Loading...
R-86-98 Authorizing execution of a license agreement between the Village of Lemont and Safety Village commissionRESOLUTION RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND SAFETY VILLAGE COMMISSION WHEREAS, the Village of Lemont has entered into a lease agreement with the Metropolitan Water Reclamation of Greater Chicago (MWRD) for 23,100 square feet of property immediately north of the Illinois & Michigan Canal for the construction of a Safety Village site; and WHEREAS, the Village is owner of land immediately south of the MWRD property which is commonly known as the Illinois & Michigan Canal Reserve Strip; and WHEREAS, the Village seeks to enter into a license agreement with the Safety Village Commission in order to allow for the utilization of the leased MWRD property and the property which is owned by the Village of Lemont; and WHEREAS, the terms and conditions of this license agreement are outlined in the attached exhibit. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Lemont, Counties of Cook, DuPage and Will that the attached license agreement is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS on this 14th day of September , 1998. Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker NAYS PASSED ABSENT ENE SMOLLEN, Village Clerk Approved by the this 14th day of „""• - ii f, - _ 1998. ' ffrO A "Mgr K ASNESKI, Village President Attest: / iL�rLi !r / v /i� ar CHARLENE SMOLLEN, Village Clerk Approved to form: lage Attorney Date: 47-9J) Lemont Safety Village License Agreement Whereas, the Village of Lemont, which is referred to in this agreement as the VILLAGE, is the owner of property commonly known as the Illinois & Michigan Canal Reserve Strip, which is referred to in this agreement as the PROPERTY; and the VILLAGE is leasing property from the Metropolitan Water Reclamation District, which is referred to as LEASED LAND; and Whereas, the Lemont Safety Village Commission is a non - profit organization whose aim is to construct and maintain a permanent safety village facility for the purposes of educating the residents of Lemont and its neighboring communities and is referred to in this agreement as COMMISSION; and Whereas, the Lemont Safety Village Commission and the Village of Lemont are co- sponsors of the Lemont Safety Village facility within the community; and Whereas, the Lemont Safety Village Commission proposes to build a building on the PROPERTY and utilize the LEASED LAND for access purposes and for the erection of temporary structures used as training aids; and Whereas, the terms of this license agreement shall dictate the responsibilities and obligations of the VILLAGE and COMMISSION with regard to the Lemont Safety Village site. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. PROPERTY TO BE LICENSED. The property to be licensed by the COMMISSION from the VILLAGE is hereby attached as exhibit A. This includes the PROPERTY and LEASED LAND. 2. LICENSE AGREEMENT DURATION & PAYMENT. The PROPERTY and LEASED LAND shall be licensed to the COMMISSION from the period of September 30, 1998• to May 31, 2017 The license agreement will be extended to the COMMISSION for the same term as any lease extension granted to the Village by the METROPOLITAN WATER RECLAMATION DISTRICT, which is referred to in this agreement as the MWRD, if the MWRD consents to the license. The annual license agreement fee shall be one ($1.00) dollar payable upon approval of the license agreement by the VILLAGE and the COMMISSION, with subsequent annual payments made on the anniversary date of the MWRD lease. 3. MWRD LEASE ARRANGEMENT. The VILLAGE shall lease additional property from the Metropolitan Water Reclamation District of Greater Chicago (MWRD) for the purpose of administering safety training activities. The COMMISSION agrees that it will abide by all stated terms of the MWRD lease which is hereby attached as exhibit B. 4. APPROVAL OF SITE IMPROVEMENTS. The COMMISSION shall obtain VILLAGE approval for any land improvements to be made to the PROPERTY or LEASED LAND. The improvements shall be in general conformance to the plan documents hereby attached as EXHIBIT C (site plan) and dated 9/1/98 . The VILLAGE will forward same to the Chief Engineer of the MWRD. No construction will take place without the prior written approval of the Chief Engineer. 