===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE _AGENDA ITEM SUMMARY __ ITEMTITLE: AGENDA ITEM NUMBER: __©-L. Resolution No. 21-R-0036 — Intergovernmental Agreement with the State of Illinois Department of Transportation COMMITTEE AGENDA DATE: Defining the City’s Cost and Payment Obligations for COUNCIL AGENDA DATE: May 17, 2021 Certain Aesthetic Treatments Associated with Retaining Wall Improvements on Illinois Route 59 Between Forest Avenue and Glen Avenue (Agreement No. JN-121-016) STAFF REVIEW: Robert E. Flatter, P.E., Director of Public Works SIGNATUR APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: In July 2021 the State of Illinois Department of Transportation (IDOT) is scheduled to open bids for the replacement of a concrete retaining wall along the west side of Illinois Route 59 between Forest Avenue and Glen Avenue. The general scope of work for this project consists of an in-kind cast-in-place concrete wall replacement. The project also includes replacement of curb and gutter along the east side of Hahn Place, replacement of an existing brown vinyl coated chain link fence along Hahn Place, installation of a concrete shoulder between the proposed retaining wall and Hahn Place, and any incidental and collateral work necessary to complete the project in accordance with the project plans and specifications. Construction activities are anticipated to commence in September 2021. Given the fact that the concrete retaining wall represents a gateway into the City, City staff requested that IDOT incorporate aesthetic treatments into the design and construction of the new retaining wall, including use of a formliner textured surface to create the appearance of a modular block segmental wall (i.e., similar to the Main Street Tunnel Retaining Walls located at 306 Main Street and the George Street Underpass Retaining Walls located at 253 George Street). In addition, City staff requested that the proposed concrete retaining wall be stained with an exterior waterproof color coating and an anti-graffiti coating. Staff's requested aesthetic treatments were approved by IDOT at 100% City’s cost and payment obligations. Staff's desired aesthetic treatments and IDOT’s required cost participation was supported by the Infrastructure Committee at its April 1, 2021, meeting for an amount not to exceed $60,000.00. Prior to the contract award, IDOT needs the City to execute an Intergovernmental Agreement that acknowledges and approves of the project, and that defines the City's cost and payment obligations for certain aesthetic treatments being completed by IDOT. For the referenced project, IDOT is asking the City to pay the actual costs to apply the above referenced aesthetic treatments to the proposed retaining wall on Illinois Route 59 between Forest Avenue and Glen Avenue, plus 15% for engineering design and construction oversight costs, for a total cost estimated at $48,300.00. It should be noted that although the total Agreement references an amount of $48,300.00, there is a notation in the Agreement that final costs will be determined by multiplying the percentages referenced in the Agreement by the final quantities times the actual contract unit prices plus a fifteen percent (15%) markup for construction oversight and engineering design services. The attached Intergovernmental Agreement as prepared by IDOT is in substantially the same form as previous Agreements approved by the City. ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO ACTIONS PROPOSED: Approve Resolution No. 21-R-0036 authorizing the Mayor to execute an Intergovernmental Agreement with the State of Illinois Department of Transportation defining the City's cost and payment obligations, for certain aesthetic treatments, associated with retaining wall improvements on Illinois Route 59 between Forest Avenue and Glen Avenue (Agreement No. JN-121-016). COMMITTEE RECOMMENDATION: This item is being presented directly to City Council with approval of the Infrastructure Committee Chairman. ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0036 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION — RETAINING WALL IMPROVEMENTS ON ILLINOIS ROUTE 59 (NELTNOR BOULEVARD) BETWEEN FOREST AVENUE AND GLEN AVENUE BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a certain Intergovernmental Agreement between the City of West Chicago and the State of Illinois, Department of Transportation, providing for certain aesthetic treatments associated with retaining wall improvements on Illinois Route 59 (Neltnor Boulevard) between Forest Avenue and Glen Avenue, in substantially the form attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City hereby confirms that it has appropriated sufficient funds to pay for its share of the cost of the improvements due in the current Fiscal Year, and acknowledges that it is obligated to duly appropriate sufficient funds to pay its share of the cost of the improvements as they become due in subsequent Fiscal Years. APPROVED this 17" day of May 2021 AYES: NAYES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] FAP Route 338 IL 59 Glen Ave to Forest Ave State Section: 2019-48-I DuPage County Job No. : C-91-393-19 Contract No.: 62J25 Agreement No: JN-121-016 AGREEMENT This Agreement entered into this day of , 2021 A.D., by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the CITY OF WEST CHICAGO of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of improving approximately 636 feet of retaining wall located on the west side of FAP Route 338, IL 59, Glen Avenue to Forest Avenue, STATE Section 2019-48-I, STATE Job No.: C-91-393-19, State Contract Number 62J25 as follows: The scope of work consists of removal and replacement of the existing retaining wall along the west side of IL Route 59 and all other incidental and collateral work necessary to complete the project as shown on the plans. WHEREAS, the CITY has requested aesthetic treatment to be added to the retaining wall; and ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the STATE has agreed to the CITY’s request; and WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to the CITY residents and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to make the surveys, obtain all necessary rights of way, prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction and cause the improvement to be built in accordance with the approved plans, specifications and contract. 2. The STATE agrees to pay for all right of way, construction and engineering cost subject to reimbursement by the CITY as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the estimated cost and cost proration for this improvement is as shown on Exhibit A attached hereto and made a part hereof. 4. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost for this improvement, a copy of which is attached hereto as Exhibit B and made a part hereof. 5. The CITY agrees, that upon award of the contract for this improvement, the CITY will pay to the STATE in a lump sum from any funds allotted to the CITY an ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] 10. amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to said STATE the remainder of the obligation (including any non- participating costs on FA Projects) in a lump sum, upon completion of the project based upon final costs. The CITY further agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated in Exhibit B proves to be insufficient, to cover said final cost. All CITY owned utilities, on STATE right of way within the limits of this improvement, which are to be relocated/adjusted under the terms of this Agreement, will be relocated/adjusted in accordance with the applicable portions of the “Accommodation of Utilities of Right of Way of the Illinois State Highway System.” (92 Ill Adm. Code 530). The CITY agrees to obtain from the STATE an approved permit for the adjustment of any CITY utility and to abide by all conditions set forth therein. Upon final field inspection of the improvement and so long as II Route 59 is used as a STATE Highway, the STATE agrees to maintain or cause to be maintained the retaining wall, the median, the through traffic lanes, the left-turn lanes and right turn lanes, and the curb and gutter, stabilized shoulders and ditches adjacent to those traffic lanes and turn lanes. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to be maintained those portions of the improvement which are not ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] 11. 12. 