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R-46-08 07/14/2008RESOLUTION�� DI yrlc\ vin ,vo y � RESOLUTION APPROVING TEMPORARY CONSTRUCTION AND PERMANENT STORM WATER AND DRAINAGE EASEMENT FROM ST. MATTHEW EVANGELICAL LUTHERAN CHURCH WHEREAS, the Village seeks to acquire a temporary construction and permanent storm water and drainage easement from St. Matthew Evangelical Lutheran Church in conjunction with the construction of a new Police facility at 14574 127th Street; and WHEREAS, the Document attached hereto as Exhibit A outlines the terms and conditions of the Grant of Easement, and additional conditions agreed to by the parties. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont as follows: Section 1. That the Village President is hereby authorized to execute the Document attached hereto on behalf of the Village of Lemont; and Section 2. That the Easement Agreement with St. Matthew Evangelical Lutheran Church and the terms and conditions outlined therein are hereby 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 14th day of July , 2008. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT 1/ v v vi r.e CHARLENE SMOLLEN, Village Clerk This document prepared by and after recording should be mailed to: James E. Olguin, Esq. Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527 -0860 (The Above Space For Recorder's Use Only) TEMPORARY CONSTRUCTION AND PERMANENT STORM WATER AND DRAINAGE EASEMENT THIS TEMPORARY CONSTRUCTION AND PERMANENT STORM WATER AND DRAINAGE EASEMENT (this "Agreement ") is made and entered into this day of July_, 2008, by and between the Village of Lemont, an Illinois municipal corporation (the "Village ") and St. Matthew Evangelical Lutheran Church of Lemont (the "Grantor"). WIT NESSETH: A. Grantor is the owner of that certain parcel of land located in Cook County, Illinois, having the PIN of and legally described on Exhibit "A" attached hereto and made a part hereof (the "Church Property"). B. The Village is the owner of a contiguous parcel of land legally described on Exhibit "B" attached hereto and made a part hereof (the "Village Property "). C. The Village is in the process of development and construction of a Village Police Station, and has agreed to construct its storm water detention facility to accommodate the Village storm water detention and the future development of Grantor's property. The Village further desires an easement over and across a portion of the Church Property for the purpose of constructing a storm sewer line (the "Sewer Line ") and Grantor desires to grant to the Village such easement. E. Grantor desires to grant to the Village, and the Village desires to receive from the Grantor a Temporary Construction Easement, in, to, on, over, under and through a portion of the Church Property for the limited purpose of constructing the detention basin and storm sewer system on Church Property as shown on the attached Exhibit "C." 1 Grantor desires to grant to the Village, and the Village desires to receive from the Grantor, a Permanent Easement•forthe storm water system from Village's Property line to the proposed storm water detention basin. Grantor desires to grant and the Village agrees to accept ownership of the ;detention facility after completion, and shall be responsible for the construction and Maintenance of the facility and any required permits. NOW, THEREFORE, in consideration of the foregoing: , Recitals Incorporated by Reference. The Recitals to this Agreement are incorporated herein as if they had been set forth in the text of this Agreement, and the agreement and understanding of the parties. Grant of Temporary Construction Grading and Drainage and Maintenance Easement. Grantor hereby grants, gives and conveys a temporary, non - exclusive. easement (the 'Temporary Construction Easement") in, on, over, through and across that portion of the Church Property for the purpose of constructing a storm sewer piping system and: storm water detention system as.shown on the Exhibit C. After completion of the storm sewers and detention facility, the Village will grade the Church; Property in accordance with engineering Plans approved by the Grantor and the Village. Grant of Permanent Viilage Easement. Grantorherebygrants,givesand conveys a permanent, non-e usive easement (the 'Permanent Easement") to ff the Village and its contractors, agents, employees, representatives, successors, transferees, and assigns (each such person, being a "Grantee ", hereunder, for purposes of the Permanent Easement), in, on, over, through and across a portion of the Church Property for purposes of constructing storm sewer and drainage improvements as shown on the :attached Exhibit iii" ("Easement Premises") , and further to allow Village the right to inspect, maintain repair, replace and :renew the storm sewer system and allow ingress, egress,. and maintenance to permit Village to accomplish the • foregoing and enforce its,. rights• under this Agreement. Conveyance of Detention Facility. After construc ion of the detention facility and storm sewer system,, the 'Village shall accept and the Grantor shall convey by Warranty Deed ownership in the detention facility and continue to use the same for a detention facility, into perpetuity. The size and 'location of the detention facility shall be, substantially similar to those. certain "Enoineerina Plans" prepared by W4 ifir4l:rnr ►wK and dated 7,11 0(1.11444 , with a last revision date of1.114 and incorporated herein by reference. in the event the detention facility is. no I ger used by the Village for detention purposes, the Grantor shall have the op i , but not,the obligatioin, to acquire ownership of the detention parcel. 