5. COST OF IMPROVMENTS. The construction or relocation of temporary or permanent improvement upon the PROPERTY or LEASED LAND from the MWRD shall be at the sole expense of the COMMISSION. This shall include, but not be limited to any structures, utility extensions, displays, and sidewalks, parking areas, landscaping, and fencing. 6. OWNERSHIP OF PERMANENT IMPROVEMENTS. The ownership of the proposed building and permanent improvements shall be conveyed to the VILLAGE by the COMMISSION upon groundbreaking. 7. OWNERSHIP OF TEMPORARY IMPROVEMENTS. The ownership of temporary structures located on the LEASED LAND such as the caboose and miniature buildings and fire safety smokehouse trailer shall be conveyed to the VILLAGE by the COMMISSION upon groundbreaking. 8. USE OF BUILDING. The building to be built on the PROPERTY shall be utilized solely for public purposes including, but not limited to safety training, public meetings, organizational meetings, and community education. Commercial activities and recreational activities shall not be allowed on the PROPERTY or LEASED LAND. Building usage shall be governed by the regulations hereby attached as Exhibit D (Building usage form.) 9. PRIORITY USAGE OF BUILDING. The COMMISSION shall have scheduling priority for usage of the building and the PROPERTY over all other requests as outlined in Exhibit D. 10. BUILDING MAINTENANCE. Maintenance responsibility for the building shall be shared between the VILLAGE and the COMMISSION. The following responsibilities shall apply to each party: a). VILLAGE shall be responsible for maintaining the structural integrity of the building, including roofing, windows, exterior walls, electrical and plumbing systems, and HVAC. The Village shall supply janitorial supplies for maintaining the building and industrial cleaning. b). COMMISSION shall be responsible for the interior maintenance of the building including painting, flooring, lavatories, sinks, and interior lighting. 11. GROUNDS MAINTENANCE. The maintenance responsibility for the grounds shall be shared between the VILLAGE and the COMMISSION. The following responsibilities shall apply to each party: a). VILLAGE shall be responsible for all the exterior landscape maintenance and snow removal. b). COMMISSION shall be responsible for maintenance of all Lemont Safety Village appurtenance and structures utilized for training. COMMISSION shall also be responsible for all maintenance requirements of the caboose. 12. UTILITIES. COMMISSION shall be responsible for the cost of the telephone service. All other utilities shall be provided by the VILLAGE. 13. SECURITY ALARM. The COMMISSION shall be responsible for the installation of a security system, fire alarm and sprinkler system as a part of the building construction. The VILLAGE shall be responsible for all monthly charges associated with operating these systems upon completion. 14. MWRD PROMOTIONAL SIGNAGE. Prior to the operation of the facility, the COMMISSION shall install promotional signage to acknowledge the cooperation of the MWRD in providing available land for the Safety Village. The specifications of this requirement shall conform to Section 8.05 of the MWRD lease agreement. 15. INSURANCE & INDEMNIFICATION. The VILLAGE shall provide comprehensive general liability, combined single limit bodily injury liability and property damage liability in the amount of not less than $4,000,000.00 per occurrence and all risk property insurance in the amount of $4,000,000.00 per occurrence including fire and extended coverage in an amount not less than the replacement cost of improvements located on the premises as insurance coverage of the building and the contents and the temporary improvements through its self - insurance program. The MWRD, its Commissioners, officers, agents, servants, and employees shall be named as additional insureds on the certificate of self - insurance. The COMMISSION will defend, indemnify, keep and save harmless the VILLAGE and the MWRD, its Commissioners officers, agents and employees, against all injuries, deaths, losses, damages, claims, patent claims, liens, suits, liabilities, judgements, costs and expenses which may in any wise accrue, directly or indirectly, against the VILLAGE and/or MWRD, its Commissioners, officers, agents or employees, in consequence of the granting of this license agreement or which may in any wise result therefrom or from any work done hereunder, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the COMMISSION, or the COMMISSION'S employees, or of any contractor or