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HomeMy WebLinkAboutEasement Agreement for east side of North Shore channelftEV. 3-14-05 E.AACEfdENT A tRJEEMENT (4rnoa/Tnnease-EnvJronmenW/) THIS AGREEMENT, made and entered Into this 16'" day of May, 2006r by and between the METROPOLITAN WATER RECLAMATION DISTRICT Of GREATER CHI- CAGO, a municipal corporation organized and existing under the laws Of tha SMW of Illinois, hereinafter called the "District" and the CITY OF EVANSTON, hereinafter called the"Grantee." WHEREAS, the Grantee desires a 25-year non-exclusive easement for Comm - mod use of a 20' x 265 strip of land along and under the east side of the North Shore Channel at Cleveland Sheet, extended, in Skokie, Illinois, to construtt, reconstand, operate, maintain, repair and remove a 60 inch diameter storm sewer system Ono outfall to serve the southeast quadrant of the City of Evanston, Illinois on the real estate described and depicted in Exhibit A which is attached hereto and made a part hereof, and WHEREAS, Me District Is willing to grant to the Grantee the easement afore- said upon the conditions hereinafter set forth; NOW, THEREFORE, for and in consideration of the representations, cove - agreconditions, undertakings, and agreements herein made, Me parties hereto e as follows: 3rii The and authority fora 5 years the commencing on March 1 ,easement, right. privilege and h 16, 203 for 25 years commencing on March co curve and noting pe March ain ain, r for the sole and a60Inch exclusive purpose to concurred, se er construct, operate, maintain, repair and remove a 60 he C diameter storm sewer system and par col to serve the sometimes c quadrant of the City of Evanston, Illinois hereinafter for convenience sometimes called "improvements and Facilitieso the read estate legally tlesaibed and depicted in Exhibit A which Is attached hereto and mIDtle a part hereof, hereinafter called the "Easement Premises". 1,02 The Oistrict reserves the right of access to and use of the surface of the easement premises. 1,03 The Grantee covenants and agrees in consideration or the grant of said easement to pay to the District an Initial annual easement fee in the amount of ONE AND OD/SOD DOLLARS ($ 1.00 ) per year, the Had. annual installment of which is payable contemporaneously with Grantee's execution and delivery hereof. 1.04 In addition to the aforesaid, the Grantee shall also pay, when due, all real estate taxes and nesassments that may be levied, charged or imposed upon or against the Easement Premises described and depicted in Exhibit A and submit to the District evidence of such payment within 30 days thereafter, ART15t,[_'r & 2.01 The construction and installation of the Improvements and Facilities of the Grantee on toe Easement Premises shail be In accordance with plans and speob ficabons Merefor prepared at Green&s expense and supplied to the District by the Grantee. No work shall commence until said plans and spedflcations have been approved in writing by the Chief Engineer of the Distrct. 2.02 The construction and installation of da, Impravements add Facilities by the Grantee on the Easement Premises shall be done to the sags£acron of the Chief Engineer of the District 2.D3 Gran[e¢shdll rnnsMucp Install, operate, Maintain antl remove the 9m ,avements and Facilities', in a good and workmanlike manner at its sole cost, risk and expense. 2.04 The Grantee shall compensate the District for any additional costs that the District may sustaln in any future construction of sewers, reservoirs or any other surface or underground structures mused by the pmsences of the improve- ments and Facilities of the Grantee on the Easement Premises. 2.05 The Grantee shall relocate or remove the Impiovem¢nts and Facilities existing or constructed upon the Easement Premises at no cost to the District: A. In the event that Me subect premises are adjacent to any chan- nel, waterway or reservoir, and said channel, waterway or reser- voir is to be widened by the District or any other governmental agency; or G, In the event that any agency of government, having Jurisdiction over saitl channel, waterway or reservoir requires the relocation or removal of to improvem¢nmp or C. In the event that saitl relocation or removal Is required for the emperor. Purposes of the Dur ret. MICILLTIAM9 3.01 The District expressly retains its interest In and rights to the use and occupatldn of the Easement Premises subject to the easement rights henna granted, and the Disbict may .at farther easements, assign, sell or lease the some to other parties subject in the Grantee's right or use and a reasonable means of access to said Improvements and Facilities for construction, reconstruction, op - oration, maintenance, repair or removal thereof. 2 3.02 The Grantee shall be solely responsible for and shall defend, Ica demnify, keep and save harmless the Dapict, its Commissioners, officers, agents and employees, against all Injuries, deaths, losses, damages, claims, patent same, liens, suits, liabgities, judgments, casts and expenses which may In any wise ac- crue, directly or indirectly, against the District, its Commissioners, indents, agents or employees, In Consequence of the granting of this Easement, or which may In anywheoicault therefrom or from any work done hereunder, whether o of It shall be alleged or determined that the act was caused through negligence or fission of the Grantee or Grantee's contracts, subcontractors or their agents and the Grantee shall, at Gmmee'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 such action, the Grantee shall, at the Grantee's sole expense, satisfy and discharge the same provided that Grantee shall first have been given prior notice of the suit in which judgment has been or shall be roadwork Grantee shall have been given an opportunity to defend the same and the District shall have given Grantee its full cooperation. Interco as. Greedy understands and agrees that any perrarmance bond or insurance protection required by this Easement, or otherwise provided by Grantee, shall in no way limit the responsibility to Indemnify, keep and save harmless and defend the Oistdm as herein provided. 