HomeMy WebLinkAbout02-322 Resolution No . 02-322
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
JAMES COSGRIFF AND MICHELLE COSGRIFF
FOR A FENCE AT 1100 N. SPRING 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 James Cosgriff and
Michelle Cosgriff for a fence at 1100 N. Spring Street, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 25, 2002
Adopted: September 25, 2002
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
a
LICENSE AGREEMENT
OAWI
THIS AGREEMENT made and entered into this r day of ' , 2002,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 JAMES COSGRIFF and
MICHELLE COSGRIFF (hereinafter referred to as "Licensee"),
WITNESSETH
WHEREAS, Licensee is the legal owner of certain residential real property
commonly known as 1100 N. Spring Street, Elgin, Kane County, Illinois 60120 with such property
being legally described as follows:
Lot 1 and the Easterly 51.3 feet (measured on River Bluff Road, formerly
Grant Avenue) of that part of Lot 3 lying Northerly of the Northerly line of lot 2
extended Westerly, in Block 1 of Lovell's Grove Second Addition to Elgin, in the
City of Elgin, Kane County, Illinois.
and
WHEREAS, the City is the owner of certain public property to the east of 1100 N.
Spring Street consisting of a public right-of-way commonly known as Spring Street (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
north of 1100 N. Spring Street, Elgin, Kane County, Illinois, in the location on the public right-of-
way as drawn on the plat of survey prepared by Alan J. Coulson,P.C. Professional Land Surveyors,
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December 26,2001,attached hereto as Exhibit A. The fence shall consist of a forty-two inch(42")
high ornamental cast iron 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
Subject Public Right-of-Way shall in no event interfere with pedestrian or vehicular traffic,public
utilities or result in a safety hazard.
5. 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 by Licensee immediately and at Licensee's sole
cost. 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.
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. .
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 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 pursuant to this agreement, 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,judgments,costs, attorney's fees, damage or other relief,
including but not 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,
3
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 1100 N. Spring 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 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.
14. All notices provided under this agreement shall be in writing and shall be mailed
by first class mail, postage prepaid, addressed as follows
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As to the CITY: As to the LICENSEE:
John Loete James Cosgriff and
Director of Public Works Michelle Cosgriff
City of Elgin 1100 N. Spring Street
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120-5555
15. Licensee shall record this agreement on or before .0 , 2002, at the
Kane County Recorder's Office, at Licensee's sole cost, and shall provide City with a copy of this
agreement which bears the recorder's document number stamp.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date and year first written above.
CITY OF ELGIN
/ 41,
By
E. Schock, ayor J es osifII Or
Attest:
• IA
71(/ /wA.,(_
City Clerk Michel e Cosgritf
5
.. .
. .
Exhibit A=Plat of Survey
F:\Community_Development\Planning Neighborhood Srvs\Sarosh\Sarosh Shared\Sarosh WordPerfect
Files 1 WPDOCS\PROPERTY1SPDOUG\SPRING\1100 N Spring\license agreement.wpd
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440111V-1- City of Elgin Agenda Item No. G
IP% _
E
L
September 6, 2002
N
i
TO: Mayor and Members of the City Council IQUALITYMIGUSING
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: License Agreement to Install a Fence at
1100 N. Spring Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information relating to the
installation of a fence upon a portion of a public right-of-way
north of 1100 N. Spring Street .
BACKGROUND
The property owners of 1100 N. Spring Street, James and Michelle
Cosgriff have requested to install a forty-two inch (42") high
cast iron fence upon a portion of a public right-of-way directly
north of their property at 1100 N. Spring Street .
The subject public right-of-way is a small strip of land
adjacent to the brick roadway which N. Spring Street dead ends
into. Currently, there are flower beds on a portion of the
subject public right-of-way that the Cosgriffs maintain. The
Cosgriffs have requested the installation of a fence to prevent
trespassers from uprooting the perennials planted in that area.
This is a particular concern for the Cosgriffs in the winter
months, when area children and adults use the portion of their
property adjacent to the brick roadway as a sled hill .
Staff has inspected the proposed location of the fence and has
determined that there is no practical alternative for installing
the fence in another location.
Attached along with this memo is a copy of the license
agreement, aerial photograph with parcel lines, a plat of
survey, and photographs of the proposed location of the fence.
•
r, License Agreement to Install a Fence at 1100 N. Spring Street
September 6, 2002
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
UNANCIAL IMPACT
(21
At)L-
The City will receive consideration of $10 . 00 . In addition, the
construction and maintenance of the fence will be the
responsibility of the Licensee .
LEGAL IMPACT
)421/None.
