable action in Response. Lessor shall have the right, but not the obligation, after providing Lessee with notice and a reasonable opportunity to cure, to enter onto the Fire Station Project or to take such other actions as it deems necessary or advisable to perform any and all Response action(s). All costs and expenses incurred by Lessor in the exercise of any such rights shall be payable by Lessee upon demand. E. Lessee shall indemnify, defend and hold harmless Lessor and its officers, agents and employees from all Claims suffered or incurred by any of the foregoing Persons arising from or attributable to (i) any breach by Lessee of any of its warranties, representations or covenants in this Section; (H) - 18 - 7/17/2008 noncompliance of the Fire Station Project or Lessee with any Environmental Laws; (Hi) any actual or alleged illness, disability, injury, or death of any person in any manner arising out of or allegedly arisen out of exposure to Hazardous Materials or other substances or conditions present at the Fire Station Project, caused by Lessee or any Person claiming by, through or under Lessee, regardless of when any such illness, disability, injury, or death shall have occurred or been incurred or manifested itself; and (iv) exposure to Hazardous Materials Managed or Released by Lessee or otherwise located or Released upon the Fire Station Project. In the event any Claims or other assertion of liability shall be made against Lessor for which Lessor is entitled to indemnity hereunder, Lessor shall immediately notify Lessee of such Claim or assertion of liability and thereupon Lessee shall, at its sole cost and expense, assume the defense of such Claim or assertion of liability and continue such defense at all times thereafter until completion. Lessee's obligations hereunder shall survive the termination or expiration of this Lease. 19. Consents and Approvals. All consents and approvals which may be given under this Lease shall, as a condition of their effectiveness, be in writing. The granting of any consent or approval by a Party to perform any act requiring consent or approval under the terms of this Lease, or the failure on the part of a Party to object to any such action taken without the required consent or approval, shall not be deemed a waiver by the Party whose consent was required of its right to require such consent or approval for any further similar act, - 19 - 7/17/2008 and each party hereby expressly covenants and warrants that as to all matters requiring the other Party's consent or approval under the terms of this Lease, the Party requiring the consent or approval shall secure such consent or approval for each and every happening of the event requiring such consent or approval and shall not claim any waiver on the part of the other Party of the requirement to secure such consent or approval. 20. Surrender at End of Term or early termination of Lease. A. Lessee shall, on the last day of the Term or upon the earlier termination of the Term, quit and surrender to Lessor the Park Land, together with the Fire Station and related facilities, free of all equipment, furniture and other personal property and in good order and condition, reasonable wear and tear, and free and clear of all lettings, occupancies, liens and encumbrances. B. On the last day of the Term or upon any earlier termination of the Lease or upon reentry by Lessor upon the Park Land, and the Fire Station and related facilities, fee simple title to the improvements, Fire Station and related facilities, to the extent not theretofore vested in Lessor pursuant to the terms of this Lease, shall revert to Lessor without the necessity of any further action by either party hereunder; provided, however, that upon Lessor's request, Lessee shall execute and deliver to Lessor (in recordable form) all documents necessary to evidence such conveyance, including, without limitation, a quitclaim deed and bill of sale. C. On the last day of the Term or upon any earlier - 20 - 7/17/2008 termination of this Lease or upon a reentry by Lessor upon the Park Land pursuant to this Lease, Lessee, at its sole cost and expense, shall remove from the Park Land on or prior to such expiration, termination or re-entry all personal property situated thereon which is not owned by Lessee, and shall repair any damage caused by such removal. Any property not so removed shall become the property of Lessor, and Lessor may cause such property to be removed from the Park Land and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Lessee, provided that Lessor sends Lessee Notice of such removal to provide the Lessee the opportunity to remove or repair such damage or dispose of such item. 21. Miscellaneous. A. The captions of this Lease are for convenience of reference only and in no way define, limit or describe the scope or intent of this Lease or in any way affect this Lease. B. This Lease may not be changed, modified or terminated orally, but only by a written instrument of change, modification or termination executed by the party against whom enforcement of any change, modification or termination is sought. C. This