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Home My WebLink About03-362 Resolution No. 03-362 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH HOLY TRINITY LUTHERAN CHURCH (357 Division 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 Holy Trinity Lutheran Church for the erection of a canopy for a covered walkway at 357 Division Street, a copy of which is attached hereto and made a part hereof by reference . s/Ed Schock Ed Schock, Mayor Presented: December 17, 2003 Adopted: December 17, 2003 Omnibus Vote : Yeas 6 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk LICENSE AGREEMENT THIS AGREEMENT made and entered into this /fl74day of CEc.e).,40E4200_, 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 HOLY TRINITY LUTHERAN CHURCH, an Illinois Religious Organization (hereinafter referred to as "Licensee"), WITNESSETH WHEREAS, Licensee is the legal owner of certain property commonly known as 357 Division Street, Elgin, Kane County, Illinois 60120 with such property being legally described as follows: All of Lot number six (6) of Burgnes Truesdall's Addition to Elgin, Kane County, Illinois, excepting the Northerly 16 feet in width thereof. WHEREAS, the City is the owner of certain public property to the north of 357 Division Street consisting of a public sidewalk (hereinafter referred to as the "Subject Public Right-of- Way"); and WHEREAS, Licensee desires to erect a canopy on a portion of the Subject Public Right- of-Way for a covered walkway to its door. NOW, THEREFORE, the parties agree as follows: 1. The City hereby grants unto Licensee a nonexclusive temporary license permitting the Licensee to erect a canopy upon a portion of the Subject Public Right-of-Way to the north of 357 Division Street, Elgin, Kane County, Illinois, in the location on the public right- of-way as drawn on the diagram attached hereto as Exhibit A. The canopy shall be constructed so as to meet or exceed industry standards and in accordance with the plans approved by the City of Elgin Heritage Commission on 12 November 2003, a copy of that Committee's approval being attached to and made part of this Agreement as Exhibit B. 2. In consideration for this agreement, Licensee agrees to pay to the City a fee of Ten Dollars ($10.00) the receipt of which is hereby acknowledged. 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 canopy pursuant to the authorization of the City's Public Works Director and at such site and manner as is designated by the Public Works Director. The authorization for the erection of said canopy shall, among other items, provide for the minimum distances between the canopy and any sidewalks, streets and fire hydrants, signal and light poles, signs and any other appurtenances. The location of the canopy 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 canopy 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, the canopy 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 canopy. 6. Notwithstanding any other provision in this agreement to the contrary, Licensee shall immediately remove, at his own expense, said canopy 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 canopy interferes with pedestrian or vehicular traffic, public utilities or constitutes a safety hazard. Any replacement or repair of the canopy, 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 canopy 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 canopy 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 canopy 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 canopy 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 canopy and Licensee hereby indemnifies and holds harmless the City, its officers, agents, servants and employees from and against any and all such claims. 3 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 canopy on the Subject Public Right-of-Way. In 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. The provisions of this paragraph shall survive termination of this Agreement. 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 canopy on the City of Elgin owned Subject Public Right-of-Way at 357 Division 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 canopy. 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, alternatively, if 4 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, arise 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, reports and documents required under this Agreement shall be in writing and shall be mailed by First class mail, postage prepaid, addressed as follows: AS TO CITY: Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 AS TO LICENSEE: Holy Trinity Lutheran Church Attention: President 357 Division Street Elgin, Illinois 60120 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN HOLY TRINITY LUTHERAN CHURCH • ByC, B -C<,.2_a-c / I t. ,�12 Ed Schock, May r Jac lyn R. utina, Pres.dent 5 Attest: Attest: Ptd`""` - City Clerk F:\Legal Dept\Agreement\License Agr-Canopy-Holy Trinity Church.doc Draft 11/12/03 6 (t ic 4o'/9 • i'J`+=�11\ 1 1 Lc 3c1 1 -� , --1 A trY! ,f.. �P{ ikKo- 'III c) I f c Tk. + I V j I' r f Lc iikii In"' 'ti;;sn+n' ' f l-Rit (1 N�f 9Ks MI 1Ud i1 T ` + lf %L� Q� 010u AcrrllI? Q .__ 144 ., .fG;;, + T #:01- 04;, 7 ----.