HomeMy WebLinkAboutR-24-77VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-77
A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH
THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION
AUTHORITY FOR A PATHWAY ADJACENT TO THE LAKE COOK ROAD
METRA STATION
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, Continental 744 Fund LLC, a Delaware limited liability company
("Continental's is the record owner of that certain parcel of real property formerly known
as 10 S, 158 S, and 184 S Waukegan Road, Deerfield, Cook County, Illinois ("Property'); and
WHEREAS, on September 3 , 2024, the Village Board adopted Ordinance 0-24-24
("PUD Ordinance') to permit Continental to redevelop the Property with eight three-story
residential buildings containing 254 rental dwelling units ("Development'); and
WHEREAS, the PUD Ordinance requires Continental to construct and maintain a
pathway on and along the east side of the Commuter Rail Division of the Regional
Transportation Authority (`Metra') property adjacent to the Property to connect the
Development to the existing Lake Cook Road Metra Station ("Pathway'); and
WHEREAS, to allow the Pathway to be constructed, Metra requires that the Village
enter into an easement agreement with Metra ("Easement Agreement'); and
WHEREAS, the Village Board has determined that entering into the Easement
Agreement to with Metra will serve and be in the best interests of the Village and its
residents; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves
the Easement Agreement in substantially the same form as attached to this Resolution as
Exhibit A and in a final form approved by the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the Easement Agreement. If the executed copy of the final Easement Agreement is
not received by the Village Clerk within 60 days after the effective date of this Resolution,
then this authority to execute and attest will, at the option of the Mayor and Board of
Trustees, be null and void.
4868-7780-2233, v. 1
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval by a majority of the members of the Board of
Trustees.
AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: November 18, 2024
APPROVED: November 18, 2024
RESOLUTION NO: R-24-77
Daniel C. Shapiro, Mayor
ATTEST:
J��k" -�� *'
Ke t S. Street, illage Clerk
4868-7780-2233, v. 1
EXHIBIT A
EASEMENT AGREEMENT
4868-7780-2233, v. 1
DELEGATION OF AUTHORITY- 2024
A. I hereby delegate to the Sr. Division Director of Procurement Operations (or the equivalent
position), and his/her designees, my authority to sign and execute:
1. Change orders and contracts that were approved by the Board of Directors.
2. any purchase order or purchase agreement that is less than or equal to the Simple Threshold.
3. Any amendment for a purchase order or contract that is a non -financial change. This
delegation will apply to changes for: "Time Extensions," "ship to" locations," "unit of
measure" changes, material or service description changes, "Changes of Name,", purchase
order cancellations, and any other non -financial change.
4. Any change order where the original contract value and cumulative increase through a
change order does not exceed the Simple Threshold.
B. I hereby delegate to the Deputy Executive Director External Affairs (DEDEA), or his/her
designee, my authority to sign and execute the following documents related to capital projects,
provided that any required funds are included in the Board approved operating or capital budget:
1. Applications or filings arising in the ordinary course of business, contracts, easements,
licenses (permits), leases, or concessions, if the total cost or consideration to CRD does not
exceed the Simple Threshold, over the term, if any, of the document including all
extensions.
2. Contracts, easements, licenses (permits), leases, and concessions with government agencies
or public utilities if the total cost or consideration to CRD does not exceed two times the
Simple Threshold over the term of the document, including all extensions. Utility contracts
incident to capital project have no limitation, provided the Board has approved the
expenditure of the relevant funds through the annual operating or capital budgets.
3. Documents arising in the ordinary course of business pertaining to the real estate assets of
CRD, including, but not limited to, written consents, assignments, subletting, tenant
mortgages, estoppel certificates, and lease or license terminations or releases.
C. I hereby delegate to the DEDEA my authority to sign and execute:
1. Any new or updated internal Metra policy.
2. Any consent under the Nepotism Policy, except to the extent such action creates and
apparent or actual conflict of interest involving the DEDEA or for matters involving a Board
member.