Lease shall be governed by and construed in accordance with the laws of the State of Illinois, and the venue for any litigation involving this Lease shall lie only in the Circuit Court of Cook County. D. The agreements, terms, covenants and conditions herein shall - 21 - 7/17/2008 be binding upon, and shall inure to the benefit of, Lessor and Lessee and their respective successors and (except as otherwise provided herein) assigns. E. All references in this Lease to "Paragraphs" shall refer to the designated Paragraph(s), as the case may be, of this Lease. F. Unless specifically provided otherwise herein, any undertaking either required or permitted hereunder by either Lessor or Lessee shall include the obligation to pay for such undertaking. G. This Lease shall not be construed to create a partnership or joint venture between the parties, it being the intention of the parties only to create a Lessor and Lessee relationship. H. With respect to any provision of this Lease, time shall be of the essence. I. The provisions set forth in this Lease incorporate the full and complete understanding of the Parties to the exclusion of any terms or conditions not expressly set forth herein and supersede any prior negotiations, agreements or commitments by either Party with respect to this Lease. 22. Memorandum of Lease. The Parties agree to execute in recordable form a memorandum of lease setting forth the pertinent provisions of this Lease and shall be recorded against the Park Land. The cost of recording shall be borne by the Lessee. 23. Effective Date. This Lease shall be deemed dated and become effective on the date that the Lessor's President and Clerk have signed this - 22 - 7/17/2008 Lease, which date shall be the date referenced next to their signatures attached hereto and made a part hereof by reference. The following Exhibits, Schedules, Riders or attachments are hereby attached hereto and made a part hereof by reference. EXHIBIT 1 Legal Description of the Park Land EXHIBIT 2 School Land Lease EXHIBIT 3 Plans and Specs for School Land EXHIBIT 4 Site Plan (to be attached) EXHIBIT 5 Schedule of Insurance IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the day and year first written above. LESSOR: LESSEE: RIVER TRAILS PARK DISTRICT VILLAGE OF MOUNT PROSPECT il1~~ommiSSioners a;-~ tf#~ ATTEST: ommissioners , fJ)~~F- /vm' e Clerk . i . - 23 - 7/16/2008 EXHIBIT 2 LEASE THIS LEASE is made and entered into this g" d day Of~ 2008. by and between the RIVER TRAILS PARK DISTRICT (the "Lessee" or the "Park District") and the Board of Education of RIVER TRAILS SCHOOL DISTRICT NO. 26, Cook County, Illinois (the "Lessor" or the "School District"). WHEREAS, the Lessee desires to lease certain property owned by the School District, which is legally described on Exhibit 1 attached hereto and made a part hereof (the "School Land Park Site"); and WHEREAS, the Village has agreed that the Village, pursuant to a separate Lease with the Park District, will be responsible for all costs associated with the improvement of the School Land for the Lessee's recreational purposes as hereinafter provided (the "Recreational Improvements"); and WHEREAS, the River Trails Park District (Lessee) and the School District are public agencies as that term is defmed in the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and WHEREAS, Article VII. Section 10 of the Illinois Constitution of 1970 and 5 ILCS 220/1 et seq. authorize units of local govenunent to contract or otherwise associate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovenunental activities: NOW, THEREFORE, pursuant to their powers of intergovernmental cooperation and in consideration of the mutual promises and covenants hereinafter set forth, the sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: 1 40136411 vi 4001850 1. The recitals hereiDabove set forth sha1I be aDd are hereby incorporated in this PUapaph 1 as fiDdn,p of filet as if said recitals were fblly set 1brth bereia. 2. The School District hereby conveys a leuehold in the School Laud Park Site subject to the terms contaiDed herein to the Park District for an Initial Term comllWlllCina on November 1, 2008 and tenniDatiDa on October 31, 2033. The leasehold shall automatically be exteDded tOr a Second Term cOllDDeJlcing on November I, 2033 and termiDatiDg on October 31, 2043, unless otherwise mutually agreed to by the parties in writiDg. Tbereafter, the leasehold shall remain in effect until termm.ed by either party with not less than one yeu's prior written notice to the other party. 3. The PIUk District shall pay the School District one dollar (Sl.OG) per annum as reDltbr the School Laud Park Site. 4. The PIUk District shall use and operate the School Land Park Site solely for park pmpose8. The Park District sball be solely responsible for the maintenance of the School Land Park Site. This maintenance program will be consistent with the program mstituted for all Park District land and facilities. s. The Village shall construct, or cause to be constructed, the Recreational Improvements on the School Land Park Site at the Village's sole cost and expeDle punuant to a separate lease with the Park District. AU Recreational Improvements, including but not limited to those depicted on the Plans and Specifications attached hereto as Exlnbit 2 aDd made apart hereof: are subject to approval by the School District. In addition, the Park District shall provide portable restroom facilities at the School Land Park site during any such time that the School Land Park Site is used by the Park District. 