13. maintained by the STATE, including aesthetic treatments of the retaining wall, 6 in pec shoulder, brown vinyl coated chain link fence, adjacent curb and gutter on Hahn Place, sidewalks on Hahn Place, crosswalk and stopline markings, CITY owned utilities including appurtenances thereto. The CITY further agrees to continue its existing maintenance responsibilities on Forest Avenue west of Illiniois Route 59, Hahn Place, and Glen Avenue, including all left and right turn lanes on said City owned roadways, up to the through edge of pavement of Illinois Route 59. Drainage facilities, if any, within the right-of-way of Forest Avenue west of Illinois Route 59, Hahn Place, and Glen Avenue, shall remain the maintenance responsibility of the City. Drainage facilities, if any, located within the right of way of Illinois 59 shall remain the maintenance responsibility of the STATE, unless there is an agreement specifying different responsibities. The CITY has adopted a resolution, will send a letter, or sign the Plan Approval page which is part of this document, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is 6006614 and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address is: City of West Chicago 475 Main Street West Chicago, IL 60185 ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] Obligations of the STATE and the CITY will cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. This AGREEMENT and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded within the three years subsequent to execution of the agreement. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. Attest: Nancy M. Smith, City Clerk (SEAL) CITY OF WEST CHICAGO By: (Signature) By: Ruben Pineda (Print or Type) Title: Mayor Date: May 17, 2021 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: Jose Rios, P.E. Region One Engineer Date: Job No.: C-91-393-19 Agreement No.: JN-121-016 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] PLAN APPROVAL WHEREAS, in order to facilitate the improvement of IL 59/ Neltnor Boulevard, known as FAP Route 338, State Job Number: C-91-393-19, State Section 2019-48-I, Contract Number 62J25, the CITY agrees to that portion of the plans and specifications relative to the CITY’s financial and maintenance obligations described herein, prior to the STATE’s advertising for the aforedescribed proposed improvement. Approved Title Director of Public Works Date May 18, 2021 ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] Contract 62J25 EXHIBIT A ESTIMATE OF COST & PARTICIPATION CITY OF WEST FEDERAL STATE CHICAGO TOTAL Type of Work COST % COST % % All roadway and bridge work excluding the 9 9 ° following $880,000 80% $220,000} 20% N/A% $1,100,000 P&C Engineering (15%) $132,000} 80% $33,000; 20% N/IA% $165,000 OTHER WORK 3 Treatments of the Aesthetic Wall $42,000 100% $42,000 P&C Engineering (15%) $6,300 100% $6,300 TOTAL $1,012,000 $253,000 $48,300 $1,313,300 NOTE: The City participation shall be predicated upon the percentages shown above for the s quantities times contract unit prices, plus 15% for construction engineering unless otherwise noted. pecified work. The CITY actual cost shall be determined by multiplying the final ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B FUNDING RESOLUTION On May 17, 2021, the City Council of the City of West Chicago approved Resolution No. 21-R-0036, a Resolution authorizing the Mayor and City Clerk to execute a certain Intergovernmental Agreement between the City of West Chicago and the State of Illinois, Department of Transportation, defining the City’s cost and payment obligations, for certain aesthetic treatments, associated with retaining wall improvements on Illinois Route 59 (Neltnor Boulevard), between Forest Avenue and Glen Avenue. Said Resolution also confirms that the City has appropriated sufficient funds to pay for its share of the cost of the improvements due in the current Fiscal Year, and acknowledges its obligation to appropriate sufficient funds to pay for its share of the cost of the improvements as they may become due in subsequent Fiscal Years. Copy of Resolution No. 21-R-0036 is attached to this Agreement. ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO ___AGENDAITEMSUMMARY ____ ITEM TITLE: AGENDA ITEM NUMBER: _O-M. Resolution No. 21-R-0038 — License Agreement with MCimetro Access Transmission Services Corp. COMMITTEE AGENDA DATE: COUNCIL AGENDA DATE: May 17, 2021 STAFF REVIEW: Robert E. Flatter, P.E., Director of Public Works sour GZ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: Attached is a License Agreement with the MCImetro Access Transmission Services Corp. (MCimetro) for use of City right-of-way along Parker Avenue for the installation, operation, and maintenance of telecommunications facilities. For its project, MCIlmetro proposes to install a total of approximately 598 lineal feet of 2” HDPE conduit in City owned right-of-way along Parker Avenue, between Spencer Street and Geneva Street, to house fiber telecommunication cables. Since this company pays telecommunications tax as its fee for ROW rental, and since this company is a subsidiary of Verizon which also pays telecommunication tax as its fee for ROW rental, the City cannot recover its costs associated with plan review and inspection and/or the use of third party consultants, like the City Attorney and Thomas Engineering Group, LLC. ACTIONS PROPOSED: Approve Resolution No. 21-R-0038. COMMITTEE RECOMMENDATION: This item did not go to Committee, as it follows the same parameters previously approved by City Council for license agreements. ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0038 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN LICENSE AGREEMENT WITH MCIMETRO ACCESS TRANSMISSION SERVICES CORP. FOR USE OF CITY RIGHT-OF-WAY ALONG PARKER AVENUE BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a certain License Agreement for use of City right-of-way along Parker Avenue, between MCImetro Access Transmission Service Corp. and the City of West Chicago, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 17" day of May 2021 AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] (Reserved For Recorder's Use Only) CITY OF WEST CHICAGO/MCIMETRO ACCESS TRANSMISSOIN SERVICES CORP. LICENSE AGREEMENT This License Agreement (the “License Agreement”) is entered into this day of March, 2021, by and between the City of West Chicago, an I!linois municipal corporation, 475 Main Street, West Chicago, Illinois 60185 (“Licensor”) and MCImetro Access Transmission Services Corp., d/b/a Verizon Access Transmission Services, a subsidiary of Verizon, a Delware Corporation, 600 Hidden Ridge, Irving, Texas 75038 (“Licensee”) (collectively, the “Parties”). RECITALS A. Licensor owns property commonly known as “Parker Avenue Road Right-of-Way generally from a point on the north right-of-way of Spencer Street and then northward along the west side of Parker Avenue for approximately 538 feet to a point south on the south right-of-way of Geneva Street and then east, to the east side of Parker Avenue, for a distance of approximately 60 feet”, which is located across, through or under the real estate legally described in Exhibit "A," attached hereto and incorporated herein by reference (the “Subject Property”). B. Licensee desires to use the Subject Property for the installation, construction, location, operation, and maintenance of telecommunication facilities under the City’s right of way (the “Licensed Premises”) so that Licensee can provide telecommunication services, subject to the terms and conditions of this License Agreement. NOW, THEREFORE, for and in consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are incorporated as if fully set forth herein. Resolution 21-R-0038 Page 1 of 12 ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] 2. Subject to the terms and conditions of this License Agreement, Licensor hereby grants Licensee, a non-exclusive license for use of the Subject Property and Licensed Premises for the purpose of installing, constructing, locating, operating, and maintaining telecommunications facilities under the City right of way, as more fully depicted in Exhibit “B” (hereinafter, the “Facilities”), attached hereto and incorporated herein by reference. Licensor also grants Licensee a non-exclusive license for ingress and egress to and from the Subject Property and Licensed Premises, for the purpose of maintaining the Facilities. Licensee shall be solely responsible for securing the necessary permits from any federal, state or local agencies and shall be solely responsible for the costs of same. The Licensee will apply for any necessary permits for construction in the right-of-way of the Licensor and the Licensor shall cooperate in securing any necessary permits. Licensee shall secure the necessary permit to perform the work contemplated hereunder from the City. Licensee agrees to provide the City Administrator of the City of West Chicago (“City Administrator”) seventy-two (72) hours notice prior to commencing any work under this License Agreement. In the event that emergency repairs are necessary for Licensee facilities in the Licensor right-of-way, Licensee shall immediately notify the Licensor, in writing, of the need for such repairs. Licensee may immediately initiate such emergency repairs, and shall apply for appropriate permits the next business day following discovery of the emergency. Licensee must comply with all Ordinance provisions relating to such excavations or construction, including the payment of permits or license fees. 3. Term. The term of this License Agreement (the “Term”’) shall be ten (10) years, commencing June 1, 2021 and terminating May 31, 2031. 