HomeMy WebLinkAboutRESOLUTIONS-1994-056-R-94•
•
•
•
•
9/2/94
56-R-94
A RESOLUTION
Authorizing The City Manager to
Execute the Permits for Use of
the Main Street Site for Construction Purposes
WHEREAS, the City of Evanston ("City") and the
Metropolitan Water Reclamation District ("District") have entered
into an Easement Agreement for the use of a parcel of land located
on the South side of Main Street, West of the Main Street Commons
on land located in the Village of Skokie; and
WHEREAS, the District will issue to the City a permit and
license to use the real estate described in Exhibit A for the sole
and exclusive purpose of continued access and equipment set up to
facilitate completion of construction of sewer and related road
resurfacing operations and for crushing and storage of asphalt and
concrete on District property located on the East bank of the North
Shore of the Channel, just South of Main Street, in Skokie,
Illinois; and
WHEREAS, such permit is necessary and required by the
City for use of the Main Street Commons construction site,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager of the City of Evanston
is hereby authorized and directed to sign and the City Clerk hereby
authorized and directed to attest on behalf of the City of Evanston
Permits with the Metropolitan Water Reclamation District for the
1
use of Main Street for construction purposes.
SECTION 2: That the City Manager is hereby authorized and
directed to negotiate any additional conditions or terms on the
aforesaid Permits.
SECTION 3: This Resolution shall be in full force and
effect following its passage and approval in the manner required by
law.
Mayor
ATTES
City Clerk
Adopted: /'� �Ii �� 1994
•
2
L
... MAIPJ STREST
-• = 1v
.0 of
/ /
00,
.. _. ...N ', r kcr end' po ry
m
� a
o
. 323G- ic
o�rc e �dt
.L
O r Kra„ ST2 c rr
—# 2r�o --�
?rl m50 ?r4 pr.4 ZS ffmc .n
�r
•
•
•
t—Cl,C # aSim
731 a�zL
rr
-Z INI
o
0
't
�JnJadtq 2t +W jjh*)
O '
�
W
S
_
�
H
•r 7 � -
JL
19
0
-•
N
•
•
FMF:MKW:
Revised 2/24/94
GENERAL PERMIT
THIS PERMIT made this 14th day of July, 1994, 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 called "District," and CITY OF EVANSTON, a municipal
corporation organized and existing under the laws of the State of Illinois
hereinafter called "Permittee."
1.01 The District for and in consideration of the payment of the permit
fees hereinafter set forth, hereby issues to the Permittee a permit and license
to use the following described real estate situated in the County of Cook, State of
Illinois for the sole and exclusive purpose of access and equipment set up upon
the District's North Shore Channel right-of-way for construction of storm
sewers under its Phase II Flood Relief Project in Skokie, Illinois, and for no
other purpose whatsoever. (For pictorial representation of permit premises,
see Exhibit A attached hereto and made a part hereof).
1.02 This Permit shall be effective from the 21st day of May, 1994 to
the 20th day of August, 1994, at which time Permittee shall vacate said
premi-nPs and remove Permittee's effects therefrom at Permittee's cost, unless
• said 49rmit shall be terminated sooner by virtue of the provisions hereinafter
prov;clad.
ARTICLE TWO
2.01 Permittee hereby agrees that in consideration for the granting of
this Permit, Permittee shall pay to the District the sum of TEN AND NO /100
DOLLARS, receiat of which is hereby acknowledged.
•
0
2.02 In addition thereto, Permittee shall pay on or before the due date
therefor, all real estate taxes, special assessments and all other taxes,
assessments and charges which may be levied against the property or the
District by any governmental authority empowered to do so, on account of
Permittee's use of the Permit Premises.
3.01 Permittee agrees and specifically understands that this Permit is
confined solely to the non-exclusive privilege to Permittee to use the premises
set forth in Article One, and no other; that the authority and permission herein
given does not thereby grant unto Permittee any interest or estate in the said
lands of the District and that the District retains dominion, possession and
control of said lands, including access thereto at all times.
3.0 2 Permittee further agrees and specifically understands that the •
District shall have the right to enter upon the premises herein described for •
the purpose of making such surveys, soil borings or other purposes as may be
deemed necessary by the District in the furtherance of its corporate purpose.
