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R-36-08 06/09/2008RESOLUTION RESOLUTION AUTHORIZING LEASE AGREEMENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR PROPERTY LOCATED UNDER STATE STREET HIGH RISE BRIDGE WHEREAS, The Village of Lemont utilizes IDOT property for commuter parking purposes; and WHEREAS, the Village has requested a lease agreement with IDOT for use of the property for commuter parking purposes; and WHEREAS, ID OT has agreed to lease property for the period August 1, 2008 through July 31, 2013 at the lease rate of $3,600.00 annually. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the Lease Agreement attached hereto as Exhibit A is 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 9th day of June , 2008. AYES NAYS PASSED ABSENT Debby Blatzer V Peter Coules V Clifford Miklos Brian Reaves V Ronald Stapleton V Jeanette Virgilio CHARLENE SMOLL N, Village Clerk JOHN F. IAZZA, Villag Illinois Department of Transportation Division of Highways /Region One / District One 201 West Center Court/Schaumburg, Illinois 60196 -1096 BUREAU OF LAND ACQUISITION Route: Lemont Road (Bridge) Location: Underneath and adjacent to the South End of the Lemont Bridge County: Cook Parcel: OLP0041 April 21, 2008 Village of Lemont Assistant Village Administrator 418 Main Street Lemont, IL 60439 -3788 Dear Sir: Enclosed are three (3) copies of your new lease agreement with the Illinois Department of Transportation for the above mentioned parcel. The lease period is from August 1st, 2008 through July 31st, 2013 and the rental rate is $3,600.00 per year. Please sign two (2) copies of the lease agreement and have both copies notarized before returning them to the Department. A fully executed copy will be forwarded to you when the proper signatures have been obtained from our Springfield headquarters. If you have any questions or need additional information, please contact Charles Messina, at (847) 705 -4336. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer By: John F ann, P.E. Acting Bureau Chief of Land Acquisition S:1Mgr I \Gen\ WPlproperty management\Lease Agreement\pr080328a.doc Route: Lemont Rd (Bridge) Job No. R -90- 999 -90 County: Cook Parcel No.:OLP0041 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS LEASE AGREEMENT This agreement is made on May 15, 2008 between the State of Illinois, Department of Transportation, LESSOR, and Village of Lemont whose address is 418 Main Street of the Village of Lemont in the State of Illinois, 60439 LESSEE. The LESSOR currently owns property located at underneath and adjacent on the South end of Lemont Bridge and LESSEE desires to lease said property for the sole purpose of commuter parking and not otherwise. In consideration of the premises and of the mutual covenants and agreements hereinafter contained, LESSOR and LESSEE mutually agree that: LESSOR, for and in consideration of the sum of Eighteen Thousand dollars,($18,000.00), which amount shall be divided into equal yearly payments of $3,600 over the term of the lease, with the first payment being on the effective date of the lease agreement and each year thereafter on the 1st day, and the covenants and agreements hereinafter set forth leases to LESSEE for a period of five not exceeding five (5) years from the 1st day of August,2008, to and including the 31st day of.July,2013. The premises being more particularly described as follows and shown on Exhibit A attached. The above described property, as delineated on said Exhibit A, constitutes the entire property leased and is referred to as the premises. LESSEE, further understands, covenants and agrees with the LESSOR as follows: 1. No representations as to the condition, repair or suitability of premises have been made by LESSOR, its agents or employees, to LESSEE prior to or at the execution of this lease agreement that are not herein expressed or endorsed hereon. 2. LESSEE intends to develop, occupy and use said premises as follows: Commuter Parking according to a plan of operation specifically detailing the intended development, occupation and use of said premises, including the installation and location of any improvements to be situated thereon. The plan of operation or any subsequent revised plans of Page 1 of 6 LA 5103 (Rev. 01/06) (Replaces BRW 5.10 -3) ■ Route: Lemont Rd (Bridge) Job No. R -90- 999 -90 County: Cook Parcel No.:OLP0041 operation shall be prepared by and at the sole cost and expense of LESSEE and must be approved by the regional engineer of District 1 of the Department of Transportation at 201 West Center Court, Schaumburg, Illinois 60196, who is the authorized representative of LESSOR. Such approval shall be subject to concurrence of the Federal Highway Administration. Any and all approved development and/or improvements shall be made at the sole cost and expense of LESSEE. LESSOR will not approve the construction of any permanent structures in, on or over said premises except as may hereinafter be provided. The premises shall not be occupied or used by LESSEE for other than the purposes specified in the approved plan of operation without further written approval of LESSOR and concurred in by the Federal Highway Administration. 3. Payment set forth above shall be by certified check, bank draft or U.S. Postal money order payable to the Treasurer, State of Illinois, at such place as will be designated by the lessor. Signs, displays or devices shall be subject to regulation by the LESSOR, shall be restricted in size, location and design to those necessary as required for the occupation and use of the leased premises and shall not be visible from the travel lanes of the highway facility, unless it or they conform to all applicable state and local regulations. 5. LESSEE shall obtain at its own expense any permits, licenses and /or certificates of either a temporary or a permanent nature as may be required for the use, occupancy, control of, or the conduct of business on the premises and shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the use, occupation, control of, or conduct of business on said premises. 