ALTERNATIVES
1 . Approve license agreement .
2 . Deny license agreement .
lek RECOMMENDATION
It is recommended that the City Council approve a license
agreement which allows for the installation of a fence upon a
portion of a public right-of-way north of 1100 N. Spring Street .
Respectfully submitted,
v. \
Qi......%.•••..
Olufemi F: : 'n
InterCi Manager
Rk/sr
Attachment
eow
JENNIFER RUPERT INS AGEN
Auto-Life-Health-Home and Business
1061 ROHLWING ROAD
ELK GROVE VILLAGE, IL 60007 PHONE (847) 891-8850
October 11, 2002
JAMES M & MICHELE COSGRIFF
1100 N SPRING ST
ELGIN, IL 60120-2124
Dear Jim & Michele,
Enclosed is proof that the City of Elgin has been added as additional
insd along with the—change request showing the liability has been
increased to $500,000.
An official policy will come in a few weeks.
Have A Great Day! ! !
P.S. I'll send out the Umbrella quote and the auto quotes with
Umbrella limits soon.
hROM : STATE FARM INSURANCE FAX NO. : 8478919405 Oct. 29 2002 12:14PM P2
•;=�•";`
Off
, lkGR,olhfifnwsSTAT! 1.1.4!41 "RI.,
r
Agent'
rNsua.Nca 6007114
847.891.8850
Fax 847-891-940$
OCTOBER 29, 2002
Fire Policy Status
H Ph. (847) 608-8709
COSGRIFF, JAMES & MICHELLE FIRE Policy: 13-S4-1643-4 F Yr issd: 1996
1100 N SPRING ST Xref: YRs with SF: 6
ELGIN IL 60120-2124
Term: CONT
Type: HO - HOMEOWNERS Renew date: JAN-15-03
Coverage information Premium: 667.00 Written date: JAN-11-02
A-DWELLING 311200 PREV BAL 4.52
DWETJ, EXT 31120
B-PERS PROP 233400
C-LOSS USE ACT LOSS End act 10/10/02
Amount due: 4.52
L-PERS LIAB 500000 Date due: W RNEW
DMG TO PROP 500 Bill to: MTG
M-MED/PERS 1000
Prev prem: 0
Prey risk: 0
Deductibles applied: 500 ALL PER
Messages:
Year built: 1904 Conatr: FRAME
Zone: 02 Home alert: FE DB SA
Sub zone: 01
Families: 01
Rating claims: 00
Clean slate: 03-28-98
?air 1
FROM : STATE FARM INSURANCE FAX NO. : 8478919405 Oct. 29 2002 12:15PM P3
INS.AGENCY,INC.
I-, JENNIFER RUPERT,Agent
1061 Rohlwing Rd.
INSU ANCA Elk Grove,lllinois 60007
=♦ Off.847-881-8850 Fax 847-891.9405
OCTOBER 29, 2002
Fire Policy Status
* MORTGAGEE
COUNTRYWIDE HOME LOANS
ATIMA-ISAOA
ATTN INS DEPT SV22
PO BOX 10212
VAN NUYS CA 91410-0212
LOAN NO: 005448042
SECOND MORTGAGEE Prem adj : + 6%UT /- HA INCL
GMAC MORTGAGE CORP -10%CRR /- 5%MLD
ITS SUCCESSORS AND/OR ASSIGNS
500 ENTERPRISE RD STE 150
uORS4AM EA 9044-3503
ADDL INSURED - SECTION II
CITY OF ELGIN
DIRECTOR OF PUBLIC WORKS
150 DEXTER CT Move-in: I
ELGIN IL 60120-5527 Entry: FEB-08-02
FMP seg: 99
Insurance to Value Inspection
Repl cost: 304500 IV Percentages Reinsp compl 01-11-02 by agent
Repl cost: 102
Current cov: 311200
Area adj fact: 2.05 Rate: 102
Square footage: 1535
Replacement Cost Criteria Additional Building Features
Frame 1 Masonry chimney
2 Stories 2 Car attached garage
Year built: 1904 Kitchen package
9 or more corners 1 Family
Basement Central air
Wood shake roof
Additional Building Features
1 Open porch Special Features
1 Enclosed porch Hardwood, slate, or marble floors
Finished basement sq ft: 1535
3 Fireplace hearths
WatfiY.
DECLARATIONS
Coverage afforded by this policy is
We will provide the provided by:
insurance described in
his policy in return for the premium STATE FARM FIRE AND CASUALTY COMPANY
nd compliance with all applicable 2702 IRELAND GROVE RD
rovisions of this policy. BLOOMINGTON IL 61709
3-S4-1643-4 Policy Number
A Stock Company with Home Offices in
amed Insured and Mailing Address Bloomington, Illinois.
