R-27-14 Resolution Approving an IDOT Agreement Non-Highway Use (Right of Way) Resolution No. R
A Resolution Approving an IDOT Lease Agreement Non-Highway Use(Right of Way)
WHEREAS, the President and Board of Trustees desire to enter into a Lease Agreement
Non-Highway Use (Right of Way) ("Agreement") with the Illinois Department of
Transportation, substantially in the form attached hereto as Exhibit A;
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The foregoing findings and recitals, and each of them, are hereby
adopted as Section One of this Resolution and are incorporated by reference as if set forth verbatim
herein
SECTION TWO: The Village Administrator is authorized to execute the Agreement
attached hereto as Exhibit A, to make minor changes to the document prior to execution which
does not materially alter the Village's obligations, and to take any other steps necessary to carry
out this Resolution.
SECTION THREE: This Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGEOF LEMONT, COUNTIES OF COOK,WILL AND DUPAGE,
ILLINOIS on this MI day of Jane- , 2014.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer V
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio LI
#609377 1
B'
President
ATTEST-
AAgraff
C T'• RLENE M. SMOLL
Village Clerk
#609377 2
EXHIBIT A
Lease Agreement Non-Highway Use (Right of Way)
#609377 3
Illinois Department of Transportation
Division of Highways/Region One/District One
201 West Center Court/Schaumburg,Illinois 601 96-1 096
BUREAU OF LAND ACQUISITION
Route: Lemont Road Bridge
Location : Beneath & adjacent to the S end of the Lemont Bridge, Lemont
County: Cook
Parcel: OLP0041
January 8, 2014
Mr. George Schafer
Village Administrator
Village of Lemont
418 Main Street
Lemont, IL 60439-3788
Dear Mr. Schafer:
Enclosed are two (2) copies of your new lease agreement with the Illinois
Department of Transportation for the above mentioned parcel.
The lease period is from August 1, 2013 through 31, 2018 and the rental rate is
$3,900.00 per year.
Please execute both copies of the lease agreement and have both copies
witnessed 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 Chris
Mueller at(847) 705-4294.
Very truly yours,
John A. Fortmann, P.E.
Deputy Director of Highways,
Region One Engineer
By:
Joh cDonough
Bureau Chief of Land Acquisition
Illinois Department Invoice
of Transportation
•
Village of Lemont Responsibility Code: 9170
418 Main Street 90487
Invoice Number:
Lemont, IL 60439
Invoice Date: JUL 10 2013
Make check payable to the TREASURER,
STATE OF ILLINOIS and mail to:
Revenue Code: 6402
ILLINOIS DEPARTMENT OF TRANSPORTATION
201 WEST CENTER COURT Claims Number:
SCHAUMBURG, IL 60196-1096
ATTN: LAND ACQUISITION—PROPERTY MGT Audit Number:
Payer Number: 006621
Explanation of Charge Amount
Route: Lemont Road $3,900.00
Location: S side of Lemont Bridge (Commuter parking for Metra)
Job No.: R-55-111-94
County: Cook
Parcel: OLP0041 (OLP0166)
Annual rental for parking for: AUGUST 1, 2013
THRU
JULY 31,2014
VENDOR SCHEDULE ITEM INV.DATE INV.NO
91-
FUND AGENCY A-OBJ. SEQ-TYPE E-OBJ
999 49499 9999 0000 9999
OBLIGATION RESP. TOTAL AMOUNT SPLIT
9155 $3,900.00 CR
F/P P-PRO. CONT.-NO FUNC. SEP.T
315
SEC,-SUB. DST. CAT. V/ACT. CO. PARCEL NO.
031 OLP0041
PRCLS. ACRES IMP. FT/S. JOB NO. FC.
00 07AL R-55-111-94 2
Payment Due Date: August 1, 2013
Invoice Total $3,900.00
Printed January 8,2014 AA 644(Rev 3/89)
11111101S Departr
Lease Agreement
of liansportation nent Non-Highway Use
(Right of Way)
Route Lemont Road Bridge Project
Section Beneath Lemont Bridge, S end Job No. R-90-999-90
County Cook, Lemont Parcel OLP0041 Unit 1
This agreement is made on January 8, 2014, between the state of Illinois, Department of Transportation,
LESSOR, and Village of Lemont whose address is 418 Main Street, of the Village of Lemont and the
state of Illinois, LESSEE.
The LESSOR currently owns property located at and described as Beneath and adjacent to the south
end of Lemont Bridge, Lemont and LESSEE desires to lease this space 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 Nineteen thousand five hundred and no 00/100 dollars
($19,500.00), which amount shall be divided into equal yearly payments of $3,900.00 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 (5) years not exceeding five (5) years from the 1st day of August, 2013, to and including the 31st day
of July, 2018. The LESSOR acknowledges receipt of the sum of Three thousand nine hundred and
00/100 dollars ($3,900.00), from the LESSEE, as advanced payment for the first year of said term. 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 herein 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 operation shall be prepared by and at the
sole cost and expense of LESSEE and must be approved by the regional engineer of District One of
the Department of Transportation at 201 W Center Court, Schaumburg, Illinois 60196-1096, 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.
Page 1 of 5 LA 6 I 02(Rev.08/22/11)
(Formerly LA 5103)
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. LESSEE shall promptly pay when due, all gas, light, water and other utility bills applicable to said
premises and appurtenances, and LESSEE further agrees to save harmless the LESSOR, its
officers, agents and employees from any and all liability for the furnishing of gas, light, water and
other utilities.
9, 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.
10. 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.
11. 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.
Page 2 of 5 LA 6102B(Rev 08/22/11)
(Formerly LA 5103)
12. 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.
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 or 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 less than $2,000,000.00 to indemnify
against claim of one person, and in the amount of not less than $5,000,000.00 against the claims of
two or more persons restating 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
$5,000,000.00. 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.
Page 3 of 5 LA 61029(Rev.08/22/11)
(Formerly LA 5103)
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 rest or 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 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.
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 Regional
Engineer for the Department of Transportation.
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, 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.
The LESSEE understands that the Federal Fair Housing Act prohibits discrimination against
individuals with disability 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.
That in the event of breach of any of the above non-discrimination covenants, the LESSOR 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.
Page 4 of 5 LA 6102B(Rev.08/22/11)
(Formerly LA 5103)
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JOB NO.P90-039-73
COOK COUNTY