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Home My WebLink About96-55 Resolution No. 96-55 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with the Federal Aviation Administration for the right and privilege of ingress and egress over and across a strip of land approximately five feet wide and eighteen hundred feet long, and running parallel to the West property line and the North property line of Lot 15 in the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 28, 1996 Adopted: February 28, 1996 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 2300 EAST DEVON AVENUE DES PLAINES, ILLINOIS 60018 LICENSE NO. DTFA14-96-L-R2418 LICENSE AGREEMENT 1. For consideration of One Dollar ($1.00), the receipt of which is acknowledged, the undersigned THE CITY OF ELGIN, a municipal corporation, and its successors or assigns, (The "LICENSOR") of 150 Dexter Court, Elgin, Illinois 60120, grants to the United States of America and its assigns (herein, collectively, the "Government"), a non-exclusive license, right and privilege (herein, the"License") of ingress and egress over and across a strip of land approximately five feet wide and eighteen hundred feet long, and running parallel to the West property line and the North property line of Lot, 15, the Government's TRACON site, more fully described on Exhibit A, attached hereto and made a part hereof, located in Fox Bluff Corporate Park, Elgin, Illinois, and hereafter termed "Area", on the terms provided herein. 2. The License will inure to the benefit of, and will be binding on, (a) the Government, (b) the Government's agent, representatives, contractors and employees, and (c) all persons and entities that use the License of Area of behalf of any of the same. 3. Use of the License; a. The Government may use the License and Area solely for the purposes outlined herein to the extent that it may be lawful to do so: (1). for access to and from the Area, (a). the maintenance, cutting, trimming and/or removal of vegetation, landscape material, trees, or man-made objects, which in the opinion of the Government prohibits or otherwise obstructs the effective operation of the Perimenter Intrusion Detection System (PIDS) facility located on the Elgin TRACON's perimeter fence; (b). the grading, conditioning, and seeding of the soil of the Area; (c). the repair, inspection, maintenance or alteration of the PIDS facility. (2). The Government agrees not store any material or equipment on the "Area," and Grantor agrees not to use"Area" for any purpose, which may, in the opinion of the Government, obstruct the operation of the PIDS facility. ORIGINAL LICENSE NO. DTFA14-96-L-82418 4. The Licensor has no obligation to maintain the Area, with respect to paving, grading, snow removal, weed-cutting or otherwise. 5. The License will become effective March 1, 1996, and will remain in effect until September 30, 2020 (whereupon it will automatically terminate), subject to the following. a. The Government may at any time, by thirty (30) days written notice to the Licensor, terminate the License. 6. The Licensor warrants that it has acquired and possesses an adequate real estate right in the property described herein, and that it is authorized to grant to the United States the full right and authority to issue this License. 7. Notices hereunder will be provided as follows: a. All such notices must be in writing, signed by or on behalf of the party giving the same, and mailed or delivered to the addressee as provided herein. b. A notice will be deemed to have been given to an addressee: i. If delivered: When delivered. ii. If mailed: Five days after an envelope containing the same was mailed, postage prepaid by certified or registered mail, (return receipt requested) to the addressee (at the following address) from a post office located in Chicago or Elk Grove Village or Des Plaines, Illinois, or in the city to which the notice is addressed: iii. A notice that is in fact received will be so treated, whether or not mailed as provided above. To Licensor: The City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Attn: Erwin W. Jentsch Corporate Counsel To Goverment: Federal Aviation Adminstration Real Estate and Materiel Services, AGL-74C 2300 East Devon Avenue Des Plaines, Illinois 60018 C. The above addresses may be changed by notice given as provided herein. LICENSE NO. DTFA14-96-L-82418 8. In accordance with the terms and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, that is caused by a negligent or wrongful act or omission of an employee of the Government under the circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The forgoing will not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omssion, or to preclude the Government from using any defense available in law or equity. 9. All changes, deletions, additions, and attachments were made prior to execution of this documents by both parties. 