OSGRIFF, JAMES & MICHELLE
100 N SPRING ST
LGIN, IL 60120-2124
IN oq ‘ I msv,e6O crry OF afi I0
he Policy Period-begins -and ends--at - �Autcmatic Peneit —-Lf the policy
2:01 a.m. Standard Time at the residence Period is shown as 12 months, this
remises. policy will be renewed auto-
matically subject to the premiums,
1-15-2002 Effective Date rules and forms in effect each
2 months-Policy Period succeeding policy period. If this
1-15-2003 Expiration of Policy Period policy is terminated, we will give
you and the Mortgagee/Lienholder
Limit of Liability - Section 1 written notice in compliance with
the policy provisions or as
311,200 Coverage A. Dwelling required by law.
Deductibles - Section 1 $500
Policy Type ALL LOSSES In case of loss under
tomeowners Policy this policy, the deductible will be
Dwell Repl Cost - Similar Construction applied per occurrence and will be
Option ID - Increased Dwelling Applies deducted from the amount of the
• loss. Other deductibles may apply
',ocation of Premises - refer to your policy.
;ame as mailing address
Policy Premium $650.00
?orms & Endorsements
?P-7955. IL HOMEOWNERS POL
SSP Al SMLR CONST-A
,SP B1 LMT RPLC COST-B
)PT ID COV A-INCR DWLG
)PT OL BLD ORD/LAW-10%
p1DA'f1�Nlkl- �N6642e): I Agent Name & Address
ITY OF ELGIN I JENNIFER RUPERT INS AGEN
)IRECTOR OF PUBLIC WORKS I 1061 ROHLWING ROAD
L50 DEXTER COURT I ELK GROVE VILLAGE, IL
ELGIN, IL 60120-5555 .0007-3217 (847) 891-8850
Loan Number: I
Countersigned: October 11, 2002 By ;/en ► 40i1.41 3344
A• -nt I Agent's Code
559-916.2 Rev. 4-96 ( MORTGAGEE COPY
OCTOBER 11, 2002
50018BHCCKA FIRE MAIN ENTRY SCREEN Agent: 3344
lame: COSGRIFF, JAMES & MICHELLE Poll: 13-S4-1643-4 F
►esc: HO - HOMEOWNERS Status:
renew Date: Jan 15, 2003
ELECT ANY OF THE FOLLOWING CATEGORIES: 2
1=Options and Endorsements 4=Cancellation—
2=Additional Interest 5=Name/Address Changes/Removal
3=Home Alert 6=Insurance to Value Information
Print Agent Issued Dec for current policy?: Home/Auto Discount?: _
'HE FOLLOWING DEDUCTIBLE AND COVERAGE AMOUNTS CAN BE ADDED OR CHANGED:
*DEDUCTIBLES** 500 ALL PER
All Peril Wind and hail Earthquake %
Theft Other
-*CURRENT COVERAGES NEW COVERAGES
A-DWELLING 311200
DWELL EXT 31120
B-PERS PROP 233400
L-PERS LIAB 100000 500000
M-MED/PERS 1000
?Fl-Policy, PF2-Remks, ALT+PF5-Status
9-Mstr rec
)elete? N Accept
PREMIUM NOTICE
STATE FARM INSURANCE COMPANIES
AGENT ISSUED DECLARATIONS
559-916.4
I POLICY NUMBER 1 BILLING PERIOD I AGENT CODE 1
1 13-S4-1643-4 1 FROM 01-15-2002 1 TO 01-15-2003 1 3344 1
ACATION (If other than Named Insured' s mailing address)
NSURED PREMIUM $ 650.00
:OSGRIFF, JAMES & MICHELLE
.100 N SPRING ST AMOUNT PAID $ 650.00
;LGIN, IL 60120-2124
AMOUNT DUE $ .00
DATE DUE
DDDITIONAL INSURED AGENT NAME & ADDRESS
:OUNTRYWIDE HOME LOANS JENNIFER RUPERT INS AGEN
VTIMA-ISAOA 1061 ROHLWING ROAD
LTTN INS DEPT SV22 ELK GROVE VILLAGE, IL
?0 BOX 10212 60007-3217 (847) 891-8850
JAN NUYS, CA 91410-0212
moan Number: 005448042
STATE FARM INSURANCE COMPANIES
ILLINOIS REGIONAL OFFICE
2702 IRELAND GROVE RD
BLOOMINGTON IL 61709
559-916.4