2 .o136411vl4001150 . . . 6. The School District shall have priority usage of the Recreational Improvements on the School Land Park Site each day during the school year when classes are normally in session until 6:00 p.m., (a "School Day") and during school special events but excluding summer school. The Lessee shall have priority usage of the Recreational Improvements on any day of the year that is not a School Day and shall also have priority usage of the Recreational Improvements after 6:00 p.m. on any School Day unless there is a special event at the adjacent school. 7. Except with respect to School District sponsored activities occurring on the School Land Park Site, the Park District agrees to indemnify, and hold harmless the School District, its officers and employees, from any and all claims, damages, lawsuits or judgments arising from or related to any act or omission to act with respect to the School Land Park Site or any use or occupancy of the School Land Park Site by the Park District, its sublessees, licensees, invitees, or any other person using the School Land Park Site or any part of the School Land Park Site. Both parties are entitled to participate in the defense of any such claims or suits to the extent of their own interest. If the School District elects to defend itself; its defense shall not be deemed a waiver by the School District of any of its rights under the Indemnification herein set forth or other defenses as provided by law. 8. The Park District shall obtain and maintain continuously in effect at all times during the term of this Agreement. at the Park District's sole expense, general liability insurance coverage (of not less than one million dollars) through a risk management pool acceptable to the School District, naming the School District as an additional insured and protecting the School District against liability by reason of the Park District's wrongful conduct or failure to act incident to the Park District's use of the School Land Park Site or resulting from any accident or 3 40J36411vl 4001850 incident occuniDa on or about the School Laud Puk Site as a result of the opendioDs and activities oftbe Park District, or ita sublessees, licensees, or invitees, aDd caused or arisina out of any of their wrouaful acts or OmislioDl. Proof of iDsuraDce shall be provided on an anmJAl buis. 9. Any and all improvements installed by or on behalf of the Park District on the School Land Park Site must be pre-approved by the School District and shall be constructed in accordance with all applicable state, tederal. and local laws, regulations and ordinances. 10. The School District agrees to cooperate fully with and to assist the Park District in applyinl for pants or other types of fundinl, which funding would be used by the Park District to improve the School Land Park Site for park putpOses. 11. Prior to the expiration of the lease term. the Park District may remove, at its sole cost and expense, any fixture or other improvements located on the School Land Park Site which have been constructed or purchued by, or on behalf o( the Part District. Any portion of the School Land Park Site that is disturbed by the removal shall be graded aDd seeded by the Park District at its own expense and restored to as nearly as practicable to its original condition, or a condition which is approved by the School District, which approval shall not be unreasonably withheld. In the event the Park District &.ils to remove such fIXtures or other improvements from the School Land Park Site as aforesaid, then the fixtures or other improvements shall be considered accretions to the real estate and shall immediately become the property of the School District. 12. It is hereby agreed by and between the parties that no li&hts shall be erected on the School Land Park Site. 13. The Park District and the School District do further aaree that semi - annually (on or before January 30 and July 30 of each year (a representative of the Park District and a 4 <40136411vl4001150 . e . representative of the School District shall meet to review the usage of the School Land Park Site and to coordinate the schedule of its use by both the School District and the Park District. Said meeting shall be held by the Superintendent of the School District and the Director of the Park District or their respective designees. 14. This Lease shall be governed by and construed in accordance with the laws of the State oflllinois. 15. The provisions set forth in this Lease incorporate the full and complete understanding of the parties to the exclusion of any terms or conditions not expressly set forth herein and supersede any prior negotiations, agreements or commitments by either party with respect to this Lease. 