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HomeMy WebLinkAbout02-64 Resolution No. 02-64 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH EAST PARK PROFESSIONAL CENTRE, L.L.C. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY EOF E Y ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with East Park Professional Centre, L.L.C. for the installation of a heating device under a sidewalk at 373 Summit Street , a copy of which is attached hereto and made a part hereof by reference . _s/ Ed Schock Ed Schock, Mayor Presented: February 27 , 2002 Adopted: February 27 , 2002 Omnibus Vote: Yeas : 7 Nays : 0 Attest : s Doionna Mecum Dolonna Mecum, City Clerk C. v Resolution No. 02-64 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH EAST PARK PROFESSIONAL CENTRE, L.L.C . 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 East Park Professional Centre, L.L.C. for the installation of a heating device under a sidewalk at 373 Summit Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 27, 2002 Adopted: February 27, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum _ Dolonna Mecum, City Clerk DRAFT 11/8/01 RAGREE/FITZ . 2 LICENSE AGREEMENT THIS AGREEMENT made and entered into this day A9/ 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 "City" ) and EAST PARK PROFESSIONAL CENTRE, L.L. C. (hereinafter referred to as "Licensee" ) , WITNESSETH WHEREAS, Licensee is the legal owner of certain commercial real property commonly known as 373 Summit Street, Elgin, Kane County, Illinois 60120; and WHEREAS, the City is the owner of certain public property to the south of 373 Summit Street consisting of a public right-of-way commonly known as Seneca Street (hereinafter referred to as the "Subject Public Right-of-Way" ) ; and WHEREAS, Licensee desires to install a heating device under a sidewalk 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 install a heating device under a sidewalk upon a portion of the Subject Public Right-of-Way to the south of 373 Summit Street, Elgin, Kane County, Illinois, in the location on the Subject Public Right-of-Way depicted with cross hatching on the plat of survey prepared by Dahlquist & Lutzow, dated September 29, 2000, last revised October 27, 2000 , attached hereto and incorporated as a part hereof as Exhibit A. 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 install the heating device 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 installation of said heating device shall , among other items, provide for the minimum distances between the heating device and any sidewalks, streets and fire hydrants, signal and light poles, signs and any other appurtenances . The location of the heating device 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 heating device 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 2 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 heating device 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 heating device . 6 . Notwithstanding any other provision in this agreement to the contrary, Licensee shall immediately remove, at his own expense, said heating device 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 heating device interferes with pedestrian or vehicular traffic, public utilities or constitutes a safety hazard. Any replacement or repair of the heating device, 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 heating device and restore the Subject Public Right-of-Way at no cost or liability to the City. 3 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 heating device 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 heating device 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 heating device 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 heating device 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 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 heating device on the Subject Public Right-of-Way. In 4 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 heating device on the City of Elgin owned Subject Public Right-of-Way adjacent to 373 Summit 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 heating device . 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. 5 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 . I 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 EAST PARK PROFESSIONAL CENTRE, L.L.C. B '-. B ��%1M �,► Ed Schock, Mayor ' � '':i "`simmons 'resi.ent / Attest : Attest : C,t4a6n--w42---- 42-CAINP , City Clerk 6 `:ci OF et.0i / C -�' ti Agenda Item No. J st City of Elgin February 8 , 2002 G _ : .:, ' g N mum , 46 TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Acting City Manager SUBJECT: License Agreement to Install a Heating Device Under Seneca Avenue Sidewalk PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of a license agreement to install a heating device under a sidewalk portion of the subject public right-of-way to the south of 373 Summit Street . BACKGROUND East Park Professional Centre L.L.C. obtained a site plan permit to construct a building at 373 Summit Street . During construction, the owner/developer included a sidewalk heating device consisting of a PVC pipe, carrying hot water, embedded within the private walks and extended to the public sidewalk on the south side access, Seneca Street . The owner/developer was required to sign a license agreement with the City of Elgin for the encroachment of the public right-of-way and to provide a Certificate of Insurance naming the City of Elgin as an additional insured. The License Agreement specifies that any replacement or repair on the heating device shall be at the sole expense of the licensee. The Legal Department prepared the license agreement . Attached as Exhibit A is a location map. Attached as Exhibit B is a copy of the signed license agreement and the first certificate of insurance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED LeRoy A. Fitzsimmons - East Park Professional Centre, LLC. 71FINANCIAL IMPACT 1k The licensee is required to pay the City a fee of $10 . 00 when this agreement is executed. Heated Device in Sidewalk February 8 , 2002 Page 2 LEGAL IMPACT ISA/1/None . ALTERNATIVES 1 . Accept the license agreement . 2 . Not accept the license agreement and force the owner to remove the heating device from the public walk. RECOMMENDATION It is recommended that the City Council authorize staff to execute the license agreement . Respectfully submitted, Olufemi 'larin Acti anager OS :do Attachments 1� 3