3.03 The District shall not be liable for any loss, cost or damage to the
Permittee by reason of the exercise of the right to make such surveys, soil
borings or other purposes as may be deemed necessary by the District in the
furtherance of its corporate purpose.
4.01 The District hereby reserves the right to terminate this Permit
upon giving thirty (30) days notice, in writing, of such termination to
Permittee and thereupon Permittee shall vacate said premises and remove its
effects therefrom, and restore the premises to the condition existing prior to
Permittee's entry thereon, at Permittee's cost.
4.02 In the event Permittee uses or allows the premises to be used for
any illegal or immoral purposes, or for any purpose other than that
hereinabove specifically provided, or violates any of the provisions hereof,
this Permit may be terminated by the District upon giving three (3) days
notice, in writing, to Permittee, and thereupon Permittee shall forthwith
vacate said premises and remove Permittee's effects therefrom, and restore the
preml3as to the condition existing prior to Permittee's entry thereon, at •
Permii-eP's cost.
4.03 The District shall not be liable to Permittee for any loss, cost or
darrago incurrEd by the Permittee by reason of the exercise of the right of the
District to cancel this Permit.
ARTICLE FIVE
5.01 The Permittee shall be solely responsible for and shall defend,
indemnify, keep and save harmless the District, its Commissioners, officers,
agents and employees, against all injuries, deaths, losses, damages, claims,
patent claims, liens, suits, liabilities, judgments, costs and expenses which
may in any wise accrue, directly or indirectly, against the District, its
Commissioners, officers, agents or employees, in consequence of the granting of
this Permit, or which may in anywise 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 Permittee, or Permittee's
employees, or of any contractor or subcontractor, or their employees, if any,
.2. 0
0
• and the Permittee shall, at Permittee'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 judgment shall be rendered against
the District, its Commissioners, officers, agents or employees, In any
suchaction the Permittee shall, at the Permittee's sole expense, satisfy and
discharge the same.
4`4the same for the purposes for which this Permit Is Issued, shall pro re,
maintain and keep in force, at Permittee's or Permittee's contractors a ense,
public liability and property damage insurance In which the Dis ict, its
Commissioners, officers, agents and employees, are a named insured s well as
fire and extended coverage, and all-risk property insurance which the
District Is named loss payee from a company to be approved y the District,
each afore -referenced policy shall have limits of not less tha
("CLAIMS MADE" policies are unacceptable):
COMPREHENSIVE GENERAL ABILITY
Combined Single Limit Bodil Injury Liability
Property Damage Liability (IncludLability for Environmental
Contamination of Aiss'Zicetha'n
nt Properties)
• in the amount of not $4,000,000.00
per ccurrence
and
ALL RIS PROPERTY INSURANCE
(lac.luding Cover a for Environmental Contamination
of Permit Premises)
in the ount of not less than $4,000,000.00
per Occurrence
INCLUDING
An Amount Not Less Than the
Replacement Cost of Improvements
Located on the Premises*
rior to entering upon said Permit Premises, the Permittee shall furnish
District certificates of such insurance or other suitable evidence that
- 3 -
• *Strike where applicable.
•
Upop • '--`Won requesl, 1/1 V viYC 01.1t1 ib tlf .•
copies of the actual insurance policies within ten (10) da istrict's •
request for same. Such certificates and insura icies shall clearly
Identify the Permit Premises and shall prov no change, modification in
or cancellation of any insurance ecome effective until the expiration of
thirty (30) days after notice thereof shall have been given by the
Insurance co o the District. The provisions of this paragraph shall in no
wi v the liability of the Permittee as set forth in the provisions of 5.01
D
5.02 (b) Permittee prior to entering upon said premises and using the
same for the purposes for which this Permit Is granted, shall prepare and
transmit to the District an acknowledged statement that the Permittee is a
self -insurer, and that it undertakes and promises to insure the District, its
Commissioners, officers, agents, servants and employees on account of risks
and liabilities contemplated by the indemnity provisions of paragraph 5.01
above; and that such statement is issued In lieu of policies of Insurance or
certificates of insurance in which the District, its Commissioners, officers,
agents, servants and employees would be a named or additional insured, and that
it has funds available to cover those liabilities in the respective amounts
therefor, as set forth as follows:
COMPREHENSIVE GENERAL LIABILITY
Combined Single Limit Bodily Injury Liability
Property Damage Liability (Including Liability for Environmental
Contamination of Adjacent Properties) •
in the amount of not less than $4,000,000.00
i per Occurrence
and
ALL RISK PROPERTY INSURANCE
(Including Coverage for Environmental Contamination
of Permit Premises)
?r the amount of not less than $4,000,000.00
per Occurrence
INCLUDING
An Amount Not Less Than the
Replacement Cost of Improvements
Located on the Premises'
This statement shall be signed by such officer or agent of the Permittee having
sufficient knowledge of the fiscal structure and financial status of the
Permittee to make such a statement on behalf of the Permittee and undertake to
assume the financial risk on behalf of the Permittee and will be subject to the
approval of the District.