16. The Lease shall not assignable without pre-approval of River Trails School District 26, the Board of Education of which shall have sole discretion as to whether or not to withhold such approval. 17. Lessee shall promptly comply with any and all applicable present and future laws, rules, orders, ordinances, directives, authorities regulations, statutes, requirements, codes, orders, permits and authorizations, without regard to the nature of the work required to be done, extraordinary, as well as ordinary, of all federa~ state, county or other Governmental Authorities now existing or hereafter created, affecting the School Land Park Site or affecting the construction, maintenance, use or occupation of the School Land Park Site. Lessee also shall comply with any and all provisions and requirements of any document of record or casualty, liability or other insurance policy required to be carried by Lessee under the provisions of this Lease. 5 4013641 Ivl 4001850 18. Leaee shall not CRIIte or cause to be created any lieu, cmcumbraDce or cJwae . upon my aseta ofLeslOr or upon the School Lad Park Site or my part ....f. If any mechanics', laborers' or materialmen's or my otber lieD, charp or eDCUIIlbrance at any time shan be filed against the improvements on the School Land Park Site or the Demised Premises in CODJJeCtion with said improvements or any part thereof: or agaiDst any asets of LeSlOr, then Lessee, within thirty (30) days after actual notice of the filinl thereof; or such shorter period a may be required by statute, sball (i) cause the same to be discharged of record by pa)'1Jlellt, deposi, bond, order of a court of competeDl jurisdiction or otbawiae (ii) contest the SIDle. If Lessee shall fail to CIIUIe such lien to be di8charaod of record within the period aforesaid or to contest such lien, aDd if such lien shan continue for an additioual ten (10) days after notice by Lessor to Leaee, then, in addition to any other right or remecly, Lessor may, but shall not be obtipted to, discbarp the same of record. Any amount so paid by Lessor, includina all reuoDable costs and expenses incurred by Lessor in connection therewith, tOletber with . interest thereon at the maximum statutory rate, from the respective dates of Lessor's malriw,1 of the payment or incurring of the costs IDd expenses, sba11 constitute Rem payable by Lessee UDder this Leue IDd shall be paid by Lessee to Lessor on demand. 19. Except a otherwise expressly set forth in this Leue, no representations, statements or warranties, written or oral, express or iq)lied, have been made by or on behalf of Lessor in respect of the School Land Park Site, the status of title thereof except for the recorded documents which Lessee is required to comply with, the physical condition thereof; the zoning or other laws, reauJations, rules and orders applicable thereto, or the use that may be made of the School Laud Park Site, that Lessee has relied on no such representations, statements or . 6 4013604lJvl4001850 warranties, and that Lessor shall in no event whatsoever be liable for any latent or patent defects in the School Land Park Site. 20. In the event that Lessee shall fail to observe or perform one of more of the material terms, conditions, covenants or agreements of this Lease and such failures are not remedied by Lessee within thirty (30) days after written notice thereof by Lessor to Lessee specifying such failure (unless such failure requires work to be performed, acts to be done or conditions to be removed which cannot either by their nature or by reason of Unavoidable Delays reasonably be performed, done or removed as the case may be, within such thirty (30) day period, in which case no default shall be deemed to exist as long as Lessee shall have commenced curing the same within such thirty (30) day period and shall continuously prosecute the same to completion with reasonable diligence, subject to unavoidable Delays), then the Lessor may elect, in its sole discretion, to proceed by appropriate judicial proceedings, either at law or in equity, to: (i) to enforce the performance or observance by the Lessee of the applicable provisions of this Lease; (ii) to terminate the Lease; and/or (iii) to recover damages for breach thereof, which costs shall include Lessor's reasonable attorneys' fees and costs. Lessor may pursue one or more of the foregoing remedies, and no remedy shall be deemed exclusive. 21. No failure by either Party to insist upon the strict performance by the other party of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a beach thereof, and no payment or acceptance of full or partial rent-during the continuance of any such breach, shall constitute a waiver of any such breach or of such covenant, agreement, term, or condition. No covenant, agreement, term or condition of this Lease to be performed or completed by either party, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by the other Party. No waiver of any breach 7 40136411v14001850 shaD affect or alter this Leue, but each aud every covenant, agreemmJt, term amd CODdition of . thiI LeaIe shall conthue in full force IDd effect with respect to any other then existinJ or subsequent 1nach thereot: 22. In the event of any breach or tbre8teDed breach by either party of any of the covemmtl, aar=ments, terms or conditioDa contained in this Lease, the other Party shall be entitled to enjoin such breach or threatened bJach IDd shall have the riaht to invoke any rights aud remedies allowed at Jawor in equity or by statute. 