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R-449-96 08/26/96RESOLUTION 7 WHEREAS, The University of Illinois seeks to enter into a License Agreement with the Village of Lemont for the express purpose of constructing and operating two air monitoring sites; and WHEREAS, The project is sponsored by the Illinois Department of Transportation through a research grant to the Illinois State Water Survey, administered through the University of Illinois; and WHEREAS, The purpose of the research is to study the road salt emission resulting from the construction of Route 340 (I -355 North -South Tollway Extension). NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached License Agreement be approved. 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 2 1.+i, day of August , 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Approved by me this 2 (' day of ( Attest: AYES NAYS PASSED ABSENT v CHARLENE SMOLLEN, Village Clerk August , 1996. HARLENE SMOLLEN, Village Clerk ■ A. WA `f ESKI, Village President LICENSE The Village of Lemont, Illinois (Licensor) hereby grants to the Board of Trustees of the University of Illinois (Licensee) a non - exclusive license to use a portion of the Licensor's property for the express purpose of constructing and operating two air monitoring sites. The project is sponsored by the Illinois Department of Transportation through a research grant to the Illinois State Water Survey. Grants and contracts with the Water Survey are administered through the University of Illinois. The purpose of the research is to study the road salt emission resulting from the construction of Route 340. 1. The two sites will be located in the area just north of the I &M Canal tow path, between the tow path and the railroad tracks, at 7 (seven) tenths and 5 (five) tenths miles, respectively, west of where the Lemont Road bridge crosses the I &M Canal. With respect to where the Route 340 bridge is to be constructed across the canal, the sites are 250 (two hundred fifty) feet and 3 (three) tenths miles to the east, respectively. A map showing locations of the sampling sites, copied from the Romeoville Quadrangle 7.5 minute series topographic map produced by the United States Geological Survey, is attached as an exhibit of this license. The site locations are labeled 'A' and 'B' on the map. It is agreed that the Licensor will level an approximately 17' (seventeen feet) by 18' (eighteen feet) area at each of the site locations. The Licensee will place a 6' (six feet) high chain link fence around each site. The Licensee will erect a 20' (twenty feet) high meteorological tower and place a portable equipment deck within the fenced area. Electrical service will be installed which will require a utility pole to be placed within the fenced area. The Licensor agrees to allow the Licensee, and subcontractors of the Licensee, vehicular access to the tow path trail for the purposes of site construction, maintenance of equipment, and routine tasks related to the aerosol sampling tasks. 1 The Licensee agrees to provide the Village with the results of this study to assess the significance of the road salt emitted as a consequence of the construction of the new highway and bridge. 2. The term of this license shall be for a period commencing upon execution and expiring June 30, 2000 unless sooner terminated by either party as provided in clause 12 (twelve). This agreement is subject to the appropriation process of the State of Illinois. As such, this agreement may be terminated, without prejudice, by the Licensee if funds are not available or allocated for this project. 3. Licensee agrees, at its cost and expense, to take all necessary precautions to protect Licensor's property, both real and personal, both on and adjacent to the property, subject to this license. Licensee shall exercise its privileges hereunder at its own risk. 4. Licensee agrees to maintain the condition of the property subject to this license in a safe and reasonable manner and agrees to restrict its activities in such a way as to not cause a loss in the normal use of the adjacent property. 5. Upon termination of this license, Licensee agrees that it will return the subject property, as near as practical to its original condition. This includes the removal of all equipment, fences, towers, utility poles, and electrical wiring. In the event that the Licensor desires the utility poles and/or fences to be left in place following the termination of the license they will be donated to the Village at no cost. After removal of equipment and construction materials the sites will be seeded with grass or wild flowers in coordination with Village plans for beautification of the area. 2 6. The grant of this license shall in no way restrict the Licensor's right to the access or use of this property. The property rights of the Licensor remain paramount to the rights granted to the Licensee. This license is personal to the Licensee and is not assignable nor is it a covenant running with the land. 7. The Board of Trustees of the University of Illinois is an Agency of the State of Illinois, and as such, it is self - insured. All unsettled claims for damages shall be resolved using the procedures established for the Illinois Court of Claims. 8. If a subcontractor is retained for any portion of the work done on the property, said subcontractor shall first show proof of insurance in an amount that is reasonable and customary for the subcontractor's business. 9. It shall be the sole duty of the Licensee to obtain any and all permits, variances, and to strictly observe applicable laws of any governmental authority that has jurisdiction. 10. Pursuant to Sections 10.1 and 10.2 of the Illinois Purchasing Act, the Licensor certifies that the Licensor and its agents have not been convicted under the laws of any state of bribery or attempted bribery of an officer or employee of any state or made admission of guilt of such conduct that is a matter of record and that Licensor and its agents have not been barred from being awarded a contract or subcontract with an Agency of the State of Illinois under these Sections of the Illinois Purchasing Act. 11. Pursuant to state and federal tax regulations, Licensor certifies that Licensor is doing business as a Municipal Corporation and that 36- 6005968 is the correct Federal Taxpayer Identification Number (FTIN) for the Licensor's business entity. 12. This license may be terminated by either party by giving thirty (30) days written notice of such termination to the other party. Because of the nature of the Licensee's activities, upon termination of this license, the Licensee shall be allowed a reasonable 3 amount of time to conclude any ongoing experiments, to remove equipment and to restore the condition of the land. Upon termination, it is the Licensee's obligation to return the property to the condition as described in clause 5 (five) of this agreement. 13. All notices to Licensor shall be sent to : Ms. Dana Jenkins, MCP Community Development Director Village of Lemont 418 Main Street Lemont, IL 60439 All notices to Licensee shall be sent to: The Board of Trustees University of Illinois 506 S Wright Street Urbana, Illinois 61801 4 14. The above agreement constitutes the entirety of the non - exclusive license and is hereby accepted by both parties. Licensor: by by Licensee: The Board of Trustees of the University of Illinois ,677,-: Mr. Richard A. Kwasneski, Mayor Comptroller Village of Lemont Date 7 oA Date g, 7..(0 Ms. Charlene M. Smollen Secretary Lemont Village Clerk Date -7/(°Y %6 Date 2 .7-to -9 G 5 Appr ved: Date Acting Chief Illinois State Water Survey b egal Counsel ( Date ;I • 6-75ZeL: I - 71- - ISraire Tr c--Ni I i, • • --A (' 4616 OR'(PRE: V 2•00 • 4 0/ 4613 4612 • 0 rr• c6r