D. I hereby delegate to each of the Deputy Executive Directors (DED) my authority to sign and
execute:
1. Purchase of training material, classes, and training sessions/seminars pursuant to applicable
polices, provided that such material, class or seminar does not exceed $5,000 or involve
overnight travel greater than 5 nights. However, no DED shall approve his/her own training,
material session or seminar.
2. As landlord, real estate leases, licenses, amendments, and easements pursuant to applicable
polices, provided that such agreements do not exceed $100,000 annually, and are otherwise
approved for signature by the Law Department.
3. Intergovernmental agreements that do not exceed $250,000 and are otherwise approved for
signature by the Law Department and the Community Affairs Department.
4. Sale Agreements and related bill of sales when Metra sells used or excess rail cars, parts or
equipment pursuant to Metra's Bidding Regulations, except donations. All transactions in this
category must be approved for signature by the Law Department.
5. Travel and Expense reimbursements under FI-01.01 for only "Local Travel" requests and
reimbursements.
a) Other than the two exceptions listed below, "Local Travel" reimbursements (such as
mileage, cab/Uber, transit fares, tolls & parking) may be approved at the lowest Director
level supervising the employee. The following two reimbursements must be approved at the
Chief or DED level:
Local business meals, and
Incidental, other or miscellaneous local expenses over $100 (whether
individual or cumulative).
6. Travel and Expense reimbursements for all direct reports of the CEO, including "Out -of -region"
travel requests and reimbursements, except for those of the DEDs, are delegated to the DEDs. Travel
and Expense reimbursements for the DEDs are delegated to the DEDEA or a DED not traveling,
provided that the General Counsel concurs. FI-02-01 shall be read consistent with this new
delegation.
7. Requests for payment of membership and association dues or applications for memberships and
associations if in Metra's best interest.
8. If I granted a Deputy Executive Director the authority to sign off on any financial matter herein, any
Deputy has the authority to sign off on related requests for payment, with or without an agreement,
provided there is no objection from Procurement Operations. Such delegation can be further
delegated per Section H below.
E. From time to time during my absence, I may further provide a temporary general delegation of
authority, and such delegation shall include all of my authority by law and ordinance to manage
Metra, unless specifically withheld.
F. In the event of a sudden infirmity and incapacity such that I cannot perform my duties, and prior to
the Board of Directors appointing an acting temporary or full replacement, the following shall
automatically serve as Acting CEO, in the following order:
1. Deputy Executive Director — Operations
2. Deputy Executive Director — Administration
3. Deputy Executive Director — External Affairs
4. Chief Financial Officer
Whomever serves as the Acting CEO shall inform the Board of Directors of the event causing my
incapacity and his/her role as Acting CEO within 24 hours of assuming these responsibilities.
G. Release of responses to Freedom of Information Act requests may be performed by any of the
following: General Counsel, a DED, or the Assistant Deputy Executive Director of Administration.
H. My delegations to Deputy Executive Directors can be further delegated to their Assistant Deputy Executive
Directors in their temporary absence.
I. The following separate subject matter delegations still exist:
1. Any and all delegations and set limitations pursuant to ordinance(s) given to the General Counsel
and Law Department staff for purposes of settling claims and lawsuits and entering into professional
contracts.
2. Any delegation given by ordinance or otherwise for the submission of federal and state grant
applications.
To the extent practicable, electronic signatures, including email responses, are acceptable forms of signing
Metra documents.
K. Signatures on my behalf shall be in the following formats:
1. Jim Derwinski [written out] by [initials or full name of delegee] [dated to be within the delegation]
2. Full name of Delegee [written out] for/or on behalf of Jim Derwinski or [JMD initials] [dated to be
within the delegation].
L. Any Delegation of Authorities executed and in effect prior to the instant one are hereby rescinded.
Signature Authority is hereby granted commencing on this day /ems of 2024
Jieerwinski CEO/Executive Director tness
cc: DED - Operations
DED - Administration
DED — External Affairs
Chief Financial Officer
Asst DED - Operations
Chief Audit Officer
Asst DED - Administration
General Counsel
Asst DED — External Affairs
Nicole Loomis (Original)
EASEMENT AGREEMENT
Prepared by:
Keith Pardonnet
Attorney-Metra
Return after recording to:
Metra
547 W. Jackson Blvd.
Chicago, Illinois 60661
Attn: Director, Real Estate and
Contract Management
PIN: 04-04-500-004-0000
(Above Space for Recorder's Use Only)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Easement"), Metra Agreement No.