4, Taxes. Licensee acknowledges that the Subject Property and Licensed Premises is exempt from real estate taxes, and that to the extent the County Assessor or State Department of Revenue, or any other authority with the power to do so, would attempt to assess any license or property tax as a result of the use authorized by this License Agreement, Licensee will assist Licensor in defending against any such action and will pay any such tax as is finally determined. 6. No Lease. The parties agree that this License Agreement confers upon the Licensee only a license and right to use the Subject Property and Licensed Premises upon the terms set forth herein, and that nothing contained herein is intended to confer upon the Licensee a leasehold interest in the Subject Property and Licensed Premises or any portion thereof. In the event of default by the Licensee, the Licensor shall not be obligated to bring a forcible entry and detainer action to terminate Licensee’s rights hereunder, provided termination of Licensee’s rights hereunder is available to Licensor as a remedy. Resolution 21-R-0038 Page 2 of 12 ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] 7. Default. In the event of the failure of any party to perform any or all of its duties and obligations under the terms and conditions of this License Agreement, including payment of the license fees and the costs hereunder, the other party shall notify the defaulting party of such default in writing, and the defaulting party shall have thirty (30) days from receipt of such notice to cure the default. In the event said default is not cured within said cure period, or in the event of repeated defaults, the non-defaulting party shall be entitled to all remedies available at law and/or equity to enforce its rights under this License Agreement, and shall be entitled to recover its costs in bringing such suit, including its reasonable attorney’s fees. 8. General Insurance Provisions. A. Resolution 21-R-0038 Page 3 of 12 Evidence of Insurance - Licensee shall procure, maintain and keep in effect throughout the Term a policy or policies of commercial general liability insurance with limits of not less than $3,000,000 for each occurrence, and such other insurance coverage in the types and amounts set forth on the Certificate of Insurance attached hereto as Exhibit C and incorporated herein (the “Insurance Coverage”). The limit can be satisfied by a combination of primary and umbrella/excess liability insurance. Prior to the commencement of the Term, Licensee agrees to cause said Certificate of Insurance to be amended to reflect that it is the insured, and that the Licensor and the Licensor’s officers, members and employees are each primary, non- contributory additional insureds on said policy, but for the acts and omissions of Licensee and for whom Licensee is responsible. Prior to March 1, 2021, the Licensee shall furnish the Licensor with the above described Certificate of Insurance, and applicable policy endorsements, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. Failure of the Licensor to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of the Licensor to identify a deficiency from evidence that is provided shall not be construed as a waiver of any insurance obligations herein. The Licensor shall have the right, but not the obligation, of prohibiting the Licensee from using or occupying the Subject Property and Licensed Premises until such Certificates of Insurance are received by the Licensor. ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] E. All Certificates of Insurance required herein shall also state that no cancellation of the insurance shall become effective until the expiration of thirty (30) days written notice thereof shall have been given by the insurance company to the Licensor via first class mail. F. With respect to liabilities of Licensee arising from this Agreement, all coverages required herein shall be primary insurance as respect the Licensor. Any insurance or self- insurance maintained by the Licensor, its officials, officers, employees, volunteers and agents shall be in excess of insurance maintained by the Licensee, and shall not contribute with said coverages/insurance. G. The Licensee agrees that all policies and/or coverages required by its contractors shall contain a “contractual liability” clause. H. Acceptability of Insurers - The Licensee shall require its contractors to be insured by insurance companies which obtain a rating from A.M. Best, that rating should be no less than A- VII using the most recent edition of the A.M. Best’s Key Rating Guide. All insurance required herein shall be placed with insurers licensed to do business in the State of Illinois and licensed by the Illinois Department of Insurance. I. Cross-Liability Coverage - Certificates of Insurance not written on the standard ACORD form shall be endorsed to provide cross-liability coverage. 9. Renewal of License and abandonment of Facilities. The plan and manner of execution or operation shall meet the approval of and be done to the reasonable satisfaction of the City Administrator or his authorized representative. Any and all of the aforesaid facilities shall be maintained by the Licensee at his sole expense. The Licensee may renew this license by property application prior to its expiration. If the Licensee elects not to renew the license or it is denied, then the City Administrator shall serve a ninety (90) day written notice to the last known address of the Licensee to remove or relocate the facilities. If the Licensee wishes to abandon use of its cable, ducts, or other Facilities to provide Telecommunications Services or Interstate Telecommunications Services under or pursuant to the License, or upon cancellation, revocation or termination of the privilege herein granted, Licensee shall notify Licensor and may, subject to Licensor’s approval, which shall not be unreasonably withheld, permanently abandon the improvements in place. Resolution 21-R-0038 Page 4 of 12 ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] 10. Protection of Vegetation. It is further agreed that no trees, or shrubs, shall be cut, trimmed or removed nor shall any building or utilities of the Licensor be disturbed without the written permission of the City Administrator or his authorized representative, whose permission shall not be unreasonable withheld, conditioned or delayed. 11. | Construction/Restoration of Property. The Licensee agrees that the installation of the conduit will be performed without any trenching or open trenching. Said construction, installation and maintenance shall utilize directional bore installation under any City streets, parkways and right-of-way areas where necessary. All movement and storage of equipment and materials shall be confined to the area designated by the City Administrator or his authorized representative. All surplus excavated material shall be disposed of off the Licensor’s property. All trees, stumps, and other debris resulting from construction operations shall be disposed of off the Licensor’s property. Within thirty (30) days after construction operations have been completed, all areas disturbed by construction operations shall be graded and restored to their original contours and conditions. The backfill settlement repair period shall be for one (1) year from date of placing of said backfill, during which time the affected areas shall be maintained by the Contractor in a condition satisfactory to the Licensor. 12. Liability of the Licensor. It is further understood and agreed that the Licensor shall not be liable for any damages or injury to any person or property arising from, growing out of, or incident to the construction, operation, or maintenance of the aforesaid facilities for which the license is issued, except if such damages or injury are the result of Licensor’s own intentional misconduct or negligence. 13. Indemnification. To the fullest extent permitted by law, both parties shall indemnify and hold harmless the other party and its officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses, including but not limited to legal fees (reasonable attorney and paralegal fees and court costs), arising from or in any way connected with (i) any act, omission, wrongful act or negligence of either party or any of its officers, agents, employees, volunteers, contractors, subcontractors, vendors, or of anyone acting on behalf of the other party ; and, (ii) any accident, injury, death, or damage whatsoever occurring, growing out of incident to, or resulting directly or indirectly from either party’s use of the Subject Property and Licensed Premises. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. Either party’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses, or expenses arising out of or resulting from the negligence, misconduct or breach of this section by the other party , its officials, officers, employees, agents, or representatives. In no event shall either party be entitled to damages for lost profits, lost opportunity or lost income arising from either party’s performance under this License. Resolution 21-R-0038 Page 5 of 12 ===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] This License Agreement is entered into for the sole benefit of the parties hereto, and nothing in this License Agreement shall be construed as either expressly or indirectly extending, establishing, or acknowledging any rights or obligations in favor of third persons who are not signatures or beneficiaries to this License Agreement. 