4 -
'Strike where applicable
•
•
• '
•
lodge with the District, its indemnity bond in the sum of Five Th o tars
($5,000.00), conditioned upon the performance of g", died every condition of
this Permit; such bond shall be irv,�>; , ��� satisfactory to the Attorney for the
District. The furnish' . Me bond required in this Article shall in no wise
limit or liability of the Permittee or its insurance carrier under any
5.04 Permittee expressly understands and agrees that any insurance
protection or bond required by this Permit, or otherwise provided by
Permittee, shall in no way limit the responsibility to defend, indemnify, keep
and save harmless the District, as hereinabove provided.
ARTICLE SIX
is liable
It is further expressly understood that the District shall not be
liable :o the Permittee for any loss, cost, or expense which the Permittee shall
sustain by reason of any damage to its property or business caused by or
gro:virg out of the construction, repair, reconstruction, maintenance,
existence, operation, or failure of any of the sewers, structures, or other
works . or equipment of the District now located or to be constructed on said
preraisaa, or on the land of the District adjacent to said premises.
6.02 The Permittee also agrees that if the District incurs any additional
expense for additional work which the District would not have had to incur if
this Permit had not been executed, then, in that event, the Permittee agrees to
pay to the District such additional expense as determined by the Chief Engineer
of the District, promptly upon rendition of bills therefor to the Permittee.
ARTICLE SEVEN
7.01 It is understood and agreed by and between the parties hereto that
the Permittee shall not erect any structure of any type or kind upon said
premises except with the consent, in writing of the Chief Engineer first had and
obtained.
5 -
7.02 The Permittee, prior to entering upon said premises and using the •
same for the purposes for which this Permit is granted, shall, at Permittee's
sole cost and expense, obtain all permits, consents and licenses which may be
required under any and all statutes, laws, ordinances and regulations of the
District, the United States of America, the State of Illinois, the County, or the
city, village, town or municipality in which the subject property is located,
and furnish to the District suitable evidence thereof.
7.03 The Permittee covenants and agrees not to maintain any nuisance on
the Permit premises which shall be in any manner injurious to the health and
comfort of persons residing or being in the vicinity of said premises, and the
Permittee further covenants and agrees to keep the Permit premises in a clean
and sanitary condition.
7.04 The Permittee covenants and agrees that it shall strictly comply
with any and all statutes, laws, ordinances and regulations of the District, the
United States of America, the State of Illinois, the County and the city, village,
town or municipality in which the subject property is located which in any
manner affect this Permit, any work done hereunder or control or limit in any
way the actions of Permittee, its agents, servants and employees, or of any
contractor or subcontractor of Permittee, or their employees.
7.05 Permittee covenants and agrees that on or before the termination
date of this Permit, Permittee shall remove or cause to be removed, any and all
debris on the premises described in this Permit, and any and all equipment, •
facilities, or other things erected or placed upon said premises, and will yield
up said . premises_ to the District in as good condition as when the same was
entered upon by Permittee. Upon Permittee's failure so to do, the District may
do so at the sole expense and cost of Permittee.
ARTICLE EIGHT
8.01 Ary notice herein provided to be given shall be deemed properly
served if delivered in writing personally or mailed by registered or certified
mail, postage prepaid, return receipt requested to the District in care of the
General Superintendent, 100 East Erie Street, Chicago, Illinois 60611, or to
the Permittee in care of:
City Manager
City of Evanston
2100 North Ridge Avenue
Evanston, Illinois 60201
or such other persons or addresses as either party may from time to time
designate in writing.
- 6 - is
0
• 8.0 2 In the event that the Permittee hereinabove contemplated shall
consist of two or more parties, each and every party shall be jointly and
severally liable for the faithful and complete performance of each and every
provision of this Permit.