2 11401. 1h POWY4. Alovir ome, I% 1)01 flown so ;A S VAppr o rflitfmtrAr46 i J »104 SAS INitr %EEO 5. Cost Sharing of Detention Facility. The Village will be solely responsible for the construction of the detention facility and storm sewer system. The cost of the detention facility shall be allocated in the following manner: eighty percent (80%) to the Grantor and twenty percent (20%) to the Village. The cost of the detention facility and Storm sewer system connecting the facility shall be included in the improvement cost to be allocated between the Village and Grantor. 6. Grantor's Payment of Construction Cost. After completion. of the detention facility and acceptance by the Village of Lemont, the Grantor shall pay its proportionate share of the detention facility and storm sewer system over a ten (10) year petiod. The total cost of construction shall be divided in ten (10) equal annual installments commencing one (1) year from the date of completion with no interest, except that in the event Grantor sells any portion of the Church Property, the entire balance remaining shall be due and payable, 7. Additional Studies. Grantor hereby agrees to fund and pay for any costs in connection with drain tile studies or any other studies Including wetland and flood plain delineation that Grantor may request. Lut taakt tortiz4V4 8. Shared Driveway Access on 127,,, Street. The Village agrees to cants be in ct and maintain a shared access to accommodate the Village Police Station and the proposed development by the Grantor. The shared access drive 11 substantial conformance with the plans and drawings prepared by and dated VtigootS , with a last revision date of 3.101) '05 and incorporated herein by reference. vivo wc. icomovvi 4 9. Shared Parking. The Parties agree th t as part of the consideration for entering into this Agreement, the Village shall co truct and rnaintaintio parking spaces in ,,. accordance with the plans prepared by and dated 3.1.4.-015 , with a last revision date of1-26.o 6 and incorporated herein by reference. The Village shall be granted a perpetual easement for public use of the shared parking area until such time as it no longer owns the Village Property. 10. Conveyance of Village Property. The Parties agree that as part of the consideration for entering into this Agreement, the Village shall convey ownership that portion of the Village Property located west of the shared driveway access to Grantor at such time as the shared driveway construction is completed. Prior to conveyance, the Village may create and establish a public utility and drainage easement over the conveyance ProOertY- 11. Waiver of Permit Fees. The Parties agree that as part of the consideration for entering into this Agreement, the Village shall waive those building permit and review fees that are applicable to the Grantors contemplated development of the Church Property. Notwithstanding anything contained herein to the contrary, the Village shall not be required to waive its right to reimbursement of professional review charges or that portion of any permits fees that are allocated to other govemmental entities. In addition, Grantor's right to a waiver of the permit fees is non - transferable and only applicable in the event the Church Property is developed for church related uses. 12. Covenants Run with Land. All provisions of the Agreement, including the benefits and burdens, shall run with the land and are binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of, or interest or estate in, the Church Property and the Village Property. The terms 'Village" and "Grantor" as used herein shall be deemed to include any and all successors, grantees and assigns of the undersigned parties, as well as future successors, grantees and assignees of any portion or subdivision of the Church Property or the Village Property, and their respective successors, grantees and assigns. 13. Indemnification and Release of Claims. Village shall: (a) assume sole and entire responsibility for any and all loss of life, injury to persons or damage to property that may be sustained due to the activities, operations or use of the Church Property by Village, its agents, employees and contractors, and those claiming by, through or under Village; and (b) indemnify, defend and hold harmless Grantor, and its respective officers, directors, employees, agents, contractors and invitees from and against any and all liability, loss, claims and expenses (including reasonable attomeys' fees) that are due to activities, operations or use of the Church Property by the Village. 14. Amendments and Additional Documents. This Agreement contains the entire agreement between the parties relating to the grant of easements over, under, through and across the Easement Premises. Upon termination of the Temporary Construction Easement in accordance with Section 2 thereof; the parties shall execute and record an acknowledgment of same. The parties further agree to promptly execute and deliver: (a) such further documents as may be reasonably requested by the other party in order to more fully effectuate the terms and provisions of this Agreement; and (b) any modification, amendment, estoppel or supplement to this Agreement requested by any lender providing financing or refinancing for the acquisition, construction, maintenance, alteration, restoration or repair of any improvements made to the Village Property, the Church Property, or any part thereof, so long as such modifications, releases, amendments, estoppels or supplements are reasonable and do not materially and adversely affect the duties, obligations, rights and privileges created hereunder. 15. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered on the first day following delivery to an overnight courier service or on the third day after deposit in 4 the U.S. Mail as registered or certified mail, return receipt requested, postage prepaid, as follows: Grantor: With copy to: The Village: With copy to: St. Matthew Evangelical Lutheran Church of Lemont 305 Lemont Street Lemont, Illinois 60439 Richard J. Skrodzki, Esq. Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527 -0860 Village of Lemont 418 Main Street Lemont, Illinois 60439 John P. Antonopoulos, Esq. Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, Illinois 60439 Addressees and addresses may be changed by the parties by notice given in accordance with the provisions hereof. 16. Governing Law. This Agreement and the obligation of the parties hereunder shall be govemed by and construed in accordance with the laws of the State of Illinois. 17. Enforcement. If any party hereto shall default in the performance of an obligation under this Agreement or otherwise breach a provision of this Agreement (such party being herein called the "Defaulting Party"), the other party (the "Enforcing Party") shall be entitled to obtain an order specifically enforcing the performance of that obligation or any injunction prohibiting that breach. The foregoing shall be in addition to all other remedies that may be available to the Enforcing Party at law or in equity. In any action between the parties concerning this Agreement, the prevailing party shall be reimbursed by the other party on demand for all costs reasonably incurred by the prevailing party in connection with the action, including, without limitation, reasonable attomeys' fees, court costs and related costs. 18. Non - waiver. Neither the failure nor delay of either party to enforce any violation of, nor to insist upon the strict performance of, any obligation under this Agreement, shall be deemed a waiver by such party of any other future breach. A waiver by either party of a breach of, or a default in, any of the terms of this Agreement by the other party shall not be construed to be a waiver of any subsequent breach of or 5 default in the same or any other provision of this Agreement. No party's exercise of any remedy under this Agreement shall be deemed to be an election of remedies or waiver of any other remedy provided for in this Agreement, or otherwise available at law or in equity. 19. Severability. If any provision of this Agreement or the application of any provision to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement shall remain unaffected and shall be enforced to the fullest extent permitted by law. In addition to the extent possible, any such term or provision shall be deemed modified so that the intention of the parties is maintained to the extent permitted by applicable law. 20. Headings /Exhibits. The Article headings in ths Agreement are for convenience only, and shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. Any reference to an Exhibit in this Agreement shall be deemed to incorporate by reference that exhibit into this Agreement such that it is an integral part of this Agreement. 21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same instrument. 22. Authority. Grantor represents and warrants to the Village that it has full power and authority to execute this Agreement and will obtain the opinion of legal counsel representing Grantor that will confirm that Grantor has the full power and authority to execute this Agreement and made such conveyances as required under its terms. 23. Recording. At the time of execution of this Agreement, certain plans and exhibits have not been finalized. It is the intention of the parties that these exhibits and plans shall be completed in a manner consistent with the terms of this Agreement and in substantial conformance with Wright & Company's "Shared Storm Water Detention Exhibit" dated May 8, 2008. This agreement shall not be recorded until such time as the final plans and exhibits are completed and approved by the parties hereto. [Signatures Appear on the Following Page] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement and affixed their seals as of the day and year first above written. GRANTOR: St. Matthew Evangelical Lutheran Churc of Lemont By. Attest: / /deeTdi< VILLAGE: Village of Lemont, an Illinois m By: cipa rporafion Attes C arlene M. Smollen, Village Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HERE sY -RTIFY that St.,Ma4hek EKancielical Lutheran Church of Lemont, by and mAd44 jytkev , personally known to me to be the same pe • ns whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said St. Matthew Evangelical Lutheran Church of Lemont, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this tQ day of July, 2008. STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that John F. Piazza, Mayor of the Village of Lemont, and Charlene M. Smollen, Village Clerk of said Village, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and Village Clerk, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Village, for the uses and purposes therein set forth; and the said Village Clerk then and there acknowledged that she, as custodian of the corporate seal of said Village, did affix the corporate seal of said Village to said instrument, as her own free and voluntary act and as the free and voluntary act of said Village, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this `G day of July, 2008. 366654.5 8 Notary Public ill OFFICIAL SEAL ROSEMAY YAT!:S NOTARY PUBLIC. STATE 0: I .UNOIS MY COMMISSION MIES 8.73.2012