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Home My WebLink About12-0627 School District U-46 ROW RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT This Right-of-Way Encroachment License Agreement (hereinafter the "Agreement") is made and entered into at Elgin, Illinois this 21+h day of 3i (Art'� , 2012, by and between the City of Elgin, an Illinois municipal corporatio (hereinafter the "the City") and Board of Education for School District U-46, Counties of Kane, DuPage and Cook, Illinois, a body politic and corporate(hereinafter the"Licensee"). Recitals WHEREAS, Licensee is the record titleholder and responsible for the maintenance of certain real property located within the City of Elgin, County of Kane, State of Illinois, legally described on Exhibit A, attached hereto and incorporated herein by this reference, said property being commonly known as Channing Memorial Elementary School facility, in the City of Elgin, Illinois (hereinafter referred to as"Licensee's Property"); and, WHEREAS, the City is the owner of certain real property located northeasterly of and adjacent to the Licensee's Property, said property being commonly known as Channing Park, 35 Rugby Place, Elgin, Illinois (hereinafter referred to as the"City Property"); and, WHEREAS, Licensee desires to utilize a portion of the City Property for the installation of parking stalls and landscaped areas in certain sections of said City Property within or adjacent to the Licensee's Property. The portion of the City Property to be used by Licensee consists of a strip of land measuring approximately twelve and five/tenths feet (12.5') in width on the west end of said strip of land, approximately sixteen and zero/tenths feet (16.0') in width on the east end of said strip of land, and approximately three hundred twenty-nine feet (329') in length, along a portion of the northerly property line of the City Property adjoining the existing parking lot on the Licensee's Property, as depicted on Exhibits B, which is attached to and incorporated into this Agreement by this reference(hereinafter the"Encroachment Area"); and, WHEREAS, the City has agreed to grant to Licensee a temporary and non-exclusive personal privilege to use the Encroachment Area described above, all in accordance with and subject to the terms, conditions and limitations of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations contained herein and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Grant of License. The City hereby grants to Licensee a temporary and non-exclusive personal privilege and permission to enter upon the City Property and to use the Encroachment Area described above (hereinafter the "License"), subject, however, to the terms, conditions and limitations of this Agreement. The License herein granted shall be 1 a. Recording of Notice of Termination. Upon termination of this Agreement, the City may cause to be recorded with the County Recorder of Kane County, Illinois, a written Notice of Termination. b. No Compensation to Owner. In the event of termination of this Agreement, Licensee shall not be entitled to receive a refund of any portion of the consideration paid for this Agreement, nor shall Licensee be entitled to any compensation or reimbursement for any costs or expenses incurred in any way arising from this Agreement or relating to the construction, installation, maintenance and/or removal of improvements in the Encroachment Area, nor any monetary damages of any kind whatsoever. 10. Permanent Removal of Encroachments upon Termination. At such time as this Agreement and the License herein granted to Licensee is terminated, Licensee shall, at the option of the City, remove, at Licensee's sole cost and expense, any and all encroachments or improvements owned or maintained by Licensee in the City Property. Any other provision of this Agreement to the contrary notwithstanding, Licensee shall immediately remove, at its sole cost and expense, any such encroachments in the event that the City determines that such removal is necessary or convenient for the installation, repair or replacement of any utilities or other public improvements in the City Property, or in the event that the City determines that any such encroachments interfere with pedestrian or vehicular traffic, public utilities, or constitute a safety hazard. Any replacement or repair of such encroachments shall be at the sole cost and expense of the Licensee. If the Licensee fails to exercise its duties under this paragraph, the City shall have the right to remove the encroachments or improvements and restore the City Property, the full and complete cost of which shall be borne by Licensee. Licensee covenants and agrees to reimburse the City its full cost and expense for any such removal and/or restoration. 11. Insurance. Licensee shall maintain at all times during the term of this Agreement, at Licensee's sole cost, a policy or policies of comprehensive general liability coverage on an occurrence basis from an insurance company licensed with the State of Illinois or other insurer approved by Licensee with at least $1,000,000.00 single limit coverage on all risks. Such policy or policies shall provide that the coverage afforded thereunder shall not be canceled, terminated or materially changed until at least thirty (30) days written notice has been given to the City. Licensee shall name the City as co-insured and shall furnish the City with duplicate policies or certificates evidencing insurance in force as required herein prior to utilizing the Encroachment Area. Evidence of payment of premiums shall be delivered to the City at least thirty (30) days prior to the expiration dates of each existing insurance policy. This insurance 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 this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the City. 3 The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 15. Breach and Limitation on Damages. If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party shall have the right to seek such administrative, contractual or legal remedies as may be suitable for such violation or breach; provided,however, that in no event shall the City be liable to Licensee for monetary damages of any kind relating to or arising from any breach of this Agreement, and that no action of any kind shall be commenced by Licensee against the City for monetary damages. 16. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: To the City: To the Owner: City Engineer Director, Plant Operations City of Elgin Illinois School District U-46 150 Dexter Court 355 East Chicago Street Elgin, IL 60120-5555 Elgin, IL 60120 With a copy to: With a copy to: Corporation Counsel Franczek Radelet P.C. City of Elgin 300 South Wacker Drive 150 Dexter Court Suite 3400 Elgin, IL 60120-5555 Chicago, IL 60606 Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been given on the third business day following mailing. Notices personally delivered shall be deemed to have been given upon delivery. 17. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. 18. No Personal Liability. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 19. Joint and Collective Work Product. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and Licensee, and as such, this Agreement shall not be construed against any other party as the otherwise purported 5 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year first above written. CITY OF ELGIN By: " / Yi 6 anag er ATTEST: AU-brA&b/i4A City Clerk Illinois School District U-46 By: '11j7 Name: Jeffrey King Its: Chief Operations Officer Attest: 7 Exhibit B Encroachment Area Sheet 1 —Encroachment Area on Site Plan Sheet 2—Encroachment Area Detail 9 (Exhibit B-Sheet 2 b eTAi/- R.0T TO SG+Q'r ,.....,_ - _ ". \. .J !�, z .J 22+00 23+00 24+00 I I-- >•P l�._ —1— PARKING LOT I — I �+ — -I- 12" PVC • -..::112" PVC — �— a D Cl C1 d mama vimmw o R R R ,� °'=R. R R R R R '� R BENCH a ° "\..J ° 4" W° 2" • n ° . 06' L! 03. Il 1 i _ •�1►._ EXISTING CONCRETE SIDEWALK 0 8142 B CB MIC .... 3' DIA. \ CZ.SI t2.0