3,03 (a) The Grantee, paler to entering upon said premises and using the me for the purposes for which this Easement Is granted, shall procure, maintain and keep In force, at Grantee's expense, the following public liability and property damage insurance ,n which the District, Its Comse shmers, officers, agents and employees, are a named insured as well as fire and extended coverage, and ail -risk property Insurance ("CLAIMS MADE" policies are unacceptable) in which the District is named loss payee from a company to be approved by the District, each aforo- referenced policy shall have limits of not less than tie following: COMPREHENSIVE GENERAL L[ABILIIY Combined Single Limit Bodily Injury Liability property Damage Liability (Including Liability for Environmental Contamination of Adjacent Properties) ,n the amount of not less than $4,OOOrDO0.D0 per Occurrence and ALL RISK PROPERTY INSURANCE (Including Coverage for Environmental Contamination of Easement Premises) in the amount of not less than $4,0000000.00 per Occurrence. Prior to entering upon said premises, and thereafter on the annivorssry date of sucM1 policies, the Grantee shall furnish fo Me pshict certid®tes o(such insur� once or other suitable evidence that such insurance coverage has been procured and is maintained in full force and effecl, Upon DiefficCs written request, Grantee Shelf provide District with copies of the actual insurance policies within to (10) days of District's request for some. Such certificatos and Insurance Policies shall clearly identify the premises and shall provide that no change, madihtaation In or cancellation of any insurance shall become effective until the expiration of thirty (30) days after Written notice thereof shall have been given by the insurance com- pany to the District. The provisions of this paragraph shall in no Wise limit the if - ability of the Grantee as set rorth in the provisions of paragraph 4.02 above, or 3,03 (b) The Grantee prior to entering upon said premises and usng the me for the purposes for which this Easement is granted, shall prepare and trans- mit to the District an acknowledged statement that the Grantee is aself-insurer, and that it undertakes and promises W basin the DiKrkt, its Commissioners, Ofh- gents, servants and employees on account of risks and liabilities cxi plated by Oho indemnity provisions of this Easement (Article Four, Paragraph 4.02) above{ and that such statement is issued in lieu of policies of insurance or condfi- s of Insurance In which the Diatdra its Commissioners, officers, agents, ser- vanes employees would be a named or additional insured, and that it has funds available to cover [hose BabiliHes in the respective amounts therefor, as set forth as follows: COMPREHENSIVE GENERAL LIABILITY Combined Single Limit Bodily Injury Liability Property Damage Liability (Induding Liability for Environmental Contamination of Adjacent Properbel In me amount of not less than $4,Doo,o00.00 per Occurrence and ALL RISK PROPERTY INSURANCE (Including coverage for Environmental Contaminaton of Easement Premises) ,n the amount of not less than 34,OOopo0.00 Per Occurrence, This statement shall be signed by such officer at agent of the Grantee having sufficient knowledge of the eh al s f the G and and Un status of the Grantee, to make such a natemem on behalf of the Grantee and uno the a to assume the fi- nancial risk on behalf of Me Grantee and will be subject ¢o the approval of the D:s- tiR. ARncte.FDva 4,01 In the event of any default on the part of the Grantee to faithfully keep and perform all sing4lar the co pants, agreements and undertakings herein agreed by It to be kept and Performed, or If said Improvements and Facilities are abandoned, the District shall give the Grantee notice in writing of such default or abandonment, and if such default or abandonment shall not hove been rectified within thhty (30) days after mcaipt of such notice by tine Grantee, all rights and privileges granted herein by the District to the Grantee may be terminated by the District, and upon such termination, the Grantea shall immediately vacate the Easement Premises and remove its Improvements and Facilities from said real es- tate and restore the land to its condition prior to Grantee's entry thereon, all at the sole cost of the Grantee. 4.02 Tit. Go nnee shall he. the right to give the District written nonce to cease and terminate all rights and divllegas under this agreement. In the event of such termination, the Grantee shall have a period of one -hundred twenty (120) days Dom and after such termination date to remove the Improvements and Fort - ties and be teetere the land to Rs original condition at no cost to the District The oxplraxicn of said removal and restoration date shall in no event extend beyond the expiration data of this Easement 4.03 The Grannie understands and agrees that upon the expiration of this Easement, Grantee shall have removed or caused be be removed its Improvements and Facilities and any othm things which Grantee has erected or placed upon said Easement Premises. Grantee further agrees to yield up said Easement Premises in as good condition as when the same was entered upon by fife Grantee. Upon Grantee's failure to do so, file District may do so at the sole expense and cast of Grantee. 4.04 Grantee expressly, understands and agrees that any insurance gorec- Don or bond required by this Easement, or otherwise provided by Grantee, shall in no way limit the responsibility W defend, indemnify, lace, and save harmless the District, as herelnabove provided. ARTICLE EWE 5.01 The Grantee also agrees that if the District incurs any additional ex- pense for additional work which the District would not have bad to incur if this Easement had not been executed, then, in that even, the Grantee agrees to pay to Me District such additional expense as determined by the Chief Engineer of the Dis- trict, promptly upon rendition of bills therefor to the Goatee. 