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O-03-10 - ACL Special Use PermitVILLAGE OF LEMONT ORDINANCE NO. (2 - 3 70 AN ORDINANCE APPROVING A SPECIAL USE FOR OUTDOOR STORAGE OF STEEL AND SHIPPING CONTAINERS AT 16100 DES PLAINES RIVER ROAD IN LEMONT, IL (ACL Special Use) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 11th DAY OF JANUARY, 2010 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 11th day of January, 2010. ORDINANCE NO. 0 2 /0 AN ORDINANCE APPROVING A SPECIAL USE FOR OUTDOOR STORAGE OF STEELAND SHIP-P-ING- CONTAINERS A-T-- 16100-- DES - PLAIN.ES-RI-VERROAD IN LEMONT, IL (ACL Special Use) WHEREAS, American Commercial Lines, Inc. (ACL) hereinafter referred to as the "Petitioner," is the lessee of the subject property covering approximately 59.5 acres located at 16100 Des Plaines River Road (PINS 22 -19- 400 -018, 019, & 020, 22 -20- 300 -016, and a portion of 22 -19- 300 -013), herein depicted in Exhibit `B "; and WHEREAS, the Petitioner is seeking a special use to allow outdoor storage of steel and shipping /storage containers on the subject property; and WHEREAS, the Metropolitan Water Reclamation District (MWRD) is the owner of the subject property and consents to the special use; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a public hearing on April 29, 2009 for approval of the special use; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and was published in the Southtown Star, a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village has reviewed the matter herein and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit "A ". NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS:. SECTION 1: Special Use Approval. A special use is granted to allow outdoor storage of steel and shipping /storage containers on the subject property. SECTION 2: Conditions of Approval. The above special use shall be approved subject to the following conditions: 1. The maximum height of the outdoor storage shall be limited to 30 feet; and 2. Shipping/storage containers shall be stacked no more than three containers high; and 3. Although ACL does not take ownership of the materials to be stored on -site, ACL shall remain responsible for the proper handling, storage, and if necessary, disposal of all materials on -site. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 11th day of January, 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN f WrAd l_ %i CHARLENE M. SMOL EN, Village Clerk Appr d by me this 11 day of January, 2010 BRIAN K. REAVES, Village President EXHIBIT A Findings of Fact 1. The proposed special use will not cause a substantial injury to nearby property because it is located in an industrial area. 2. The proposed special use will allow improved transportation of goods to the area; this will be a public convenience for people in the region. 3. The proposed special use will create very limited demands on police, public works, and fire services; it will therefore not impair the ability of the Village to maintain the peace and provide adequate protection for its citizens. 4. The proposed special use is limited in such a way as to protect the public health, safety, and welfare. 11 it it V lir tr m m m co u- m -±" w 1 5 1 AMENDMENT TO LEASE DATED OCTOBER 15, 2009 BETWEEN THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND ACL TRANSPORTATION SERVICES LLC This Amendment, made this 15tr, day of October, 2009, by and between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter "District ") and ACL TRANSPORTATION SERVICES LLC, a Delaware Limited Liability Company. WHEREAS, the District entered into that certain Lease with Louisiana Dock Company LLC, now known as, ACL Transportation Services LLC ( "ACL ") dated December 15, 2005 for a term of thirty -nine (39) years commencing December 16, 2005 and expiring December 15, 2044 on approximately 30.1 acres of improved real estate containing a large warehouse and office building and including barge slip 4 located at 16100 Des Plaines River Road in Lemont, Illinois and known as part of Main Channel Atlas Parcel 23.01 for the fleeting and mooring of barges and related activities (the "Lease "). WHEREAS, ACL has requested an amendment to the Lease to allow for the additional permitted use under the