subcontractor, or their employees, if any, and the COMMISSION shall, at the COMMISSION'S sole expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgement shall be rendered against the VILLAGE and /or the MWRD, its Commissioners, officers, agents or employees, in any such action the COMMISSION will, at the COMMISSION'S sole expense, satisfy and discharge same. Indemnification does not apply to any negligent act or omission of the VILLAGE and/or the MWRD, its Commissioners, officers, agents or employees. The COMMISSION shall ensure that any agency or organization providing for the operation of any Lemont Safety Village class or program shall name the VILLAGE as the additional insured party on the policy for the following: Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit Minimum general aggregate shall be no less than $2,000,000 or a specific aggregate of $1,000,000. Certificates of insurance verifying compliance with the requirements of Section 15 shall be presented to the VILLAGE annually. 16. TERMINATION OR RENEGOTIATION. VILLAGE and COMMISSION may terminate and /or renegotiate this license agreement with the mutual consent of both parties. In the case of termination, notification shall be provided ninety (90) days prior to any intended termination date. 17. LICENSE AGREEMENT NOT TRANSFERABLE. The terms of this license agreement shall not be transferable to any other entity. Any change of organization involving the COMMISSION shall result in the negotiation and adoption of a new license agreement with the successor organization. Any new license agreement or renegotiated license is subject to the consent of the MWRD. LEMONT SAFETY VILLAGE COMMISSION LAGE OF LEMONT PLAT OF SURVEY OF THAT PART OF BLOCK 2 IN SINGER AND TALCOTT STONE COMPANY'S SUBDIVISION OF PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 1' EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE ILLINOIS AND MICHIGAN CANAL, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID BLOCK 2; THENCE NORTH 22'59'55' WEST (ASSUMED BEARING), ALONG THE WESTERLY LINE OF SAID BLOCK 2, A DISTANCE OF 110.00 FEET: THENCE NORTH 66 °44'07' EAST. PARALLEL WITH THE SOUTHERLY LINE OF SAID BLOCK 2, A DISTANCE OF 180.00 FEET, THENCE SOUTH 22 °59'55' EAST 50.00 FEET, THENCE NORTH 66 °44'07' EAST 55.00 FEET, THENCE SOUTH 22 °59'55' EAST 60 00 FEET TO SAID SOUTHERLY LINE OF BLOCK 2; THENCE SOUTH 66 °44'07' WEST. ALONG SAID SOUTHERLY LINE OF BLOCK 2, A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING ALL IN COOK COUNTY, ILLINOIS. 66.44 'E 1%0." SET IRON PIP SET IRON PIPE 235"' SET IRON PIPE N• EXHIBIT A (LEASED LAND) 'SET LPON PIPE LS NO /S /A /O 9691'1 1411. 03011.341 01 i '0006010 •960 0061'94 9094 4.9 '1110101 01. '000 41,NM000 •e '41 •L111W1 '9911 '14 0090 101160 1041 '0 1191 '990 '9044 0.11.0 941.01 W 1 '41019 0 911 1119119 111131 A.. Li. Ito" ' +94 4141.11•+,11 -190 '1 91.1 01 WV ..09009 ' e '0 19 1 1 '410 19 1 19'1 P. 1. 4611911 '41019'49.49 919 1 19119 •11.101 • 11-LC-01 '999 91 0011111 40 00.01 412911 '960 '0 00.4 '0 4900 1.1111 ) -'Y '0"V '912 '11'10 91 111 '61 '940101 /1'2'0 14119 1 /1 'eV N 90 N. e1 '9111 19 41 .16•14 041 19 0'1941 '+9111 +4119 '9 11 •9941 61 1/11614 10119 0 /1'44 94114 1.99119.19414011 '4+.01 1/1 11 11 99119 1 /1•44 941 '0 101111+91911 1141 941 19 '101 '940 494 100441 40 510•9111. U 000 100.941111'11 -11 -OE 'n.uy 91911 YN %1110 111 11410 Y 1'1%14%001 d9 A111.a3doad i to •11 -49-01 •94901 '010241 11.11.0311.1. 9 90001. '0000005 9000 "091 2161'1y9'400 009 9091. 401n0L 9116 011191910.4.119+11 1119 Y IC 11111 19 0;990 10 ' WIY 21191441900 '600001009.4'91460 '10111'01':0.0'0911 9190.. 1...1 4 11 410110'49.01119110'619 '0904041,.0'01 0004 'CI 40041 11191 'X 9009 019 '64.11 1690119 '1 16. '1'1041 904 1+ +0101 »40 0)00 44661461114 79496161 1P9.1 110 '411040400111 40 044 1191 9919 ' 1'1941 4011 I9.4 40103 990x64010141 14,, 060 0011991 911, '0101099 1 919.1 W 1091 114110 11119 ..0.. 4.,.1''991'14014 '901'0044 811'.1 -1'1 01. 'UUY 10012 Y.Lli)1'IYl • 41041019 • 11.. 90.101 990 40011. 03'1 '6.• '9004 -11 Ul 9000 UNOU%. 1LWU'IYl 1 11604 :111 -4411111 40 4'01101,'0119 11699 40 NeWl %01 UL 'UUY Y.NUlONItl %n 919 11114011990 '116999 '19 •1141 '9001 '0 1144 '101 '1 409 11 114110 2/1'40 01 0119.4 9.011 I. • •1190 •60 .19+10119 '0 ' •941.609010 '0'0 1 '14404 ' 101 19 03 1.040.119'1 W '1910241 Y.d0Y11%%tlJ '0000 e.. '109919 »0.14 04 00, .11 001 '0001 '10 •1099 .6+1 '60019%'1 Ul '001 X.001190 ltlltltllll 4,41111, '4 9.99'1'^19 462 '1..1..99.1 0.