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R-60-97 Resolution authorizing eecution of an intergovernmental agreementRESOLUTION RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH '1141, ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR LEASE OF THE ILLINOIS & MICHIGAN CANAL NORTH AND SOUTH RESERVE STRIPS FROM THE WILL COUNTY LINE, WEST TO CECO ROAD WHEREAS, the Village of Lemont owns portions of the Illinois & Michigan Canal reserve strips within the confines of Cook County, and WHEREAS, the Village seeks to lease an additional portion of the Illinois & Michigan Canal which is located west of the Will -Cook County Line, to a point terminating at Ceco Road, and WHEREAS, the Illinois Department of Natural Resources has concurred with the Village request and has approved a no cost lease of the property for recreational uses. NOW THEREFORE BE IT RESOLVED THAT the Lease Agreement attached hereto as Exhibit A be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 1'HL VILLAGE OF LEMONT, COUNTIES OF WILL, COOK, AND DU PAGE, ILLINOIS, on this 13th day of October , 1997. Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT (J RLENE SMOLLEN, Village Clerk Approved by me this 13th day of O• o_, 1997. CHARLENE SMOLLEN, Village Clerk ASNESKI, Village President ILLINOIS DEPARTMENT OF NATURAL RESOURCES Illinois & Michigan Canal Administrative Office P. 0. Box 272 Morris, IL. 60450 524 South Second Street, Springfield 62701 -1787 Jim Edgar, Governor • Brent Manning, Director Mr. Steve Jones, Administrator Village of Lemont 418 Main Street Lemont, I1. 60439 -3788 September 25, 1997 Dear Mr. Jones: I have received notification that the Village of Lemonts' request to lease both the north and south canal reserves for approximately 1/2 mile in Will County has been approved. I have enclosed three (3) original lease agreements for your review and signatures. After providing the requested information and signatures, please forward all three (3) agreements to my office. After the documents have been executed by our Director or his designee, a completed and numbered original will be provided to your office. If you have any questions, please do not hesitate to call me directly. Sincerely, Daniel L. Bell Public Service Administrator Illinois & Michigan Canal State Trail DLB:tw Enclosures cc: Dave Carr, Guy Sternberg, File -•- Effective July 1, 1995, the Illinois Department of Natural Resources was created through the consolidation of the Illinois Department of Conservation, Department of Mines and Minerals, Abandoned Mined Lands Reclamation Council, the Department of Transportation's Division of Water Resources, and the Illinois State Museum and Scientific Surveys from the Illinois Department of Energy and Natural Resources. [printed on recycled and recyclable paper] Agreement Number: Site Name: Illinois & 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 the VILLAGE OF LEMONT, ILLINOIS, 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 805/63a6; 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 drrscribed 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 TRACT "A" of IDNR Lease #5034, 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 TRACT "B" of IDNR Lease #5034, said line being opposite Canal Base Line Station 1233 +40; thence extending northeasterly to the County Line of Cook County; All located in the NE' /, 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, 1997, and ending on the 30th day of September, 2002, 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 uses 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 2 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. UTILI PIES 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. Unless otherwise specified herein, LESSEE 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. 3 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. 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 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. 4 10. CERTIFICATIONS: LESSEE certifies compliance with all applicable provisions of the Lease Certifications statement appended to this Agreement: 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. 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 5 compatible with, public use. In the event LESSEE fails to install such safety devices or make required modifications within the aforementioned time frame, 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: IDNR: Department of Natural Resources Concession and Lease Management 524 S. Second Street, Room 610 Springfield, IL 62701 -1787 Telephone: 217/782 -0179 LESSEE: Village of Lemont 418 Main Street Lemont, IL 60439 -3788 Telephone: 630 - 257 -1598 Emergency Contact: Location: I & M Canal Telephone: 815-942-9501 Emergency Contact: Location: Village Administrator Telephone: 630 - 257 -1590 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. 6 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 tide, 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 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. 