HomeMy WebLinkAbout01-176 Resolution No. 01-176
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR A FENCE
WITH TIMBER CREEK PROPERTIES
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 Timber Creek
Properties for the erection of a fence at 1149 Timber Drive, a
copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Adopted: June 27, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Recorded:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
LICENSE AGREEMENT
THIS AGREEMENT made and entered into this .Q;i, day
of , 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
"Licensor" ) and TIMBER CREEK PROPERTIES, a limited partnership
organized pursuant to the laws of the State of r/Ef.VCY'S
(hereinafter referred to as "Licensee" ) ,
WITNESSETH
WHEREAS, Licensee is the owner of certain property
commonly known as 1149 Timber Drive, Elgin, Illinois, and
legally described as follows :
Lot 4 (except the West 81 . 93 feet as measured
along the Northerly line thereof) , and all of
' Lots 5 and 6 in Elgin Industrial Park, Unit No.
2 , in the City of Elgin, Kane County, Illinois,
according to the plat thereof recorded as
Document No. 1032910 in Book 48 of Plats at
page 5 on October 14 , 1964 (property commonly
known as 1155 Timber Drive) .
WHEREAS, Licensee desires to erect fencing and a
gate on a portion of the public right of way owned by Licensor
known as Timber Drive which is adjacent to the above-described
property of Licensee for the purpose of enclosing Licensee ' s
development located on Timber Drive.
NOW, THEREFORE, the parties agree as follows :
1 . Licensor hereby grants unto Licensee the right
to erect fencing upon the right of way owned by Licensor and
depicted on Exhibit A consisting of two pages, attached hereto
and made a part hereof .
2 . In consideration for this agreement, Licensee
agrees to pay to Licensor 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 sixty (60) days
written notice to the other party hereto. In addition, this
agreement may be terminated by Licensor 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 fencing and gate
only with the specific written authorization of the Licensor' 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 fencing shall , among
other items, provide for the minimum distances between the
fence and any sidewalks, streets and fire hydrants and for
restrictions on the placement of any and all shrubs or bushes
along said fencing.
5 . Licensee agrees that the fencing 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.
Licensor shall be the sole judge of the quality of the
construction and maintenance, and upon written notice by
Licensor, 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 Licensor shall
2
have the right to perform this maintenance, the cost of which
shall be borne by Licensee . Such fencing shall be removed
from the premises 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 fencing.
6 . Licensee shall immediately remove, at his own
expense, said fencing in the event Licensor determines such
removal necessary or convenient for the installation, repair
or replacement of any utilities or any other public
improvements on the subject premises . Any replacement or
repair of the fencing, under any circumstances, shall be at
the sole expense of the Licensee .
7 . Upon termination of this agreement, Licensee
agrees to immediately remove the fencing from the subject
premises and to restore Licensor' s property to its original
condition. If Licensee fails to exercise its duties under
this paragraph, Licensor shall have the right to remove the
fence and restore Licensor' s property at no cost or liability
to the City. Licensee covenants and agrees to reimburse
Licensor for such removal and/or restoration.
8 . Licensor shall in no way be responsible for loss
of or damage to the fencing 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 fencing and Licensee
hereby indemnifies and holds harmless Licensor, its officers,
3
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
Licensor, its officers, employees, boards and commissions from
and against any and all claims, suits, judgments, costs,
attorney' s fees, damages or other relief arising out of,
resulting from or through or in any way related to the fencing
to be located on Licensor' s property and/or in any way related
to this agreement . In the event of any action against the
Licensor, 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 Licensor ' s choosing.
Additionally, Licensee shall insure that any damage
done to the Licensor' s property whether allegedly caused by
Licensee or not shall be repaired immediately by Licensee at
Licensee ' s sole expense . Licensee further agrees that should
Licensor be required to repair said damage, Licensee agrees to
pay the cost of repair as well as all costs and reasonable
attorney' s fees incurred by Licensor to properly repair said
damage.
10 . Licensee shall provide, pay for and maintain in
effect, during the term of this Agreement, a policy of
comprehensive general liability insurance with limits of at
least $1, 000, 000 aggregate for bodily injury and $1 , 000 , 000
aggregate for property damage .
4
Licensee shall deliver to the Licensor a Certificate
of Insurance naming the Licensor as additional insured. The
policy shall not be modified or terminated without thirty (30)
days prior written notice to the Licensor.
The Certificate of Insurance, which shall include
contractual obligations assumed by the Licensor under
paragraph 9 hereof shall be provided.
This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs
afforded to the Licensor. 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 prorate, it shall be endorsed to be
primary with respect to the Licensor.
The requirements for insurance coverage for the
general liability and auto exposures may be met with a
combined single limit of $1 , 000, 000 per occurrence subject to
a $1, 000, 000 aggregate .
11 . This license is personal to Licensee . It is
nonassignable and any attempt to assign this license will
terminate the license privileges granted to Licensee hereunder.
12 . Licensee agrees that should any action, whether
real or asserted, at law or in equity, arise out of the terms
of this agreement, or by Licensee ' s operations on the
premises, venue for said action shall lie in the Circuit Court
of the Sixteenth Judicial Circuit, Kane County, Illinois .
13 . In any action brought by Licensor for the
enforcement of the obligations of Licensee and Licensor is the
5
. .
prevailing party in such action, Licensor shall be entitled to
recover interest and reasonable attorney' s fees .
14 . Licensee agrees to provide for recordation of
this agreement at its own expense and to provide proof of such
recordation to Licensor.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date and year first written above .