5.02 The Grantee covenant and agrees that it will reimburse the Dhshitt, make all necessary repalm at its sot. cost and expense and otherwise keep and save harmless the District from any toss, cost or expense arising out of the g.arm, of this Easement sur£eredi to property of the DirtHct by way of damage to or de- drudion thereof, caused by any act or omission of the Grantee, Grantee's agents, employees, contractors, subcontractors, or anyone abrading through or on behalf Of Grantee, its agents, employees, damucors, or mbeantracors. 5,fa Its, cast at oftifis which the Gi Distdd all summit liable to the Grantee for any loss, cost or expense whicM1 the Grantee shall sustain by reason of any damage to its property or business used by or growing out of the coBarua- Siory repair, mconsimcelon, meinteamme, existence, operation or failure of any of the sewers, sltnceres, channels or other works or equipment of the District now located or to be constructed on said Easement Premises, or on the land of the Dis- Our adjacent to said Easement Premises. A-9T . LSE rail_f 6.01 Detailed plans of subsequent construction or matenal alteration of the Grantee's Improvements and Eacilities sbell first be submitted to the Chia Em gamer of no District for approval. Construction work shall not begin until such ap- proval is given to Grantee In Writing. 6.02 On or before the commencement of the last five-year period of the Easement term hereunder, Grantee shall lodge with the Grantor Its Environmental Site Restoration/Remedlotion Bond in the penal sum of $5,000.00, secured either by cash, hrevomble letter of aediq or a commercial hand with safety to sets. Grantee's performance of and compliance with the provisions and intent of Article 10 of this Lease. A cash payment somning the bond hereunder will be placed In an real mameat amount established by the Grantor specifically far Of$ purpose. Any interest paid on account of said deposit shall be fire property of and payable perlodich Ily to the Grantee. Such account shall be towable only by Lessor upon Its unilateral act. At no time shall the amount an deposit in said account be less than tho venal sum of this Bond, Any commercial bond With surety shall be fully prepaid by the Grantee aad riocumented as such at the time it is lodged with the Grantor. Said Bond shall be In a form approved by the Greater and shall be malnlainad in all force aad effect until such time as Branum ices demonstrated aad documented to the reasonable satisfaction of Grantor (and Grantor, has executed its written release thereof to the Issuer), full ..Pines. with all Environmental laws relating to Grantee's use or occupancy of the Demised premises and its environmental msroro- tion or mayediatien. This provision shall survive the termination/explation of this Easement. 6.03 Any notice hcmin provided to bra 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 ore of the General superintendent, 100 East Erie Street, Chicago, Illinois 60611, or to the Grantee In ore of: Mr. Tom Burke Director of Transportation/City Engineer 2100 Ridge Avenue Evanston, Bloats 60201 or to such no, persons or addreesas as either party may from time to time derg- hote. AMOLIFE SEVEN 0.01 The Grantee, prior to entering upon sold premises and using the same for the purposes for which this Easement is quarter, shall, at Grantee's sole cost and expense, obtain all permits, Consents and licenses which may be required under any and all statutes, lamrs, ordinances and regulations of the Monist, the United States of America, the State of Illinois, the county, or the city, village, we'. or ma- Ndp.lity in which On. subject property is lowmed, and furnish to the District and - able evidence thereof. 7.02 The Grantee covenants and agrees that it shall strictly comply w4h any and all statutes, laws, ordinances and regulations of Lire District, the United States of America, the State of Illinois, the county antl the city, vdiage, low. or municipal. ity in which the subject property is located, which in any manner affects this Ease- ment, any work done hereunder or Control or limit in any way the actions of Grantee, IN agents, servants and employees, or of any contractor or subcontmotm of Grantee, or their employees. 7.03 The Grantee agrees W protect all existing Dirtdct facilities within the Easement Premises, Including, but not limited to, intercepting sewers, sludge lines, utility lines, reporters, connecting structures, siphons and manholes. 7.04 No blockage or restriction of Raw in the water will be tolerated at any thee. No construction or improvements of any tied con project fern the waterway during construction or after permanent repairs are completed. 7.05 Goatee agrees to abide by and Implement the District's Waterway Strategy Resolution as adopted by the Mbist's Board of Commissioners, and at- tached hereto as Exhibit a and made a part hereof. APTTCLESIG T 8.01 The Grantee shall not yoluntarily or by operation of law assign, or oth- erwise transfer or encumber all or any part of Grantees' interest in this Easement or In the P,ehrlsee to any oit,., governmental agency, Mdividual, partnership, joint woMem, corporation, lead trust or other entity without ptim written consent of the District. 8.02 A change in the control of the immune, shall constitute an assignment requiring the Dishkt's consent The transfer of a cumulative basis of the tweoty- ❑va percent (2501a) or more of the cumulative voting control of Grantee site[[ consti- tuM a donge In control for this purpose. 8.03 Grantee shall notify the District in writing not less that sixty (60) days prior to any proposed assignment or transfer of interest in this Easement Grantee shall identify the name and address of the proposed assignee/transferee and us- iwer to the District original or confined copies of the proposed amignmen4 a noted of assignee's parsonal and financial ability to comply With all the terms and condo tfons of tire Easement Agrzament antl any amet Information or documentation re- quested by the Devaict. The District shall not unreasonably withhold the consent W assignment or transfer. 