8.03 Permittee expressly acknowledges that the District has made no
representations, warranties, express or Implied, as to the adequacy, fitness or
condition of permit premises or the improvements upon the permit premises.
Permittee accepts the permit premises and the Improvements thereon, if any,
`AS -IS" and 'WITH ALL FAULTS". Permittee acknowledges that it has inspected
the permit premises and has satisfied itself as to the adequacy, fitness and
condition thereof.
8.04 Permittee agrees and specifically understands that the District
shall not Issue or execute this Permit and license, unless within 28 days of
Permittee's receipt of this Permit Agreement, Permittee causes same to be duly
executed and returned to the District with evidence of compliance with all
terms contained herein.
8.05 This Permit Agreement shall be mutually cancelable by the
Permittee upon Permittee's giving ninety (90) days notice in writing, of such
cancellation to the District and thereupon Permittee shall vacate said premises
and remove its effects therefrom, and restore the premises to the condition
• existing prior to Permittee's entry thereon, at Permittee's cost.
d . 0 6 If the land is to be used for public use and recreation, Permittee
shall, during the term of this Permit, at its sole cost and expense,
construct,erect am maintain, at one or more prominent locations on the permit
premises, tastefully designed and constructed permanent signs which
ackao,#,r;edge tie cooperation and support of the District in connection with
Permittee's use of the permit premises. The style, text and size of the sign(s)
shall be approved in advance of erection thereof by the Chief of Maintenance and
Operatlnns of :h3 District, and shall, at minimum state that:
"THIS FACILITY IS PROVIDED IN PART AS A COMMUNITY
SERVICE WITH THE COOPERATION AND SUPPORT OF THE
METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO".
ARTICLE NINE
GENERAL ENVIRONMENTAL PROVISIONS
9.01 DEFINITIONS
A. "Environmental Laws" shall mean all present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals,
• _ 7 _
•
plans, authorizations and similar items, of all government agencies, •
departments, commissions, boards, bureaus, or instrumentalities of the United
States, state and political subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees, judgments, orders, notices or
demands relating to industrial hygiene, and the protection of human health or
safety from exposure to Hazardous Materials, or the protection of the
environment in any respect, including without limitation:
( 1 ) all requirements, including, without limitation,
those pertaining to notification, warning, reporting, licens-
ing, permitting, investigation, and remediation of the presence,
creation, manufacture, processing, use, management, distribu-
tion, transportation, treatment, storage, disposal, handling, or
release of Hazardous Materials;
(2) all requirements pertaining to the protection of
employees or the public from exposure to Hazardous
Materials or injuries or harm associated therewith; and
(3) the Comprehensive Environmental Response, Compen-
sation and Liability Act (Superfund or CERCLA) (42 U.S.C. Sec.
9601 e1_ M.), the Resource Conservation and Recovery Act
Act (Solid Waste Disposal Act or RCRA) (42 U.S.C. Sec. 6901
!=j M.), Clean Air Act (42 U.S.C. Sec 7401 gL =.), the •
Federal Water Pollution Control Act (Clean Water Act)
�33 U.S.r. Sec, 1251 deg), the Emergency Planning and
Community Right -to -Know Act (42 U.S.C. Sec. 11001 gL se . ,
the Toxic Substances Control Act (15 U.S.C. Sec, 2601 et
"4.), the National Environmental Policy Act (42 U.S.C. Sec.
4?21 9-t soq.), the Rivers and Harbors Act of 1988 (33 U.S.C.
Sec. 401 et M.), the Endangered Species Act of 1973 (16 U.S.C.
.ec. 1531 of eeq.), the Safe Drinking Water Act (42 U.S.C.Sec.
300 (f) et seq., the Illinois Environmental Protection Act
(415 ILCS 5/1 et sea.) and all rules, regulations and guidance
documents promulgated or published thereunder, Occupational
Safety and Health Act (29 U.S.C. Sec. 651 gi =.) and all
similar state, local and municipal laws relating to public health,
safety or the environment.