6. The leased premises shall not be used for the manufacture or storage of flammable material, nor for the conduct of any business or occupation causing the emission of fumes, vapors, odors, or discharges which may be deemed by the LESSOR to adversely affect the highway facility or the use thereof. 7. LESSEE shall keep said premises and appurtenances in a neat, clean and orderly condition at all times, and not cause, permit or suffer rubbish, junk cars, tin cans, garbage, chemical compounds, petroleum products or any other refuse to accumulate thereon; or permit or allow the sale or dispensing of spirituous, brewed or vinous beverages on said premises; or to make or suffer any unlawful, improper or offensive use of the premises contrary to any law of the United States of America or the State of Illinois or any ordinance of the Village of Lemont or county of Cook now or hereinafter made, or which shall be injurious and /or offensive to any person or property. 8. The Lessee agrees: A. That, lessee accepts sole responsibility for any property, waste, residue or discharge containing or contaminated with petroleum, or any fraction thereof, hazardous substances or hazardous wastes which lessee has not removed from the premises of the State as of the termination of the Lease; and Page 2 of 6 LA 5103 (Rev. 01/06) (Replaces BRW 5.10 -3) Route: Lemont Rd (Bridge) Job No. R -90- 999 -90 County: Cook Parcel No.:OLP0041 B. That, lessee will indemnify and hold the State of Illinois harmless from and against any and all claims, obligations and liabilities and all costs, expenses and attorneys' fees incurred, based upon or arising out of the matters above; and C. That, the obligation of the lessee to indemnify and hold the State of Illinois harmless shall survive the lease and shall be a continuing, unconditional obligation and not subject to any limitations as to duration or amount. 9. LESSEE assumes liability for all losses, expenses, costs, actions, cause of action, demands, damages and claims in connection with or arising out of any injuries, or claimed or alleged (including, but not being limited to, death) to any person, or any damage or claimed or alleged damage, to any property of any person (including, but not being limited to, LESSOR) sustained, or claimed, or alleged to have been sustained in connection with, or to have arisen out of or to have resulted from, whether directly or indirectly, the occupation and use of the premises by LESSEE, or by any one or more of its contractors, agents, servants or employees, and even though caused, occasioned or contributed to by the negligence, sole or concurrent, of LESSOR, its agents, servants or employees including, but not being limited to, losses, costs, expenses or damages sustained by LESSOR itself; and LESSEE agrees to indemnify and hold harmless LESSOR, its agents, servants and employees, from any and all such losses, expenses, costs, actions, causes of action, demands, damages and claims and agrees to defend any suit or action brought against any one or more of them based on any such alleged injury or damage, and to pay all damages, costs, losses and expenses incurred, including but not limited to, attorney's fees, in connection therewith or resulting therefrom. 10. LESSEE shall not assign this lease and shall not sublet the whole or any portion of the leased premises without the prior written consent of the LESSOR, subject to concurrence of the Federal Highway Administration. 11. LESSOR reserves to itself and its employees the right to enter, inspect and view the premises at all times and when required for the protection and maintenance of highway facilities, and LESSOR further reserves the right of immediate entry on leased premises and the right to take possession thereof in case of national or other emergency. 12. The LESSEE, at LESSEE'S own cost and expense shall maintain said premises, including all driveways, fences, guardrails and drainage facilities heretofore, or hereafter erected, provided that the LESSEE may at its expense install and maintain such additional entrances as may be required by its use of said premises, subject to permit requirements of, and the approval by the LESSOR and concurrence by the Federal Highway Administration. The LESSEE shall take all steps necessary to effectively protect and maintain fences, guardrails, drainage facilities and the piers and columns of the viaducts from damage incident to the LESSEE'S use of such premises, all without expense to the LESSOR. The LESSEE shall be liable to and shall reimburse the LESSOR for any damage to state -owned fences, guardrails, drainage facilities and piers, or columns resulting from or attributable to the use and occupancy of said premises by the LESSEE or any person entering upon the same with the expressed or implied consent of the LESSEE. LESSOR, by the terms of Page 3 of 6 LA 5103 (Rev. 01/06) (Replaces BRW 5.10 -3) Route: Lemont Rd (Bridge) Job No. R -90- 999 -90 County: Cook Parcel No.:OLP0041 this agreement, or otherwise, shall not be bound to do or cause to be done any maintenance, repair, replacements or improving of said premises or appurtenances thereto. 13. Under no circumstances shall direct ingress or egress be allowed from, to or over the premises described herein from or to any freeway highway facility. 14. The LESSEE shall, at its own expense, take out and keep in force during its tenancy (a) public liability insurance, in a company or companies to be approved by the LESSOR, to protect against any liability to the public incident to the use of, or resulting from injury to, or death of, any person occurring in or about the premises, in the amount of not less than $1,000,000.00 to indemnify against claim of one person, and in the amount of not less than $2,000,000.00, against the claims of two or more persons resulting from any one accident, and (b) property damage or other insurance, in a company or companies to be approved by the LESSOR, to protect LESSEE and any and every cause occurring in, or about, the premises, including any and all liability of the LESSEE and LESSOR for damage to vehicles parked on the premises, and to any damage caused to the highway facility by the LESSEE or anyone using the leased area as a permittee or licensee, by fire, or any item insurable under extended coverage insurance in the amount of not less than $2,000,000.00. Said policies shall inure to the contingent liabilities, if any, of the LESSEE and LESSOR and shall obligate the insurance carriers to notify LESSEE and LESSOR, in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the LESSOR. In the event use of these premises should ever be approved for subleasing to private persons or firms, sublessee shall be obligated to obtain the aforesaid insurance. LESSEE shall furnish to the LESSOR a certified copy of each and every such policy within not more than ten (10) days prior to the effective date of the lease. LESSEE agrees that, if any approved SUBLESSEE does not keep such insurance in full force and effect, the LESSEE shall take out insurance and pay the premiums thereon. In the event the LESSEE or an approved SUBLESSEE is unable to obtain the insurance required herein, this lease shall become null and void. 15. This Lease may be canceled and terminated by either party thereto giving ninety (90) days advance notice in writing to the other and may also be canceled and terminated by LESSOR without notice, for any default by LESSEE in any of the covenants and agreements herein contained and upon any such termination and cancellation LESSOR may enter and repossess the premises at any time. Furthermore, upon such cancellation and termination or upon expiration of this lease, LESSEE agrees to immediately yield possession of said premises to LESSOR and, at its sole cost and expense, to restore said premises to a condition satisfactory to LESSOR and to remove from the above described premises, all improvements, and appurtenances thereto, or any other property of any name or nature, utilized, owned or controlled by said LESSEE or anyone claiming under it, except the surfacing and column guards. Any such property not removed from premises within thirty (30) days after cancellation and /or termination of said lease, may be removed and disposed of by the State of Illinois, its agents, employees, or Page 4 of 6 LA 5103 (Rev. 01 /06) (Replaces BRW 5.10 -3) Route: Lemont Rd (Bridge) Job No. R -90- 999 -90 County: Cook Parcel No. :OLP0041 contractors, in any manner it sees fit, at the sole cost and expense of the LESSEE, or the LESSOR, in its absolute discretion, may elect to declare the same the property of the LESSOR whereupon all rights, title and interest of the LESSEE therein shall terminate immediately. 16. No holding over by LESSEE shall operate to renew this agreement without the written consent of the LESSOR endorsed thereon. Should the LESSEE hold over after the expiration of the term of this lease, with the consent of the LESSOR, expressed or implied, said tenancy shall be deemed to be a tenancy only from month to month, subject otherwise to all the terms and conditions of this agreement so far as applicable. 17 LESSEE agrees to abide by such other rules and regulations as may be initiated by the regional engineer for the Department of Transportation. 18. The LESSEE, for himself /herself his /her personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with land, that 1) no person, on the ground of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2) that in connection with the construction of any improvements thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, 3) that such discrimination shall not be practiced against the public in the proper access to and use of the facilities over, or under the premises, and 4) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of The Secretary, Part 21 Nondiscrimination in Federally Assisted Programs of the Department of Transportation. Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the LESSOR shall have the right to terminate the lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 19. The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of any approved successor of the LESSEE. 20. The LESSEE for itself, its personal representatives, successors in interest, and assigns as a part of the consideration hereof, does hereby covenant and agree that (1) no person, on the ground of race, color, gender or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in connection with the construction of any improvement on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors (3) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services constructed or operated on, Page 5 of 6 LA 5103 (Rev. 01/06) (Replaces BRW 5.10 -3) Route: Lemont Rd (Bridge) Job No. R -90- 999 -90 County: Cook Parcel No.:OLP0041 over, or under the premises (4) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle "A," Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation. Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above non- discrimination covenants, the state shall have the right to terminate this lease and to re -enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. The Federal Fair Housing Act prohibits discrimination against individuals with disabilities with regard to residential housing. This act further prohibits discrimination based upon race, color, religion, national origin, ancestry, age, sex, marital status, familiar status or handicap. 21. Lessee agrees and understands that under the provisions of 35 ILCS 200/15.10 and 200/15.55, property leased, subleased, or rented from the state may be assessed to the lessee /tenant by the assessor of the county where the property is located, and the taxes thereon extended and billed to the lessee /tenant and collected in the same manner as though the property were not exempt. 22. Lessee is responsible for maintaining or renovating subject parcel or facility to conform to all applicable requirements of the Americans with Disabilities Act (A.D.A). All renovations required will be approved by the department prior to initiation of the project. The parties have signed this lease agreement in two counterparts, each of which shall be deemed to be an original, and such counterpart shall constitute one and the same instrument. ATTEST: ATTEST: L SS State of Illinois Department of Tran portation By: Director of Highways Secretary Chief Engineer Page 6 of 6 LA 5103 (Rev. 01/06) (Replaces BRW 5.10 -3) ILE I " =50' JOB NO. P90-439.73 COOK COUNTY Parcel No. OLP0041 Route Lemont Road (State Street) Page 20 Appraiser Keith T. Tadrowski