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[Extraction: OCR (rendered-page OCR)]
CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
i AGENDA ITEM NUMBER: 6.6.
Maintenance Agreement
Sanitary Sewer Main and Associated Appurtenances FILE NUMBER:
and Equipment within City Rights-of-Way
COMMITTEE AGENDA DATE: N/A
Resolution #21-R-0095 COUNCIL AGENDA DATE: Nov. 1, 2021
a
A>]!
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE _“4C J
APPROVED BY CITY ADMINISTRATOR: Michael SIGNATURE
Guttman
ITEM SUMMARY:
Chicago Title Land Company Trust Number 8002380575, owner of 1100 E. North Ave (Owner), has
submitted through their attorney to the City of West Chicago (City) a draft Maintenance Agreement
between the City and the Owner. The Maintenance Agreement is related to the proposed sanitary sewer
main and associated appurtenances and equipment to be installed within the City’s public rights-of-way
of Prince Crossing Road and Meadowview Crossing. The City approved a separate License Agreement
with the Owner for the use of the aforementioned City rights-of-way for the purpose of installation, con-
struction, location, and operation of the sanitary sewer main and associated appurtenances and equip-
ment. The proposed sanitary service will serve the Cascade Drive-In Theater at 1100 E North Ave,
which the owner intends to reopen.
The Maintenance Agreement requires the Owner to maintain the sanitary sewer main and associated
appurtenances and equipment within the City’s public rights-of-way at all times and at the sole cost and
expense of the Owner. Furthermore, the City will not be responsible for future maintenance, operations,
or repairs of the sanitary sewer main and associated appurtenances and equipment within the City’s
public rights-of-way. The Maintenance Agreement will have a term of 20 years, with an automatic 20-
year renewal at the expiration, unless the owner has violated the terms of the Agreement. The Agree-
ment will also expire if the Owner terminates the License Agreement.
ACTION PROPOSED:
Discussion and authorization to execute the proposed Maintenance Agreement.
COMMITTEE RECOMMENDATION:
This item did not go to a committee.
Cc: Resolution
Draft Maintenance Agreement

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RESOLUTION NO. 21-R-0095
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A CERTAIN MAINTENANCE AGREEMENT WITH
CHICAGO TITLE LAND COMPANY TRUST 8002380575
FOR A SANITARY SEWER MAIN AND ASSOCIATED APPURTENANCES AND
EQUIPMENT WITH CITY RIGHTS-OF-WAY
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 Maintenance Agreement for
a sanitary sewer main and associated appurtenances and equipment within City public rights-of-
way between the City of West Chicago and Chicago Title Land Company, as Trustee under the
provisions of a certain Trust Agreement dated April 9, 2019 and known as Trust Number
8002380575 by East North Avenue, LLC, the holder of the beneficial interest of the trust, by
William Hartwig, its manager, in substantially the form attached hereto and incorporated herein
as Exhibit “A”.
APPROVED this 15 day of November, 2021
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor, Ruben Pineda
ATTEST:
City Clerk, Nancy M. Smith

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[Extraction: OCR (rendered-page OCR)]
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Water Main Abandonment — CLSM (Flowable Fill)
CONTROLLED LOW-STRENGTH MATERIAL, SPECIAL
Description. This work consists of placing, by pump method, controlled low-strength material
(CLSM), or flowable fill, into abandoned underground pipes where shown on the Drawings or as
directed by the Engineer, in accordance with Section 593 of the Standard Specifications with the
following exceptions:
Materials. All materials used for CLSM shall conform to the requirements of Section 1019 of the
Standard Specifications. A minimum of two days prior to starting CLSM work, CLSM mix
designs shall be submitted for review and approval. No changes shall be made in the amounts or
sources of the approved mix ingredients without the approval of the Engineer.
Installation.
1. The pipeline to be filled shall be excavated to the proper limits for placement of
controlled low strength backfill into the pipe.
2. Contain CLSM in trench or pipe sections using permanent bulkheads or fill materials to
confine the flow of material. Take appropriate precautions to prevent pipe displacement
and/or flotation.
3. CLSM shall be installed by pump method at a point typically at the highest elevation of
the pipe to be filled, or by other means acceptable to the Engineer.
4. CLSM shall be consolidated to ensure that all voids, crevices and pockets are filled with
CLSM. Care shall be taken to avoid over consolidation of the material separating the
large and fine aggregate.
5. Pipe shall be filled to ensure that all internal surfaces of the pipe are contacted. The
Contractor is responsible for verifying that flowable fill reaches the furthest extents of the
pipe segments being filled.
6. CLSM shall be placed with a time interval of not more than 1 hour between lifts.
Method of Measurement and Basis of Payment. This work will be measured by volume
computed in place and paid for at the contract unit price per cubic yard for CONTROLLED LOW-
STRENGTH MATERIAL, SPECIAL, in accordance with Article 593.06 of the Standard
Specifications, which includes all labor, equipment and materials necessary to perform the work
as herein specified.
If excess CLSM is not used to fill the excavation pit around the water main’s ends after water
main abandonment, the water main shall be capped and paid for at the contract unit per Each for
the following line item,
CUT AND CAP EXISTING 6" OR 8" WATER MAIN, EACH
Where water main is to be removed, instead of abandoned, the following line item is used:
WATER MAIN REMOVAL [UP TO 8" DIAMETER], FOOT