B. "Hazardous Materials" shall mean:
(1) any and all asbestos, natural gas, synthetic
gas, liquefied natural gas, gasoline, diesel fuel, petro-
leum, petroleum products, petroleum hydrocarbons, petro-
leum by-products, petroleum derivatives, crude oil and
. 8 . •
0
•
•
any fraction of it, polychlorinated biphenyls (PCBs),
trichloroethylene, ureaformaldehyde and radon gas;
(2)
any substance (whether
solid, liquid or
gaseous
in nature), the
presence of
which (without re-
gard to
action level, concentration or
quantity threshold
requires
investigation or
remediation
under any federal,
state or
local statute,
regulation,
ordinance, order,
action, policy
or common
law;
(3) any substance (whether solid, liquid or gaseous
In nature) which Is toxic, explosive, corrosive, flam-
mable, infectious, radioactive, carcinogenic, mutagenic,
or otherwise hazardous or dangerous;
(4) any substance (whether solid, liquid or gaseous
in nature) the presence of which could cause or threaten
to cause a nuisance upon the area subject to. Permit or
to adjacent properties or pose or threaten to pose a hazard-
ous threat to the health or safety of persons on or about
such properties;
(5) any substance (whether solid, liquid or gaseous
• In nature) the presence of which on adjacent properties
could constitute trespass by or against Permittee or District;
(6) any materials, waste, chemicals and sub-
stances, whether solid, liquid or gaseous in nature, now
or hereafter defined, listed, characterized or referred to
m any Environmental Laws as "hazardous substances,"
"hazardous waste," "infectious waste," "medical waste,"
"extremely hazardous waste," "hazardous materials,"
"toxic chzriicals," "toxic substances," "toxic waste,"
"toxic materials," "contaminants," "pollutants,"
"carcinogens," "reproductive toxicants," or any variant
or similar designations;
(7) any other substance (whether solid, liquid or
gaseous in nature) which is now or hereafter regulated or
controlled under any Environmental Laws (without regard
to the action levels, concentrations or quantity thresholds
specified herein); or
(8) any result of the mixing or addition of any of the
substances described in this Subsection B with or to other
• materials.
C. "Phase I Environmental Assessment" shall mean: •
(1) environmental assessments of real estate, bedrock
and groundwater of the type found on the Permit Premises and
said assessment shall include, but not necessarily be limited
to a historical review of the use (abuse) of the Permit
Premises, a review of the utilization and maintenance of
hazardous materials on the Permit Premises review of the
Permit Premises' permit and enforcement history (by re-
view of regulatory agency records), a site reconnaissance and
physical survey, inspection of Permit Premises, site inter-
views and site history evaluations, basic engineering
analyses of the risks to human health and the environ-
ment of any areas of identified concerns, and prepara-
tion of a written report which discusses history, site
land use, apparent regulatory compliance or lack thereof
and which includes historical summary, proximity to and
location of USTs, LUSTs, TSDFs, CERCLA site flood plain,
maps, photograph log references, conclusions and recommenda-
tions.
D. "Phase If Environmental Assessment" shall mean:
(1) an assessment of the Permit Premises and a reasonable
area of the adjacent property owned by the District performed by an •
independent and duly qualified, licensed engineer with experi-
ence and expertise in conducting environmental assessments of real
estate, bedrock and groundwater of the type found on the
Permit Premises and said assessment shall include, but not neces-
sarily b3 limited to, extensive sampling of soils, groundwaters
and strurt,irPs, followed by laboratory analysis of these samples
and interpretation of the results, and preparation of a written re-
tort wiiii boring logs, photograph logs, maps, investigative proce-
Jures, results, conclusions and recommendations.
9.02 MANUFACTURE, USE, STORAGE, TRANSFER OR DISTRIBUTION OF
HAZARDOUS MATERIALS UPON OR WITHIN THE PERMIT
Permittee, for itself, its heirs, executors, administrators, and
successors covenants that to the extent that any Hazardous Materials are
manufactured, brought upon, placed, stored, transferred, conveyed or
distributed upon or within the Permit Premises, by Permittee or its subtenant
or assigns, or any of its agents, servants, employees, contractors or
subcontractors, same shall be done in strict compliance with all Environmental
Laws.
- 10 - •
•
0-
Construction or installation of new or reconstruction of any
underground Interconnecting conveyance facilities for any material or
substance is D_Qj permitted without the advance written consent of the Chief
Engineer of the District.