14. Supervision. The Licensee assumes and exercises full responsibility for the supervision of its employees, contractors, sub-contractors, suppliers, vendors, and agents during the term of this License Agreement. This paragraph is inserted solely for the benefit of the contracting parties, and is not intended to establish, impose or acknowledge any duty to supervise as to third parties. 15. Notice. All notices required shall be in writing and shall be given in the following manner: A. By personal delivery of such notice; or B. By mailing of such notice to the addresses recited herein by certified mail, postage pre-paid, return receipt requested. Except as otherwise provided herein, notice served by certified mail, shall be effective on the date of mailing; or C. By sending Email transmission. Notice shall be effective as of date and time of Email transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A.M. to 4:30 P.M. Chicago time). In the event Email notice is transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission; or Dz. By depositing such notice with a nationally recognized overnight courier. Notice shall be effective upon being deposited with the overnight courier. Any party shall have the right to designate any other address for notice purposes by written notice to the other party or his attorney in the manner aforesaid. Resolution 21-R-0038 Page 6 of 12 ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] The addresses of the parties are as follows: If to Licensee: MCImetro Access Transmission Services Corp., d/b/a Verizon Access Transmission Services Attn: Franchise Manager 600 Hidden Ridge Irving, TX 75038 Fax:: Email: With a required copy to: Verizon Legal Department Attn: Network Legal Team 1300 I Street, NW If to Licensor: Michael Guttman, City Adminstrator City of West Chicago 475 Main Street West Chicago, IL 60185 FAX: (630) 231-0523 meguttman@westchicago.org With a required copy to: Patrick K. Bond, Esq. Bond Dickson, P.C. 301 S. County Farm Road, Ste E 5" Floor Wheaton, IL 60187 Washington, DC 20005 FAX: (630) 681-1020 FAX: patrickbond@bond-dickson.com Email: With Invoices to: Verizon Attn: Contract Adminstrator 6929 N. Lakewood Ave., MD 5.3-4009 Tulsa, OK 74117 Fax: Email: 16. Prohibited Uses and Activities. The Licensee agrees to keep the Subject Property and Licensed Premises in a clean, safe, and sanitary condition. The Licensee further agrees that it shall abide by any and all applicable laws, ordinances, statutes and regulations of the County, the State of Illinois and the United States of America and enforcement and regulatory agencies thereof, which regulate or control the Licensee’s use of the Site. 17. Subject Property and Licensed Premises Disclaimer. The Licensee expressly acknowledges that the Licensor has made no representations or warranties, express or implied, as to the adequacy, fitness or condition of the Subject Property and Licensed Premises for the purposes set forth herein, or for any other purpose or use, Resolution 21-R-0038 Page 7 of 12 ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] express or implied, by the Licensee. ALL IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY AND HABITABILITY ARE HEREBY EXCLUDED. The Licensee accepts use of the Subject Property and Licensed Premises and any improvements thereon in “AS-IS” condition and “WITH ALL FAULTS”. The Licensee acknowledges that it has inspected the Subject Property and Licensed Premises and has satisfied itself as to the adequacy, fitness and condition thereof. 18. Right to Relocate. If during the term of the License Agreement, the Licensor is required to perform any work on the roadway involved hereunder, including but not limited to, improvements or reconstruction, or for any other reason, and in the reasonable judgment of Licensor such work necessitates relocation of the Licensee’s cable or equipment, the Licensee shall be solely responsible for relocating the conduit, other cables or equipment thereon and shall be solely responsible for any and all costs associated therewith, except as provided by law where a third party may be responsible for the cost of such relocation, including, but not limited to situations of eminent domain, airport improvement, urban renewal, and/or public transportation projects. In the event Licensee is required to relocate its infrastructure Facilities due to the construction of a public improvement, Licensor shall provide Licensee with notice at least one hundred twenty (120) days prior to any required action of Licensee to relocate its infrastructure Facilities and shall cooperate with the Licensee to identify a replacement and alternative Public Right-of-way for the relocation of its infrastructure Facilities. Said relocation shall be fully completed within one hundred eighty (180) days from the date of receipt of the Notice accompanied by a preliminary engineering design plan. In the event said relocation is required outside the Licensor’s right-of- way or delayed due to the fault of a third party, Licensee shall make a written request for an extension for the completion of said relocation. Provided Licensee uses all commercially reasonable measures to relocate the telecommunications services, the Licensor’s approval shall not be unreasonably withheld. 19. Right to Enter. The Licensor reserves the right to enter upon and repair any or all damage to areas surrounding the licensed premises, and if such damage is caused by Licensee, then the actual, reasonable and documented cost of such repair will the responsibility of Licensee. 20. Miscellaneous. A. The parties agree that no change or modification to this License Agreement, or any exhibits or attachments hereto, shall be of any force or effect unless such amendment is dated, reduced to writing, executed by both parties, and attached to and made a part of this License Agreement. B. The parties agree that the titles of the items of this License Agreement, hereinabove set forth, are for convenience of identification only and shall not be considered for any other purpose. Resolution 21-R-0038 Page 8 of 12 ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] C. The parties agree that if any provision of this License Agreement is held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remainder would then continue to conform to the purposes, terms and requirements of applicable law. D. This License Agreement shall be construed, governed, and enforced according to the laws of the State of Illinois and any action to enforce this License Agreement may be brought in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. LICENSEE, MCImetro Access Transmission Services Corp., d/b/a Verizon Access Transmission Services: By: Authorized Representative Printed Name: Title: Attest: By: Printed Name: Title: LICENSOR, City of West Chicago: By: Ruben Pineda, Mayor City of West Chicago Attest By: Nancy R. Smith, City Clerk City of West Chicago Resolution 21-R-0038 Page 9 of 12 ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "A" to CITY OF WEST CHICAGO/MCIMETRO ACCESS TRANSMISSOIN SERVICES CORP., LLC LICENSE AGREEMENT INSTALLATION OF APPROXIMATELY 598 LINEAL FEET OF (1)-2" HDPE CONDUIT @ A MINIMUM DEPTH OF 24" BY DIRECTIONAL DRILLING METHOD AND (2) 2.515’XK2.5’ HAND HOLE (HH); CONSTRUCTION STARTS AT EXISTING WOW HH AT THE NORTHWEST CORNER OF SPENCER STREET AND PARKER AVENUE AND CONTINUES NORTH APPROXIMATLEY 538' ALONG THE WEST SIDE OF PARKER AVENUE TO PROPOSED HH, THEN EAST APPROXIMATELY 60’ TO PROPOSED HH. Resolution 21-R-0038 Page 10 of 12 ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "B" to CITY OF WEST CHICAGO/MCIMETRO ACCESS TRANSMISSOIN SERVICES CORP., LLC LICENSE AGREEMENT Engineering plan set titled “MCImetro, Access Transmission Corp. D.B.A. Verizon Access Transmission Services, Project Name: Parker Ave, Project #: UG_PERMIT_1038_06(1), Permitting Agency — City of West Chicago”, as prepared by draftPros, as prepared for LEDCOR Group, latest revision dated January 26, 2021, consisting of 1] engineering plan sheets (see attached). Resolution 21-R-0038 Page 11 of 12 ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "B" - License Agreement - City of West Chicago/MCImetro Access Transmission Services Corp. MClImetro ACCESS TRANSMISSION SERVICES CORP. D.B.A. VERIZON ACCESS TRANSMISSION SERVICES PROJECT NAME: PARKER AVE PROJECT #: UG_PERMIT_1038_06(I) PERMITTING AGENCY - CITY OF WEST CHICAGO PROJECT: UG_PERMIT_1038_06¢1) WEST CHICAGO, IL ‘QUANTITY VICINITY MAP WEST CHICAGO, IL 60185 v “9 5 ~ * id 15. bk carey P26 Q 9 Z és 5 8 Q\ie sad.’ g 56/8 E 2 2s ) FIs * x) ef alg eo Ole TABLE OF CONTENTS: commit dt ; 38 Ab 001. COVER SHEET ‘ . § ale 002, OVERALL VIEW : A s Bly 003, PROJECT CONTACT & NOTES SHEET F BIE 004. F.0.C.U.S. SHEET