R-59-07 Ext. Lease Agr. #5431 w/ IL Dep. Natural Res. for I&M Canal PropertyRESOLUTION A -5j 1 -o7
RESOLUTION AUTHORIZING EXECUTION OF EXTENSION OF
LEASE AGREEMENT NO. 5431 WITH ILLINOIS DEPARTMENT OF
NATURAL RESOURCES FOR I & M CANAL PROPERTY
WHEREAS, the Village of Lemont desires to extend Lease Agreement No. 5431 with the
Illinois Department of Natural Resources for lease of I & M Canal property from October 1, 2007
through September 30, 2012; and
WHEREAS, the document attached hereto as Exhibit A outlines the terms and conditions
of the Lease Agreement between the Village of Lemont and the Illinois Department of Natural
Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES that the Village President is hereby authorized to execute the Lease Agreement No.
5431with the Illinois Department of Natural Resources for I & M Canal Property, attached hereto
as Exhibit A.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS,
on this 27th day of August , 2007.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
V
U
v
CHARLENE SMOLLEN, Village Clerk
Illinois Department of
Natural Resources
One Natural Resources Way • Springfield, Illinois 62702 -1271
http://dnr.state.il.us
Village of Lemont
Attn: Gary Holmes
418 Main Street
Lemont, Illinois 60439 -3788
Dear Mr. Holmes:
August 3, 2007
■
Rod R. Blagojevich, Governor
Sam Flood, Acting Director
^
Re: Illinois and Michigan Canal
Lease No. 5431
A renewal has been prepared which will extend your Lease Agreement No. 5431 for a parcel of land at
Illinois and Michigan Canal. Please have all three copies of the lease agreement signed by an authorized
official of Village of Lemont and complete the Signature Authorization Form attached to the agreement
as Exhibit A.
Please provide your phone number and emergency information in paragraph 16 of the lease, and enter
FEIN Number in the space provided. Also, on the attached Exhibit C, please complete Paragraph V and
sign the enclosed Certifications form as required by State law.
Return all to the Department of Natural Resources, Division of Concessions, Leases & Services, One
Natural Resources Way, Springfield, IL 62702 -1271. Once the signed agreements have been received
and approved, a fully executed agreement will be returned to you.
If you have any questions regarding the enclosed agreement, please contact this office at 217/782 -0179.
Enclosures
cc: Dan Bell, Site Superintendent
Cover Letter for signature-- renewal.doc
Sincerely,
Z4/-4/gL.,..)
Patrick Johnson
Division of Concessions, Leases & Services
Printed on recycled and recyclable paper
Agreement Number: 5431
Site Name: Illinois and Michigan Canal
Location Code: 50- 3021 -2
STATE OF ILLINOIS
DEPARTMENT OF NATURAL RESOURCES
LEASE AGREEMENT
THIS AGREEMENT is entered into by and between the STATE OF ILLINOIS, DEPARTMENT
OF NATURAL RESOURCES, hereinafter referred to as "IDNR ", and VILLAGE OF LEMONT,
hereinafter referred to as "LESSEE ";
WITNESSETH:
WHEREAS, IDNR has jurisdiction over the real estate hereinafter described; and
WHEREAS, the property herein described is not otherwise needed immediately or in the near
future for development by IDNR; and
WHEREAS, both parties understand that the transfer or assignment of this Agreement in any
manner, by operation of law or otherwise, or the subletting of the subject property may not be
accomplished without the written consent of IDNR; and
WHEREAS, IDNR is authorized to enter into this Agreement pursuant to and under the Statutory
authority of 20 ILCS 805/805 -235; and
WHEREAS, LESSEE is authorized and empowered to enter into this Agreement and to perform
the covenants and promises herein made and undertaken by virtue of the signature authorization attached
hereto as Exhibit A:
NOW THEREFORE:
For and in consideration of the mutual covenants and undertakings herein contained, and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, IDNR hereby leases
to LESSEE the IDNR land shown on the attached Exhibit B and hereinafter designated the PREMISES,
which is legally described as follows:
Two tracts of land consisting of portions of the entire Right and Left Reserves of the Illinois and
Michigan Canal, being described more particularly as follows:
TRACT #1
A portion of the entire width of the Right (North) Reserve of the Illinois and Michigan Canal,
beginning at a line in said Right Reserve at the East boundary of the existing bridge crossing, said
line being opposite Canal Base Line Station 1233 +40; thence extending northeasterly to the
County Line of Cook County;
TRACT #2
A portion of the entire width of the Left (South) Reserve of the Illinois and Michigan Canal,
beginning at a line in said Left Reserve at the East boundary of the existing bridge crossing, said
line being opposite Canal Base Line Station 1233 +40; thence extending northeasterly to the
County Line of Cook County;
All located in the NE1/4 of Section 25, T -37 -N, R -10 -E of the Third Principal Meridian, DuPage
Township, Will County, Illinois.