Lease of the outdoor storage of steel and shipping containers on the leasehold premises. WHEREAS, the District's Board of Commissioners has authorized an amendment to the Lease entered into with ACL Transportation Services LLC to allow for the additional permitted use under the Lease of the outdoor storage of steel and shipping containers on the leasehold premises. • . WHEREAS, the District is willing to amend the lease subject to the terms and conditions set forth below. NOW THEREFORE, in consideration of the payment of TWO THOUSAND AND NO /100 DOLLARS ($2,000,00), as a document preparation fee, the mutual covenants and agreements of ACL Transportation Services LLC and the District, and other good and valuable consideration, receipt of which is hereby acknowledged, the District, and ACL Transportation Services LLC, do hereby amend said Lease upon the following terms and conditions: 1, All the foregoing recitals are incorporated by reference herein and made a part hereof as if set forth in full, the same constituting the factual basis for this transaction. 2. Paragraph 3.07 "Use of Demised Premises" of the Lease is amended to read as follows: "It is understood that the Demised Premises are to be used by said Lessee for the sole and exclusive purpose of the fleeting and mooring of barge and the outdoor storage of steel and shipping containers on the leasehold premises and related activities and for no other purposes whatsoever," 3. ACL Transportation Services LLC is hereby bound to and will faithfully discharge all of the covenants conditions and agreements contained in the Lease and in this Amendment to Lease, (THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY) (SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO has caused this instrument to be executed in triplicate by the Chairman of the Committee on Finance of its Board of Commissioners and attested by its Clerk, and its corporate seal to be hereunto affixes; and fih-.47 Lessee has caus41 this instrument to be executed in triplicate by its L ∎,,, nd ,* a attested by its • . II he day and year first above written. MET OPOLITAN WATER RECLAMATION D � OF GR ' TER CHICAGO Al J€,2fl/' r l oria All o Majewski Chairman, Committee 7 inance ATTESTED: By: Title: ` ) �- ACL TRANSPORTATION SERVICES LLC Title: vP/ 'r'! 4. ,,",--lu %%os.ioe, 22 1 00,e'.7 . vice_ yr PS. CFO STATE OF ItEIN©IS ) tndicvnQ ) SS COUNTY OF Gee* ) Cloak (Name) the State aforesaid, DO HEREBY CERTIFY that -Eat Z). , a Notary Public in and for said County, in (Name) personally known to me to be the VP/ -) . Mgr. -- (Title) of C:t..'ecte .S lr'-tauti , e .YU'iCts GGC. (Corporation Name) and '7h smas . Pi hs (s personally known i Lis-�eY , , a corporation, to me to be the • Oce fresoc xa•(- 4 CFO of said corporation and personally (Title) known to me to be the same persons whose names are subscribed to the foregoing instrument, appeareyi before me this day in person and severally acknowledged that as such iiiyareo - /'Y?1(d • � (Title), and Ui 2 . 'CAD of said corporation, (Title) • duly executed said instrument in behalf of said corporation and caused the corporate seal of said corporation to be affixed thereto, pursuant to the authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , A.D.20CR. My Commission expires: °°e��ttil +itrrrrri ° °spy bE..... ~` °M15S10y , � ems ���� • °y, • 0-1 NOTARY SEAL �� Thedaie Notary ° ublic STATE OF ILLINOIS) ) SS COUNTY OF COOK ) 1, 53/4C1501/ GZ1 G %F Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Gloria Alitto Majewski, personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a municipal corporation, and Jacqueline Torres, personally known to me to be the Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said municipal ' corporation, and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Commissioners of said municipal corporation, as their free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal day of /W )n 06-7(1- , A.D. 2009 . My Commission expires: OFFiCIAL Sig SUSAN M SOWS NOTARY PUBLIC • STATE OF WINOS MY COMMISSION EXPItES:03/14112 Notary Public APPROVED AS TO FORM AND LEGALITY: - -Hea -A sistan�t- AttoFne Y F,'aw nil. l'04/4 - General Counsel APPROVED: Executive Director RECEIVED: Fee Insurance I, Bond,. ==a2