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CITY OF WEST CHICAGO/CHICAGO TITLE LAND COMPANY, AS TRUSTEE
UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED APRIL 9,
2019 AND KNOWN AS TRUST NUMBER 8002380575 MAINTENANCE AGREEMENT
This Maintenance Agreement (the “Maintenance Agreement”) is entered into this _ day of
, 2021, by and between the City of West Chicago, an Illinois municipal corporation, 475
Main Street, West Chicago, Illinois 60185 (“City”) and Chicago Title Land Company, as Trustee
under the provisions of a certain Trust Agreement dated April 9, 2019 and known as Trust Number
8002380575 by East North Avenue, LLC, the holder of the beneficial interest of the trust, by
William Hartwig, its manager, 10 S. LaSalle St., Suite 2750, Chicago, IL 60603 (“Trust’’)
(individually a “Party”, collectively, the “Parties”’).
RECITALS:
A. City owns property commonly known as “Road Right-of-Way generally located at Prince
Crossing Road and Meadowview Crossing”, 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. Trust has a License Agreement with the City to use the Subject Property for the installation,
construction, location, operation, and maintenance of a sanitary sewer system, including
sewer main and appurtenances for sanitary sewer service to the Cascade Drive-In Theater
property located at 1100 E. North Avenue (‘Cascade Property”). The sanitary sewer
system will include a lift station located on the Cascade Property and the sewer main and
appurtenances located in the Subject Property (“Sanitary Sewer System’) so that Trust can
provide sanitary sewer service to the Cascade Property subject to the terms and conditions
of this Maintenance 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. Recitals. The foregoing Recitals are incorporated as if fully set forth herein.

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2. License Agreement. City has granted Trust a License for use of the Subject Property for
the purpose of installation, construction, location, operation, and maintenance of a sanitary sewer
main and associated appurtenances and equipment (hereinafter, the “Facilities”) through the
Subject Property pursuant to a License Agreement between the City and the Trust dated _
, 2021 pursuant to the Facilities Plan attached hereto as Exhibit “B”. The License also
granted the Trust non-exclusive access to and from the Subject Property for the purpose of
installing, constructing, locating, operating and maintaining the Facilities.
3. Sewage Flow Meter. The Trust agrees that the sewage flow meter shall be accessible to
City personnel at all times. Trust further agrees that the sewage flow meter shall be calibrated
pursuant to the manufacturer’s specifications at the intervals indicated in the manufacturer’s
specifications.
4. Maintenance. Trust agrees to maintain the Sanitary Sewer System and the Facilities at all
times and at the sole cost and expense of the Trust. Trust agrees to provide the City Administrator
of the City of West Chicago (“City Administrator”) seventy-two (72) hours-notice prior to
commencing any work on the Subject Property under this Maintenance Agreement. In the event
that emergency repairs are necessary for the Facilities, Trust shall immediately notify the City, in
writing, of the need for such repairs, and immediately initiate such emergency repairs. Trust must
comply with all Ordinance provisions in providing the required maintenance.
5. City Responsibility. The City will not be responsible for future maintenance, operations,
or repairs of the Sanitary Sewer System or the Facilities. The City will not be responsible for
future marking or locating the Facilities in the Subject Property, however, the City shall notify
future licensees or utility providers that the Facilities are located in/on the Subject Property
pursuant to the License Agreement. The City will not be responsible for any utility conflicts with
the Facilities in/on the Subject Property.
6. Term. The term of this Maintenance Agreement shall coincide with the term of the License
Agreement, which commenced on , 2021 and terminates on ___, 2041. The
term of this Maintenance Agreement shall automatically be renewed concurrently with the License
Agreement term for an additional twenty (20) year term at the expiration of each term unless Trust
is in default under this Agreement or Trust has abandoned or vacated the Subject Property.
7. Renewal of Maintenance and Abandonment of Facilities. Trust shall own the Facilities
and the Sanitary Sewer System located on the Cascade Property. Any and all of the aforesaid
Sanitary Sewer System and Facilities shall be maintained by the Trust at Trust’s sole expense. If
the Trust terminates the License Agreement, this Maintenance Agreement shall also terminate
automatically without any further action by any Party. If the Trust abandons the Sanitary Sewer
System and the Facilities, Trust agrees to place, by pump method, controlled low-strength material
(CLSM), or flowable fill, into abandoned underground pipes in accordance with City requirements
pursuant to the attached Exhibit “C.”
8. Liability of the City. It is further understood and agreed that the City shall not be liable for
any damages or injury to any person or property arising from, growing out of, or incident to the