9.03 USE OF PREMISES (RESTRICTIONS - ENVIRONMENTAL)
Permittee shall use the Permit Premises only for purposes expressly
authorized by Article 1.01 of this Permit
Agreement. Permittee will not do or
permit any act that may impair the value
of the Permit Premises or any part
thereof or that could materially increase
the dangers, or pose an
unreasonable risk of harm, to the
health or safety of persons to third
parties (on or off the Permit Premises) arising from activities thereon, or
that could cause or threaten to cause
a public or private nuisance on the
Permit Premises or use Permit Premises in any manner (1) which could
cause the Permit Premises to become a
hazardous waste treatment, storage,
or disposal facility within the meaning
of, or otherwise bring the Permit
Premises within the ambit of, the Resource
Conservation and Recovery Act of
1976, Section 6901 et sea. of Title 42
of the United States Code, or any
similar state law or local ordinance, (ii)
so as to cause a release or threat
of release of Hazardous Materials from the Permit Premises within the meaning
of, or otherwise bring the Easement
Premises within the ambit of, the
Comprehensive Environmental Response,
Compensation and Liability Act of
1980,
Section 9601 et sea. of Title 42 of the United States Code, or
any
similar
• state law or local ordinance or :any other Environmental Law or (iii)
so
as to
cause
-a discharge of pollutants or effluents into any water source or
system,
or
the - discharge intn the air of any any emissions, which would require
a
permit
under.
the Federal Water Pollution Control Act, Section 1251 of Title
33
of the
United
States rode, or the Clean Air Act, Section 741 of Title 42 of
the
United
States
Code, or 3ry similar state law or local ordinance.
9.04 CONDITION OF PROPERTY (ENVIRONMENTAL)
A. In the event Permittee has used the Permit Premises under a
prior Permit agreement,
Permittee
warrants and represents that as
a
result of the Permit
grant, the
Permit Premises and improvements
thereon, including all
personal
property, have not been exposed
to
release,contami nation by
any Hazardous Materials, that there has not been
thereon a
release, discharge, or emission, of
any Hazardous Materials during
its
occupancy of the premises
as defined by any Environmental Laws, and
that
the Permit Premises
does not
contain, or is not affected
by
underground storage tanks, landfills,
land disposal sites, or dumps.
• B. In the event of
Hazardous Materials in, on,
improvements thereon, during
•
a release, emission, discharge, or disposal of
under, or about the Permit Premises or the
the term of this Permit (except such release,
- 11 -
•
emission, discharge or disposal by the District, its employees, agents or its
other permittees. Permittee will take all appropriate; response action,
Including any removal and remedial action after the execution date of this
Permit Agreement.
9.05 INDEMNIFICATION (ENVIRONMENTAL)
A. In consideration of the execution and delivery of this Permit
Agreement, the Permittee Indemnifies, exonerates, and holds the District and
its officers, officials, Commissioners, employees, and agents ("Indemnified
Parties") free and harmless from and against any and all actions, causes of
action, suits, losses, costs, liabilities and damages and expenses incurred in
connection with any of these (irrespective of whether any such Indemnified
Party is a party to the action for which indemnification is here sought,
Including reasonable attorney's fees, costs and disbursements, incurred by the
Indemnified Parties as a result of or arising out of or relating to (i) the
imposition of any governmental lien for the recovery of environmental cleanup
costs expended by reason of Permittee's activities, or (ii) any investigation,
litigation, or proceeding related to any environmental response, audit,
compliance, or other matter relating to the protection of the environment,
resulting from or related to Permittee's activities, or (III) the release or
threatened release by Permittee, its subsidiaries, or its parent company, of
any Hazardous Materials, or the presence of Hazardous Materials on or under
the Permit Premises, (except such presence created by the District, its .
employees, agents or its other permittees), or any property to which the
Permittee, its parent company or any of its subsidiaries has sent Hazardous
Mater;a.s, (including any losses, liabilities, damages, injuries, costs,
expenses, or claims asserted or arising under any Environmental Law), to the
extent caused by or within the control of the Permittee, its parent company or
its silbsidiariea. provided that, to the extent District is strictly liable under
any Environmental Laws, Perm!ttee's obligation to District under this
indemnity shal, be without regard to fault on the part of the Permittee with
respect_ .o the violation of law which results in liability to the District.
9.06 ENVIRONMENTAL COVENANTS
Permittee agrees to and covenants as follows:
A. Permittee covenants and agrees that, throughout the term of the
Permit Agreement, all Hazardous Materials which may b e used by Permittee or
person permitted by Permittee upon the Permit Premises shall be used or
stored thereon only in a safe, approved . manner, in accordance with all
generally accepted industrial standards and all Environmental Laws.
