R-01-02 01/14/02RESOLUTION
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 to accommodate a METRA
improvement on the property; and
WHEREAS, IDOT has agreed to lease property through July 31, 2007 at the lease rate
of $2,780 annually.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that
the attached Lease Agreement 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 14th day of January , 2002.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
Attest:
CHARLENE SMOLLEN, Village Clerk
AYES NAYS PASSED ABSENT
v
f
v
Ir
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
LEASE AGREEMENT
This agreement is made on January 2nd, 2002 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 Southend of the 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 thirteen thousand
nine hundred dollars ($13,900.00), which amount shall be divided
into equal (yearly) payments of $2,780.00 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, 2002, to and including the 31st day of July, 2007. The
premises being more particularly described as follows and shown on
Exhibit A attached.
The above - described property,
constitutes the entire property
premises.
LESSEE, further understands,
LESSOR as follows:
as delineated on said Exhibit A,
leased and is referred to as the
covenants and agrees with the
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 ai
the execution of this lease agreement that are not herein expressed or
endorsed hereon.
6/00
Exhibit 5.10 -3
(1 of 7)
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
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 operation shall be
prepared by and at the sole cost and expense of LESSEE and must be
approved by the district engineer of District 1 of the Department of
Transportation at 201 West Center Court, Schaumburg, 60196 -1096, Illinois,
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.
4. 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
6/00 Exhibit 5.10 -3
(2of7)
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
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
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
6/00 Exhibit 5.10 -3
(3 of 7)
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
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. LESSEE hereby irrevocably constitutes any attorney of any court of record of
this State, attorney for LESSEE in LESSEE'S name, on default by LESSEE
of any of the covenants herein, and upon complaint made by LESSOR and
filed in any such court to enter LESSEE'S appearance in any such court of
record, waive process, service thereof, and trial by jury and to confess
judgment against LESSEE in favor of said LESSOR for forcible detainer of
said premises with cost of said suit, and also to enter LESSEE'S appearance
in such court, waive process and service thereof, and confess judgment from
time to time for any payments which may be due said LESSOR by the terms
of this lease with costs and a reasonable sum for attorney's fees, and to
waive all errors and all right of appeal from said judgment and judgments and
to file a consent in writing that a writ of restitution or other proper writ of
execution may be issued immediately.
13. 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 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.
14. Under no circumstances shall direct ingress or egress be allowed from, to ur°
over the premises described herein from or to any freeway highway facility.
15. 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 Tess than $1,000,000.00 to
indemnify against claim of one person, and in the amount of not Tess 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,
6/00 Exhibit 5.10 -3
(4 of 7)
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
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 $500,000. 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.
16. 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 abovedescribed 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
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.
6/00 Exhibit 5.10 -3
(5 of 7)
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
17. 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.
18. LESSEE agrees to abide by such other rules and regulations as may be
initiated by the district engineer for the Department of Transportation.
19. 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.
20. 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.
6/00
Exhibit 5.10 -3
(6 of 7)
Route Lemont Rd. (Bridge)
Job No. R -90- 999 -90
County Cook
Parcel No. 0LP0166
21. Leasee 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. Leasee 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.
23. If Lessor is required to perform maintenance operations on the premises for its
facilities located thereon, restoration of the area shall consist of only a
minimal gravel surface. Lessor shall not be responsible for any restoration of
pavement or any other improvements which may which may exist at that
time.
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:
LESSEE
ATTEST:
Director, Division of Highways
6/00
APPROVED AS TO FORM
TE OF ILLIN
DEPAR OF TRANSP • - ATION
By:
Secretary
hn P. Antonopoulos,!e Attorney
S: \WP \Relocation & Prop Mgt \LEASES \OLP0166nr11226.doc
Exhibit 5.10 -3
(7of7)
VILLAGE OF LEMONT
COMMUTER PARKING
SCALE I" 50'
COMPARE DESCRIPTION AND POINTS BEFORE BUILDING
AND REFORF ANY APPARENT DIFFERENCE TO THE
SURVEYOR.
TO INSURE AUTHENTICITY OF ANY COPIES THEY
MUST BEAR THE SURVEYOR'S IMPRESSED SEAL
REFER TO DEED OR GUARANTEE TITLE POLICY
FOR BUILDING LINE RESTRICTIONS OR EASEMENTS
NOT SHOWN ON PLAT OF SURVEY.
J08 NO. R90-439-73
COOK COUNTY
PLAT AND SURVEY
1.__RoxiERT REGISTERED &VIM . LAND SURVEYOR. 00 HERESY (
THAT THE ABOVE IS A CORRECT PLAT AND SURVEY OF
LS No. 2017
-•_
DATE 7 - 7 - 87 Joe No. B-7300-8
(62654
Beling Consultants
Professional Engineers and Land Surveyors
HILLCREST CENTER
NORTH LARKIN AVENUE AT PLAINFIELD ROAD
JOLIET, ILLINOIS 50435
mons-moo
MOUNE, ILL. PEORIA, ILL. ROCKFORD, ILL. SCHAUMSU/10, ILL. SURLINOTON
F.B. 428 P. 13-14