RE23185, is made by and between THE COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY, a division of an Illinois municipal
corporation with offices at 547 West Jackson Boulevard, Chicago, Illinois, 60661
("Metra" or "Grantor") and the VILLAGE OF DEERFIELD, an Illinois municipal
corporation with offices at 465 Elm Street Deerfield, Illinois 60015 ("Municipality" or
"Grantee").
RECITALS
A. Metra is the owner of real property identified as a portion of PIN 04-04-500-004-
0000, a part of Metra's Milwaukee District North Line right-of-way, delineated on Exhibit
A attached to and made part of this Easement (the "Property" or the "Easement Area").
B. A developer has approached Municipality with plans to build on the east side of
Metra's tracks, south of Metra's Lake Cook Road Commuter Facility (the
"Development").
C. To augment the Development, Municipality would like to allow the developer to
construct and install a pedestrian path (the "Pathway") on the Easement Area extending
between Metra's platform and the Development for the convenience of Metra commuters
and people frequenting the Delevopment.
NOW THEREFORE, In consideration for the sum of TEN DOLLARS ($10), the
mutual promises and covenants contained in this Easement, and such other good and
valuable consideration, the receipt of which is hereby acknowledged, in hand paid, the
Parties agree as follows:
1. INCORPORATION OF RECITALS. The foregoing Recitals are material to
this Easement and are herein incorporated to and made a part of this Easement by reference as if
fully set forth in the text below.
2. GRANT OF EASEMENT. Grantor hereby grants to Grantee, and Grantee's
employees, commuters, lessees, permitees, licensees, successors and assigns, a non-exclusive
easement and the right and authority to construct, install, use, operate, maintain, repair, replace,
and renew the Pathway on the Property. The Pathway shall include all necessary fencing,
drainage, and landscaping, and other appurtenances on, over, under, across, and along the
Property ("combined, the "Improvements"). The Improvements shall be constructed pursuant to
plans approved by Grantor. The Improvements shall be used for the convenience of those
walking between the Lake Cook Road commuter platforms and the Development.
3. STANDARD OF USE. At no cost or expense to Grantor, Grantee shall manage,
operate and maintain the Easement Area and the Improvements as facilities open to the public
pursuant to protocols established for Municipality's sidewalks, facilities, and spaces.
Municipality agrees to maintain and repair the Improvements in a clean condition and in good
repair, free from damage and dangers to pedestrians including, but not limited to, any tripping
hazard, broken glass, graffiti, litter, dangerous ice, snow, or other dangerous obstructions and
conditions.
4. ABANDONMENT. If Grantee fails to clean, repair, and/or maintain the
Improvements or fails to make significant progress following written notice from Grantor and
sixty (60) days "Cure Period," Grantor retains the right to extinguish this Easement and may
consider the Impovements abandoned and may require Grantee, within sixty (60) days, to
remove the Improvements and restore the Easement Area to its condition prior to the parties
entering this Easement Agreement. If Grantee fails to restore the Easement Area, Grantor may do
so at Grantee's sole cost and expense.
5. LIENS. Grantee shall not cause or permit any lien or claim for lien to be placed
upon the Property. In the event any such lien or claim for lien is filed or made, Grantee shall
either promptly pay the same and have the lien released from the Property, or provide Grantee
with a bond or other security reasonably satisfactory to Grantor to indemnify Grantor against any
such lien, including, without limitation, a Title Indemnity from Chicago Title Insurnace
Company or another title insurance company reasonably acceptable to Metra.
6. RETAINED RIGHTS. The Grantor retains all other rights over, upon, and
across the Property and to the use, enjoyment and benefit of the surface of the Property, except
that Grantor shall not diminish or unreasonably interfere with Grantee's rights hereunder.