23. E8ch right aud remedy of Leslor and Lessee provided for in this Lease shall be C1111'1111ative and shall be in addition to every other ri&ht or remedy provided tor in this Lease or now or hereafter existing at Jawor in equity or by statute or otherwise, and the exercise or begjnning of the exercise by a Party of any of one or more of the rights or remedies provided for in this Lease or now or heleafter existiDg at Jawor in equity or by statute or otherwise shall not preclude the simultaneous or Jater exercise by such Party of any or aU other rights or remedies . provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 24. Whenever it is provided in this Lease that a notice, demand, request, consent, approval or other communication (~h of which is herein referred to u a "Notlee") shaD or may be given to or served upon either of the Parties by the other, aDd whenever either of the Parties shall desire to give or serve upon the other any Notice with respect hereto or the School Land Park Site, each such Notice shall be in writing and, any law or statute to the contrary notwithstanding, shall not be effective for any purpose unless given or served u follows: A. If given by Lessor, by a nationally leCOgJ'i7,ed overnight oourier service, persoDBl delivery or by mailing the same to Lessee by certified or registered mail, postage prepaid, return . 8 40136411.14001150 receipt requested, addressed to Lessee at 401 East Camp McDonald Road, Prospect Heights, Illinois, 60070-2508 Attn: Park Director, with a copy thereof to Tressler, Soderstrom, Maloney & Priess LLP, 305 West Briarcliff Road, Bolingbrook, Illinois 60440 and/or to such other address(es) and attorneys as Lessee may from time to time designate by Notice given to Lessor in the manner set forth below. B. If given by Lessee, by a nationally recognized overnight courier service, personal delivery or by mailing the same to Lessor by certified or registered mail, postage prepaid, return receipt requested, addressed to Lessor at River Trails School District 26, 1900 East Kensington Road, Mt. Prospect, IL 60056, Attn: Superintendent, with a copy to Scott E. Nemanich, Hinshaw & Culbertson LLP, 14 West Cass Street, 3rd Floor, Joliet, IL 60432, and/or to such other address(es) and attorneys as Lessor may from time to time designate by Notice given to Lessee in this manner set forth below. .~ " c. Every Notice shall be deemed to have been given or served upon receipt or refusal of receipt if delivered personally, if delivered by a nationally recognized overnight courier service, one (1) Business Day after deposit with same, or if mailed, on the second Business Day after the same shall have been deposited in the United States mails in the manner aforesaid. 25. This Lease may be amended in writing upon agreement of both of the parties hereto. 26. The parties hereto acknowledge that the Park District has or will have entered into a separate Ground Lease with the Village of Mount Prospect (see Exhibit 3). If said Ground Lease is declared null and void pursuant to Paragraph 8 of said Ground Lease, the parties hereto 9 40136411v14001850 hereby agree that this Lease shall also become imnvv!iately aDd automatically null and void and . shall be of 110 further fOrce and effect. IN WITNESS WHEREOF, the parties have executed this Lease and affixed their seals as of the day and year first written above. LESSOR: LESSEE: BOARD OF EDUCATION OF RIVER TRAILS SCHOOL DISTRICT NO. 26 ~ F oJU~ President. Board of Education RIVER TRAILS PARK DISTRICT L~)j~ President. Board of Park Commissioners e ATTEST: J4 IJ. ~,,~ Secretary, Board of Education ~~~L . 10 ~136411vl40018S0 "0 c: ns ....I -- ou o Q) .r::. _~ u- t/)~ ~!:E .Eu tn ~ u-- CD > c.~ t/)Q) "0..0 c: 0 ns- tn c: .!~ Q.m c E M om ........ -a.. rn- J: >< W 440 Yard Track Soccer Field AYSO DMsIon UIO 12G'a2CO' ui ..JI ..Jo .11 Clot. = jot if ,. c.:lri .. II o~fl~ :II'! c .1, :Ii ;:!~ :: Ii J, .>....-........ ..... Earth Landform ~o E"t:Ul Q. Tii"o .2 O@ g!-t!::; Q)tIlg Oo..g. :E~e Q)1ijll. !u:~c Z_I-", < - ~ 0 ~ ~ ~~ i'Eii: ~ en New Softball Reid ... ....- -nod""" 2SO' RaclUs 0uIIitt: --..... AsphalCa.e AfU ! ~: I; ~: Earth Landform JIB u liB I~ f ~lii ~a:: ~.