-- i �� ,r----- _�' S 7.3 0 f� m 0 K"e2loCad I '` C ry • 1 CAI I `� aql� o �x� . _.J Qi f � --A 13 1i • ft,dONvp l \ iqC1 [ m. L _ \, ( m �� 6 xoz�aat� 0 ._` ._ -- I m Ni I\ 1r (ID) 13??J1� fi4V iS1niCt 3�Q� f _ w'" x�Y F �4 --- — .. I . o 1" f i Ntir qn r.; -moi 0.fih, t, d d I i . �Wi q 1^'U w: ,h4.1ir., CII Lc r )I'I1IF''Ia(c ei OMAN )1c 1I iQ .: I i 0 O -4` �tD ' ?ki i ,! .135' Its c) S k !i 1 ) tet s 1 r = O Z fird • m z 0 I\ coA A C -J A N t W s r F-. L.- a- di 1 ,\ ,I I 2 IV OVR (Ilk Ilk 1 NA/CO 1,S A (AI 'MID - ARWTHI1J' i Ill W N CO 2 Certificate of Appropriateness Elgin Heritage Commission 357 Division Street Holy Trinity Lutheran Church 1. Install a projecting canopy on the side entrance of the church Approved with the following conditions: • Canopies are appropriate for traditional locations such as over windows and doors or attached to porches. • Canopies should be of canvas, or similar woven material. • Canopies should not cover or conceal significant architectural details such as window hood molding. • Canopies should be of colors to compliment the dwelling. • Canopies should be attached with care to prevent unnecessary damage of original details and materials. Note: All work carried out to the exterior of the structures on the property must conform to the Elgin Design Guideline ManuaL Date: November 12, 2003 Building Official: RuthAnne K. Hall Certificate No.: 4159 17, OFft ¢G� c § City of Elgin Agenda Item No. '' 0., E L 10 November 28, 2003 741 TO: Mayor and Members of the City Council QUALITY HQUSING FROM: David M. Dorgan, City Manager RuthAnne Hall, Planning Preservation Coordinator SUBJECT: License Agreement to Install a Canopy in a Public Right-of-Way at 357 Division 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 canopy in a public right-of-way at 357 Division Street . BACKGROUND The property owners of 357 Division Street, Holy Trinity Lutheran Church, have requested permission to install a projecting canopy at the side entrance of the church in the public right-of way. The subject public right-of-way consists of a public sidewalk on the north lot line of the property The canopy will be of a woven acrylic fabric in a mahogany color to blend in with the color of the bricks . The canopy will project out 10 feet over the sidewalk to provide shelter for elderly or handicapped parishioners being dropped off. It should be noted that this side entrance provides direct access to the elevator for the structure. In addition, the building also serves as a PADS site and the canopy would provide shelter for the participants of that program who are entering the building. The request was submitted to the Elgin Heritage Commission' s Design Review Subcommittee at their last meeting on November 10, 2003 . At that meeting the members of the Subcommittee discussed the application with a representative from Holy Trinity Lutheran . Church and voted to approve the installation of the structure contingent on final approval of the attached license agreement . low. License Agreement to install a canopy in a public right-of-way at 357 Division Street November 28, 2003 Page 2 Attached are a copy of the license agreement, a plan of the proposed canopy, the approved Certificate of Appropriateness, and photographs of the site. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission' s Design Review Subcommittee FINANCIAL IMPACT The City will receive consideration of $10 . 00 . In addition, the construction and maintenance of the canopy will be the responsibility of the Licensee. /� LEGAL IMPACT 1r`�"I V None. ALTERNATIVES 1. Approve the license agreement . 2 . Deny the license agreement. RECOMMENDATION It is recommended that the City Council approve a license agreement which allows for the installation of a projecting canopy in a portion of a public right-of-way along the north lot line of 357 Division Street . Respectfully submitted for Council consideration. RH Attachments .I OF EC i 1T" ""b City of Elgin Mayor •1\ - Ed Schock ?areoFE6^ Council Members Juan Figueroa Robert Gilliam Brenda Rodgers Thomas K. Sandor 13 November 2003 John Walters Marie Yearman City Manager David M. Dorgan Mr. Bruce D. Strom, Esq. Administer Justice 201 Penny Avenue, Suite 420 East Dundee, IL 60118 Re: License Agreement for Canopy in Public Right-of-Way at 357 Division Street Dear Mr. Strom: Enclosed are two duplicate original license agreements for the canopy Holy Trinity Lutheran Church is seeking to erect in the public right-of-way at 357 Division Street. Please execute and return both copies to me at your earliest convenience. Upon receiving the executed agreements, the matter will be presented to the city council for (Ilk consideration. If the executed agreements are returned to the city not later than 21 November 2003, the matter can be scheduled for consideration by the city council at its 17 December 2003 meeting. Should the city council choose to enter into the license agreement, the agree- ment will be formally approved at the next regularly scheduled city council meeting on 14 January 2004. An executed copy of the agreement would be returned to you at that time. Should you have questions or need additional information, please contact me. Sincerely, r / / 6lolie_____(.7 Richard G. Kozal Assistant Corporation Counsel Enclosure / c. RuthAnne Hall1, Writer's Direct Phone 847/931-6633•Writer's Direct Fax 847/931-5665•E-mail kozal_r@cityofelgin.org 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 •TDD 847/931-5616 www.cityofelgin.org ® Printed on recycled paper