12 -
•
•
C7
•
•
B. Permittee has been issued and is in compliance with all permits,
certificates, approvals, licenses, and other authorizations relating to environ-
mental matters and necessary for Its business, if any.
C. Permittee, to the best of its knowledge, is not a potentially
responsible party with respect to any other facility receiving waste of the
Permittee (whether or not from the Permit Premises) under CERCLA or under
any statute providing for financial responsibility of private parties for cleanup
or other actions with respect to the release or threatened release of any
Hazardous Materials.
D. Permittee will take all reasonable steps to prevent a violation of
any Environmental Laws and to assure that there will be no spill, discharge,
leaks, emission, injection, escape, dumping, or release of any toxic or
Hazardous Materials by any persons on the area to be used and under the Permit
Agreement.
E. Permittee will not allow the installation of asbestos on the area
described in Exhibit A or any item, article, container or electrical equipment,
Including, but not limited to, transformers, capacitors, circuit breakers,
reciosers, voltage regulators, switches, electro-magnets and cable, containing
PCBs.
F. The aforesaid representations and warranties shall be survive the
expiration or termination of the Permit Agreement.
9.07 COVENANTS (ENVIRONMENTAL)
Permittee shall cause its contractors, subcontractors, employees and
agents to:
e. ( 1 ) Use and operate all of the Permit Premises in compli-
ance with -. III applicable Environmental Laws, keep all material per-
mits. approvals, certificates, and licenses in effect and remain in
material compliance with them;
( 2 ) undertake reasonable and cost-effective measures to mini-
mize any immediate environmental impact t of any spill or leak of any
Hazardous Materials caused or permitted by Permittee;
B. Notify District by telephone within two hours of the release of
Hazardous Materials, including the extent to which the identity of
the Hazardous Materials is known, the quantity thereof and the
cause(s) of the release, and provide District within 72 hours of
13 -
•
the event, with copies of all written notices by Permittee, its •
parent and Its subsidiaries that are reported to government
regulators or received from the governmental regulators.
C. Provide such Information that District may reasonably request
from time to time to determine compliance by the Permittee with this
Article.
D. Permittee covenants and agrees to cooperate with District in any
inspection, assessment, monitoring or remediation instituted by
District during the Permit Agreement.
9.08 COMPLIANCE (ENVIRONMENTAL)
The Permittee will cause its contractors, subcontractors, employees and
agents, if any, to exercise due diligence to comply with all applicable treaties,
laws, rules, regulations, and orders of any government authority.
A. in the event of a spiil,leak or release of hazardous waste carried by
Permittee, its employees or its agents, Permittee shall conduct a Phase I
Environmental Assessment, at its own expense, with respect to the Permit
Premises and a reasonable area of the adjacent property owned by the District,
and submit the written report to the District within 90 days after the spill, •
leak or discharge. After review of each Phase I Environmental Assessment,
District, at its sole discretion, may require Permittee, at Permittee's expense,
to obtain a Phase II Environmental Assessment with respect to the premises
used under the Permit Agreement. The written report of the Phase II
Enva-unmental Assessment shall be submitted to District within 120 days of
District's request for same. If the Phase II Assessment discloses the presence
of any Hazard-3us Materials contamination on the Permit Premises or adjacent
premises, Permittee shall take immediate action to remediate the
contarni ation arrd to restore the Permit Premises described in Exhibit A and
adjarPnt premises owned by the District to a clean and sanitary condition and to
the extent required by any and all environmental laws.
P. Capacitors, transformers, or other environmentally sensitive
installations or improvements shall be removed at the end of the Permit
Agreement, at District's election.
C. If any Environmental Assessment reveals, or District otherwise
becomes aware of, the existence of any violation of any Environmental Laws that
either Permittee is unwilling to remediate or that District is unwilling to
accept, District shall have the right and option to terminate this Agreement and
to declare it null and void.