However, this Easement may be terminated by Metra effective upon sixty (60) days written
notice to Grantee if the Premises, or any portion thereof, are needed for any Metra or railroad
purposes as determined by Metra in its sole discretion or Grantee ceases to operate or maintain
the Improvements or violates any of the terms, conditions, or provisions set forth in this
Easement.
4872-5765-1131, v. 1
7. INDEMNIFICATION & WAIVER.
(a) To the fullest extent permitted by law, Grantee, its successors and/or
assigns hereby assumes and agrees to release, remise, acquit and waive any rights which Grantee
may have against and foreover discharge Metra, the Regional Transportation Authority ("RTA")
and the Northeast Illinois Regional Commuter Railroad Corporation ("NIRCRC"), their
respective directors, trustees, administrators, officers, employees, agents, successors, assigns and
all other persons, firms and corporations acting on behalf or with their authority (collectively the
"Metra Indemnified Parties"; or each a "Metra Indemnified Party") from and against any
and all claims, demands or liabilities imposed upon them by law or otherwise of every kind,
nature and character on account of personal injuries, including death at any time resulting
therefore, and on account of damage to or destruction of property arising out of or in any way
relating to or occurring in connection with the use of this Easement for the purposes of this
Easement, which may occcur to or be incurred by Grantee, its employees, officers, agents,
invitees and all other persons acting on Grantee's behalf while on or in the Property during the
term of this Easement. Notwithstanding anything in this Easement to the contrary, the releases
and waivers contained in this Easement shall survive the termination of this Easement.
(b) To the fullest extent permitted by law, the Grantee agrees to indemnify,
defend and hold harmless the Metra Indemnified Parties, their respective directors,
administrators, officers, agents, employees, successors, assigns and all other persons, firms and
corporations acting on their behalf or with their authority, from and against any and all injuries,
liabilities, losses, damages, costs, payments and expenses of every kind and nature (including,
without limitation, court costs and attorneys' fees) for claims, demands, actions, suits,
proceedings, judgments, settlements arising out of or in any way relating to or occurring in
connection with: (i) the activities permitted under the terms and provisions of this Easement; (ii)
the condition of the Property; (iii) the failure to investigate claims; or (iv) which may occur to or
be incurred, by the Grantee, its employees, officers, agents, and all other persons acting on its
behalf while on the Property. Grantor agrees to notify the Grantee in writing within a reasonable
time of any claim of which it becomes aware which may fall within this indemnity provision.
The Municipality further agrees to defend Metra, the RTA, the NIRCRC, their respective
directors, administrators, officers, agents and employees against any claims, suits, actions or
proceedings filed against any of them with respect to the subject matter of this indemnity
provision provided, however, that Metra, the RTA and the NIRCRC, may elect to participate in
the defense thereof at their own expense or may, at their own expense, employ attorneys of their
own selection to appear and defend the same on behalf of Metra, the RTA, the NIRCRC, and
their respective directors, administrators, officers, agents or employees. The Grantee shall not
enter into any compromise or settlement of any such claims, suits, actions or proceedings without
the consent of Metra, the RTA and the NIRCRC, which consent shall not be unreasonably
withheld.
(c) Notwithstanding anything to the contrary contained in this Agreement, the
indemnities contained in this paragraph shall survive termination of this Agreement.
8. CONTRACTOR INDEMNIFICATION. In all contracts hereafter executed by
the Grantee for the construction, rehabilitation, improvement, repair or maintenance of the
4872-5765-1131, v. 1
Improvements the Grantee will require appropriate clauses to be inserted requiring its contractors
to indemnify, hold harmless and defend the Metra Indemnified Parties from and against any and
all risks, liabilities, claims, demands losses, and judgments, including court costs and reasonable
attorneys' fees, arising from, growing out of, or related in any way to work performed by such
contractor(s), or their officers, employees, agents or subcontractors, and their agents or
employees on the Property.