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maintenance of the Facilities, except if such damages or injury are the result of City’s own
intentional misconduct or negligence.
9. Indemnification. To the fullest extent permitted by law, both Parties shall indemnify and
hold harmless the other Party and its officers, officials, employees, volunteers, trustees,
beneficiaries, members, managers, 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, officials, employees, volunteers, trustees, beneficiaries,
members, managers, and agents, contractors, subcontractors, vendors, or of anyone acting on
behalf of the other Party under this Maintenance Agreement; 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. 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 officers, officials, employees, volunteers, trustees, beneficiaries, members,
managers, 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
Maintenance Agreement
10. 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 facsimile transmission. Notice shall be effective as of date and time of
facsimile 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 fax
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
D. 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.
The addresses of the Parties are as follows:
If to Trust: If to City:
Chicago Title Land Company, as Trustee of | Michael Guttman,
Trust Number 8002380575 City Administrator

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10 S. LaSalle St., Suite 2750 City of West Chicago
Chicago, IL 60603 475 Main Street
West Chicago, IL 60185
FAX: (630) 293-3028
With a required copy to: With a required copy to:
Russell G. Whitaker, III Patrick K. Bond, Esq.
Rosanova & Whitaker, Ltd. Bond, Dickson & Associates, P.C.
127 Aurora Avenue 400 South Knoll Street, Unit C
Naperville, IL 60540 Wheaton, IL 60187-4557
russ@rw-attorneys.com
FAX: (630) 352-3610
11. Miscellaneous.
A. The Parties agree that no change or modification to this Maintenance 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 Maintenance
Agreement.
B. The Parties agree that the titles of the items of this Maintenance Agreement, hereinabove
set forth, are for convenience of identification only and shall not be considered for any other
purpose.
C. The Parties agree that if any provision of this Maintenance 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 Maintenance Agreement shall be construed, governed, and enforced according to the
laws of the State of Illinois and any action to enforce this Maintenance Agreement may be brought
in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois.
IN WITNESS WHEREOF, the Parties have executed this Maintenance Agreement on the date
first set forth above.
[Signatures on succeeding pages]

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Chicago Title Land Company, as Trustee
under the provisions of a certain Trust Agreement
dated April 9, 2019 and known as Trust Number 8002380575,
By: East North Avenue, LLC, the holder of the beneficial interest
By:
William Hartwig, Manager

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City of West Chicago
By:
Ruben Pineda, Mayor
Nancy R. Smith, City Clerk

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[Extraction: OCR (rendered-page OCR)]
EXHIBIT “A”
LEGAL DESCRIPTION
THAT PART OF LOT 7 IN PRINCE CROSSING ROAD ASSESSMENT PLAT, BEING A
SUBDIVISION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 40 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN THEREOF RECORDED
OCTOBER 18, 1982 PER DOCUMENT R82-47736, SAID LOT 7 BEING HERETOFORE
DEDICATED AS MEADOWVIEW CROSSING ACCORDING TO RESOLUTION
RECORDED APRIL 22, 2021 AS DOCUMENT NUMBER R2021-063617 AND QUIT CLAIM
DEED RECORD APRIL 22, 2021 AS DOCUMENT NUMBER R2021-063618 AND THAT
PART OF PRINCE CROSSING ROAD; DESCRIBED AS FOLLOWS:\
BEGINNING AT THE SOUTHEAST CORNER OF LOT 7 IN SAID PRINCE CROSSING
ROAD ASSESSMENT PLAT; THENCE NORTH 88 DEGREES 55 MINUTES 49 SECONDS
WEST ALONG THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 756.00 FEET;
THENCE NORTH 01 DEGREES 04 MINUTES 11 SECONDS EAST, 10.00 FEET; THENCE
SOUTH 88 DEGREES 55 MINUTES 49 SECONDS EAST TO THE EAST LINE OF SAID LOT
7, A DISTANCE OF 756.00 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 49
SECONDS EAST, 83.00 FEET TO THE EAST LINE OF PRINCE CROSSING ROAD;
THENCE SOUTH 01 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG SAID EAST
LINE, 10.00 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 49 SECONDS WEST, 83.00
FEET TO SAID POINT OF BEGINNING, ALL IN DUPAGE COUNTY, ILLINOIS.

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EXHIBIT “B"
FACILITIES PLAN

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EXHIBITC
SANITARY SEWER MAIN ABANDONMENT REQUIREMENTS