It is understood and agreed that IDNR is not making any representations with respect to the
condition of the title or boundaries of the PREMISES, and, accordingly, IDNR shall not be held liable for
any damages or liabilities resulting from any actions, legal or otherwise, that arise because of any adverse
claims concerning the title or boundary of the PREMISES.
The term of this Agreement shall be for a period of five (5) years, beginning on the 1st day of
October, 2007, and ending on the 30th day of September, 2012, unless otherwise renewed, terminated or
revoked as provided for herein.
In consideration of the recreational opportunities to be derived by the People of Illinois and the
mutual benefits accruing to each party under this Agreement, LESSEE shall not be charged a lease fee for
the use of the PREMISES authorized herein.
IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. PURPOSE: LESSEE shall use and occupy the PREMISES for operation and management of
a pedestrian and bicycle trail only, it being specifically understood that the PREMISES shall not be used
for the burning of refuse, deposition of debris or other material, or for any unsanitary or unhealthful
purposes by LESSEE in the use or occupancy of the PREMISES. Any other uses of the PREMISES, and
all plans in connection herewith, shall be subject to the prior written approval of IDNR. An unauthorized
or impermissible use of the PREMISES shall be deemed to be a material breach of this Agreement.
2. ALTERATIONS: LESSEE shall in no way alter or modify any existing structure(s) located
on the PREMISES, nor shall LESSEE modify the land within the PREMISES, except for ongoing tillage
and cultivation, without the prior express written consent of IDNR. If LESSEE wishes to make any such
alterations and/or modifications, LESSEE shall first contact IDNR's Division of Planning to ensure
compliance with applicable statutes and regulations including, but not limited to, consultation
requirements of the Illinois Endangered Species Protection Act, 520 ILCS 10/11, and the consultation,
mitigation and compensation provisions of the Interagency Wetland Policy Act of 1989, 20 ILCS 830/1 -1
et seq., and with the State Agency Historic Resources Protection Act. Nothing herein contained shall be
construed to mean that IDNR shall be responsible for compliance with all applicable State or Federal
statutes and regulations; that responsibility shall remain with LESSEE.
LESSEE shall not, in any manner, obstruct the programs of IDNR. It is understood and agreed
that IDNR reserves the right to require LESSEE to remove, relocate or modify any structures,
improvements or facilities upon, under or across the PREMISES, at LESSEE's sole expense, if IDNR
determines, in its sole discretion, that such actions are appropriate and necessary to preserve the integrity,
character, function or use of the PREMISES.
3. UTILITIES AND MAINTENANCE: Maintenance of the PREMISES shall be the sole
responsibility of LESSEE. If LESSEE fails or refuses to perform any maintenance function on the
PREMISES within ten (10) days after having been notified by IDNR to do so, IDNR shall have the right
to enter upon the PREMISES and perform such maintenance and charge LESSEE for the cost thereof.
3
Unless otherwise specified herein, LESSEF shall be responsible for the prompt payment of all utility bills
incurred within the PREMISES.
