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HomeMy WebLinkAbout01-311Resolution No. 01 -311 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH ERIC ENGELBY AND BOBBI ENGELBY FOR A FENCE (636 Park Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, 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 Eric Engelby and Bobbi Engelby for the erection of a fence in the public right -of- way at 636 Park Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2001 Adopted: November 14, 2001 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DRAFT 11 /1 /01 RAGREE /ENGELBY.LIC LICENSE AGREEMENT THIS AGREEMENT made and entered into this cM day of �ot/. 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as the "City ") and ERIC ENGELBY and BOBBI ENGELBY (hereinafter referred to as "Licensee "), WITNESSETH WHEREAS, Licensee is the legal owner of certain residential real property commonly known as 636 Park Street, Elgin, Kane County, Illinois 60120 with such property being legally described as follows: "IT:1 Lots 1 and 2 in Block 2 of J. Force's Heir's Addition and that part of Lot CCLIV of County Clerk's Subdivision described as follows: Beginning at the Northeast corner of said Lot 1; thence West along the North lines of said Lots 1 and 2, 120 feet to the Northwest corner of said Lot 2; thence North along the West line extended of said Lots 2; 30.3 feet; thence East parallel with the North line of said Lots 2 and 1, 120 feet to the East line extended of said Lot 1; thence South 30.3 feet to the place of beginning, in the City of Elgin, Kane County, Illinois. WHEREAS, the City is the owner of certain public property to the east of 636 Park Street consisting of a public right -of -way commonly known as Preston Avenue (hereinafter referred to as the "Subject Public Right -of- Way "); and WHEREAS, Licensee desires to erect a fence on a portion of the Subject Public Right -of -Way. NOW, THEREFORE, the parties agree as follows: 1. The City hereby grants unto Licensee a nonexclusive temporary license permitting the Licensee to erect a fence upon a portion of the Subject Public Right -of -Way to the east of 636 Park Street, Elgin, Kane County, Illinois, in the location on the public right -of -way as drawn on the plat of survey prepared by Preferred Survey, Inc. dated February 19, 1999, attached hereto as Exhibit A. The fence shall consist of a forty -eight inch (4811) high balustrade style wood fence as described and depicted in the application for a fence permit submitted by Licensee to the City of Elgin. 2. In consideration for this agreement, Licensee agrees to pay to the City a fee of Ten Dollars ($10.00) due and payable when this agreement is executed. 3. This agreement may be terminated by either party for any reason or no reason upon giving thirty (30) days written notice. In addition, this agreement may be terminated by the City upon five (5) days written notice to Licensee of a breach of any term or condition of this agreement. 4. Licensee agrees to erect the fence only pursuant to the specific written authorization of the City's Public Works Director and at such site and manner as is designated by the Public Works Director. The written authorization for the erection of said fence shall, among other items, provide for the minimum distances between the fence and any sidewalks, streets and fire hydrants, signal and light poles, signs and any other appurtenances. The location of the fence in the 2 Subject Public Right -of -Way shall in no event interfere with pedestrian or vehicular traffic, public utilities or result in a safety hazard. S. Licensee agrees that the fence shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, 1976, as amended. The City shall be the sole judge of the quality of the construction and maintenance, and upon written notice by the City, through its Public Works Director, stating in general terms how and in what manner maintenance is required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then the City shall have the right to perform this maintenance, the cost of which shall be borne by Licensee. Such fence shall be removed from the Subject Public Right -of -Way immediately upon receipt of instructions from the Public works Director for the removal of same. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the fence. 6. Notwithstanding any other provision in this agreement to the contrary, Licensee shall immediately remove, at his own expense, said fence in the event the City determines such removal is necessary or convenient for the installation, repair or replacement of any utilities or any other public improvements on the Subject Public Right -of -Way or in the event the City determines that the fencing interferes with pedestrian or vehicular traffic, public KI utilities or constitutes a safety hazard. Any replacement or repair of the fence, under any circumstances, shall be at the sole expense of the Licensee. If Licensee fails to exercise its duties under this paragraph, the City shall have the right to remove the fence and restore the Subject Public Right -of -Way at no cost or liability to the City. Licensee covenants and agrees to reimburse the City for such removal and /or restoration. 