~ ~ ~ ~ 1 0..0 , ! DJi EXHIBIT 5 VILLAGE OF MOUNT PROSPECT SCHEDULE OF INSURANCE IN FORCE December 31,2008 Deductiblel Specific Aggregate Self-Insured Excess Excess Expiration Policy Type of Coverage Carrier Retention Limit Limit Date Number Broker Premium Property & Inland Marine Federal Insurance I Chubb $25,000 $64,729,190 none 01/01/09 35826710 Arthur J. Gallagher $80,754 Workers' Compensation Safety National Insurance Co. $500,000 Statutory $1,000,000 01/01/09 SP-1H74-IL Arthur J. Gallagher $42,437 General Liability N/A $2,000,000 $0 $0 $0 Auto Liability N/A $2,000,000 $0 $0 $0 Employment Practices Liability N/A $2,000,000 $0 $0 $0 Police Professional Liability N/A $2,000,000 $0 $0 $0 Public Officials Liability N/A $2,000,000 $0 $0 $0 (Errors and Omissions) Fiduciary Liability - Police Pension Federal Insurance I Chubb $25,000 $5,000,000 $5,000,000 08/01/08 8158-5499 Arthur J. Gallagher $9,061 Fiduciary Liability - Fire Pension Federal Insurance I Chubb $25,000 $5,000,000 $5,000,000 08/01/08 8169-8992 Arthur J. Gallagher $10,378 Excess Liability High-level Excess Liability Pool $2,000,000 $12,000,000 $12,000,000 04/30/09 nla nla $71,932 Public Employee Dishonesty ITT Hartford $5,000 $500,000 none 05/01/09 83BPEAD4895 Hobbs Group $2,423 Depositors Forgery ITT Hartford $1,000 $100,000 none 05/01/09 83BPEAD4895 Hobbs Group Incl. in above Public Officials Bond - President ITT Hartford $0 $100,000 $100,000 05/01/09 83BSBDK7589 Hobbs Group $400 Public Officials Bond - Manager ITT Hartford $0 $100,000 $100,000 05/01/09 83BSBCQ9763 Hobbs Group $400 Public Officials Bond - Treasurer ITT Hartford $0 $250,000 $250,000 05/01/09 83BSBAK8746 Hobbs Group $1,150 Contingent Tax Interruption Chubb $25,000 $9,000,000 $9,000,000 01/01/09 35826710 Arthur J. Gallagher Incl. in Prop Employee & Retiree Health Ins. Intergovernmental Personal $20,000 I Benefit Cooperative $75,000 none none 06/30/08 nla nla Varied Third Party Administrators Workers Comp Claims Admin CCMSI Liability Claims Admin GAB Robins MAYOR Irvana K. Wilks Mount Prospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Kom John J. Matuszak Steven S. Polit Michael A. Zadel ~ VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 TOO: 847/392-6064 www.mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 October 15, 2009 Mr. Jeff Ende, P.E. Engineering Department Illinois American Water Company 1000 Internationale Parkway Woodridge, Illinois 60517 Re: Softball Field Development, River Trails Park District Wolf Road, north of Foundry Road (Mount Prospect, Illinois) ILAWC Project: CSU-2009-41-24 Dear Mr. Ende: This correspondence is in reference to a letter from your office dated April 27, 20091, which was received by Todd Abrams of W-T Civil Engineering (on behalf of the River Trails Park District). The Softball Field Development (the "Project") referenced in your letter is an ongoing cooperative effort between River Trails School District 26, the River Trails Park District, and the Village of Mount Prospect. The Project includes the construction of a softball field on property owned by River Trails School District 26, to be maintained, utilized, and managed by the River Trails Park District (the "Park District"), with its construction financed by the Village of Mount Prospect (the "Village"). In your April 27, 2009, letter, under item 3 of General Comments, you propose three options for proceeding with the Project given that the infield of the softball field (the "Infield"), as hereinafter described, has been constructed in an easemene over Illinois American Water Company's existing sanitary sewer and watermain (the "Main" or Mains"). The Park District has decided to proceed with option c, which is for the Infield to remain over the Mains. Therefore, in the event that it is necessary for Illinois American Water Company to perform work to maintain or repair either or both of those Mains in the Infield, the Park District accepts responsibility for restoration of the Infield (the "Restoration"), as hereinafter described. For purpose of this Agreement, the Infield shall include the Backstop and Core Area, as described on the Preliminary Design Plan, dated 6/2/08, by Brusseau Design Group, LLC3, but only to the extent that it is located on the Easement, and the Restoration shall include replacement of the player bench, drinking foundation, asphalt walk, twelve foot (12') high backstop, infield and grass thereon to the condition prior to Illinois American Water Company's maintenance or repair. 1 The April 27, 2009, letter is attached hereto and incorporated herein as Exhibit A. 2The Easement is described in Exhibit 8, which is attached hereto and incorporated herein. 3 The Preliminary Design Plan is attached hereto and incorporated herein as Exhibit C, with the Easement noted. Mr. Jeff Ende October 15, 2009 Page 2 As the Village is funding the Project, the Village hereby agrees to accept financial responsibility for the reasonable costs associated with the Park District's Infield Restoration as provided above, excluding any costs associated with the negligence of the Park District, its agents, contractors or subcontractors in performing such restoration. Please accept this letter as documentation of the acceptance of the duties and obligations set forth herein by the River Trails Park District and Village of Mount Prospect, respectively. Such duties and obligations shall continue so long as the Easement is utilized as the Infield. If you have any questions or concerns, please call me at (847) 818-5300. Sincerely, IN AGREEMENT TO THE TERMS SET FORTH ABOVE: River Trails Park District River Trails School District 26 By: ~.L~ ~~ Title ex.ee.u-t~ \I e. 