9. INSURANCE. Prior to entering upon the Property and prior to commencement
of any work to be performed thereon, Grantee agrees to furnish (or cause to be furnished)
insurance in the form and in such amounts as required by Metra's Risk Management
Department. To the fullest extent permitted by law, Grantee shall cause each of Metra, the
NIRCRC, and RTA to be designated as additional insureds on all insurance policies. At a
minimum, Grantee shall obtain and keep in force (or cause to be obtained and kept in force) the
following insurance at all times work is performed upon the Property by Grantee:
(a) Commercial General Liability Insurance. Grantor or its lessees,
contractor(s), or permittees shall furnish evidence that, with respect to the operations it performs
and the operations performed by sub -contractors, it carries Commercial General Liability
Insurance containing broad form contractual liability providing for a limit of not less than Seven
Million Five Hundred Thousand ($7,500,000) single limit, bodily inury and/or property damage
combined, for damages arising out of bodily injuries to or death of any person or destruction of
property, including the loss of use thereof, in any one occurrence under the terms of which
Grantor is named as an additional insured; with an aggregate of no less than Ten Million Dollars
($10,000,000) for all damages occurring as a result of more than one occurrence. Coverage must
include coverage for fire legal liability and products and completed operations.
(b) Workers' Compensation Insurance. Grantor or its contractor(s) or
permittees shall furnish evidence that, with respect to the operations it performs, it carries a
workers' compensation insurance policy complying with the statutes of the State of Illinois
covering all employees of Grantor or its contractor(s), as applicable. The policy shall contain
employers liability coverage with limits of not less than Five Hundred Thousand Dollars
($500,000) each accident; One Hundred Thousand Dollars ($100,000) each employee disease;
and Five Hundred Thousand Dollars ($500,000) policy limit — disease.
(c) Railroad Protective Liability Insurance. Grantor or its contractor(s) shall
furnish evidence that, with respect to construction activities it performs and construction
activities performed by contractor(s) in any area within twenty-five (25) feet of any Metra rail
tracks or other appropriate circumstances, it carries a Railroad Protective Liability Insurance
(AAR-AASHTO form) policy, providing for a limit of no less than Five Million Dollars
($5,000,000) single limit, bodily injury and/or property damage combined, for damages arising
out of bodily injuries to or death of any person in any one occurrence and for damage to or
destruction of property, including the loss of use thereof, in any one occurrence. Grantor will
furnish such insurance with an aggregate of no less than Ten Million Dollars ($10,000,000) for
all damages occuring as a result of more than one occurrence. Metra agrees to assist Grantor in
obtaining such coverage, provided it shall be at no cost to Metra.
4872-5765-1131, v. 1
(d) Further Requirements. Metra, RTA, or NIRCRC or their successors or
assigns shall be named as additional insured parties on all parties. Grantor's failure to obtain or
to cause its contractor's to obtain proper insurance coverage or to insure Metra, RTA and
NIRCRC or their successors or assigns as additional insureds shall not, at any time, operate as a
waiver of the Metra Indemnified Parties' right to indemnification and defense against any claims,
damages or injuries covered under the terms and provisions of this Easement. The Parties may
agree to a commercially reasonable increase in the amount of insurance required by Grantee or
its contractor(s) and/or sub-contractor(s) under the terms and provisions of this Easement. All
policies must be in full force at the time of submission and shall not be canceled, modified,
limited or allowed to expire in any way that would materially decrease the protection afforded
provided, however, that notwithstanding the foregoing, Grantor shall comply with the insurance
requirements of this Agreement. Prior to entering upon any Metra Property and prior to
commencement of any work to be performed on the Property, Grantor shall provide a certificate
of insurance evidencing the coverages required by this paragraph 7.
10. RUN WITH THE PROPERTY AND ASSIGNMENT. Except as may
otherwise be provided in this Agreement, this Easement all of the terms, conditions, rights and
obligations herein contained shall run with the Property for the benefit of and shall inure to and
be binding upon the Parties, their respective legal representatives, lessees, permittees, successors
and/or assigns whether hereinabove so stated or not.