une G22 9 g 8 005. CLARIFICATION SUMMARY SHEET ° test One996 INNY g 006. SYMBOLS SHEET =e vsmQ < 007. HANDHOLE DETAIL ' DATE osmazo8 008. ADDITIONAL NOTES AND DETAILS > 009. TYPICAL RESTORATION DETAIL 010-011. PLAN VIEW —— 9 Tose] meconnrconeis | DPI 9 wiearraaoy | Der CITY COMMENTS oP t 9a CHYCOVMENTS [OPI CITY COVMENTS DPI ar) fr2riazo| CITYCOWNENTS _| OPI ' p CITY COMMENTS SCOPE OF WORK - PLACE (2) 2.5' x 5' x 2.5' HANDHOLE - NEW UG PLACEMENT 600' OF 1-2" HDPE VERTICAL: NTS. MP. TO MP [SHEET oor OF _onn_ | oo OF ont FILE: UG_PERMIT_1038_06() PREPARED BY. PREPARED FOR: JES draftPros & QcOR] kangan eg aoa 2 _ ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] PROJECT: {UG_PERNIT_1038..06¢ 1) WEST CHICAGO, IL CLARIFICATION NO. | QUANTITY CITY OF WEST CHICAGO PERMIT REQUIRED START 00+00 _ 600 600' we 210 600" 240 2 NY W GENEVA ST |-\ 010 SPENCER ST “| PARKER AVE MCImetro \CCESS TRANSMISSION SERVICES CORP. OUTSIDE PLANT CONSTRUCTION TITLE: UG_PERMIT_1038_06(I) A DATE: 06222018 ENGINEER, DRAFTPROS DRAWN BY. _DRAFTPROS REVISIONS pate | oescapnion | nana HRECONTYCOMENTS WILSON AVE o) Oo -- a) Oo CITY COMMENTS CITY COMMENTS ‘OPI CITY COMMENTS OPI fzivarao|CHYCOWMENTS | OPI p CITY COMMENTS SCALE VERTICAL: NAS. OVERALL VIEW ee na GS N.T.S. Dee Se argon here. 2 | | ‘\ ei MP TO MP [SHEET 002 OF _o1t_| coz OF on FILE: uG_PERMIT_1038_06() ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] GENERAL NOTES 1, MCI COMPRISES THE FOLLOWING OPERATING ENTITIES MCI COMMUNICATIONS SERVICES, INC. MCI METRO ACCESS TRANSMISSION SERVICES CORP. = MCI METRO ACCESS TRANSMISSION SERVICES. (OF VIRGINIA, INC. = MCI METRO ACCESS TRANSMISSION SERVICES OF MASSACHUSETTS, INC, = METROPOLITIAN FIBER SYSTEMS OF NEW YORK, INC. 2. ALL WORK TO BE DONE WITH EXTREME CAUTION | FIBER OPTIC CABLE IS CARRYING TRAFFIC AND LOSS OF SERVICE WILL RESULT IN LOSS OF REVENUE. CONTRACTOR SHALL NOT WORK IN AMANNER THAT MAY AFFECT TRAFFIC-CARRYING FACILITIES IN ‘THE ABSENCE OF AN MCI EMPLOYEE OR CERTIFIED CONTRACTOR. 3. ALL WORK TO BE PERFORMED IN STRICT ACCORDANCE WITH THE APPLICABLE CODES OR REQUIREMENTS OF ANY REGULATING GOVERNMENTAL AGENCY, MCI BUSINESS, OR THE RIGHT-OF-WAY- GRANTOR, 4, LOCATIONS OF SOME OF THE PHYSICAL FEATURES WERE OBTAINED FROM DATED RAILROAD VALUATION MAPS OR OTHER DRAWINGS, ‘AND MAY BE AS SHOWN OR DEPICTED ON THESE DRAWINGS. ‘5S. UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS, BUT ARE NOT NECESSARILY EXACT. THERFORE, UTILITY LOCATIONS WILL BE VERIFIED AT LEAST 100 FEET IN ADVANCE OF TRENCHING OR PLOWING, SO THAT CHANGES IN CABLE PLACEMENT CAN BE MADE IN EVENT OF CONFLICTS. 6. ALL KNOWN BURIED OBSTRUCTIONS ARE SHOWN ON THE CONSTRUCTION DRAWINGS. ANY AND ALL OTHERS ENCOUNTERED ARE ‘ALSO THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE, PROTECT, AND REPAIR, IF DAMAGED. 7. ANY AND ALL IMPROVEMENTS, SUCH AS ASPHALT OR CONCRETE PAVEMENT, CURBS, GUTTERS, WALKS, DRAINAGE DITCHES, EMBANKMENTS, SHRUBS, TREES, GRASS SOD, ETC., IF DAMAGED, SHALL BE RESTORED TO ORGINAL OR BETTER CONDITION. 8. EQUIPMENT TYPES SPECIFIED HEREIN (ie: "BACKHOE, “SWAMP PLOW’, ETC.) ARE SUGGESTIONS ONLY AND ARE NOT INTENDED AS REQUIREMENTS. CONTRACTOR WILL BE NOTIFIED CITY OF WEST CONSTRUCTION NOTES 1. Traffic Control - All work conducted within the City's right-of-way shall be governed by all applicable articles of the "Standard Specifications of Road and Bridge Construction in Illinois, adopted April 1, 2016", and the current edition of the “Illinois Manual on Uniform Traffic Control Devices for Streets and Highways". 2. At any location where the "proposed utility" crosses a City owned and maintained utility, the pipeline shall be installed a minimum of thirty-six (36) inches above the City utility or a minimum eighteen (18) inches below said City utility. 3. The "proposed utility" shall be installed a minimum five (5) feet from any City owned and maintained utility. 4. All disturbed areas are to be restored within 30 days from the start of work. 5. Disturbed non-paved surfaces shall be restored with a minimum six (6) inches of topsoil, and sod or seed. Grass blend shall be salt and drought tolerant. Matting for soil and moisture retention shall be used in all seeding applications, 6. Streets shall not be closed to two way traffic. 7. All excavations within paved surfaces or within two (2) feet of the back of curb or sidewalk, whether they are existing or Proposed, shall to be filled with compacted granular trench backfill according to IDOT specifications. 8. All conduits and fiber optic cables shall be installed by directional bore method. PROJECT CONTACTS ENGINEERING CONTRACTOR OWNERS NAME OF FIRM: LEOCOR TECHNICAL SERVICES PROJECT MANAGER: DENNIS CLARK EMAIL: DENNIS.CLARK@LEDCOR.COM PHONE: (312) 809-8183 CONSTRUCTION CONTRACTOR NAME OF FIRM: LEDCOR TECHNICAL SERVICES CONSTRUCTION MANAGER: WAYNE SMITH PHONE: (312) 971-1488 CITY GOVERNMENT CITY OF WEST CHICAGO 475 Main Street, ‘Weet Chicago, IL 60185, Phone: (630) 293-2200 NAME OF FIRM:MCI METRO TRANSMISSION SERVICES LLC/D.B.A VERIZON ACCESS TRANSMISSION SERVICES. ENGINEER: OSCAR GUERRERO. PHONE: (312) 453-8106 EMAIL: OSCAR.GUERRERO@ONE.VERIZON.COM CONSTRUCTION NOTES 1, ALL CONDUIT WiLL BE 2" HOPE 2, CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UTILITIES ‘48 HOURS PRIOR TO CONSTRUCTION ACTIVITY. 3, ALL UNDERGROUND OBSTRUCTIONS, WHEN LOCATED, WILL REQUIRE THE PLACEMENT OF A BURIED CABLE MARKER ‘AND THE PLACEMENT OF 4” MANUFACTURED SPLIT PVC, BSP/GSP OVER OR UNDER EACH OBSTRUCTION. 4, SHORING MAY BE REQUIRED AND SHALL COMPLY TO O.S.HA. STANDARDS, 5. ALL BURIED CONDUIT/CABLE WILL BE PLACED AT 35° MINIMUM COVER UNLESS SPECIFIED OTHERWISE ON THE CONSTRUCTION DRAWINGS. 6. MECHANICAL PROTECTION SHALL BE REQUIRED ANYTIME ‘A.36" MINIMUM COVER IS UNOBTAINABLE UNLESS: ‘SPECIFIED OTHERWISE ON THE CONSTRUCTION DRAWINGS. 7. VERIZON BUSINESS PERSONNEL TO BE CONTACTED BY THE CONTRACTOR 48 HOURS PRIOR TO CONSTRUCTION. SEE CONTACT SHEET FOR CONTACT NAME AND TELEPHONE NUMBER. 8. ALL STATIONING IS BASED ON AS-BUILT INFORMATION, ‘THEREFORE SOME VARIANCE SHOULD BE ANTICIPATED. ADJUST AS NEEDED. ‘9, RAILROAD COMMUNICATION AND SIGNAL CABLES TO BE LOCATED PRIOR TO CONSTRUCTION ACTIVITY. RAILROAD ‘TO BE GIVEN 48 HOURS NOTICE PRIOR TO CONSTRUCTION. 10. ALL BURIED CABLE MARKER POSTS AND HARDWARE PLACED ANDIOR REMOVED ON ALL NEW AND EXISTING ROUTES SHALL BE IMPLEMENTED AS FOLLOWS: A.ON THOSE ROUTES THAT ARE CONSIDERED TO BE IN A NORTH TO SOUTH GEOGRAPHICAL ORIENTATION, THE SOUTHERN-MOST SIGN AND POST SHOULD BE REMOVED. * FOR NEW ROUTES BEING CONSTRUCTED, ONE SIGN POST WILL BE PLACED AT THE NORTH END OF EACH HANDHOLE. 8. ON THOSE ROUTES THAT ARE CONSIDERED TO BE IN AN EAST TO WEST GEOGRAPHICAL ORIENTATION, THE WESTERN-MOST SIGN AND POST SHOULD BE REMOVED. * FOR NEW ROUTES BEING CONSTRUCTED, ONE SIGN POST WILL BE PLACED AT THE EAST END OF EACH HANOHOLE. PROJECT: UG_PERMIT_1038_06¢1) WEST CHICAGO, IL CLARIFICATION NO. | QUANTITY (I) MCImetro ACCESS TRANSMISSION SERVICES CORP. OUTSIDE PLANT CONSTRUCTION TITLE: UG_PERMIT_1038_06 DATE: 0622018 ENGINEER: DRAFTPROS REVISIONS. DATE | cescRPTion | wana rosie] SIDEWALK ANCHOR ANO GUY danneacente 9 ble ROAD Els Q 6|8 moines R R FOREIGN ANCHOR AND GUY —t — ‘anon gS 38 PUSH BRACE (EXISTING POLE) a et gg SIGNAL POLE & Els TO BE REMOVED OR ABANDONED _———_ —— fH eo Zin (SHOWN FOR HOPE) ACCOUNT CODE CHANGE (QURIED TO AERIAL) Pr >—e RALROAD 32 8|s AERIAL UTILITY ELECTRIC) & ——————— &o 5 |% - oH 2 2 re RAILROAD SIGN Q a UNDERGROUND UTIUTY (TELEPHONE) CULVERT (HZE AB WEACATED) —s 72 ala! TRAFFIC SIGNAL oh mt gle MAIN TRACKS, = 5 — ee ern ea Seer) BRIDGE HANDHOLE (SINGLE) Lone HU $ 2 FE Fe BIE IGNAL | 7 ‘AUXILLARY TRACKS, = fia eean(}esicmioe oemmilon FaNoHoue ovee) — (I) a] 9 alr uw RAILROAD SIGNAL CONTROL BOX BULOING 10 —— a TRAFFIC SIGNAL o 8 (CENTERLINE ct ome Co oo CAUTION NOTE ‘CABINET - SMALL PAD. = < RIGHT-OF-WAY OW — —SS TRAFFIC SIGNAL f EDGE OF PAVEMENT oP. ——————— caaer-tarce pao — I) O DATE 06227018 UNDERGROUND: UC oe US a : ENGINEER: DRAFTPROS TRAFFIC SIGNAL oO t a ‘SIDEWALK —_—— w SS SW eee PEDESTAL u + DRAWN BY: _DRAT 1S Ne TREES REVISIONS ore —_— ile QR Re we [_cescrpnon TAX DISTRICT = a rosa] mweconrrcomeNs | DPI STORM SEWER MANHOLE CITY, COUNTY OR STATE BOUNDARY LINE se ® © PROPERTY LINE a re CATCH BASIN © 2 FENCE LINE X x STORM CATCH BASIN i) @® TY COMMENTS ad GUARDRAIL —1 i— STREET SIGN 2 ~ ~ E oo d ? WH COUN TOP OF SLOPE Sa aaa oe y STRUCTURE BELOW GROUND sromcuverr WY y TOE OF SLOPE ia Oo Ww SEWER LINE ——s STRUCTURE ABOVE GROUND Q Dd ‘STREET LIGHTS WATER CAP @ @ WATER UNE ——_w FIRE HYD + + SCALE STREETLIGHTS STORM DRAIN LINE ————— 55: HORIZONTAL: NTS. TRAFFICLIGHT Post PREPARED BY: VERTICAL. NTS. LECTRIC LINE ————_ e—___ ELECTR TRAFFIC LIGHT MAST ARM —— ——s —_— D fp. MP To MP AS une draftPros Wooo uTiUTY POLE 1© © TRAFFIC LINE — — TRF aera eee SHEET OG OF on - LAWN BASIN a 2 SN ae Ron. Ste 100 —— STREET LIGHT UNE Margen wears N64 FILE: UG_PERMIT_1038_06(0) ===== PDF PAGE 77 ===== [Extraction: OCR (rendered-page OCR)] UNISTRUT CHANNEL. DETAIL "A" EXPLODED ISOMETRIC DETAIL SEE DETAIL*A-3" THIS SHEET NON-SKID ‘SURFACE EMS MARKER SMCAT 81411 (ONE SIDE