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Home My WebLink About92-1028 Composting Site Access 1992 RESOLUTION AUTHORIZING EXECUTION OF .A PERMIT FOR COMPOSTING SITE ACCESS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a permit on behalf of the City of Elgin with the State Bank of Countryside, as Trustee under Trust No. 90-689 and 90-690 dated June 15, 1990, for composting site access, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 28, 1992 Adopted: October 28, 1992 • Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PERMIT This Permit made this day of October, 1992, by and between STATE BANK OF COUNTRYSIDE as Trustee under Trust No. 90-689 and 90-690 dated June 15, 1990 (hereinafter called OWN- ER) and the CITY OF ELGIN, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinaf- ter called PERMITTEE) . ARTICLE I OWNER for and in consideration of the payment of the per- mit fees hereinafter set forth, hereby issues to the PERMITTEE a permit and license to use the real estate described on Exhib- its A and B attached hereto and incorporated herein by refer- ence, situated in the County of Kane, State of Illinois, for the sole and exclusive purpose of obtaining access to its leaf and tree branch compost site. This Permit shall be effective from the first day of Octo- ber, 1992, to the 15th day of December, 1992, at which time PERMITTEE shall cease using said premises for hauling leaves and remove any and all of PERMITTEE ' S effects therefrom at PERMITTEE'S sole cost, unless said Permit shall be terminated sooner by virtue of the provisions hereinafter provided. PERMITTEE retains the right to occasional access to inspect the compost site. 2 ARTICLE II PERMITTEE hereby agrees that in consideration for the granting of this Permit, PERMITTEE shall pay to OWNER the sum of Ten Dollars ($10. 00) , payable as of the date hereof. ARTICLE III PERMITTEE agrees and specifically understands that this Permit is confined solely to the nonexclusive privilege to PERMITTEE to use the premises set forth in Article I, and no other; that the authority and permission herein given does not thereby grant unto PERMITTEE any interest or estate in the said lands of OWNER and that OWNER retains dominion, possession and control of said lands, including access thereto at all times . ARTICLE IV OWNER hereby reserves the right to terminate this Permit upon giving 14 days notice, in writing, of such termination to PERMITTEE and thereupon PERMITTEE shall vacate premises, remove its effects therefrom and cease all use of said premises, at PERMITTEE'S sole cost. In the event PERMITTEE allows or uses the premises to be used for any illegal or immoral purposes, or for any purpose other than that hereinabove specifically provided, or violates 3 any of the provisions hereof, this Permit may be terminated by OWNER upon giving 3 days notice, in writing, to PERMITTEE, and thereupon PERMITTEE shall forthwith vacate said premises, re- move PERMITTEE ' S effects therefrom, and cease all use of said premises, at PERMITTEE ' S sole cost. OWNER shall not be liable to PERMITTEE for any loss, cost or damage incurred by the PERMITTEE by reason of the exercise of the right of OWNER to cancel this Permit. ARTICLE V The PERMITTEE shall be solely responsible for and shall defend, indemnify, keep and save harmless OWNER, its officers, agents, directors, shareholders, employees, beneficiaries, successors and assigns against all injuries, debts, losses, damages, claims, patent claims, liens, suits, liabilities, judgements, costs and expenses which may in any way accrue, directly or indirectly, against OWNER, its officers, agents, directors, shareholders, employees, beneficiaries, successors, or assigns, in consequence of the granting of this Permit, or which may in any way result therefrom or from any work done hereunder, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the PERMITTEE, or PERMITTEE'S employees, or of any contractor or subcontractor, or their employees, if any, and the PERMITTEE shall, at PERMITTEE'S sole expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising 4 therefrom or incurred in connection therewith, and, if any judgement shall be rendered against OWNER, its officers, agents, directors, shareholders, employees, beneficiaries, successors or assigns, in any such action, the PERMITTEE shall, at the PERMITTEE ' S sole expense, satisfy and discharge the same. The PERMITTEE represents and warrants that it is self-in- sured and that it owns an umbrella liability insurance policy in the amount of $5,000,000 Excess General Liability Coverage with $100,000 Self-insured Retention. The PERMITTEE hereby agrees to name as an additional insured OWNER, its officers, agents, directors, shareholders, employees, beneficiaries, successors and assigns. PERMITTEE expressly understands and agrees that any insur- ance protection required by this permit, or otherwise provided by PERMITTEE, in no way limits the responsibility to defend, indemnify, hold and save harmless OWNER, as hereinabove provid- ed. ARTICLE VI It is understood and agreed by and between the parties hereto that the PERMITTEE shall not erect any structure of any type or kind upon said premises. The PERMITTEE, prior to entering upon said premises and using the same for the purposes for which this Permit is grant- ed, shall, at PERMITTEE'S sole cost and expense, obtain all permits, consents and licenses which may be required under any 5 and all statutes, laws, ordinances and regulations of the Dis- trict, the United States of America, the State of Illinois, the County, or the city, village, town or municipality in which the subject property is located. The PERMITTEE covenants and agrees not to maintain any nuisance on the demised premises which shall be in any manner injurious to the health and comfort of persons residing or being in the vicinity of said premises, and the PERMITTEE fur- ther covenants and agrees to keep the demised premises in a clean and sanitary