6.04 Any attempted alignment or transfer of any type not in compliance with these sections shall be void and without force and effect. ARTICLE NINE f.�Ff�F,,JI�9DNMENTPROVIjIOtJS 4.01 01 DEFINITIONS A. "Environmental Laws- shall mean all present and future statutes, re9uidum,s rules, oodmanWu, codes, licenses, permits, orders, approvals, plans, authorizations and similar game, of all govern- ment agencies, departments, commissions, boards, bureaus, or andam entalities of the United States, state and poliUcol subdiv). sions thereof and all appiimble judicial, odmimPtraCrve, and raga- lotory decrees, judgments, orders, notices or demandsrelat- ban W industrial hygiene, and the protection of human healthor safety from exposure to Haeardoas Materials, or the protection of the environment in any respect, Including wimout limitation: (1) ail requirements, including, without limitation, thooe pertainingtonmikurtar, warning, repay ing, licensing, permid§ng, Investigation, and ame- diation of the presence, creation, manufacture, processing, usq managamem distribution, trans- porbodory treatment, storage, disposal, handling, or release of H3aaOhms Materials; (2) ail requirements portumbi, to me protection of employees or the public from exposure to Haz- ardous Materials or Injuries or harm assnnsted therewith; and (3) the Comprehensive Environmental Response, Com- pensation and Liability Act (Soperfmal or CERCIA) (42 U.S.C. Sec. 9601 gt seyJ, the Resource Con- servation and Recovery Act (Solid Waste Disposal Act or RCRA) (42 U.S.C. See. 69DI g1 bad.), Clean Alt Act (42 U.S.C. Soc 7401 gt M). the pectoral Water Pollution Control Act (Clean Water Act) (33 U.S.C. Sec, 12SI lot, ggq„), the Emergency Plan- ning and Community Righl,W-Know Act (42 U.S.C. Sec. 1100, et- sey0, the Toxic Substances Control Act (15 U.S.C. Sec, 2601 at sea.), the National Eltdols m ntal Policy Act (42 U.S.C. Sec. 432145 sgg.), the Rivers and Harbors Act of 1989 (33 U.S.C. Sec. 401 et 8�.), the Endangered Species Act of 1923 (16 U.S.C. Sec. 1531 g{ ggg.), the Safe could, water Act (42 U.S.C. Sec. 300 (f) -.gk 5gq., the Illinois Environmental Protection Act (415 ILLS 5/1 at and all rules, regulations angui d dance documents pmued,amc! or got. fished thereunder, Occupational Safety and Health Act (29 U.S.C. Sec. 651 g1 vq) and all similar state, local and munldpal laws relating W public health, safety ar the envim.... I. 6. 'Warzardous Materiels'shell mean: (1) any and all asbestos, natural gas, synthetic gas, liquefied natural gas, gasoline, diesel fuel, petro- leum, petroleum products, petroleum hydrator - bons, petroleum by-products, petroleum dcdva- fivas, ands oil and any fraction of it, polychlorinated biphenyls (PCBs), Rholdomethyi- sen, ureaformaldehyde and radon gas; (2) any substance(.harbor solid, liquid or gaseous in nature), the presence of which (without regard to m ilan level, concentration or quantity threshold requires Investigation or mmodiation antl., any red..), stake or IOW) statute, regulation, old! - .,do, We., poll, m wmmon fowl (3) any subsume¢ (whether solid, liquid or gaseous in nature) which is toxic, explosive, con'asive, flam- mable, infectwas, radioactive, carcinogenic, mu- Wgenia, or otherwise hazardous or dangerous; (4) any wbsunce (whether solid, liquid or gaseous in Nature) the presence of which mold muse or threaten to cause a nuisance upon theafeasub- lect to easement or to adjacent properties or pose or threaten W pose a hazardous threat to the health or safoty of persons on or about such prop- erties; (5) any substance (whether solid, brain or gaseous in nature) the presence of which an adjacent prop- endue could constitute trespass by or against Grantee or Districh (6) a" materials, waste, chemicals and substances, whether solid, liquid or gaseous in nature, now or hereafter dolimal listed, characterized or referred to in any Environmental flaws as "hazardous sub- stances," "hazardous waste," "infectious waste," medical waste," "extremely hazardous wastes' "hazardous matermis,c "toxic chemicals," "toxic substancos,"'Uxic waste;'^toxic materials,"'con- nminants," "pollutants," %ardnogens," "reprolac- blue toxicants," or any veriantor similar designo- gons (7) any other substance (whether solid, liquid or gaseous in nature) which is now or hereafter logo- fated or controlled] under any Environmental taws (without regard to the acipon levels, c n trans or quantity thresholds specified herein);ora (8) any result of the mixing or addition of any of tire substances described in this Subsection B with or to other materials. C, "Phase t Environmental Assessment" shall mean: (1) an assessment of the Easement Premises and a rearronable area of the adjacent premises owned by fire D,strict performed by an independent and duly qualified, licensed engineer with experi- ence and expertise in conducting environmental asseerments of real wants, bedrock and groundwater of the type found on the Easement Premises and said assessment shall include, but not nearssudly be limited to a historical review of the use (abuse) of the Easement Premises, a review of the utilization and maintenance of hazardous materials on the Easement Premises review of the Easement Premises' permit and an - forcemeat history (by review of regulatory agency emrds), a site reconnaissance and physical sur very, Inspection of Easement Premises, site Inter- views and site history evaluations, basic engl- ring analyses of the risks to human health and tie environment of any areas of Identified w a contains, preparation of a report cusses history, site land u which discosses apparent regulatory compliance or lack thereof and which Includes historical summary, proximity to andlo- n of USTw LUSTS TSDFs, CERCU site flood plain, maps, phologmph log references, condu. stairs and recommmdations. D, "Phase TT Environmental Assessment"shalt mean: (1) an assessment of the Easement Premises and a reasonable area of the adjacent property owned by the District performed by an independent and duly qualified, licensed engineer with expasi- ence expertise in conducting environmental assessments of real wale, bedrock and groundwater of the type found on the Easement Premises and said assessment shall include, but not necessarily be limited to, extensive s piing of sells, grountlwatem and structures, fol- lowed by laboratory analysis of these samples and maunistationefthe results,andpreparatlon of a written report with boring logs, photograph logs, maps, investigative procedures, results, con- clusions and recommendations. 