'b ~r"'~l...-\.-oy- Date: (0 I~" J~()O~ ~~:e-i;:EJ!!l+-- Date: 1&-2- 9-v'J' GW/CPI 1:\Facilities Study - Phase I Projects\Fire Station 14\River Trails Park District - Ball Diamond\lLAWC Ltr of Responsibility - CP (10-15-09).doc Mr. Jeff Ende October 15, 2009 Page 3 EXHIBIT A ILLINOIS AMERICAN WATER COMPANY CORRESPONDENCE APRIL 27,2009 Mr. Jeff Ende October 15, 2009 Page 4 * ILLINOIS AMERICAN WATER Todd Abrams, W-T Civil Engineering Engineering Department 2675 Pratum Avenue Hoffman Estates, IL 60192 Name Phone Fax E-t-Iail Jeff Ende. P.E. (630) 739-8837 (630) 739-0477 Jeffrey.ende@amwater.com Date: April 27, 2009 Re: Softball Field Development, River Trails Park District Wolf Road, north of Foundry Road Mount Prospect, Illinois Plan Dated: 4/8/09 ILAWC Project: CSU-2009-41-24 Illinois American Water Company (ILAWC) has reviewed the referenced plans detailing the development of a softball field to be located on the west side of Wolf Road, north of Foundry Road in Mount Prospect, IL. These plans have been reviewed for conformance with ILAWC's Development and Construction Standards. We offer the following comments with respect to the proposed watermain installation. General 1. A written response addressing the comments within this review letter and plan set shall be provided with the re-submittal. When the revised plans are available, please submit two full sets to: Illinois American Water Company - Engineering Department 1000 I nternationale Parkway Wood ridge Illinois 60517-4924 If you have any questions, please contact me at 630-739-8837. 2. The location of the existing watermain is shown incorrectly on the plans. Please revise the topographic survey accordingly. 3. The plans as drawn show the infield of the softball diamond and the backstop being built over the existing sanitary sewer and watermain. ILAWC sees three options for this project: a. Relocate the infield to the southeast or southwest corner of the lot. This will allow the watermain and sanitary sewer to be located in the outfield. This would be the least costly option. H:\Reviews\Chicago Suburban\CSU.2009.41.24\Softball Field Development Review 1_JME_04-27-09.doc Page 1 of 4 Mr. Jeff Ende October 15, 2009 Page 5 b. Relocate the watermain and sanitary sewer to avoid the ball field. The watermain could be relocated south of the ballfield, and the sanitary sewer shifted north, nearer to the school. This would be the most costly option. c. Allow the utilities to remain under the field. In order for ILAWC to accept this situation, we will require an agreement with the Park District stating that in the event a watermain or sanitary sewer repair is required, ILAWC is not responsible for restoring the infield area or the backstop. This will be the responsibility of the property owner. Also, ILAWC will require that the existing 18" sewer be televised prior to construction, to verify the current condition of the sewer. Should ILAWC deem it necessary, the sanitary sewer shall be lined at the owner's expense prior to construction of the back stop. ILAWC recommends repositioning the diamond on the southeast or southwest corner of the lot. 4. Review comments regarding the watermain installation have been marked in red on the enclosed plans. As needed, respond to any comments by marking on plans. Please return these plans with the resubmittal. 5. Provide a landscaping plan for our review with respect to existing and proposed watermain locations. Landscaping items such as berms, trees, retaining walls, etc. shall not be installed over these mains or within easements dedicated for these mains. a. Trees shall be installed a minimum of 5 ft. horizontally from sanitary sewers, sanitary services, watermains, and water services. b. Trees and light poles shall be installed a minimum of 10ft. horizontally from utility structures and appurtenances, including but not limited to manholes, valve boxes and vaults, and fire hydrants. 6. Provide a copy of the property's plat of survey and recorded easement documents for our review. 7. The Agreement between the Developer and ILAWC requires that the Developer provide inspection services for the installation of all new watermain facilities. The inspection of the installation, satisfactory completion of the testing requirements and the as-built drawings must be given signed approval by a registered engineer. Prior to installation, the inspection engineer shall contact ILAWC at 630-739.8839 to schedule a preconstruction meeting. Water Distribution 1. Watermain a. The watermain and fittings shall be ductile iron pipe, Pressure Class 350 (AWWA-C151) with interior cement mortar lining and outside seal coating (AWWA C-104). b. The ductile iron pipe, fittings and appurtenances shall be encased in polyethylene according to AWWA C-105. c. Provide 10 foot separation (from outside of pipe) from sanitary and storm sewers. 