ONLY) Lock DOWN DEVICE AND DIRT SHIELD SEE DETAIL *A-i* THIS SHEET SUPPORT BEAM 1.625" X 1" X 33" (REQUIRED) 375° INSERT SEE DETAIL “A-«” THIS SHEET 4.50" BELL ENDS WiPVC. PLUG. BELL ENDS TO ACCOMODATE SCHED, 40 PVC (BOTH ENDS) ‘TWO PIECE REINFORCED. POLYMER MORTAR (RPM) COVER FOR 20,000 LBS. LOADING WEIGHT UFTING sLoT 4X2" WITH CENTER PIN JSIN. MCL 2° KNOCKOUT (BOTH ENDS) 2.80" KNOCKOUT (BOTH ENDS) 1-800-624-9675 LOCKING BEAM (CENTER ONLY) UFTING BOLTS (TYP. 4 PLACES) b .SOIN. ‘SEE DETAIL“A-2* THIS SHEET REINFORCED POLYMER MORTAR FRAME (RPM) BONDED TO VAULT BY MANUFACTURER FIBERGLASS REINFORCED. PLASTIC VAULT (FRP) 3° REINFORCED RIB DETAIL EXCAVATION PIT PLAN PROFILE SUITABLE oR [— re | (one sige ont) /— existING crave Seen, \ ee i] = ‘SUITABLE DIRT Ri soon & rd ‘ HANOHOLE a ; ae (CRUSHED STONE _ Pvc, pepe SonouT crv 2.5' x 5' x 2.5' HANDHOLE DETAILS DETAIL "A-1 NEOPRENE RUBBER 4X 150° X25" LOCK DOWN DEVICE 1875" SCREW WITH FLAT WASHER: A N SECTION A-A @ KM REINFORCED: POLYMER MORTAR COVER ANO FRAME LOCKING DEVICE CROSS SECTION DETAIL "B" VAULT BOTTOM PLAN VIEW (144 SQ. IN. TOTAL DRAINAGE) eh yar te 1vP. 1 DIAHOLE | FOR GROUND ROD t (yP-2PL) » | wr T = ner ‘So' OPENING (VAX) awe ave-4Pt) LJ z DETAIL "D" je-—— 30° stg 30"__» SIDE WALL VIEW INSIDE LOOKING OUT — a rhe rh} | L f DETAIL "A-2" ENGAGED LOCK DOWN DEVICE STAINES: NEOPRENE COVER eae —_ Sy CAPTURE NUT Wi = STAINLESS ENO CAP la 4,°, 9 (ELF CLEANING) ‘2 jo 4 ‘ | |) 1000 UNISTRUT DETAIL "A-3" COVER HOLD DOWN BRACKET OF 2-PIECE RPM COVER 37S" INSERT (TYP-4 PLACES)LS) e eo 9 2 f° PROJECT: UG. PERAIT_1036_06¢ 1) WEST CHICAGO, IL. CLARIFICATION NO, | QUANTITY & P\— asx 125" Hex Bout 9 WITH NOT, ANO WASHER z o Sle wo «EIS COVER HOLO DOWN Q 9/8, BRACKET (HOT DIPPED 2 elie GAL) @ RED) G FIs ui 2 " e Zz, DETAIL "A-4 ge ale SUPPORT BEAM &3 51 INSTALLATION ga ala (TYP. AT 6 PLACES) 2 alo 2 ww}? é Oo} ai EF Ble 9 BIE oO co} RPM FRAME: sueport y is} < DATE: 06/22/2018 ENGINEER: ORAFTPROS DRAWN BY: ORAFTPROS: REVISIONS Gare | _cescuenion [vane Torre) mecoaconens | OPI pvicaad oman [OPI Notes: CITY COMMENTS OPI 1. VOIDIN EXCAVATED AREAS TO BE BACKFILLED WITH eomycowients | OPI SELECT MATERIAL, 2, BOTTOM OF EXCAVATED PIT TO BE BACKFILLED WITH 12° ‘OF CRUSHED STONE (.75" GRADE). 3. SHORING WILL BE REQUIRED, 4, ALL HANOHOLES SHALL BE PLACED BELOW EXISTING. GRADE. S, THIS HANDHOLE IS OF FIBERGLASS MATERIAL, 375° LAG BOLT ANCHOR (TYP.) LINEAR DISTANCE BETWEEN LAG| IBOLT ANCHORS MUST BE 25", APROXIMATELY POUNDS IN WEIGHT. THE LIDS ARE POLYMER CONCRETE MATERIAL, EACH APPROXIMATELY POUNDS. CITY COMMENTS: DPI CHYCOWMENTS [OPI CITY COMMENTS PREPARED BY PREPARED FOR: HORIZONTAL: VERTICAL NOS. NTS, draftPros 3702 N Wine Rous Sue 102 ‘Nioggon eh, 62004 MP TO MP SHEET 007 OF Ott FILE: Uo_PERMIT_1038_06(9 ===== PDF PAGE 78 ===== [Extraction: OCR (rendered-page OCR)] ADDITIONAL NOTES: 1. EXCEPT AS OTHERWISE NOTED, CONTRACTOR SHALL MAINTAIN A MINIMUM OF 5' OF HORIZONTAL CLEARANCE FROM EXISTING UTILITIES. 2. CONTRACTOR SHALL POTHOLE EACH UTILITY TO DETERMINE SIZE, LOCATION, AND DEPTH PRIOR TO CROSSING, 3. CONTRACTOR IS CAUTIONED TO PROTECT SEWER MANHOLES, CATCH BASINS, LATERALS AND INLETS. 4, CONTRACTOR WILL PROVIDE BARRICADING TO INSURE CORRECT TRAFFIC CONTROL WHILE MAINTAINING VEHICULAR TRAFFIC AT ALL TIMES. 5. RESTORATION TO BE IN COMPLIANCE WITH MCI AND APPLICABLE PERMITTING AGENCIES. 6. BONDING AND GROUNDING PER NESC. 7. CITY REQUIRES A MINIMUM OF 36" VERTICAL SEPARATION ABOVE CITY UTILITIES, OR 18" BELOW AT CROSSINGS. 8, CITY REQUIRES A MINIMUM OF 48" VERTICAL SEPARATION FROM TOP OF PAVEMENT FOR STREET CROSSINGS. PUBLIC UTILITY NOTE: CONTRACTOR SHALL NOTIFY ALL PUBLIC UTILITY COMPANIES (GAS, ELECTRIC, TELEPHONE, SEWER, WATER, ETC) PRIOR TO COMMENCING ANY CONSTRUCTION. THESE COMPANIES WiLL LOCATE, ON THE GROUND, THE LOCATION OF ALL CONDUITS, DUCTS, UNDERGROUND PIPING, ETC., ADJOINING & CROSSING PROPOSED CONSTRUCTION. TYPICAL DETAIL DIRECTIONAL BORE CROSS SECTION 36" MIN caver 2" HDPE AT 36° MIN DEPTH NOTE: DEPTH WILL VARY [o} AND WILL BE ADJUSTED TO A GREATER DEPTH AS EXISTING UTILITIES ARE LOCATED ANO DEPTHS ARE. PROVIDED BY LOCATOR, EXISTING GRADE, TYPICAL DETAIL TRENCH AND PLACE CONDUIT 2° HDPE AT 36” MIN DEPTH IF 2" OR LESS FROM EDGE OF PAVEMENT, REMOVE AND a4 INCLUDE IN REPAIR MIN, y 95% MIN. R.C. REPLACEMENT AC PAVEMENT TO BE 0.25' MIN AND INCLUDE IN REPAIR EXISTING GRADE 95% MIN. R.C. CLASS Il BASE (IF EXISTING) MATCH EXISTING THICKNESS OR 6" MIN BURIED CABLE MARKER TAPE 95% MIN R.C. 12" WIDE OR LESS USE 1-1/2 SACK CEMENT SLURRY 2" HOPE PREPARED BY. PREPARED FOR. PROJECT: (UG PERNT. 1038..0661) WEST CHICAGO, IL ‘QUANTITY (0) OUTSIDE PLANT CONSTRUCTION ACCESS TRANSMISSION SERVICES CORP. TITLE: UG_PERMIT_1038_06 DATE: 0622018 ENGINEER: ORAFTPROS DRAWN BY: _DRAFTPROS REVISIONS. care | cescmenon | nana yoane| ae coatrcomes | OPL DRERSTV RESON BF CITY COMMENTS bet CITY COMMENTS ‘DPI CITY COMMENTS SCALE draftPros PB ices sean eaten regres. $04 VERTICAL NTS. TO MP SHEET FILE: UG_PERMIT_1038_08(1) ===== PDF PAGE 79 ===== [Extraction: OCR (rendered-page OCR)] PROMECT: UG _PERMIT_1038.06¢1) WEST CHICAGO, IL CLARIFICATION NO. | QUANTITY TYPICAL RESTORATION DETAIL P.C CONCRETE - 5" THICK (SIDEWALK CROSSING COMMERCIAL DRIVEWAYS SHALL BE 8" THICK) SIDEWALK | PARKWAY PAVEMENT 95% MODIFIED PROTECTOR COMPACTED SUBGRADE SOD 4 CONCRETE OR PAVEMENT AS THE CASE mes 4 BASE a SUBBASE () = 6" TOPSOIL AND SOD = \ OUTSIDE PLANT CONSTRUCTION TITLE: UG_PERMIT_1038_06, NOTES ACCESS TRANSMISSION SERVICES CORP. 1, SIDEWALK RESTORATION TO BE COMPLETED ACCORDING TO IDOT STANDARDS. DATE: 06/22/2018 ENGINEER: DRAFTPROS DRAWN BY: _DRAFTPROS REVISIONS. Descmenon | vamial YRECONTY COMETS | DPI DuERSTYREWSION PI CITY COMNENTS DPI CITYCOWMENTS | OPI CITY COMMENTS OPI fr2nazoCIYCOWMENTS |" OPI CITY COMMENTS 2, SETTLED OR CRACKED PUBLIC SIDEWALK TO BE REMOVED AND REPLACED. 3. NEW SIDEWALK TO BE PLACED ON 4" COMPACTED STONE. 4. SIDEWALK REMOVAL AND REPLACEMENT TO BE PLACED ON SUITABLE COMPACTED SUBGRADE. 5. PCC MATERIAL SHALL BE IDOT CLASS. | SSCALE—C‘*=dY (HORIZONTAL: NTS. _| VERTICAL: NTS. MP. TO MP SHEET 009 OF Ott FILE: UG_PERMIT_1038_06( PREPARED BY. PREPARED FOR draftPros 3709 N Whe Road te 100 ‘Ategton Meg’ 1 60004 ===== PDF PAGE 80 ===== [Extraction: OCR (rendered-page OCR)] STA: 00+00 (E) | PLACE NEW 2.5%x5x2.5 HH " 7] PROPOSED BORE PIT = 60" DEPTH | EMOVE AND RESTORE 25sq 10 ——— EQUAL OR BETTER CONDITION ‘ ‘i l —E—| 83" DEPTH 89" DEPTH a — _ PaDIEET bee nay y UG. PERMIT. 1038_06¢19 Row ++ — BOW) a ____| SV _ x WEST CHICAGO, IL = 7" o am rey Sp FOP gg = ——<—_ kk Fe SS ; = [ELARIFICATION NO, QUANTITY aise PARKER AVE |" 03+00; } a Pa) me ae 8 — QS ESE So es s+ a aa eT i ls 1 |? eee ina in oh en FS SE ff uw = 5 Cyt ft) _-] ) Sa ae : fs B08; D8: 8 PRA] OC yy aw wn le Oo Ee xt = / STA: 00+00 COMPLY WITH RESTORATION DETAIL IF| SIDEWALK IS IMPACTED) | (SHEET 009) . | —— | —— — | MP iy / LI by EXISTING UTILITIES DEPTH TO BE FIELD VERIFIED BY THE CONTRACTOR BEFORE BORING INSTALL 2.5%5'x2.5' HH PLACE NEW 2.5'x5'x2.5' HH —— | | 224 Parker Ave, 0) INSTALL 2.5%5'x2.5' HH PROPOSED BORE PIT OUTSIDE PLANT CONSTRUCTION TITLE: UG_PERMIT_1038_06; ACCESS TRANSMISSION SERVICES CORP. tT pe | | 01.00 a AVE | | | 00.00 | -01.00 ime | | | 202,00 om DB 08—— - ob Op—_—0u—}- $s: oh —— 03.00 | LEE. LS | ff re re = | | |_| Jel} los tf | | DATE: _pezaants al gig | || — | | | | & | -04.00 a) 7 18 ; +1} 8 i 1 3}—+—+-—+ i184; 1 8 j t -05.00 warde | | | | REVISIONS 7) Tt v TT 7 T v T I -06.00 | |__f oe {| | 4 } | | | on oo i THE COAI COMETS -07.00 {ff |_| INSTALL AT 24" DEPTH] | oe oe | | i | | | on | | 2 — -08.00 " min| i | | | | | | | o| CITY COMMENTS 1 1 1 | 1 i 44 i or in eal | 1 CITY COMMENTS 709.00 | |_| a 1] | | | i | CITY COMMENTS CITY COMMENTS: INSTALL AT 84" DEPTH 00+00 (W) o0+50 01+00 01+50 02+00 02+50 03+00 03+50 04+00 JHE CONSTRUCTION NOTES SEE SHEET 08 @ PL. 2.5'x 5'x 2.5 HAND HOLE (CODE 240) me - . ADDITIONAL NOTES PREPARED BY. PREPARED FOR VERTICAL: () PL. 60° 1-2 in. HDPE (CODE 600) (CODE 210) ~ PUBLIC UTILITY NOTE . . - BORE DETAIL draftPros Ze MP. @) PL. 2.5'x 5' x 2.5' HAND HOLE (CODE 240) - TRENCH DETAIL 20024 Whe Rous Ste 100, ‘Atngzon Hegre. 6004 (4) PL. 410° 1-2 in, HDPE (CODE 600) (CODE 210) ===== PDF PAGE 81 ===== [Extraction: OCR (rendered-page OCR)] CONSTRUCTION NOTES (® PL. 130° 1-2 in, HDPE (CODE 600) (CODE 210) ® EXISTING HAND HOLE 04+11 SEE SHEET 010 MATCH SURVEY STA. —— opm 4 a - —— akc, et anes _ 7 ] ed r a2! ai “a 4 Row 1S sw —— 1 > ! 