9.02 MANUFACTURE, USE, gI.S UPON , TRANSFER THE EASEMENT OE HAZARDOUS MATERSAtS UPON OR WTPHtN TIVE EAS@MENT Grantee, for itself, Its heirs, executors, admaystramars, and successors is that m the extent that any Hatardous Materials are manufactured, brought upon, piaeed, closed, transferred, conveyed or distributed upon or within the Ease. ment premises, by Grantee or its subtenant or assigns, or any of its agents, s - wests, employees, contractors or subwntmc[ors, same shall be done m Ada com- pliance with all Environmental laws. Construction or installation of new or reconstruction of any underground in- tercr mending conveyance facilities for any material or substance Is not permitted without the advance written consent of the Chief Engineer of the District 9.03 USE OF PREMISES (RESTRICTIONS -ENVIRO NMENTAL) Grantee shall use the Easement Premises only for purposes expressly author - end byArticle 1.01 of this Easement Agreement Grantee will not do or permit any ct that may Impair the value of the Easement Premises Or any part thereof or that could materially increase the dangers, at pose an unreasonable risk of harm, to the health or safety of persons to III parties (on or off the Easement Premises) arising from activities thereon, or thatiouid cause or threaten to cause a public or private nuisance on Me Easement Premises or use Easement Premises in any roarmor ({) which could cause the Easement Premises to become a hazardous site he ra enh storage, or disposal facility within the meaning of, or otherwise bring the Easement Premises within Me ambit of the Resource. Conservation and Recovery Act of 1976, Section 6901 zU9q. of Tilde 42 of the United States Code, or any similar state law or coral oalmance, (ii) so as to cause release or threat of release of Hazardous Materials from the Easement Plem see within Me meaning of, or otherwise bring the Easement Premises within the ambit Of, the Comprehensive Environmental Rosponse, Compensation and Liability Act of 1969, Section 9601 gt3yg. of Tide 42 of the United States Code, or any similar state law or local ordinance or any other Environmental Law Or (ill) or 05 to close a discharge Of pollutants or optimum Into any water source or system, or the discharge into the air of any emissions which would require a permit under Ole Federal Water Pollu- tion Control Asti Section 1251 of Title 33 of the United States Code, or the Clean Air Act, Section 741 of Title 42 of the United States Code, or any similar state law Or to - col ordinance. 9,04 CONDITION OF PROPERTY (ENVIRONMENTAL) A. In Me event Grantee has used the Easement Premises under a prior easement agreement, Gillette warrants and sene; that rit of the easement grant, the Easement Premises and w improvements thereon, including all personal property, have not been exposed to contamination by any Haz- ardous Materials, that there has not been thereon a release, ifiechar9e7 or emission, of any Hazardous Materials during its occupancy of the Premises as doff tied by any Environmental laws, and Mat the Easement Premises doe; not contain, or is not affected by underground storage tanks, landfills, land disposal saes, or dumps. B. In the event of a release, emission, discharge, or disposal of Hazardous Materials of one under, or about Me Easement Premises or the improvements thereon, Grantee will take all appropriate response action, Including any removal and reme- dial action after the exeahbn date of this Easement Agreement 9.05 INDEMNIFICATION (ENVIRONMENTAL) In cousfdemUon of the execution and delivery of this Easement Agmemont, the Grantee indemnities, excearates, antl holds the District and its officerq officials, Commissioners, empinyees, and agents ("Inderu ned Parties") free antl harmless from antl .,,d st any and all actions, causes of Dedon, suits, losses, costs, liabilities and damages and oxiri incurred in connecdon ARE any of these (irrespective of whether any sun Intlemnilied Party is a patty to the action for whirb hebounHration is here sought), including reasonable nttorneyO fees, costs and dis- bursements incurred by the indemnified Partic, as a result of or arising out of or relating to (1) the deposit'. of any governmen- tal lien for the recovery of environmental deanup costs e ,ended by reason of Guanae's activities, or (,i) any inyesUga- Non, litigation, or proceode, related to any environmental response, audit, compliance, or (Ili) the release or threatened release by Grantee, its subsidiaries, or its Sweet eompeny of any Hazardous Materials or presence of Hazardous Materials on or antl¢, the Easement Premises or any p,o,DM to which the Grantee, its parent tympany, or any of as subsidmries has sent "nDn1.us Mandais (Including any losses, IlablliHes, damages, iejuries, casts, expenses, or clmms asserted or arising antler any Environmental law) regardless of whether caused by or within We control of the Grantee, its parent company, or he subsidiar- ies provided that, to die extent District is strictly liable under any Eavironmental Laws, Grantee's obligation to District antler this indemnity shall be without regard to fault on the part of the Crane. win respect to the violation of Inca which results In l- ability to District 9.06 ENVIRONMENTAL COVENANTS Grantee agrees to Dud covenants as follows: A. Grantee wvenanis and agrees net throe9hout no tern of the Easement Agreement all Hazardous Materials which may be used upon the Easement Pmmises shall be used or stored hereon only in a Of, approved manner In ..orlon. with all generally amepted industrial standards and ail Environmental Laws, S. Gronne has been Issued and Is in Compliance win all permits, antifirates, approvals, licenses, antl other authorizations relat- wg to envimnmentri matters