4. INSPECTION AND REPAIRS: IDNR makes no representations, warranties (expressed or
implied) or assurances with respect to the condition of any improvements situated on the PREMISES or
the PREMISES themselves. LESSEE accepts the PREMISES and all improvements thereon "as is" and
in their present condition. It is further understood and agreed that LESSEE has sufficiently inspected the
PREMISES, prior to the execution of this Agreement, made an independent assessment of the
environmental and other conditions of the PREMISES, and accepts the same in its present condition.
Any environmental claims which may arise from LESSEE's use shall be the sole responsibility of
LESSEE, who agrees to indemnify and hold harmless IDNR thereon.
5. RESERVED RIGHTS: This Agreement is nonexclusive, and IDNR reserves the right of
ingress, egress and usage of the PREMISES, and the right to grant leases, permits, or rights -of -way in and
to the PREMISES to the extent that they are not incompatible with the uses authorized herein.
6. LAWS AND REGULATIONS: LESSEE, in the use and occupancy of the PREMISES, shall
comply with all applicable requirements of all laws, ordinances, rules and regulations.
7. INDEMNIFICATION: LESSEE will indemnify and hold harmless, protect and defend, at
LESSEE's own cost and expense, IDNR, its property, agents, employees, assigns, successors, transferees,
licensees, invitees, or other persons or property standing in the interest of the State of Illinois, from any
and all risks, suits, damages, expenses or claims due to the negligence of LESSEE or arising in any way
from the granting of this Lease. If this Agreement is with a governmental unit only, it is understood and
agreed that neither party to this Agreement shall be liable for any negligent or wrongful acts either of
commission or omission of the other party unless such liability is imposed by law.
8. TAXES: Upon notice to LESSEE of the amount(s) due, LESSEE shall pay and discharge,
when due and payable, LESSEE's proportionate share of any real estate taxes, assessments, and other
governmental charges which may be levied, assessed or become liens upon the PREMISES or any part
4
thereof, and any taxes and licenses growing out of or in connection with LESSEE's use and operation of
the PREMISES, during the term of this Agreement with respect to any tax year, or any portion thereof;
provided, however, that no law or regulation postponing the date of payment of such taxes, assessments,
or charges until after any termination of this Agreement shall relieve LESSEE of LESSEE's obligation to
make such payment. LESSEE shall, at any time upon request of IDNR, exhibit to IDNR for examination
receipts of payments of all such taxes, assessments and charges.
9. DISCRIMINATION: IDNR and LESSEE shall not discriminate unlawfully on the basis of
race, color, sex, national origin, age or handicap in admission to, or treatment or employment in,
programs or activities.
10. CERTIFICATIONS: LESSEE certifications attached as Exhibit C are incorporated hereto by
reference hereto.
11. ENVIRONMENTAL: LESSEE, except as otherwise herein provided, shall not trim or cut
any trees or shrubs, alter or impede water flowage, apply chemicals, or disturb the terrain in any manner
within the PREMISES without prior approval of IDNR.
12. RESTORATION OF PREMISES: Upon the termination of this Agreement, LESSEE shall
surrender the PREMISES to IDNR in a good condition, save ordinary wear and tear. IDNR reserves the
right to require LESSEE to make such repairs and restorations as it may, in its sole discretion, deem
necessary.
13. TERMINATION: IDNR shall have the right to terminate this Agreement upon giving
LESSEE ninety (90) days' written notice, if IDNR makes a determination that the PREMISES are
required to be used for public purposes which are incompatible with this Agreement. LESSEE agrees to
surrender and restore the PREMISES, and remove all personal property therefrom, prior to the expiration
of said notification period. If this Agreement is terminated under this provision, LESSEE shall not be
liable for any further payments beyond the date of vacating the PREMISES.
5
It is further understood and agreed that IDNR may terminate this Agreement if LESSEE is in
default or in breach of any of the terms of the Agreement, or in the event of LESSEE's bankruptcy or
receivership. In such an event, IDNR shall give LESSEE a written notification of such breach or default,
and LESSEE shall have thirty (30) days to cure the same. If LESSEE fails to cure or remedy the breach
or default within said period of time, IDNR shall have the right to declare this Agreement to be
terminated. Upon such an occurrence, LESSEE shall surrender the PREMISES to IDNR as though the
Agreement had expired at the end of its term, and subject to the provisions of paragraph 12 above. If this
Agreement is terminated as a result of LESSEE's breach or default, LESSEE shall remain liable for all
lease payments called for in this Agreement.