5 =sg== FOR = ==ss= = == ss-— i: Har Le aie PEPIn OSrt \ a | | -44" DEPTH = - —S— = — —8— a — s= ——— =P PARKER AVE ry! ——w- ae | 4 | Aes PROPOSED BORE PIT 1 ! = REMOVE AND RESTORE 20sq TO a EQUAL OR BETTER CONDITION ———— Ig > 1S 1 = i ' STA: 05+38 T ob \ SE EXISTING | Ips wow2.5x5x2.5'HH= 3! ilu | 2 1G) T |i! © 1 i ju | F 2 1 hea - z $ D | | ] TT as EXISTING UTILITIES DEPTH TO BE FIELD VERIFIED BY THE CONTRACTOR BEFORE BORING EXISTING HAND HOLE PROPOSED|BORE PIT 04+50 05+00 05+50 SEE SHEET 08 - ADDITIONAL NOTES - PUBLIC UTILITY NOTE - BORE DETAIL - TRENCH DETAIL PREPARED BY. PROJECT: UG_PERMIT_1038_06¢ 1) WEST CHICAGO, IL CLARIFICATION NO. | QUANTITY (), OUTSIDE PLANT CONSTRUCTION TITLE: UG_PERMIT_1038_06; a (4 fe} 3 a w Q 5 & in 0 Z 9 o Q = a s F o ® rr 9 ° < DATE: os2ze018 ENGINEER: DRAFTPROS DRAWN BY: _DRAFTPROS REVISIONS. DESCRIPTION TARE COUNTY COMMENTS NERY REVSON CITY COMMENTS CITY COMMENTS CITY COMMENTS vata OPI cat Nefore E Dig CITY COMMENTS SCALE VERTICAL: 4 draftPros S709 Wade Road Sue 109 ‘Aangton Hegre, 60004 MP TO MP SHEET 011 OF _ ott 1 FILE: uG_PerMIT_1038_06() ===== PDF PAGE 82 ===== [Extraction: OCR (rendered-page OCR)] Exhibit "C" to CITY OF WEST CHICAGO/MCIMETRO ACCESS TRANSMISSOIN SERVICES CORP., LLC LICENSE AGREEMENT ¢ MClImetro Access Transmission Services Corp. Certificate of Liability Insurance and Endorsements (see attached). Resolution 21-R-0038 Page 12 of 12 ===== PDF PAGE 83 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO TEM TITLE: AGENDA ITEM NUMBER: _ &-N. Resolution No. 21-R-0039 — Authorizing the Sale of 2015 Smith Road FILE NUMBER: COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 5/17/2021 STAFF REVIEW: SIGNATURE. APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: In August 2018, the City Council authorized staff to sell nine parcels of land after declaring them surplus. 2015 Smith Road is a parcel that should have been owned by the West Chicago Fire Protection District, as it was to be granted to it as the land donation requirement for the Cornerstone Lakes Subdivision. Via a recording error, it remained the City’s since 2001, and the City has been maintaining it since then. It would be appropriate for the Fire District to get the proceeds from this sale, less all costs incurred by the City since it’s been in our possession (about $20,000). The City Council previously approved an Agreement with another potential owner, but the transaction did not close. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 21-R-0039. COMMITTEE RECOMMENDATION: The property sales did not go to Committee as the terms of the Purchase and Sales Agreement is consistent with the direction previously given by the City Council. ===== PDF PAGE 84 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0039 A RESOLUTION OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS AUTHORIZING THE SALE OF SURPLUS MUNICIPALLY OWNED REAL ESTATE 2015 SMITH ROAD, WEST CHICAGO, ILLINOIS WHEREAS, the City of West Chicago (“City”) is the owner of a certain vacant real property identified by the common address of 2015 Smith Road, in the City of West Chicago, Illinois, designated by the Permanent Index Number 01-20-302-003 (“Real Property’); and WHEREAS, title to the Real Property vested in the City in error, it having been designated on subdivision for vesting in the West Chicago Fire Protection District (“District”); and WHEREAS, pursuant to Resolution No. 2018-R-0069, the Corporate Authorities of the City determined that it is no longer necessary, appropriate, or in the best interest of the City of West Chicago that it retain title to the Real Property; and WHEREAS, the District has informed the City that it is not in the best interests of the District to have ownership of the Real Property and it is not necessary or appropriate for the District to own it; and WHEREAS, the District and the City have determined that it is in the best interests of both entities to sell the Real Property; and WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/11-76-4.1, the Corporate Authorities of the City authorized the sale of the surplus Real Property, and directed the City Administrator to publish notice of the proposed sale based upon a written certified appraisal for the Real Property; and WHEREAS, the City Administrator did so advertise the Real Property for sale, and through the assistance of a licensed real estate broker, has recently received an offer to purchase the Real Property from Henri O Tirado Diaz and Nohemi Gonzalez, $2404 S 1st. Ave., Riverside, IL 60546; and WHEREAS, the offered purchase price of Sixty-Five Thousand and 00/100 Dollars ($65,000.00) is the sale price the Corporate Authorities authorized as the minimum sale price for the Real Property, and it is determined to be a fair and reasonable offer price given the current market conditions, and staff recommends that it be accepted so that the Real Property can be returned to the tax rolls as a privately held parcel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, Illinois, in regular session assembled: Section 1. That the recitals set forth above are incorporated herein in their entirety. 1 ===== PDF PAGE 85 ===== [Extraction: OCR (rendered-page OCR)] Section 2. That the Real Property designated herein be conveyed, pursuant to proper Quit Claim Deed to Fatmir Dzabiri for the amount of Sixty-Five Thousand and 00/100 Dollars ($65,000.00), pursuant to the terms of the Purchase and Sale Agreement attached hereto and incorporated herein as Exhibit A. Section 3. That City Staff and the City Attorney be directed to take all other reasonable and necessary steps to sell the Real Property in compliance with this Resolution and Exhibit A. Section 4. That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. SECTION 5: This Resolution shall be in full force and effect from and after its adoption, approval, and publication in pamphlet form as provided by law. PASSED this 17" day of May, 2021. APPROVED as to form: City Attorney APPROVED this 17" day of May, 2021. Mayor Ruben Pineda ATTEST: Nancy M. Smith, City Clerk PUBLISHED: May 18, 2021 ===== PDF PAGE 86 ===== [Extraction: OCR (rendered-page OCR)] dotloop signature verification: PURCHASE AND SALE AGREEMENT 2015 Smith Road West Chicago, Ilinois THIS AGREEMENT is entered into this _ day of June, 2021, by and between the City of West Chicago, an Illinois Municipal Corporation (“Seller”) and Henri O Tirado Diaz and Nohemi Gonzalez (“Buyer”). RECITALS: A. Seller is the owner of a certain parcel of vacant land (“Property”), bearing the common address 2015 Smith Road, West Chicago, Illinois designated by P.I.N. 01-20-302-003. B. Seller has duly adopted a Resolution declaring the Property surplus, and has directed its sale in accordance with the Illinois Municipal Code, 65 ILCS 5/11-76- 4.1. C. Buyer submitted its offer to acquire the Property from Seller, which Seller has accepted on the terms stated herein. THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Seller and Buyer agree as follows: ARTICLE I PURCHASE AND SALE 1.01. Agreement to Buy and Sell. Subject to the terms and conditions of this Agreement, upon approval of the Seller’s City Council, Seller will sell to Buyer, and Buyer will purchase from Seller, good and marketable title to the Property subject to the Permitted Exceptions which may appear on the Title for said Property, and conditioned on: (a) Soil Test/Flood Plain Condition: This Agreement is subject to Buyer obtaining within ten (10) Business Days from date of acceptance a soil boring test and/or Flood Plain Determination at a site or sites of Buyer’s choice on the Property to obtain the necessary permits from the appropriate governmental authorities for the improvement contemplated by the Buyer. Such determination and tests shall be at Buyer’s expense. In the event Flood Plain Determination and such tests are unsatisfactory, at the option of Buyer and upon written notice to Seller within one (1) Business day of the time set forth above, this Agreement shall be null and void and earnest money shall be refunded to the Buyer upon mutual written direction of Seller and Buyer. In the event Buyer does not provide written notice to Seller in the time specified herein, or if the Buyer fails to secure the Test or Determination within the time allowed herein, and said failure is the fault of the Buyer, this condition shall be deemed waived. 1 ===== PDF PAGE 87 ===== [Extraction: OCR (rendered-page OCR)] dotloop signature verification: «31: 1.02. Purchase Price. The purchase price (“Purchase Price”) for the Property is $65,000.00. Buyer will deposit $1,000.00 in earnest money with the Seller’s Broker which shall be a credit toward the Purchase Price. If this Agreement is declared null and void, or terminated by mutual agreement of the Parties, Earnest Money shall be disbursed to Buyer. If the Agreement is terminated by the sole decision of the Buyer, the Earnest Money shall be forfeited to the City. 1.03. Payment Terms. This is a cash sale. The sale of the Property is not contingent upon any financing. The Purchase Price will be payable at Closing (as hereinafter defined), plus or minus prorations provided for under this Agreement, and less other credits to which Buyer is entitled under the terms of this Agreement, in U.S. funds, by cashier's check or wire transfer of immediately available funds. ARTICLE II ATTORNEY REVIEW 2.01. Attorney Review. Within five (5) Business Days after Date of Acceptance, the attorneys for the respective Parties, by Notice, may: (a) Approve this Agreement; (b) Disapprove this Agreement, which disapproval shall not be based solely upon the Purchase Price; or (c) Propose modifications except for the Purchase Price. If within ten (10) Business Days after the Date of Acceptance written agreement