antl necesory for Its business, if any. C. Grantee, to the best of its knowledge, is not a PotAAdsly re- sponsible parry with respect to any other facility receiving waste of the Grantee (whether or not from the Easement Premises) antler CERCLA or antler any shatuts providag for financial re- sponsibbity of private parties for cleanup or other actions with respell to the release or ton.ma.ed release of any Hazardous MoteBals. m Grantee will take all reasonable steps to prevent a mutation of any Environmental taws. There will be no spill, discharge, leaks, emissary ejection, ¢mope, dumping, or release of any to;dc or Hazardous Materials by any persons on the area to be used aAd under the Easement AgreemenL E. Grantee will not allow the installation of asbestos on the area described to Exhibit A or any item, article, contaaer or electrical equipment Including but not 6mitm[ to transformers, emamums, circuit breakers, redosers, voltage mgnlata", matches, electro- magnets and able, containing PCBs, E. Garet shall be responeaa to install "plugs' of rompacted im- permeable sag material at intervals of no greater than 100 feet between such plugs along utility trenches which have been hackNllad with compacted granular materiak in order to minl- .I. cross -see and off -site environmental contaminant .11m- Hon. The spacing of those plugs should be based on the shares- Musdcs of the site, the camiguagon of the trench or trenches, the clumWenvortla (nature and aware) of the site envitnmental mmamuotm.. Audi., are m4amtioi for site contamination berms or walls, property boundaries, and lease boundaries. G. The aforesaid representaEons and wnrrentieo shall survive the expiration or termination of the Easement Agreement 9,07 COVENANTS(ENWRONMENTAL) Grantee shall cause Its parent company and each of Its tespostive subsidmr- ies, contractors, subcontractors, employees and agents tot A. (1) use and operate all of the Easement Premises in compliance with all applicable Environmental taws, imep all material permits, approvals, certIDatas, and licenses in effect and remain In material <om- pllance with them; (2) undertake reasonable and cost-effective measures to minimize any immediate environmental Impact of any spill or leak of any Hazardous Materials B. Early District by telephone within two hours or the release of Hazardous Materials, including the admit W which the Identify of the Hazardous Materials is known, lye quantity thereof and the causes) of the release, and provide the District wkh{n 72 boors a the event witA copies of all surface notices by Grantee, its parenh and its subsldlurks that are reported W Revel nment Organismic; or received from the government regulators. C. Provide such Information that lye District may reasonably re - quiet from Man W time W determine Menagerie by lire Grantee with this Arficle. D. Grantee wti naves and metes to itoing, o with the en Int in anyt by Me Cu assessment, monitoring, o emediatien Inxti- tuted by Me District during the Easement Agreement 9.08 COMPLIANCE (ENVIRONMENTAL) The Grantee will cause its parent company and each of its subsidiaries, if any, to exercise due diligence W comply with all applicable treaties, laws, rules, rwgmma Rome, and orders of any government authority. A. In the event of a spill, leak or release of hazardous waste car Had by Grantee, its employees, or its agents Grantee shall ram duct a Phase I Environmental Assessment, at Its own expense, with respect to the Easement Premises and a reasonable area of the adjacent property owned by the Matter and submit the written report to the DIRxia within 9D days after the spill, leak or discharge. After review of each Phase I Environmental As- ent, Dis[dct, at its sole discmtiory may require Grantee, at Gra ee's expert o obtain a Phase II Environmental Ancess- work respect' W the premises used under the Easement Agreement The written report of the Phase II EmbimmenW l Assessment shall be submitted W Wdri t within 120 days of District's request for same, If the Phase lI Assessment discloses Me presence of any Hazardous Materials com inumflan on Me Easement Premises or ad)acent premises, Grantee shall take immediate action W sometime the contamination and to tore the Easement Premises described In Exhibk A and adja- cent premises owned by the Dlstrid to a clean and sanitary con- dition and W the extent required by any and all Environmental a ! w r ". ..i a a! g \»d/Pz©sue, 5 _ \a,- p j\ R,# e� e\\2 , J22;92) /(� ) }/\ \ME2)RR #:©``\�# e- \ \ \ §)/ \ G! \\{]\\ \ ( \ 2 j!19 /\! (2) the Grantee has not caused the Easement Premises and any improvements thereon to contain! (1) i s- besros in any form; (11) urea formaldehyde; On) items, articles, containers, or equipment which contain fluid otedmidng polychlorinated In- pbenyis(PCEs); 01(IV) underground storage lines which do not mmpiy with Environmental Laws) (3) the engineer Pas Identified, and then desoibes, any "undone Materials utilized, maintained or conveyed on or within the property, the exposure to which is prohibited, limited, or regulated by any Environmental Laws (4) if aay Hazardous Materials were utilized, main - lamed or conveyed on the Easement Premises, the engineer has conducted and submitted a Phase II Envnonmental Assessment of the Easement Prem- ises, which documents that Me Easement premises and Improvements are free of contaminntian by H.Ardous mto'bdr; (E) the engineer has identified and then describes, the subject matter of any paid, sidsHn9, or threat- ened investigation, Inquiry, or Proceeding con- cerning cileneandmital matters by any federal, state, county, regional or local authority, (theAu- thoribes"), and describing any submission by Grantee concerning said environmental matter which has been 9hem or should be gwen with re gard to the Easement Premises to the Aethelibes; and (6) the rimmuccr Includes copies of the emb analons made pursuant to the requirements of Title III Of the Superfund Amendments antl ReauthoYrsaBon Act of 1986 (SARA), Section 11001 et seq. of rule 42 Of the United States Code. 9.09 INSPECTION AND RIGHT OF INSPEMON (ENVIRONMENTAL) A. In