•161991 16900111091 Oa '9190141 0G .I0'l 40 '411010 19100 '990 "0=0 01911,11 0010'091 11-11'09 '96919 Y /1'1'10110 9 /1'1 0. 40 1011. '440110141 60 1 /Y 1.11A 0du 111119! •61 1109911'904' •1 '10111 94110 .11011 09 '919 41191/100 Pl •14 4419110 YMUIYMfio1 J 1.1'11 oG J'IS 0 0 4 4 611 19 AI 19 009110 16 1 /.'N 141 101,0010116 '11111 7019(' 090 91 -60101 '06414-.1 WIY 03 111011 Y.1.I.001V11 11004 1406110'000 096141'0019 '•011 •100119.1 01 '00Y 94090111 '4 11 91/0111.4140111'4 6.02' 00061 4 4.19 10 11 641 19 1194 9.9111106 031411/10 11011001 •0904' »41 1411 09Y119'96Y"P0 11-4611 '60919 1110 9.111110 1119100 919 / / eoz-7 / 77 y /ds- I✓ - 0/ 0/ 1NOW31 CAla:13dOt1d) - V 1181HX3 oz -zz 9 0Z-II -L£ Exhibit B is MWRD Lease Agreement which is on agenda as a separate item imaj 19 I�I • 1 • 1 rt '�� A�A 1 1 N0 T TZ ■ 1 X c> 11 x A37711 ON11SIX3 Sr 1 2 i 1111117, j Q CC v�3 • 0 0 1 m • Z a 4 • EXHIBIT D POLICY REGARDING THE USE OF VILLAGE OF LEMONT MEETING FACILITIES The terms and conditions set forth below govern the use of the Village of Lemont buildings. The Village of Lemont welcomes the use of its meeting rooms for socially useful and cultural activities and discussion of current public questions. Such meeting places will be available on equal terms to all eligible groups in the community. I. ELIGIBILITY Village of Lemont buildings are available for: (1) Public activities and functions (2) Civic, cultural, benevolent and /or public information activities of Lemont Village groups. Commercial, social, or politically partisan meetings do not fall within these categories. Lemont groups are defined as organizations which are chartered in Lemont or whose membership is comprised primarily of Lemont residents. II. APPLICATION AND APPROVAL, Use of the Lemont Safety Village building for Lemont Safety Village Commission sponsored programs and meetings shall have priority over all other requests. Reservations for non - sponsored events are made when rooms are available. Applications for room use should be made to the Village Administrator's Office as much in advance as possible, but no less than two weeks. Approved use requests shall be assigned a specific location for their activity. Emergency conditions may warrant the need to re- schedule or cancel approved meetings. Application for use of the facilities does not guarantee approval of their use. The agent signing the application must be responsible to the Village for facilities. Meetings which would interfere with the functions of the village and its patrons because of noise, parking availability or other factors will not be permitted. 111. FEE. No charge is made for use of the Village's facilities and no admission fee may be charged by outside organizations. IV. HOURS OF USE. After 5:00 p.m., access to the Village Hall shall be via the Police Department. The meeting areas are available generally from 5:30 to 11:30 p.m., Monday through Friday. Audiences have access to the entrance, public telephones, and restrooms but are not allowed into general or private areas. V. ALCOHOL AND SMOKING POLICY, Smoking is not permitted in any of the meeting areas at any time. No alcoholic beverages are to be brought into or consumed within any Village of Lemont buildings. VI. GENERAL HOUSEKEEPING. Groups or organizations requiring equipment such as projectors, record players, equipment for food and beverages must provide them. Groups using the Village of Lemont buildings are required to leave them in a clean and orderly manner. All lights are to be turned off and doors locked when the group vacates the building. VII. DISCLAIMER OF USE. The scheduling of a meeting for any group or organization in any of the Village of Lemont buildings does not constitute, in any way, an endorsement by the Village of the organization or its activities. VIII. INDEMNIFICATION /CERTIFICATE OF INSURANCE. All outside organizations utilizing the Village of Lemont buildings must sign an indemnification agreement prior to use. In addition, those outside groups using the Village of Lemont buildings on a regular basis may be required to submit a Certificate of Insurance naming the Village as an additional insured for use of the facility. Any damage incurred shall be the responsibility of the organization using the facility. IX. REVOCATION OF USE. The Village reserves the right to revoke an organization's use privileges if a violation of policy occurs.