is not reached by the Parties with respect to resolution of the proposed modifications, then either Party may terminate this Agreement by service of Notice, whereupon this Agreement shall be null and void. ARTICLE II PRE-CLOSING MATTERS 3.01. Title Commitment. Within a reasonable time upon acceptance of this Agreement, Seller will deliver to Buyer, a commitment for an owner's title insurance policy (“Title Commitment”) issued by a licensed Title Company (the “Title Company”) in the amount of the Purchase Price, covering title to the Property on or after the date of this Agreement, showing title in the intended grantor, subject only to the general exceptions contained in the policy, the Permitted Exceptions and title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at Closing and which Seller will so remove or cause to be removed at Closing by using funds Buyer will pay upon delivery of the deed. 3.02. Survey. The Property being vacant, Seller shall not provide a survey for the Property. Should Buyer require a survey, it shall be at Buyer’s cost. 2 ===== PDF PAGE 88 ===== [Extraction: OCR (rendered-page OCR)] dotloop signature verification: «i!; 3.03. Title Defects. If either the Title Commitment or any Survey conducted at the request of the Buyer disclose any encroachment or violation or any exceptions to title or other than an exception described in Section 3.01 of this Agreement (an “Unpermitted Exception”), Seller shall have ten (10) days from the date of delivery thereof to have the Title Company issue its endorsement insuring against damage caused by such encroachments, violations or Unpermitted Exceptions, and provide evidence thereof to Buyer. If Seller fails to have the same insured against within said 10-day period, Buyer may elect, on or before the Closing, to terminate this Agreement or accept the Property subject to such encroachments, violations and Unpermitted Exceptions. ARTICLE IV APPORTIONMENT OF COSTS 4.01. Real Estate Taxes. No real estate taxes are due and owing on the Property. Buyer will assume all real estate taxes as of the date of acquisition. 4.02. Title: Recording Costs. Buyer and Seller shall be responsible for their usual and customary costs of securing the title commitment and transfer of title to the Property. ARTICLE V CLOSING 5.01. Closing Date and Location. Seller and Buyer will use their best efforts to close this transaction on or before June 30, 2021 (the “Closing Date’), subject, however, to satisfaction of the conditions set forth in this Agreement, at the offices of the Title Company, or at such other time as is mutually acceptable to Seller and Buyer. In this Agreement, the term “Closing” refers to Seller's conveyance of title to the Property to Buyer. 5.02. Seller's Closing Documents. At Closing, the Seller will deposit with the Buyer the following documents: (a) A certified copy of the Seller’s Resolution authorizing the sale of the Property. (b) A recordable Quit Claim deed, in a form reasonably acceptable to Buyer's counsel and the Title Company, conveying good and marketable title to Buyer in fee simple, free and clear of all liens and encumbrances, except the Permitted Exceptions. (c) An ALTA Owner's Title Insurance Policy (“Title Policy”) issued by the Title Company in the form customarily used by the Title Company for property similar to the Property, in the amount of the Purchase Price, insuring that Buyer or Buyer's assignee has marketable, good, insurable and indefeasible fee simple title to the Property, subject only to the general exceptions of the Policy, the Permitted Exceptions, and any other exceptions Buyer has elected to accept. ===== PDF PAGE 89 ===== [Extraction: OCR (rendered-page OCR)] dotloop signature verification: «ii; (d) Executed ALTA Statement. (e) Executed real estate transfer tax declarations. (63) Such other documents as reasonably may be required to consummate the transaction contemplated by this Agreement. 5.03. Buyer's Closing Documents. At Closing, in addition to the Purchase Price, Buyer will deposit with the Seller, the following documents: (a) Executed ALTA Statement. (b) Such other documents as reasonably may be required to consummate the transaction contemplated by this Agreement. ARTICLE VI REPRESENTATIONS AND WARRANTIES 6.01. Seller's Representations and Warranties. To induce Buyer to enter into this Agreement, Seller makes the following representations and warranties (all of which representations and warranties will be deemed to have been made again at the time of the Closing, and all of which will survive the Closing): (a) Seller is a municipal corporation, duly organized, validly existing and in good standing under the laws of the State of Illinois, with full power and authority to enter into and carry out terms and provisions of this Agreement. The execution and performance of this Agreement and the terms and provisions hereof by Seller are not inconsistent with, and do not result in the breach of any terms of any agreement or instrument to which Seller is a party or by which Seller may be bound. (b) — There is not an unconfirmed pending special assessment affecting the Property by any association or governmental entity payable by Buyer after the date of Closing. (c) The Property is not located within a special assessment area or special service area. (d) The Property is zoned R3 Residential. ARTICLE VIL POSSESSION 7.01 Seller shall tender possession of the Property to Buyer as of the date of Closing. ===== PDF PAGE 90 ===== [Extraction: OCR (rendered-page OCR)] dotloop signature verification: diip.as/Zehs-bTMOwAss ARTICLE VIII BROKERS 8.01 Brokers. The Seller has retained the services of a Broker, whose fee shall be paid out of the proceeds of the Closing pursuant to the agreement between Seller and Broker. ARTICLE IX MISCELLANEOUS 9.01. Fees and Expenses. All costs, fees and expenses, including reasonable attorneys' fees, and court costs, incurred by a non-defaulting party as a result of the default of the other party will be paid by the defaulting party. 9.02. Notices. Any notice required or permitted to be given under this Agreement will be in writing and will be deemed to have been given when sent by telefacsimile to the telefacsimile number provided below for the intended recipient of such notice, or when delivered personally or on the date deposited in the United States mail, registered or certified mail, postage pre-paid, return receipt requested, and addressed as follows: If to Seller: City of West Chicago 475 Main Street West Chicago, IL 60185 Attn: City Administrator With copy to: Mary E. Dickson Bond, Dickson & Conway 400 S. Knoll Street, Unit C Wheaton, Illinois, 60187 Ifto Buyer: Henri O Tirado Diaz and Nohemi Gonzalez $2404 S Ist. Ave. Riverside, I] 60546 With copy to: Gerardo Badiano Cell: 847-858-0681 Email address: gbadiano@badianolaw.com or to such other address as a party may from time to time specify in writing to the other parties in accordance with the terms hereof. 9.03. Amendment. This Agreement cannot be amended or terminated except by written instrument signed by all the parties hereto. ===== PDF PAGE 91 ===== [Extraction: OCR (rendered-page OCR)] dotloop signature verification: 19 ..s/2eM3-: 9.04. Waiver. No failure by Seller or Buyer to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy upon a breach thereof, will constitute as waiver thereof. Any party hereto, by notice to the other parties, may, but will be under no obligation to, waive any of its rights or any condition to its obligations hereunder, or any duty, obligation or covenant of the other parties hereto. No waiver will affect or alter any other covenant, agreement, terms or conditions of this Agreement, all of which shall continue in full force and effect. 9.05 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement. 9.06 Governing Law. This Agreement has been entered into in the State of Illinois and will be interpreted under and governed by the laws of the State of Illinois. 9.07. Assignment. Buyer may not assign this Agreement, or any of Buyer’s obligations hereunder without first obtaining Seller’s written consent, which Seller may withhold in its absolute discretion. 9.08. Binding Effect. Without limiting the provisions of Section 9.07, this Agreement will bind and inure to the benefit of the Parties hereto and their respective successors and assigns. 9.09. Prior Agreements. This Agreement (including the exhibits attached hereto) is the entire agreement between Seller and Buyer and supersedes in its entirety all prior agreements and understandings relating to the Property. 9.10. Time of the Essence. Time is of the essence of the performance of each of the obligations of Seller and Buyer. ===== PDF PAGE 92 ===== [Extraction: OCR (rendered-page OCR)] dotioop signature verification: citip..s/Zet IN WITNESS WHEREOF, the parties have signed this Agreement on the date first above written. SELLER: CITY OF WEST CHICAGO By: BUYER: Henri O Tirado Diaz Gotloop veriied | eur comeco ome 05/11/21 9:58 PM COT | FNIC-MTIO-KCPO-ACMU. Nohemi Gonzalez Gotldop verted xz yY 05/11/21 7:57 PM COT =. UDKY-HVQO-XIHG-LZD6,