7. Upon termination of this agreement, Licensee agrees to immediately remove the fence from the Subject Public Right -of -Way and to restore the site to its original condition. If Licensee fails to exercise its duties under this paragraph, the City shall have the right to remove the fence and restore the Subject Public Right -of -Way at no cost or liability to the City. Licensee covenants and agrees to reimburse the City for such removal and /or restoration. 8. The City shall in no way be responsible for loss of or damage to the fence or any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be stolen, destroyed or in any way damaged during the erection or maintenance of the fence and Licensee hereby indemnifies and holds harmless the City, its officers, agents, servants and employees from and against any and all such claims. 9. To the fullest extent permitted by law Licensee agrees to and shall indemnify, defend and hold harmless the City of Elgin, its officers, employees, agents, boards and commissions from and against any and all claims, suits, 51 judgments, costs, attorney's fees, damage or other relief, including but no limited to Workers' Compensation claims, in any way resulting from or arising out of the existence of this agreement and /or the existence, maintenance, use or location of the fencing on the Subject Public Right -of -Way. In the event of any action against the City, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City's choosing. 10. Licensee covenants and agrees to furnish the City with a certificate of insurance naming the City of Elgin as additionally named insured for a fence on the City of Elgin owned Subject Public Right -of -Way adjacent to 636 Park Street, Elgin, Kane County, Illinois, as described in this license agreement as proof that it has secured and paid for a policy of public liability insurance annually covering all public risks related to the use, maintenance, existence or location of the fence. The amounts of such insurance shall be as follows: Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage: $100,000 per occurrence; $500,000 annual aggregate; with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at the City's option and Licensee will so revise such amounts within thirty (30) days following notice to Licensee of such requirements. The insurance required in this agreement shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the City. There shall be no endorsement or modification of 5 this insurance to make it excess over other available insurance, alternative, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the City of Elgin. 11. This license is personal to Licensee. It is nonassignable and any attempt to assign this license will automatically terminate the license privileges granted to Licensee hereunder. 12. Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this agreement, or by Licensee's operations on the Subject Public Right -of -Way, venue for said action shall lie in Kane County, Illinois. 13. In any action brought by the City for the enforcement of the obligations of Licensee and the City is the prevailing party in such action, the City shall also be entitled to recover interest and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN By L� Ed chock, Mayor Eric Engelb Attesst:�_ City Clerk Bob i Enge by 2 ""o o"z". 01 CORPORATION NO. 116 STATE OF ILLINOIS PLAT OF SURVEY OF LOTS 1 AND 2 IN BLOCS 2 OF J. FORCE'S HEIR'S ADDITION AND THAT PART OF LOT CCI,$ OF COUNTY CLERE'S SUBDIVISION DESCRIBED AS FOLLOWS: BECINNING AT THE NORTHEAST .,. CORNER OF SAID LOT 1; THENCE REST ALONG THE NORTH LINES OF SAID LOTS IAND 2, 120 FEET TO)' THE. NORTHWEST CORNER OF SAID IAT 2; THENCE NORTH ALONG THE TEST LINE LINE OF AID LOTS 2 AND Its 1203FSU TO 'THE FEAR nARLEL OF Id B EXTENDED SAID LOT NORTH THENCE SOUTH 30.3 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, SANE COUNTY. ILLINOIS. ADDRESS: 636 PARE STREET, ELGIN, ILLINOIS. rovxe nma Frog rW¢ wuxF umx s 2 1/2 BRICK Ne w. aer.1 I PARK STREET N SCALE: 1 " =30' w z w z 0 E- W a a ur , 45" H ?,AwSTl2.Ai--a ST`(L.E3 Ncm mm,--c4.-). WWWI.2,44 Plalv�( T--Ehlc r- j1q I'� j v �stwvoe STYLE WCW FIrnfC2 CV,,,, tk -60-I5 TO: RUSSELL C WIRBICKI JPROFESSIONAL NATIONAL TITLE NETWORK, INC. THIS IS TO CERTIFY THAT WE, PREFERRED SURVEY, INC., ILLINOIS PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE SURVEYED THE PROPERTY DESCRIBED HEREON AND THAT THE PUT SHOWN HEREON LS A CORRECT REPRESENTATION OF THAT SURVEY. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. GIVEN UNDER OUR HAND AND SEAL AT GLEN ELLYN. ILLINOIS, THIS 19TH D FEBR RY _ A.D. 1999 PREFERRED SURVEY, INC. TcLINaTS A x, 799 W. Reeaaral Read/Emmlae N. smL. a96 /clan e1Dn. R e0137 - G PEFne 830 - 790 -Bast / F.. a9n_axa_aa• P.N.T.N. NO. 2791580 T.C. Exhibit A CITY OF ELGIN . DEPARTMENT QF CODE ADMINISTRATION APPRtp/�'ED PLAN SIONATU 1tAoA4 BQ DATE U/ 7 ZI,ID1 ] wuxx nnx nvv 1 20.00 22b r•,'�n. pFRAME GARAGE ". R R •coxp ere xomx �xx ft -K4 IN Prl4izt_ 1 I R1 re Ht s 2 1/2 BRICK Ne w. aer.1 I PARK STREET N SCALE: 1 " =30' w z w z 0 E- W a a ur , 45" H ?,AwSTl2.Ai--a ST`(L.E3 Ncm mm,--c4.-). WWWI.2,44 Plalv�( T--Ehlc r- j1q I'� j v �stwvoe STYLE WCW FIrnfC2 CV,,,, tk -60-I5 TO: RUSSELL C WIRBICKI JPROFESSIONAL NATIONAL TITLE NETWORK, INC. THIS IS TO CERTIFY THAT WE, PREFERRED SURVEY, INC., ILLINOIS PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE SURVEYED THE PROPERTY DESCRIBED HEREON AND THAT THE PUT SHOWN HEREON LS A CORRECT REPRESENTATION OF THAT SURVEY. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. GIVEN UNDER OUR HAND AND SEAL AT GLEN ELLYN. ILLINOIS, THIS 19TH D FEBR RY _ A.D. 1999 PREFERRED SURVEY, INC. TcLINaTS A x, 799 W. Reeaaral Read/Emmlae N. smL. a96 /clan e1Dn. R e0137 - G PEFne 830 - 790 -Bast / F.. a9n_axa_aa• P.N.T.N. NO. 2791580 T.C. Exhibit A "ioior o I� 9p 1e �Rq TEOFEe e City of Elgin November 9, 2001 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager Item No. 9 NEIGHBORHOOD VITALITY SUBJECT: License Agreement to Permit a Fence to be Erected in the Public Right -of -Way Adjacent to 636 Park Street PURPOSE The purpose of this memorandum is to submit to the Mayor and members of the City Council information regarding a proposed license agreement to allow the erection of a fence in the public right -of -way adjacent to the property at 636 Park Street. Eric Engelby and Bobbi Engelby are the owners of the residential property at 636 Park Street. The property in question is located at the northeast corner of Park Street and Preston Avenue. Mr. and Mrs. Engelby are proposing to construct a fence to enclose their property. A plat of survey depicting the property and the location of the proposed fencing is attached. Mr. and Mrs. Engelby are proposing to locate the fencing on the east side of their property in the city public right -of -way. This proposal is based in part on the fact that there is an unusual distance of approximately thirteen (13) feet between the eastern boundary of the Engelby property and the sidewalk in the public right -of -way and there is also a line of bushes several feet from the sidewalk. A photograph depicting this area is also attached. Elgin Municipal Code Section 13.04.130 prohibits the erection of any private structure which encroaches upon any public right -of- way. Exceptions may be made only upon the written approval of the City Manager with the recommendation of the City Engineer, or by the City Council, providing that the proposed structure in the public right -of -way does not interfere with pedestrian or vehicular traffic, public utilities or results in a safety hazard. License Agreement for Fence November 9, 2001 Page 2 Attached is a proposed license agreement between the city and Mr. and Mrs. Engelby which would grant Mr. and Mrs. Engelby a temporary license to erect the proposed fence in a portion of the city right -of -way. The license agreement may be terminated by either party upon thirty (30) days' written notice. The license agreement may also be terminated by the city upon five (5) days' written notice in the event of a breach of any of the terms or conditions of the agreement. The type of fence would be limited to the forty -eight inch (4811) high balustrade style wood fence identified in Mr. and Mrs. Engelby's application for a fence permit. A photograph of a similar style fence is also attached. The license agreement also requires Mr. and Mrs. Engelby to provide the city insurance and to indemnify, defend and hold the city harmless for any claims or damages relating to the license agreement or the fencing being located in the public right -of -way. COMMUNITY GROUPS /INTERESTED PERSONS CONTACTED None. y/A FINANCIAL IMPACT UJ None. 11�nJ /EGAL IMPACT J I' None. ALTERNATIVES 1. Approve the proposed license agreement. 2. Do not approve the proposed license agreement. It is recommended that the City Council approve the proposed license agreement allowing Mr. and Mrs. Engelby to erect fencing in a portion of the city -owned right -of -way adjacent to 636 Park Street. Respectfully submitted, Joyce A. Parker City Manager WAC /nr Attachments