Me net Grantee gives notice pursuant M the prov)sions of Notice of Environmental Problem, AIM. ninety (90) days Grantee shall submit to District a written report of a site as- sessment and environmental audit, In scope, farm and sub- amence, and prepared by an independent, competent and quail - had, Imaessiomi, regeatered engineer, satisfactory to On District, showing Mat Me engineer made all appropriate equlry consstent with goad commercial and customary practice, such that consistent with generely accepted engineering practice and promdure, no evidence or indication came to light which would suggest them was a release of substances on the site or Property which could necessitate an environmental response ac- tion,aadwhichdemonstrates that the Site and Property vom- p6es with, and does not deviate from all applicable amino, mental statures, laws, ordinances, rules, antl regulations, Including grouses, permits, or certificates required thercundep and that the create, is In comphance with, antl has not deviated fl am, the representations antl warranties pmeamal, set fi.nh. B. District hereby expressly mscrves to itself, us agents, attorneys, employees, consumed, antl contractors, an Inovocoug. Iimnse and authorization to enter upon antl Inspect the Easement Pocrase-s and improvements thereon, and perform such tests, incu ling without limitation, subsurface testing, soils, and groundwater testing, and other tests which may physically in - wide the Easement PrcmLes or Improvements Hrereon as the District, In its sale discretion, determines is necessary to protoc Its interests, IN WITNESS WHEREOF, on the day and year first above written, the parties hereto have caused these presents, including Rule. and Exhibits, if ony, to be daily executed, duly attested and their cooperate seals to be hereunto affixed. OLITAN WATER RFCIAMAEON OF G ER CHICA O eror AiINooM Jewcid Chair n (Committee on none ATIFrST: 34/,qpulp. Torres, Chad, CITY FEVA)NSTON / �) Sy. Title 61" �1�(AAr�A.� I�\i/-�iln1�n,i✓Ac/%�ju�9 ^^,�, Title:YCSLGj� l:s�'Yvr IB PLAT aE E lh Eo PIT la sf er In own up al rth Roses 1 al the he M f f Secfian 23, nded Mp CI miis Rris 13 E, of the ThirE POf the Mel.Clan, tomtleO MCI Of COscl Sed rs 1CIICWS iAmhG'101np at fhe Noof, Easi "her O v bQwrte iheru oaulh " 2S'd13" V:Of, alallt the Eta lice Co r.IT QgiVe Ir t eed, 9i 1 f 9CTest.9 0l Mei�Lends M1eteMOC mth, uC ePfuni oof io Hwh 1 fact, to5ih 0verlor 13" Eael, it ..cuth I..re o tlarfh EOs 0 aorfet £eclioO• ftheewe con 9 o h 0600lh 'LlO of t!T Vtute an tarallel To he 8 T s IO of e i;wfn e Ai4 Oqa fe! t, ban, 103 loot, m ; less, thcmt Sel, fS5^ OD'-oo" West, 6& leof, m fhaoce e f35 et luso to o Tani m The EQst, 1127 of the ?4SDGC or OFSl In 5 e North 6 -0.0 feet, icot, Easi, 12"1 feet, m IMreet. ITT et. Refe or East, SS feet, O Feet. it POW Of I�The L ,s i,-rzmt Ce,'cttH, alls•n IM / eqe of Skokic, Canty of HGw% a O\Vho, ITS a citS Transmittal i.ettcr For Board Meeting or t rarri sra i; eerred end RtSiin"Pa fa Controltoo Braid of ms lcqerlc� of cnx� a of .t:O etc to >norc r. eio n Arno Board at mrio of t - at On _ -- ncl rchy a a a - - % tic a13Y roat and ahatioo cold sn b. trite a £os specific - - in to all Of the sahataly mist-lat a aseaetat 1_nas, Thicn s proved to be a heccul�aa took At the reut4r* of the onard of of The to hree partloolor parrolr of Sanitary DintriCa hand On the SnelcOry and tship ua,eO,,y, had hot ter once developol n6 the Chief Elhileaen advioPa thiginat any the nrd' aea oeac oat 3ts approval, tinder separate te,,boad the tatrLtoym o nrnernl sv.-.. .Andct.c Uarch <r. M. P..t.._d �tct.rxx c dA: olrcx^c :. lot tfe," celee at e ccif:c ona fete V o91em eolvt .v relc= ,dare. -uses roan ,ne a p`nee CAqxno, all tr Iota of - __ - ata �. tP':W7eod fa the Z"AX6 of that at &AtvOt >a<w e olc LY ctittrxa thoee qu)axllnta tell be d1»,0 -- - tedttc o UM fez pr ceeut ,..eFv ..ea vita . <pect an y y up <>e.c pa.co_, • c�t £v.+ll�yp cvlant,..t.3�t. Ai fell 5 vavill, YII" y Head Aa5lstt:,cereeeroof star thin <nia irry r y`lan well b b; ` ebili% nd t, ran..t <,xnr. ann ,,.:nae,.._.de of e ladLCdEr si d ill allot pilloried In ha 60�usot ponnic; dideAkent, In order to Ilion for aphat t+v .qa _Cyan, and One trial pm.nt at a n.tulti�river s rent., UCLII.'ed Ids, she latest t responsible 4111far the and The sanitary To SiTict laii not al !so the parrebriant Isotope If the docarea ones. in addrial, the octnic strainers wIII not be allowed anilebare w_tFinthe uod F..o.ene of matt.vei leare vageraolvo proof Rootlet, the sddaa�xri District gnize the "trial of cerarregi veg�tatzup cover in Ilona Cents, the Solitary visrr;at wi�! jorobvirp be riallixidepol Ad an addition so the -end capin9 required %m nin the ining beepatoot that ate 3odal r,attk.>V STVF,Ecx nWLuTrW rM toy ant..ccod With and xdedluhlAa sto _he pxe.tx .at von Or cleon O+cter, end licy rs:vliro tha ,+ t cod f�.aor the inicfna.o l c,e of the lateral erd?c.+nrvoirFlar in IW; tnd aof Senn S _ of G than 7,090 nera. toE Feces xt, tadlneect cco the Inland ED by c ormlvs+nn xs or Ma M .vopola..sn slnxtary o_.t+tc: of Gxrntex hacaao I ThatccLoxt'l+ a V waterway 2 Thin lnt_.a geall ba .. of f cctvvc morta_n_yI.Pon _t,s Attorney +.HHxovcd �iCNGLA,d A, Mclna nnttl docf Commrs.-fvn+.rs of pollean 5 A_St_vct of Greater c.Sacaov ntil3e-, Ile V.Voss, "= as - IAIGHTix.. 