2. The review comments and watermain materials stated are based on the non- expectation of encountering soils contaminated with petroleum products or organic solvents. If these contaminates are suspected or have been identified by the owner or engineer, or if during the course of the watermain installation the contractor H:\Reviews\Chicago Suburban\CSU-2009-41-24\Softball Field Development Review CJME_04-27-09.doc Page 2 of 4 Mr. Jeff Ende October 15, 2009 Page 6 identifies, or suspects the presence of petroleum products or any unknown chemical substance, ILAWC is to be notified immediately. Installation of any further watermain in the area of suspected contamination shall be stopped until direction is provided by the ILAWC. Meter Vault Installations (Sizes 5/8" to 2") 1. Provide 5.5' of cover for the water service line and meter installation. a. The water service line shall be provided with a b-box installation that is installed at the location where the service line connects with Illinois American's watermain. The b-box shall be installed within the road right of way, within a utility easement or within an Illinois American watermain easement. 2. Concrete Manhole Vault (Paved and Non-paved Areas) a. Manhole Inside Diameter i. Meters 5/8" to 2" ( 48" Min. Inside Diameter) ii. Meters 3" and Greater ( Rectangular Vault) b. Flat top lid shall be used c. Frame and Lid - East Jordan model 102052. The lid shall be provided with a 2" diameter hole for the radio frequency unit installation. d. Manhole steps are required (Plastic Coated M-A Industries, Inc.) e. Manhole base is required f. The meter shall be installed 3' above the manhole floor. 3. ILAWC shall supply and install the water meter. Contact Illinois American's Customer Service Department at 1-800-422-2782 to schedule the meter installation. Please anticipate about two weeks for the meter installation. The developer's plumber shall provide the required piping spread for the meter installation. Eccentric cam or ball valves shall be installed on each side of the meter. Meter spread dimensions which include the threaded coupling lengths are as follows: Neptune T-10 Meter Meter -Type of End Threads per Inch ***Meter Size Soread 5/8" x 3/4" 12-3/4" *Male - Threaded 11-1/2" 3/4" Long 14-1/4" *Male - Threaded 11-1/2" 1" 16-1/4" *Male - Threaded 11-1/2" 1-1/2" 13-1/4" **Flanged to Flange N/A 2" 17-1/4" **Flanged to Flange N/A *Meters are provided with couplings, the meter spread dimension includes the threaded coupling lengths and the1/8" gasket. **The meter flanges shall be given to the developer's plumber to install. The Meter spread dimension does not include the 1/8" gasket dimension. The spacing between the flanges shall be in accordance with the Neptune T -10 Meter Spread requirement. ***Refer to the Schlumberger water meter specifications regarding additional installation specifications for the Neptune T-1 0 water meter. H:\Reviews\Chicago Suburban\CSU-2009-41-24\Soltball Field Development Review CJME_04-27-09.doc Page 3 of 4 Mr. Jeff Ende October 15, 2009 Page 7 4. Illinois American will own and maintain all meter vaults where the meter size is 2" or less. ILAWC shall own, operate and maintain the water meter vault, which will be located at the property line on the park parcel. If the vault is not in an existing easement, an exclusive 15 ft. x 15 ft. wide easement shall be dedicated to I LAWC for the meter vault installation. Enclosed is ILAWC standard form of easement. Should the development utilize a plat of subdivision, the easement language shall be affixed to the plat before recording. The plat shall show all existing and proposed easements. If a plat is not used, the easements are to be granted using ILAWC's Easement and Right-of-Way Agreement. The developer shall have the easement document recorded by the County prior to final acceptance of these facilities by ILAWC. A copy of the preliminary and final subdivision plat shall be submitted for review and approval. H:\Reviews\Chlcago Suburban\CSU-2009-41-24\Soflball Field Development Review CJME_04-27 -09.doc Page 4 of 4 Mr. Jeff Ende October 15, 2009 Page 8 EXHIBIT B EASEMENT THE NORTH 66 FEET OF THE FOllOWING DESCRIBED PREMISES: BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTH EAST % OF SECTION 26, 600 FEET NORTH OF THE SOUTH LINE OF SAID SOUTH EAST %; THENCE NORTH 198.53 FEET; THENCE WEST 682.75 FEET MORE OR lESS TO A POINT ON THE EAST LINE OF THE WEST 635 FEET OF THE EAST % OF THE SOUTH EAST % OF SAID SECTION 26,794.63 FEET NORTH OF THE SOUTH LINE OF SAID SOUTH EAST %; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 635 FEET OF THE EAST % OF THE SOUTH EAST % TO A POINT THAT IS 600 FEET NORTH OF THE SOUTH LINE OF SAID SOUTH EAST %; THENCE EAST ALONG A LINE THAT IS 600 FEET NORTH OF SAID SOUTH EAST % TO THE POINT OF BEGINNING, See Grant of Easement recorded October 10, 1963, as document 18938312. Mr. Jeff Ende October 15, 2009 Page 9 EXHIBIT C SITE PLAN Mr. Jeff Ende October 15, 2009 Page 10 EASEMENT I 010 ~! <I ---- ~ i i ! i ~II c::!1 ;;~ !~ 1-- ~ fif ~ rl a. !:D r!!i i.... ~. LF " j ! I fI-f- Z rf r I flUi I i rJ ~im~ Design Plan --- ~ . II. . . ..... Softball Field Development River Trails Pari< District Mount Prospect, Inlnols an; B....- DeIIp GnIap, LLC ~.-...... ........ ...................... -=-.:==-~- . .. 1 1M., __ I 1M.., ....,... I) - ........- 8clIII:1-."