HomeMy WebLinkAbout93-249 Resolution No. 93-249
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: September 8, 1993
Adopted: September 8, 1993
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PERMIT
This Permit made this Y.4 day of September, 1993, by
and between STATE BANK OF COUNTRYSIDE as Trustee under Trust
No. 90-689 and 90-690 dated June 15, 1990 (hereinafter called
OWNER) and the CITY OF ELGIN, a municipal corporation, organ-
ized and existing under the laws of the State of Illinois
(hereinafter called PERMITTEE) .
ARTICLE I
OWNER for and in consideration of the payment of the
permit fees hereinafter set forth, hereby issues to the
PERMITTEE a permit and license to use the real estate described
on Exhibits A and B attached hereto and incorporated herein by
reference, 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
October, 1993, to the 15th day of December, 1993, 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.
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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
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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,
remove 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
District, 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
further 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,
servants and employees, or of any contractor or subcontractor
of PERMITTEE, or their employees .
PERMITTEE covenants and agrees that on or before the
termination date of this Permit, PERMITTEE shall remove or
cause to be removed, any and all debris on the premises de-
scribed in this Permit, and any and all equipment, facilities,
or other things placed upon said premises, and will yield up
said premises 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.
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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
harmless 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
executed in duplicate by their duly selected officers, duly
attested and their corporate seals to be hereunto affixed.
STATE BANK OF COUNTRYSIDE as Trustee
under ust No. 90-689 and 90-690
.•
ATTEST:
CITY OF ELGIN
N E>:i'',-!Lt T•.0 '1 Ci A!:SE
t a�fi
TY MANAGER
ATTEST:
CITY CLERK
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EXHIBIT B '
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Agenda Item No.
0
Pr
`4jrtD
ft/
August 10, 1993
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
eft is north of and adjacent to Central Blacktop Co. , Inc. Access
to that location from McLean Blvd. through the Sport Complex
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
requested permission to use the existing road which serves
Central Blacktop (see attached sketch) .
The attached permit was forwarded to the city by the
property 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
retained. 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 com•ost site.
Larry L. Rce, ==u, Manager
LLR:GWM:mg
Attachments
MDM0143/TEXT071/MEMOTOCN.0
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