condition. The PERMITTEE covenants and agrees that it shall strictly comply with any and all statutes, laws, ordinances and regula- tions of the District, the United States of America, the State of Illinois, the County and the city, village, town or munici- pality in which the subject property is located, which in any manner affect this Permit, any work done hereunder or control or limit in any way the actions of PERMITTEE, its agents, ser- vants and employees, or of any contractor or subcontractor of PERMITTEE, or their employees . PERMITTEE covenants and agrees that on or before the termi- nation date of this Permit, PERMITTEE shall remove or cause to be removed, any and all debris on the premises described in this Permit, and any and all equipment, facilities, or other things placed upon said premises, and will yield up said premis- es to OWNER in as good condition as when the same was entered upon by PERMITTEE. Upon PERMITTEE'S failure to do so, OWNER may do so at the sole expense and cost of PERMITTEE. 6 ARTICLE VII PERMITTEE expressly acknowledges that the permit premises is used as a means of ingress and egress by Central Blacktop Co. , Inc. and Giertz-Melahn Asphalt Company, Inc. PERMITTEE agrees that it will not interfere with or in any way impair the use of said property by Central Blacktop Co. , Inc. and Giertz- Melahn Asphalt Company, Inc. and further agrees to indemnify, defend and hold OWNER, its officers, agents, directors, share- holders, employees, beneficiaries, successors and assigns harm- less from and against any and all claims, liabilities and costs, including attorney's fees, arising in connection with any interference or impairment of said use or from any other causes of action arising from PERMITTEE ' S use of the premises . ARTICLE VIII Any notice herein provided to be given shall be deemed properly served if delivered in writing personally or mailed by registered or certified mail, postage prepaid, return receipt requested, to OWNER, c/o Henry Loukota at Central Blacktop Co. , Inc. , 6301 S. East Ave. , P. O. Box 2080, LaGrange, Illinois 60525-8180 or to the PERMITTEE at the City of Elgin Public Works Department, 150 Dexter Court, Elgin, Illinois 60120 or to such other persons or addresses as either party may from time to time designate in writing. 7 PERMITTEE expressly acknowledges that OWNER has made no representations, warranties, express or implied, as to the adequacy, fitness or condition of permit premises or the im- provements upon the permit premises . PERMITTEE accepts the permit premises and the improvements thereon, if any, "AS IS" and "WITH ALL FAULTS" . PERMITTEE acknowledges that it has inspected the permit premises and has satisfied itself as to the adequacy, fitness, and condition thereof. IN WITNESS WHEREOF, on the day and year first above writ- ten, the parties hereto have caused these presents, to be exe- cuted in duplicate by their duly selected officers, duly attest- ed and their corporate seals to be hereunto affixed. STATE BAN- OF COUNTRYSIDE as Trustee under Tru- ' No. 90-689 and 90-690 Ageig:igi ATTEST: Lam.✓. - _, CITY OF ELGIN 400 G�Z TY MANAGER ATTEST: "' CITY .LERK ie V .1.I SIHX3 kaDV CNi► Yl1Y Si 0714011' CxY0sat8111Y111 kuRIOC .55EA10S 11111. O?1Y 1 ks7Y/Y:YY 101 iUJtiXait01571 't3Y;1O O'ElO rfL1 xoNIR1). 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Elm n - i Agenda Item Now CL October 5, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Composting Site Access Permit PURPOSE: The intent of this memorandum is to secure access to the compost site through adjoining property per the attached permit. BACKGROUND: The compost site is located on City property which is north of and adjacent to Central Blacktop Co. , Inc. Access to that location from McLean Blvd. through City property is complicated by the on-going mining operation. Access to the site is simplified from Route 31, around the Central Blacktop facility. Therefore, this year we again re- quested permission to use the existing road which serves Cen- tral Blacktop and trucks from the gravel mining operation (see attached sketch) . The attached permit was forwarded to the city by the prop- erty owner, a beneficiary of Trust 90-689 and 90-690. This permit language is identical to the document we approved last year. The document allows the City to haul truck loads of leaves to the compost site between October 1st and December 15th. Thereafter, occasional access to visit the site is re- tained. Hopefully, routing through our own property can be developed for next year. FINANCIAL IMPACT: Not applicable. RECOMMENDATION: It is recommended that the City Manager be authorized to accept and execute the permit for access to haul leaves to the compost site. r Ceti j,.,,,,Z r-12� Larry L ice, City Manager LLR:GWM:mg Attachments MDM0116/TEXT071/MEMOTOCN.0 • TELEPHONE 708/695-6500 3�n FAX 708/931-5610 FAX HEARING IMPAIRED TDD 708/931-5616 j =S� CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 a 9 i November 2, 1992 Mr. Henry L. Loukota P.O. Box 2080 LaGrange, IL 60525-8180 Dear Mr. Loukota: Enclosed are two original permits for use by the City of Elgin of your access road from Route 31 to haul and dump leaves at our compost facility. The permit has been signed by Mr. Larry Rice, City Manager, per City Council authorization on October 28, 1992 . Please have both permits signed by the appropriate par- ties and return one fully executed original to my attention. We will then forward that original to the City Clerk for fil- ing. Your cooperation once again is greatly appreciated. Should any problems arise, please call the undersigned ( 931-5975) or Mr. Jerry Rotundo, Streets Superintendent (931-5980) so we can take immediate corrective action. Best Regards, CITY IF ELGIN j4 ,,, , G / ary W Miller Assistant Public Works Director GWM:pn attachments cc: Jim Kristiansen, Public Works Director, w/o copy Loni Mecum, City Clerk, w/o copy--- MDM0206/TEXT071/MISCMEMO.S (i) anted on recycled oaoer