10. This License incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. OFFICIALS NOT TO BENEFIT. GRATUITIES. COVENANT AGAINST CONTINGENT FEES. ANTI-KICKBACK PROCEDURES. DISPUTES. 11. This License is subject to the following provisions, which are attached hereto and made a part hereof. CORPORATE CERTIFICATE AND NOTARY ACKNOWLEDGEMENTS EXHIBIT A, PLAT OF PIDS CLEAR ZONE LICENSE NO. DTFA14-96-L-R2418 Dated at / 0,Vc, 0, 1996. THE LICENSOR: CITY OF ELGIN BY: A�iti—•-- KEVI KELLY TITLE: MAYOR ATTEST: G CITY CLERK it k 4 1 Y-,LS r Ik- ITNESS WI SS THE GOVERNMENT: FEDERAL AVIATION ADMINISTRATION BY: p Ly- - dor�t�� P Rc�ssa TITLE: Real Estate Contracting Officer Prepared By: Federal Aviation Administration Real Estate And Utilities Branch, AGL-74C 2300 E. Devon Avenue Des Plaines, Illinois 60018 LICENSE NO. DTFA14-96-L-R2418 CORPORATE CERTIFICATE I, Dolonna Mecum, certify that I am the City Clerk of the municipal corporation named in the attached agreement; that Kevin Kelly who signed said agreement on behalf of the municipal corporation was then mayor of said corporation; that said agreement was duly signed for and on behalf of said municipal corporation by authority of its governing body, and is within the scope of its corporate powers. Signed ��" Its LICENSE NO. DTFA14-96-L-82418 LICENSOR NOTARY ACKNOWLEDGEMENT STATE OF ILLINOIS ) )SS COUNTY OF KANE ) I U , do hereby certify that KEVIN KELLY , personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared be for me this day in person, and acknowledged that he signed, sealed, and delivered the said instrument as his free and voluntary act, for the uses and purposes set forth. Given under my hand and official seal, this-Lkday of 1996. OFFICIAL SEAL C N tary Public SUELLYN LOSCH My Commission Expires j� - 7 �tT C STATE OF ILLINOIS *******************************#***************************** SS ION EXPIRES:10/2 7/9,-, FEDERAL AVIATION ADMINISTRATION NOTARY ACKNOWLEDGEMENT STATEOF Tt �70O1S ) )SS COUNTY OF COOT ) On this WfR day of n RAIj [+--, 1996, before me, the undersigned Notary Public, personally appeared &A(qL b P. RNS�0 Real Estate Contracting Officer, Great Lakes Region, Federal Aviation Administration, Des Plaines, Illinois, known to me to be the person described in the foregoing instrument, acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof, I have hereunto set my hand and affixed my official seal. OFFICIAL S AL tary Pu 11C M Commission expire ROGER R. 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ATMs Or XLLXVMB COfTNTJr Or MANX )BG TRIS IS TO CZ R'1lrT T"T I LAVS SVRVRIM T® ABOYM DZMMXD= PROPAAT'Y ACID "AT T" ILA? 1 XIBON DRAWN COARWTLY KWURMEXT SAID sVAV71Y AND 7 kr TO XV =CRbEDOS ,2VX2= ARS NO 23MAOXMU M I OV/t rmle "a w"-fPalw. INC. X IlfOlfl Af10x8T8AED P OrEBslol" ljuw BURVEYOR MO. 03 3-0 D1b 18 JUNZ 14, 1991 a U.S. Department Great Lakes Region 2300 E.Devon Avenue of Transportation Illinois,Indiana,Michigan, Des Plaines,IL 60018 Federal Aviation Minnesota,North Dakota,Ohio, South Dakota,Wisconsin Administration March 13, 1996 Mr. Ray Moeller Director of Property City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Moeller: Enclosed for your records is a fully executed original of Federal Aviation Administration (FAA) License Number DTFA14-96-L-R2418, providing the necessary real estate rights to the clear zone for the Perimeter Intrusion Detection System (PIDS) facility serving the Elgin TRACON on Lot 15, Fox Bluff Corporate Park in Elgin, Illinois. We have appreciated your expediency in the completion of this project. Sincerely, /- Donald P. Russo Real Estate Contracting Officer Enclosure • n o� Agenda Item No. February 19, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Fox Bluff Corporate Center License Agreement with Federal Aviation Administration (FAA) PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a License Agreement between the City of Elgin and the FAA. BACKGROUND The FAA has installed a very sensitive security system that monitors the perimeter of its property. While testing the system, the FAA has determined that trees, brush and other vegetation immediately adjacent to its fence line are activat- ing the system. FAA is requesting that the City of Elgin permit the FAA to haves to the west and north property property that runs par allel to lines of lot 15 (FAA site) . The five-foot easement runs for a distance of 1,800 feet. The FAA would be responsible for maintenance, cutting, trimming and removal of vegetation, landscape materials, trees or man-made objects which obstruct the effective operations of the Perimeter Intrusion Detection The System (PIDS) for hthi TRA96N facility.un through license September becomes effective on Marc , 2020. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT None. LEGAL IMPACT None. FBCC/FAA License Agreement February 19, 1996 Page 2 RECOMMENDATION It is recommended that with the Council the Mayor to sign a License Agreement Res tfully submitted, I Raymond H. Moller Director of Business Services and Properties Richard B. Helwig City Manager amp