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HomeMy WebLinkAbout05-0921 Hydraulic Loading Platform oS-o9 \ LICENSE AGREEMENT THIS AGREEMENT made and entered into this Al day of lait..1.&e..z 200 by and between the City of Elgin, an Illinois municipal corporation, organi d and existing under the laws of the State of Illinois (hereinafter referred to as the "City") and Markur Development, L.L.C., an Illinois Limited Liability Company, (hereinafter referred to as "Licensee"). WITNESSETH WHEREAS, Licensee is the legal owner of certain commercial real property commonly known as 168 Highland Avenue, Elgin, Kane County, Illinois 60120; and WHEREAS, the City is the owner of certain public property to the north of 168 Highland Avenue, consisting of a public right-of-way commonly known as Division Street(hereinafter referred to as the "Subject Public Right-of-Way"); and WHEREAS, Licensee desires to install a Hydraulic Loading Platform in the 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 Hydraulic Loading Platform in the sidewalk upon a portion of the Subject Public Right-of-Way to the south of Division 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 John D. Rebik & Associates dated December 5, 1996, 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 Hydraulic Loading Platform 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 Hydraulic Loading Platform shall, among other items, provide for the minimum distances between the Hydraulic Loading Platform and any sidewalks, streets and fire hydrants, signal and light poles, signs and any other appurtenances. The location of the Hydraulic Loading Platform 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. The written authorization shall also, among other items, provide for signage as directed by the Public Works Director. 5. Licensee agrees that the Hydraulic Loading Platform 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 Hydraulic Loading Platform 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 Hydraulic Loading Platform. 6.Notwithstanding any other provision in this agreement to the contrary, Licensee shall immediately remove, at his own expense, said Hydraulic Loading Platform 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 Hydraulic Loading Platform interferes with pedestrian or vehicular traffic, public utilities or constitutes a safety hazard. Any replacement or repair of the Hydraulic Loading Platform, 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 Hydraulic Loading Platform 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 Hydraulic Loading Platform 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 Hydraulic Loading Platform 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 Hydraulic Loading Platform or any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be stolen, destroyed or in any way damage during the erection or maintenance of the Hydraulic Loading Platform 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 an 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 Hydraulic Loading Platform 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 any termination and/or expiration 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 Hydraulic Loading Platform on the City of Elgin owned Subject Public Right-of-Way adjacent to 168 Highland Avenue, 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 Hydraulic Loading Platform. 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. Notwithstanding the foregoing, or anything to the contrary in this agreement, no action shall be commenced by the Licensee or any other person or entity against the city for monetary damages. 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 MARKUR DEVELOPMENT, L.L.C. ,inft„L„. By WOW By Member Attest: Attest: Q14.2 -c(2 City Clerk