14 -
•
•
L J
• D. In the event Permittee should receive a Notice of Environmental
Problem, Permittee shall promptly provide a copy to the District, and in no
event later than seventy-two (72) hours from Permittee's and any tenant's
receipt or submission thereof. "Notice of Environmental Problem" shall mean
any notice, letter, citation, order, warning, complaint, inquiry, claim, or
demand that: (1) the Permittee has violated, or is about to violate, any
Environmental Laws; (!!)there has been a release, or there is a threat: of
release, of Hazardous Materials, on the Permit premises, or any improvements
thereon; (III) the Permittee will be liable, in whole or in part, for the costs of
cleaning up, remediating, removing, or responding to a release of Hazardous
Materials; (Iv) any part of the Permit Premises or any improvements thereon
is subject to a lien in favor of any governmental entity for any liability, costs,
or damages, under any Environmental Laws, arising from or costs incurred by
such government entity in response to a release of Hazardous Materials,
Permittee shall promptly provide a copy to the District, and in no event later
than seventy-two (72) hours from Permittee's and any tenant's receipt or
submission thereof.
9.09 INSPECTION AND RIGHT OF INSPECTION (ENVIRONMENTAL)
A. In the event Permittee gives notice pursuant to the provisions of
Notice of Environmental Problem, within ninety (90) days Permittee shall
• submit to District a written report of a site assessment and environmental
audit, In scope, form and substance and prepared by an independent, competent
and qualified, professional, registered engineer, satisfactory to the District,
showing that the engineer made all appropriate; inquiry consistent with good
commercial and customary practice, such that, consistent with generally
accepted engineering practice and procedure, no evidence or indication came to
light vinich would suggest there was a release of substances on the Site or
Property which could necessitate an environmental response action, and which
demonstrates that the Site and Property complies with, and does not deviate
fron, all appliccble environmental statues, laws, ordinances, rules and
reglilAflons, including licenses, permits, or certificates required thereunder,
and that the Permittee is in compliance with, and has not deviated from, the
represpntatlons _ srd warranties previously set forth.
•
•
B. District hereby expressly reserves to itself, its agents, attorneys,
employees, consultants, and contractors, an irrevocable license and
authorization to enter upon and inspect the Permit Premises and improvements
thereon, and perform such tests, including without limitation, subsurface
testing, soils, and groundwater testing, and other tests which may physically
invade the Permit Premises or .improvements thereon, as the District, in its
sole discretion, determines is necessary to protect its interests.
- 15 -
F •
C. Paragraphs 5.02(a) and 5.03 hereof, which have been crossed out, •
are expressly excluded as operative terms of this permit.
ARTICLE TEN
10.01 District facilities in the area must be safeguarded and fee
vehicular access maintained at all times including access for heavy construction
equipment such as cranes, etc.
10.02 No trees shall be cut or damaged on District property.
10.0 3 The Issuance of this permit is subject to the written consent
of the Skokie Park District.
IN WITNESS WHEREOF, on the day and year first above written, the
parties hereto have caused these presents, including Riders and Exhibits, if
any, to be duly executed, duly attested and their corporate seals to be hereunto
affixed.
THE METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
By: ...................................
Chairman, Committee on Finance
ATTEST:
— ---------------------------------------
Clerk
CITY OF EVANSTON
By: ...................................
Its:
Ti-----------------------------
Title
ATTEST:
-----------------------------------------
Its:
Title
-------------------------------------
•
- 16 -
MAIN STREET
11� ' p
O
R Or
._._ __...._..._ __.-U .. ..-' f�.�•- --w --- � ---- -•--- - �OhS�rut.�+oh---�GSPh��=� .. .
G �M,ed use Ct rea�
IIN1
r 3
feP',
I�-33 0 —�-�� •-�
ren6,e
t i
EXH-IBIT /�
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
1, Theodore Williamson, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that Nancy Drew Sheehan, 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 Mary C. West, 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 this
My Commission Expires:
day of
NOTARY PUBLIC
•
•
A.D. 1994. ,
•
r1
U
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
1, , a Notary Public in and for said County, in the
State aforesaid, DO HEREBY CERTIFY that , personally
known to me to be the President of
a 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
President and such Clerk (Secretary) they signed
and delivered the said instrument as
President and such Clerk (Secretary) of said
corporation and caused the corporate seal of said
corporation to be affixed thereto pursuant to authority given by the Board of
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. 19_.
My Commission Expires:
0
NOTARY PUBLIC
APPROVED AS TO FORM AND LEGALITY:
----------------------------------------------------------
Head Assistant Attorney
-------------------------------------------------------- •
Attorney
APPROVED:
---------------------------------------------------------
General Superintendent
•
•