14. PUBLIC SAFETY: Should it be determined by IDNR that a particular use of the
PREMISES by LESSEE is, or will be, hazardous to the public or the property, LESSEE, upon written
notice by IDNR, shall install safety devices or make modifications at LESSEE's sole expense to render
the PREMISES safe for, and compatible with, public use. In the event LESSEE fails to install such safety
devices or make required modifications within thirty (30) days, or, if such modifications cannot be
completed within said time frame, LESSEE fails to begin working expeditiously to render the PREMISES
safe for the public, IDNR may install such safety devices or make such modifications at LESSEE's
expense, and may declare LESSEE to be in breach of this Agreement.
15. RENEWAL AND RATE ADJUSTMENT: This Agreement may be renewed at the end of its
term, providing that sixty (60) days' advance notice to IDNR has been given. However, any renewal shall
be at the express written consent and approval of both parties hereto, and IDNR reserves the right to
adjust rental rates on an annual basis to reflect current land values and/or conditions and circumstances.
No holding over by LESSEE shall operate to renew this Lease.
16. NOTIFICATION: All notices shall be addressed as follows:
6
IDNR:
Department of Natural Resources
Concession and Lease Management
One Natural Resources Way
Springfield, IL 62702 -1271
Telephone: 217/782 -0179
LESSEE:
Village of Lemont
418 Main Street
Lemont, Illinois 60439 -3788
Telephone:630 /257 -1590
Emergency Contact: Dan Bell
Location:
Telephone: 815/942 -9501
Emergency Contact: Gary C. Holmes
Location: Village Hall
Telephone: (630) 257 -1591
17. SUPERSESSION: This Agreement supersedes all previous agreements between the parties
hereto regarding the subject PREMISES and purposes, and any such previous agreements shall be of no
further force or effect, relative to the rights or privileges granted by IDNR therein, as of the effective date
of this Agreement.
18. AMENDMENTS: This Agreement sets forth all agreements between the parties. No
change, modification or amendment shall be valid and binding unless set forth in writing and signed by
IDNR and LESSEE
19. VACATING THE PREMISES: Unless renewal is arranged within sixty (60) days prior to
the expiration of this Agreement, LESSEE, immediately upon such expiration, shall vacate the
PREMISES and remove all property to which LESSEE holds proper title, except that LESSEE shall not
remove any property that is permanently attached to the PREMISES regardless of whether LESSEE holds
proper title except as authorized in writing by IDNR. Should LESSEE fail to remove or dispose of
LESSEE's property, IDNR may consider such property abandoned and may claim proper title to such
property or dispose of same at LESSEE's expense. In addition, at the expiration or termination of this
Agreement, LESSEE shall quit and surrender the PREMISES, including real property improvements, in a
good state of repair.
20. CONTROLLING LAW AND VENUE: This Agreement shall be governed by Illinois Law.
21. FISCAL FUNDING: Financial obligations of IDNR shall cease immediately and without
penalty or liability for damages if in any fiscal year the Illinois General Assembly, Federal funding
source, or other funding source fails to appropriate or otherwise make available funds for the operation of
the state park or other property under the jurisdiction of IDNR referenced above. In such event the parties
7
may agree to suspend the operation and effectiveness of this Agreement until such time as said funds
become available.
22. NONINTERFERENCE AND COOPERATION: LESSEE shall do nothing to interfere with
or prejudice IDNR's right or duty to recover damages or commence action against a third party, and shall
furnish all reasonable assistance and cooperation to IDNR in connection with IDNR's action against such
third party, including without limitation assistance in the prosecution of suit.