'C`xts, re.r :ee. _, .lo.._s toy, Ve.i.o, oa iro r ynter$ �Iltrrn such o.4 < ouee o« to �nmqal�, or hquai�c late of a waterta tancy v p Of <oni, n, o::o.s of availvanep ye of ioopavt� our actod hsi% ru�rse�an.or ohoif thona efforts lave hypn a sc of the Sa�ltp�ry rreod- u101 - hO vedl On such ,,rd n the d by the Board of party to ohow cause before too en�o ara hyho der erminq too ned rn etso- entire mearr., .na-i he gerooa ne aothalidirAr.tiny the dtscoatinuatnot of r or by s $Lerad The e Certified roil s Ito" top- t�nr axi reCtro the diluted, in site day on any soon or o__ve . or i "Oropliniiall incslf, conduct nhn h The Berain v: act, or plplojou to istic I., the case of the and n if witricaseg And end ir(exactuon of 1,73amcce contal is see Mottle one 031VA4 Ink any card oterrego! rono no the eased It for recorded The LionscrePt; no dAl be resell tivellible any, nievocr e..chi public or any party no the nearing upon 9ar.Mnt « ,%Poor the board bar reviewed top evidoesulf or may Intel an orinr to add party spelello �vyv, varied the ela< facilities contrary Board to e auto of thiv neco.. ry o.d.a cone wrec and any oehrz- such order, as dvne- court Ceorion 1� violation a,- order to be considered Nullonce, n violation or an Order ad the Board of xesserationnors shh3l do -on -- any person maintain% or opiralevo his property so so to be IV, violation OK the Oxdo- of the island Of Idiom court in and 40a the county in 61wah too District In localbid or e v of hevtnerY he viulat�on unicou vfhr. xi s, menacmea or anlvxl Ohioans fal-s to dol Ordinance or inite do order v� the Bread of nc ced in phrousance nf thin _ n day Pthan S100,00 nor more than $1,0 few each often offe nciei alns anydrone FThe f` nalti Attorneys fees court csrl.�, add other by the Sanitary _trted Ideas evieaa $net, a.s.nn. era nxoo,.e.�nie aac r1rcult court of Cook Volol,� for -,he oolpuolc� OP an in�enc�aoh ARTICLE IV Effective Doze princ:nal AttrufrLoy STATE OF ILLINOIS ) )SS. COUPo OF COOK ) The as Saint, a Notarq Pubilc in and Por Bald eounry� in ¢he stale aforesaid, DOES HEREBY CERTI"that peromailyknowntomelobothe Grrv-Mc.tia.;' (name) (tine) Of Inlap.. t a municipal corporation, and (vlllageflown(city) WA&. Mn'c21't, personally known to me to be (name) of said municipal co@oration and personally known to me to be same porsme whose names are subscribed to the foregoing Nskrument, appeared before me this day in person and severally acknowledged that as such G aa4 (Noe) .rr�ilry ea_..—„h=o-ca ��nd Gnv Mau �6z�� (titia conrd.) (title) of said corporation, duty executed said instrument in behalf of said municipal corporation and caused its corporate seal ko be Mixed Umseto pursuant to evil given by Me corporate authority of said municipal corporation, as Un from antl voluntary arc and as the free and voluntary ackand deed of said municipal corporation, for the uses and purposes therein sat faith. GNEN antler my hand antl Natarial3eal this day of'i-lY/�la�G' A.D. 7_P(YW lid GF�LN �_ Notary lju iic J MV Com .+ — /q 1 'OffiCIAt SEPt� STATE OF A.13NGIS) )SS. COUNTY OF COOK ) 1, A"4"' V 4'. Uk"e"it-V Notary Public in and for said Coonly, in the State aforesaid, DO HEREBY CERTIFY that Gloria AlittO Ma)ewski, persomiliy known to me W 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 sold municipal corporation, and DnrsonaIt, known to me to be the same persons be. names are subscribed to the foregoing Instrument, appeared point, me this day to person and smumally acknowledged that as uch Chairman of the Committee an Finanm and such Clerk, they sgded and debvered the said nstrmnent as Chairman of the Committee on Finance of the omen of Commissioners and Clerk of said municipal corporation, and caused the corporam seal of said municipal mrporatme to be affixed shown, .ra..etW authority given by the Board of Commissioners of said municipal corporation, as their free and voluntary ad and as the free and voluntary ad and deed of said mumcipal corporation, for one uses and Put Faces therein set forth. l) WEd=�2de"h Ltd and Noterim Sent this 7lZz day Of D. 20k? I but, Public "( - My Commission expires: OFFMdatBEAt wWCY VMUI6hy Nar0.ryY Wk43.SiA1EMILLWCtq NPPROVEO AS TO FORM AND L'_GALM Nead AsD.WRLAtt D;, ` l �'1 Attorney APPROVED AS R) PLAT AND LEGAL DESCRIPTION: �y Engimer oPXWAOI.d.,rFlonngement Avisbnt Chief Enginm of Snfrd54Uctore A, Budget MPna9emnnt Division Cbtef Eng:ncer' APPROVED: Gnnemi suPeantendmx RECEIVED: Feo;' IA— Snsurapw_ Rona r 51 R-g] A RESOLUTION Aulnotiand the City Manager to Eaocuta an Easement Agreement for Construction, Operation and Improvement of a 60 -inch Diameter Sierra Sewer System and Outfall WHEREAS, the City and (he Metropolitan Water Rootamagon DrsmiK of Greater Chicago ("MWROT) are antis of municipal government; and WHERES. 5 ILCS 220, The Intergovernmental Cooperation Act, provide% that units of municipal government may enter into cooperative agreements vitro each other for the joint exercise of municipal authority, and WHEREAS, the City, as a home rote uMl, is empowered to enter into agreements pet erring to its government and affairs; and WHEREAS, the casement agreement described herein is such an agreement antl WHEREAS, the City desires a twenty-five (2.;) yeai non e>[luswe casement for continued use or a twenty foot by two hundred sixty-two foot HIT x265'j She of land along and under the oast side of his Not Shore Channel at Cleveland Street, otanroed, in Stable. Ihinots, to PersWcl, reconstruct, operate, maintain, repair, and remove a sxry inch (60") diameter storm fewer system and cutfail to serve the southeast quadrant of the City of Evanston, Illinois, on the feat estate legally described and depicted in Exhibit A viHidt Is attached hereto and made a part hereof, and VJIIEREAS, the ea.emPnl is requifetl For consiruclion, operation antl mamtamance Of the amrm aav,er system, and WHEREAS, the in. sewar system antl axecution of the easement from the OWED are in the best interests of the citizens of Evaoatom; and WHEREAS, fno City has naysteted for said easement %aid) the Metropolitan Sa taut, Diarist of Greater Chicago NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNT Y. ILLINOIS. SECTION 1That the foregoing racitels are fountl a: fact and Incorporated harem SECTION 2 That the City Council hereby authorizes and dimets Ain City Manager to execute, and the Oily Clerk to attest, a twenty,fve 05) year easement voth the MWRD permitting access to the slily inch (6(y) diameter storm sevrar system to serve the southeast quadrant of the City of Evanston, Illinois, oa and around MOIRE, property. SECTION J The City Manager Is authorized to negotiate any additional terms and condiilons deemed to be In the pubim interest SECTION 4 That this Resolution shall be in full form add effect from and after Its passel. and appmvai in the manner provded by Ni �L( M2Nar var ATTEST L �Tiyi cic�k I° °