CITY OF ELGIN TIMBER CREEK PARTNERS
By 7„.:A!..t,
Ed Schock, Mayor L well Naber
Attest :
// 46(,-Y
Nancy ‘tin Naber
Dolonna Mecum, City Clerk
,44(
Roge D. Shelton
//
/ 6 ,,
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Tim Shelton
L. Dino Nabe
TIMBERCR. LA/RAGREE
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ACORD„ CERTIFICATE OF LIABILITY INSURANCE °".`""'°°"Y'
05/07/2001
PRooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
VALENTINE INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE.DOES NOT AMEND, EXTEND OR
920 DAV I S R D. SUITE 107 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ELGIN, IL. 60123 INSURERS AFFORDING COVERAGE
847-741-0083
INSURED NABER, LOWELL INSURERA LEGION INDEMNITY COMPANY
BLOOMINGDALE BANK & TRUST #1042B INSURER B:
678 BUCKEYE STREET INSURER C:
ELGIN, IL 60123 INSURER Cr.
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
�� TYPE OF INSURANCE POLICY NUMBER 1 =EFFECTIVE G7 MMIDOPTYL LIWTS
I GENERAL UABIJTY I EACH OCCURRENCE S 1, 000, 000
X t COMMERCIAL GENERAL UASIUTY ( FIRE DAMAGE(Arty ane 4R.) i 100, 000
;CLAIMS MADE X OCCUR 1 MED EXP(Any or»person) s 5, 000
A( I CP3-0764545 09/23/00 09/23/01 PERSONALs.AOVINJURY s 1,000, 000
GENERAL AGGREGATE $ 2, 000, 000
GEM'.AGGREGATE UMW APPLES PER: (PRODUCTS-COMPIOP AGG $ INCLUDED
I POLICY I JEC�T l LOC
B71J1I
AUTOMOBILE LIATYy
COMBINED SINGLE UMW
ANY AUTO (Ea. Ent)
I I
I ALL OWNED AUTOS
BODILY INJURY
r-- s
SCHEDULED AUTOS I (Per pavan)
}
HIRED AUTOS BODILY INJURY $
!NON-OWNED AUTOS (Per awoenl)
I � PROPERTY DAMAGE S
(Per acaoent)
GARAGE UAB4JTY I AUTO ONLY-EA ACCIDENT f
ANY AUTO I OTHER THAN EA ACC $
I AUTO ONLY AGG ;f
I EXCESS UABIUTY I J EACH OCCURRENCE I S
r—I
OCCUR f 1 CLAIMS MADE I AGGREGATE S
r - DEDUCTIBLE
I RETENTION $ i I I �S
WORKERS COMPENSATION ANOWC STATLL ) OTH•
EMPLOYERS UABIUTY I TORY LIMITS - I ER
I E L EACH ACCIDENT I S
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OTHER
•
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OESCRPTJON OF OPERA TTONS&OGTTONSroErecLESrExcLUsgN$ADDED BY ENDORSEMENTrSPECIAL PROVISIONS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL
LIABILITY ONLY.
CERTIFICATE HOLDER I X I AmrtrowAL mum); res*RER LEimst A CANCELLATION
sHOU.D ANY OF re ABOVE DESCRIBED POLICES BE CAANCU.LED BEFORE THE ICONNATION
CITY OF ELGIN DATE THEREOF,THE mum mum"wu E1 wvO To sett 10 DAYS WRITTEN
150 DEXTER COURT Nona To THE CERTIF LATE HOLDER NAMED TO TTE LEFT,BUT FALLRE TO DO SO SHALL
ELGIN, IL 60120 ■Lrose NO OBLIOAnot WARM OF ANY KMD VPoN TIE INSURER.TAOISM OR
REPRESEMTATWEIL
AIJTTIORQFDAT1VE . ,, •I 611•444164".i '
ACORD 25-S(7197) 0 ACORD CORPORATION 1988
. {OF 6-46)
Agenda Item No.
City of Elgin
E
June 8 , 2001 _
TO: Mayor and Members of the City Council N r.
FROM: Joyce A. Parker, City Manager NEIGHBORHOOD VITALITY
SUBJECT: License Agreement to Install a
Fence at 1149 Timber Drive
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of the City Council relating to the installation
of a fence and gate at 1149 Timber Drive .
BACKGROUND
The property located at 1149 Timber Drive is the former Georgia
[[r Pacific Warehouse facility. The property is now owned by Timber
Creek Properties . Lowell Naber is the managing partner. The
property owner recently received a variance relating to the
construction of a new fence at the Timber Drive location. The fence
to be installed is an aluminum material with a wrought iron look.
The fence will be six feet in height . In order to completely
enclose the site, it will be necessary to install a small portion
of the fence and gate on City right-of-way. The new fence is an
upgrade in materials when compared to other fences in the area and
the height is reduced from eight feet to six feet .
Mr. Naber is willing to comply with all insurance and
indemnification provisions required by the City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Variation was reviewed and approved by the Zoning Commission.
FINANCIAL IMPACT
None.
L GAL IMPACT
None.
rb. License Agreement - 1149 Timber Drive
June 8, 2001
Page 2
ALTERNATIVES
1 . Approve license agreement .
2 . Deny license agreement .
RECOMMENDATION
It is recommended that a license agreement which allows for the
placement of a fence and gate on City-owned right-of-way at 1149
Timber Drive be approved.
Repectfully submitt d,
a . /'
J ce A. Parker
City Manager
emb. RHM: sp
Attachments
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DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES
MARCH 16, 2001
ID200 0 200 Feet EXHIBIT D
A AERIAL MAP
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Received March 28, 2001
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