23. APPLICABILITY AND SEVERABILITY: IDNR and the LESSEE mutually acknowledge
that various standard provisions of this Agreement may not be pertinent to the proposed purpose, and that
each such provision shall be interpreted as it reasonably pertains to the PREMISES. If any provision of
this Agreement should be found illegal, invalid or void, said provision shall be considered severable. The
remaining provisions shall not be impaired and the Agreement shall be interpreted to the extent possible
to give effect to the parties' intent.
IN WITNESS WHEREOF, the foregoing Agreement is hereby executed this 214^ day of
August
,200'}.
LESSEE:
VILLAGE OF LEMONT
BY:
Title:
Date:
Village Presiden
8/27/07
36- 6005968
FEIN No.
STATE OF ILLINOIS
DEPARTMENT OF NATURAL RESOURCES
BY:
Title: Director
Date:
8
Agreement Number: 5431
Site Name: Illinois and Michigan Canal
Location Code: 50- 3021 -2
EXHIBIT A
SIGNATURE AUTHORIZATION
As an official agent of VILLAGE OF LEMONT a Municipal Corporation
I certify that
(Name of executive of official who will sign the agreement)
(Lessee or Licensee - Company / Corporation / Municipality)
John F. Piazza
is an authorized representative of said
organization and is legally empowered to act on its behalf in executing this agreement.
Signed:
(Person affirming signature authority of above official;
must not be the same individual)
Title:
Date:
Village Administrator
8/28/07
ILLINOIS
DEPARTMENT OF
NATURAL RESOURCES
524 South Second Street, Springfield 62701-1787
EXHIBIT B
Jim Edgar, Governor ® Brent Manning, Director
•.ti C.M. l to
bk •
•
Se
� ti ti
': .
44
♦'F
.111,/vt 45e
; .. 0y'�xa' -5 O
a.. ;"0 ,5 Ora
/;.d dot•. Q.f1f' A • .----------- /
4P %, z51o$
I 4-
1 pT,'!,'t
0
400'
SCALE
[printed on recycled and recyclable paper]
IN CASE OF CONFLICTS BETWEEN THIS PLAT
AND THE LEGAL DESCRIPTION OF THE
PREMISES GIVIN WITHIN THIS AGREEMENT,
THE DESCRIPTION SHALL GOVERN.
LLINOIS
DEPARTMENT 0
NATURAL
RESOURCES
Exhibit C
CERTIFICATIONS
Contracts, Grants and Other Agreements
Under penalties of perjury, I certify that the name, taxpayer identification number, legal
status and certifications below are correct.
Name: VILLAGE OF LEMONT
Taxpayer Identification Number:*
Social Security Account Number
or
Federal Employer Identification Number
36- 6005968
( *)If you are an individual, enter your name and SSAN as it appears on your Social Security Card. If you are completing
this certification for sole proprietorship, enter the owner's name followed by the name of the business and the owner's
SSAN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.
Legal Status (Check one):
❑ Individual
❑ Owner of Sole Proprietorship
❑ Partnership
❑ Tax - exempt hospital or extended care facility
❑ Corporation providing or billing
medical and /or health care services
❑ Corporation NOT providing or
billing medical and /or health care service
❑ Governmental Entity
❑ Nonresident alien individual
❑ Estate or legal trust
❑ Foreign corporation, partnership,
estate, or trust
❑ Other:
Hereinafter the term "Contractor" shall be used to refer to the individual or entity entering into the Contract,
Grant, or Other Agreement with the Department of Natural Resources and certifying the truth of the
information contained herein. Certifications hereunder are applicable to the extent they are required of
Contractor by law. Contractor certifies that:
i. It has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois
or any other State, nor has made an admission on the record of having so bribed or attempted to
bribe. (30 ILCS 500/50 -5)
II. It has not been convicted of a felony, or that it has been at least 5 years since the date of completion
of any sentence for a felony conviction. If Contractor is not an individual, Contractor certifies no
person held responsible by a prosecutorial office for the facts upon which the felony conviction was
based continues to have involvement with the Contractor. (30 ILCS 500/50 -10)
III. In accordance with 30 ILCS 500/50 -10.5 that no officer, director, partner, or other managerial agent of
Contractor, has been convicted of a felony under the Sarbanes -Oxley Act of 2002, or a Class 3 or 2
felony under the Illinois Securities Law of 1953, for a period of 5 years prior to the date of the bid or
contract. Contractor acknowledges that the Department of Natural Resources shall declare the
contract void if this certification is false.
