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HomeMy WebLinkAbout03-215 Resolution No. 03-215 RESOLUTION AUTHORIZING TERMINATION OF AN AGREEMENT WITH ROBERT PARSONS AND CATHERINE PARSONS FOR A FENCE AT 694 GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute a notice of termination to Robert Parsons and Catherine Parsons which states that the City of Elgin terminates its agreement for a fence at 694 Grand Avenue with Robert Parsons and Catherine Parsons entered into on July 31, 1997, pursuant to Paragraph 3 of said agreement . s/ Ed Schock Ed Schock, Mayor Presented: July 23 , 2003 Adopted: July 23 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CLr\ 4?--"L'I'frkr YNs-Vitir \ \-0 ---1-42.,rieno"41/4\;c:Ivk — crervvk 14CuAl°1-f 411Cial ?")C LirNe % 1\4.4.w w‘ D91151 Q0-05 <0 oF Etc; Agenda Item Na. City of Elgin E ' \ O asikougs G 1 July 3, 2003 N ECONOMIC GROWTH TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager Sean R. Stegall, Assistant City Manager SUBJECT: 694 Grand Avenue - Alley Licensing Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the termination of a licensing agreement for 694 Grand Avenue . eft. BACKGROUND In 1997, the City entered into a licensing agreement with property owners at 694 Grand Avenue in order to use City owned property adjacent to their property. This agreement was entered into in order to allow said property owners the opportunity to erect fencing and plant a garden which necessitated the need to license the City' s property. The property owner at 695 Oakland Avenue, which is directly contiguous to the property, has expressed a wish to have the licensing agreement terminated. This is based on the fact that the property being licensed does not allow for him to enter his garage from the alley. The Staff understood that the prior property owner at 695 Oakland did not object to agreement when it was ratified in 1997 . However, the current owner, who is the son of the prior owner, disagrees with the position that it was ever agreed to. In the past, it has been City policy that licensing agreements be subject to the approval of all adjacent property owners. As previously stated, this agreement no longer has the support of all of the said property owners. It should be noted that the residents of 694 Grand Avenue have indicated a desire to continue to license the property. , . (001.. 694 Grand Avenue - Alley Licensing Agreement July 3, 2003 Page 2 Paragraph Three (3) of the current agreement, as attached, allows the City to terminate the agreement for any reason upon sixty (60) days notification. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The adjacent property owners have been notified regarding this matter. FINANCIAL IMPACT There is no immediate financial impact to the City. However, if the licensing agreement is terminated, the property will once again be maintained by the City of Elgin. Vi)19(1// LEGAL IMPACT None. ew ALTERNATIVES 1 . Authorize staff to terminate the licensing agreement . 2 . Choose not to terminate the licensing agreement . RECOMMENDATION It is recommended that the City Council terminate the licensing agreement for the use of the public right-of-way at 694 Grand Avenue. Respectfully submitted for Council consideration. SRS/srs Attachment E Ric. • . - ,7 AGREEMENT THIS AGREEMENT made and entered into this 31 day of July, 1997 by and between the City of Elgin, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as "Licensor" ) and Mr. and Mrs . Robert Parsons of Elgin, IL (hereinafter referred to as "Licensee" ) . WITNESSETH WHEREAS, licensor is the owner of certain public property along 694 Grand Ave. See Attached Exhibit and WHEREAS, Licensee desires to erect fencing on a portion of said property of Licensor for the purpose of enclosing Licensee' s yard. NOW, THEREFORE, the parties agree as follows : 1 . Licensor hereby grants unto Licensee the right to erect fencing upon the premises outlined in Exhibit A, Attached hereto and incorporated herein for all purposes incident to this agreement. 2 . In consideration for this agreement, Licensee agreesto pay to Licensor a fee of Ten 0/0 Dollars ( $10 . 00) due rft and payable when this agreement is executed. -2- rm. 3 . This agreement may be terminated by either party for any reason upon giving sixty ( 60) days written notice . 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 only with 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 fencing shall , among other items , provide for the minimum distances between the fencing 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 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 instruc- -3- tions 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 premises and to restore the site to its original condition. If Licensee -fails to exercise its duties under this paragraph, Licensor shall have the right to remove the fencing and restore the premises 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 for 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 teek indemnifies and holds harmless Licensor, its officers , agents , servants and employees from and against any and all such claims . • -4- 9 . Licensee agrees to and does hereby, indemnify, hold harmless and defend Licensor, its officers, agents, servants and property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the existence, maintenance, use, or location of the fencing whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants , employees, contractors, subcontrac- tors, licensees or invitees of Licensor; and Licensee hereby assumes all liability and responsibility of Licensor, its officers, agents, servants and employees for such suits or claims . Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage to the premises, whether arising out of or in connection with any and all acts or omisions of Licensee, its officers , agents, employees, contrac- tors, licensees, invitees or trespassers, or caused in whole or in part by alleged negligence of officers, agents, servants, employees, contractors , subcontractors , licensees or invitees of Licensor. 10 . Licensee covenants and agrees to furnish Licensor with a certificate of insurance naming the City as ADDITIONALLY INSURED FOR A FENCE ON CITY R-O-W 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 fencing . The amounts of such -5- r 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 Licensor' s option and Licensee will so revise such amounts within thirty ( 30) days following notice to Licensee of such -requirements . 11 . This license is personal to Licensee. It is nonassignable and any attempt to assign this license will be 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 premises, venue for said action shall lie in Kane County, Illinois . 13 . In any action brought by Licensor for the enforce- ment of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorney' s fees . 14 . Licensee agrees to provide for recordation of this agreement at his own expense and to provide proof of such recordations to Licensor. IN WITNESS WHEREOF the parties have caused this agreement to be executed by the City Manager and City Clerk of the City of Elgin and Mr. and Mrs . Robert Parsons . -6- CITY OF ELGIN / I By CIT MANAGER Attest : CITY C RK MR. ROBERT PARSONS r MRS. CATHERINE PARSONS ByCACtrthAitt.1PC01.5(5Y- — _ - . ' ,l_fevOl•-••-•t,..)o-ivA3/.)510.,..7".".4.5,-. —zV6 I 0,,,,..jKtqxrr,tol.....t.s.t.0 F-Ncp',spotlit-...1por.0 - --51-.6-1—7,q F.a..4.,5 -,,, LI •i-ci 1 P.,-, P"...,..-.......-.I....,...1• 1,,e.0 Jr.,Y.).1.344,,,( ..i.w r y,w..rt.A.1.1....4, , ,,,-.0 CD 1....q.'''-'i''......,.4.r,....'"-.•S an”...,,,,.........1.,k AA.....,..-c. -2•-: " :-. 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