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HomeMy WebLinkAbout15-0515 ROW Clausen i6-OS IS VZb G1 w-, LICENSE AGREEMENT THIS- AGREEMENT made and entered into this 15th day of May , 2015., 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 GARY CLAUSEN and (spouse) XXXXXXX CLAUSEN (hereinafter referred to as "Licensee") , WITNESSETH WHEREAS,, Licensee is the legal owner of certain residential real property commonly known as 908 Getty Street, Elgin, Kane County, Illinois 60120 with such property being legally described as follows : Lot 18 and -19 in block 7 in Elgin Heights addition in the southcies.t 1/4 of Section 19., Township 41 north, Range 9, east of. the Thirdprincipa-1 Meridian, in Cook County,. Illinois. WHEREAS-, the City is the owner of certain public property to the east of 908 Getty Street consisting of a public .right-of-.way commonly known as Kirk and Getty Streets (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 and maintain a pond. upon a portion of the Subject Public Right-Of-Way to the east of 908 Getty Street, .Elgin", Kane - County;, Illinois, in the location on the ,public right-of-way as drawn. on the, pIat of, survey prepared by Land, Diyisions Inc. dated February 26; 2002, attached hereto as Exhibit' A. The fence shall consist of as (forty-eight inch (48") high balustrade style wood fence - need to verbally .describe proposed. replacement 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 noti.ce... 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. . • Lidensee agrees to erect the fence only pursuant to the specific written authorization of. the. City!s Public Works Director and at sudh• Site and manner as is designated by the Public Works. Director The written authOrization for the erection of said tente shall, among other items, provide for the tinitum. distances. between the fence and any sidewalks, streets , and. fire hydrants signal and light poles; signs and any other apputtenatic-es:. 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. Egress 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 iudge-of the quality of the construction and • maintenande, arid upon written ,not-ice by the City, through its Pubil Woks Director, stating in. genetal 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 1e city shall have the right to perform. this maintenance, the cost of which shall be borne by Licensee.. Such fence shall be removed froth the Subject Public -Right-of-Way .immediately upon 3 . . . • • • receipt of instruction d from the Public works Director fOrthe 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 • • fence_ 6. Notwithstanding any other provision in this agreement to the contrary, Licensee, shall immediately reMove4 at hid Own expense, said fence in the event the City determines such removal is necessary Or convenient for the- installation, . repair Or replacement of any utilitied Or any- other :public improvements on the Subject tublic 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 fa4a to- exercise its duties under' this paragraph, the City Shall have the tight to remove the fence and restore the SUblect-Public R.ight'-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 agreed to inirridiatly remove the fence from the Subject Public Ri.ghtof',.Way and to restore the site to its original condition. 4 • 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 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 ail claims, suits, judgment's, 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, employees, agents, boards or commissions, covered by the foregoing. duty to 5 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 908 Getty 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, 00,0 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 (300 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 6 . . • ' 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. }trought by the City for the • enforcement of the obligations of Licensee and the City is the • prevailing party in such action, the City shall alsb 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 ELG±N . 7' Gary C aumeh . . ' ZAtt st: bidt( 1>AA,6-L • ' City Clerk Clausen . 7 . , . . • Exhibit A Plat of Survey, F:\Publio_Works\Engineering\Site Plans\Getty 908 - Clausen\License Agr-Fence-Clausen-803 Getty S.t..doc • • i II 1