IV. It, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500/ 50 -11 and 50 -12.
Contractor further acknowledges that the Department of Natural Resources may declare the contract
void if the preceding certification is false or if the contractor, or any affiliate, is determined to be
delinquent in the payment of any debt to the State during the term of the contract.
V. In accordance with 30 ILCS 500/50 -14 that the bidder or contractor is not barred from being awarded
a contract under this Section. The contractor acknowledges that the Department of Natural
Resources may declare the contract void if this certification is false.
1
payable from the "contractual services" or other appropriation line items. Contractor certifies he /she
has not received an early retirement incentive in or after 2002 under Section 14 -108.3 or 16 -133.3 of
the Illinois Pension Code, 40 ILCS 5/14 -108.3 and 40 ILCS 5/16- 133.3, and acknowledges that
contracts in violation of Section 15a of the State Finance Act are not payable from the "contractual
services" or other appropriation line items. (30 ILCS 105/15a).
XVI. It is not in default on an educational loan. (5 ILCS 385/3). [A partnership shall be considered barred if
any partner is in default on an educational loan.]
XVII. It has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any
State or of the United States. (720 ILCS 5/33E -3, 720 ILCS 5/33E -4)
XVIII. It does not pay dues to, or reimburse or subsidize payments by its employees for, any dues or fees to
any "discriminatory club ". (775 ILCS 25/2).
XIX. It complies with the Illinois Human Rights Act and rules applicable to public contracts, including equal
employment opportunity, refraining . from unlawful discrimination, and having written sexual
harassment policies. (775 ILCS 5/2 -105)
XX. It, its employees and subcontractors comply with applicable provisions of the Illinois Human Rights
Act (775 ILCS 5/1 -101 et seq.), the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, the Americans with Disabilities Act of 1990 (42 U.S.C. §12101) and applicable rules in
performance under this Contract.
XXI. It shall be required, if applicable, to observe and comply with provisions of the Prevailing Wage Act,
which applies to the wages of laborers, mechanics and other workers employed in any public works,
and with the prevailing wage requirements of the Illinois Procurement Code. (820 ILCS 130/4, 30
ILCS 500/25 -60).
XXI I. If applicable, that any steel products used or supplied in accordance with a Contract for a public works
project shall be manufactured or produced in the Unites States, in compliance with the Steel Products
Procurement Act. (30 ILCS 565/1)
XXIII. This agreement is in compliance with the requirements of the Corporate Accountability for Tax
Expenditures Act, if applicable. (20 ILCS 715/1 et seq.).
XXIV. it warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will
comply with Executive Order No. 1 (2007). The Order generally prohibits vendors and subcontractors
from hiring the then - serving Governor's family members to lobby procurement activities of the State,
or any other unit of government in Illinois including local governments, if that procurement may result
in a contract valued at over $25,000. This prohibition also applies to hiring for that same purpose any
former State employee who had procurement authority at any time during the one -year period
preceding the procurement lobbying activity.
The undersigned acknowledges and agrees that each of the certifications or amendments shall be
incorporated into and made a part of the invitation for bids, request for proposals, agreement, contract,
amendment, renewal or other similar document to which these certifications are attached.
CONTRACTOR:
( " ") Department of Human Rights Public Contract Number. Each
BY: Contractor having 15 or more employees must have a current Public
Contract number or proof of having submitted a completed application.
Application forms may be obtained by contacting the Department of
TITLE: Human Rights, Public Contracts Section, 100 W. Randolph, 10"' Floor,
Chicago, Illinois 60601 or calling 312/814 -2432 (TDD 312/263- 1579). In
DHR Public the space provided, show your Public Contract Number or, if not
available, the date a completed application for the number was
Contract Number* *: submitted. Contractors with less than 15 employees may indicate not
applicable ".
Form approved by IDNR Legal Counsel March 2007
3