11. NOTICES. All notices, demands and elections required or permitted to be given
or made by either Party upon the other under the terms of this Easement or any statute shall be in
writing. Such communications shall be deemed to have been sufficiently served if sent by
certified or registered mail, return receipt requested, with proper postage prepaid, hand delivered
to the respective addresses shown below, or to such other party or address as either Party may
from time to time furnish to the other in writing. Such notices, demands, elections and other
instruments shall be considered delivered to recipient on the second business day after deposit in
the U.S. Mail, or on the day of delivery if hand delivered. Notice to parties shall be delivered as
follows:
If to Metra:
Commuter Rail Division
547 W. Jackson Blvd.
Chicago, Illinois 60661
Attn: Director, Real Estate and Contract Management
Phone: (312) 322-8006
If to the Municipality:
Village of Deerfield
465 Elm Street
Deerfield, Illinois 60015
Phone: (847) 719-7462
4872-5765-1131, v. 1
12. MISCELLANEOUS.
(a) This Easement shall be governed by the laws of the State of Illinois.
(b) If any provision of this Easement, or any paragraph, sentence, clause,
phrase, or word or the applicatoin thereof is held invalid, the remainder of this Easement shall be
construed as if such invalid part were never included and this Easement shall remain valid and
enforceable to the fullest extent permitted by law provided that the Easement, in its entirety as so
reconstituted, does not represent a material change to the rights or obligations of either of the
Parties.
(c) No waiver of any obligation or default of Metra shall be .implied from
omission by Metra to take any action on account of such obligation or default and no express
waiver shall affect any obligation or default other than the obligation or default specified in the
express waiver and then only for the time and to the extent therein stated.
GRANTEE ACKNOWLEDGES THAT INSTRUMENTS OF RECORD, COURT DECISIONS,
OR THE LAWS OF THE STATE IN WHICH THE EASEMENT PREMISES ARE LOCATED
MAY LIMIT THE QUALITY OF METRA' S TITLE. GRANTEE FURTHER
ACKNOWLEDGES THAT GRANTEE PURCHASES THE EASEMENT SUBJECT TO
THESE POSSIBLE LIMITATIONS ON THE TITLE AND ASSUMES ALL
RESPONSIBILITY FOR INVESTIGATING THE TITLE TO THE EASEMENT PREMISES
AND THE APPLICABLE LAWS OF THE STATE.
[SIGNATURE PAGE FOLLOWS]
4872-5765-1131, v. 1
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the later of the signatures below.
GRANTOR
COMMUTER RAIL DIVISION OF
THE REGIONAL TRANSPORTAT40N
AUTHORITY:
BytJelsk
Deriskr,44
xecutive Directo
GRANTEE
VILLAGE OF DEERFIEILD.
By:
Its:
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Its:
4872-5765-1131, v. 1
NOTARY BLOCK FOR VILLAGE OF DEERFIELD
STATE OF ILLINOIS
SS.
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby
certify that Dahiel C• S6oiro and ICenj S. S+rej , personally known to
me to be the a na d i e Cterk of the Village of Deerfield, an Illinois municipal
corporation, and personally known td me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and acknowledge that each
signed and delivered the said instrument as the free and voluntary act of the corporation for the
uses and purposes set forth.
Given under my hand and official seal, this day of Noy—,20_n_-
1\/
Lffi) fktl. 9AW
Notary Public
[Seal] OFFICIAL SEAL
DANIEL VAN DUSEN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES: 1110212025
4872-5765-1131, v. 1
NOTARY BLOCK FOR COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY
STATE OF ILLINOIS
ss.
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby
certify that John Milano personally known to me to be the Deputy Executive Director -
Administration of the Commuter Rail Division of the Regional Transportation Authority, a
division of an Illinois municipal corporation, personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledge that he signed and delivered the said instrument as the free and voluntary act of the
corporation for the uses and purposes set forth.
Given under my hand and official seal, this `i- day of fftyCk , 20 '.
Am't"5'
Notary Public
[Seal]
E,,.,
fficial seal
LE JOY LOOMIS
blic, State of Illinoisssion No. 995542
Expires August 20, 2028
Exhibit A
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4872-5765-1131, v. 1
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