7 IN WITNESS WHEREOF, the foregoing Agreement is hereby executed this day of ,19 LESSEE: VILLAGE OF LEMONT STATE OF ILLINOIS DEPARTMENT OF NATURAL RESOURCES BY: X BY: Richard A. Kwasneski Village President Date> October 13, 1997 Date: -k 36- 6005968 FEIN # C /ofiice/leases/db091597 lemont.lse 8 ILLINOIS DEPARTMENT OF NATURAL RESOURCES 524 South Second Street, Springfield 62701 -1787 Jim Edgar, Governor • Brent Manning, Director EXHIBIT A SIGNATURE AUTHORIZATION As an official agent of'C Village of Lemont (Lessee or Licensee — Company / Corporation / Municipality) I certify that7t is an authorized representative (Name of executive or official who will sign the agreement) Richard A. Rwasneski, Village President 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) Charlene M. Smollen Title:"c Village Clerk Date: x October 13, 1997 (printed on recycled and recyclable paper] ILLINOIS DEPARTMENT OF NATURAL RESOURCES EXHIBIT B 524 South Second Street, Springfield 62701 -1787 Jim Edgar, Governor • Brent Manning, Director 4Y. tito r• 4 • �p2 '��' ;, Oa 4 °�,� v a c j. ? .. , / a � t p / • % a . \4 + , / A ?;// r/f ie ,''' s - 2119.12 400' SCALE (printed on recycled and recyclable paper] 4. IN CASE OF CONFLICTS BETWEEN THIS PLAT AND THE LEGAL DESCRIPTION OF THE PREMISES GIVIN WITHIN THIS AGREEMENT, THE DESCRIPTION SHALL GOVERN. DEPARTMENT OF NATURAL RESOURCES LEASE CERTIFICATIONS I. The Lessee certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 or 10.3 of the Illinois Purchasing Act (30 ILCS 505/10.1, 30 ILCS 505/10.3). II. The Lessee certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33 -E3 or 33 -E4 of the Criminal Code of 1961 (720 ILCS 5/33E -3, 720 ILCS 5/33E -4). III. The Lessee certifies that it is not in default on an educational loan as provided in Public Act 85 -827 (5 ILCS 385/1) (a partnership shall be considered barred if any partner is in default on an educational loan). IV. The Lessee is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 25/1). V. Legal Status (Check one): ❑ Individual Governmental Entity ❑ Owner of Sole Proprietorship ❑ Nonresident alien individual ❑ Partnership ❑ Estate or legal trust ❑ Tax - exempt hospital or extended care facility ❑ Foreign corporation, partnership, estate, or trust ❑ Corporation providing or billing medical ❑ Other: and/or health care services ❑ Corporation NOT providing or billing medical and/or health care services VI. The Lessee agrees to provide a drug free workplace as provided in the Drug Free Workplace Act (30 ILCS 580/1). VII. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, Lessee does not unlawfully discriminate in employment, contracts, or any other activity. Lessee, its employees and subcontractors. agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act. the Public Works Employment Discrimination Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. The equal employment opportunity clause of the Department of Human Rights' rules is specifically incorporated herein. The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations thereunder (28 CFR 35.130) (ADA) prohibit discrimination against persons with disabilities by the Statevhether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this contract, the Lessee certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the ADA. VIII. Lessee certifies he/she has informed the director of the agency in writing if he/she was formerly employed by that agency and has received an early retirement incentive under Section 40 ILCS 5/14 -108.3 or 40 ILCS 5/16 -133.3 of the Illinois Pension Code. Lessee acknowledges and agrees that if such early retirement incentive was received, this contract is not valid unless the official executing the contract has made the appropriate filing with the Auditor General prior to execution. IX. RETENTION OF RECORDS: Lessee shall maintain, for a minimum of five years after completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; that the contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General pursuant to PA 87 -991; and that the Lessee agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain books, records, and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which adequate books, records, and supporting documentation are not available to support their purported disbursement. X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2- 105(A)(4), Lessee shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Lessee's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6 -101 of the Illinois Human Rights Act. A copy of the policies shall be provided to IDNR upon request. XI. For contracts exceeding $10,000, the Lessee certifies that neither it nor any substantially -owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. The Lessee 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. (Revised 3/97) Approved by DNR Legal Counsel March 14, 1997 guy /c t2.ise ILLINOIS DEPARTMENT OF NATURAL RESOURCES MEMORANDUM to: Site Superintendent 1b t-+- ►3�-�— from: Guy Sternberg (date sent: q/ ' 597 subject: Proposed Legal Agreement (Attached) Sorry about this being a form letter -- that's big government for you! The enclosed legal agreement has been requested for your site or program. Please verify the following, coordinating with regional and district staff as needed: 1. That everything is correct -- names, addresses, legal description, fees, etc.; 2. That any applicable CERP or federal grant requirements have been met; and 3. That there are no anticipated programmatic conflicts with the proposed action; — then forward all copies to the other party (attn: •ct.r6" Sa4v4S ) for signature. Once the agreement has been signed, the entire package should be returned to me for execution and database entry. Please make sure that a check (payable to "Department of Natural Resources ") is included to cover the first payment due, if any - -- (amount due now = $ t.)12" ). A completed and numbered original will be provided for the other party once the documents have been executed by the Director or his designee. Our own originals will be retained in a numbered file in the Department's document records here in this office. You should feel free to make a duplicate reference photocopy for your own files at that time, if you wish, or you may obtain a copy at any time by requesting it (by number) from our office at 217 - 782 -0179. If you have any questions or corrections, please call me directly at 217 - 785 -1188 or contact our general office line listed above. Thanks for your assistance!