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HomeMy WebLinkAbout80-0519 Chicago Can Co. OCCUPANCY AND USE AGREEMENT Executed this /9 day of May, 1980 BY AND BETWEEN: CHICAGO CAN COMPANY, having offices at 5340 West Pershing Road, Chicago, Illinois 60650 ( "Company" ) -and- The City of Elgin, Illinois, having offices at 150 Dexter Court, Elgin, Illinois WITNESSET H: WHEREAS, the Company is in the business of collecting and processing aluminum beverage cans for recycling purposes; WHEREAS, the Company desires to locate a collection facility at the location designated on Exhibit A, attached hereto and incorporated as a part hereof (the "Property" ) , in the City of Elgin; WHEREAS, the Company desires to operate such facility for approximately a six month period prior to determining whether to make certain permanent improvements to the Property and to continue utilizing the Property for can collection purposes; WHEREAS, the City of Elgin has agreed to permit the Company to utilize the property for an approximate six month period for can collection purposes upon certain terms and conditions. • NOW, THEREFORE , the parties hereto covenant and agree as follows: 1. The City of Elgin agrees to permit the Company to operate an aluminum can collection facility on the Property on the terms and conditions set forth herein for a period commencing on the date hereof and ending on December 15, 1980 ( "Termination Date" ) . Such use may be continued beyond the Termination Date, as provided in Paragraph 7 hereof. 2. The collection facility shall consist of ( i) one primary truck trailer which will be parked on the Property into which the collected cans will be placed and a second truck trailer which will be on the property for short periods, from time to time, as necessary to remove a full trailer and ( ii) one office trailer with water and toilet facilities. The truck trailers will periodically be removed from the Property for purposes of emptying their contents of cans. 3. The Company agrees to apply for all necessary sign permits. 4. The Company agrees to provide an off-street parking space for each full time employee employed on the Property, plus two additional customer spaces. 5. Prior to utilizing the facility as provided herein, the Company will deliver to the City of Elgin a site plan, detailing the location of the truck trailer(s) , office trailer and off-street parking spaces on the Property. 6. In the event the Company decides not to utilize the Property for a can collecting facility beyond the Termination Date, it shall remove all trailers and any other items relating to the can collecting facility from the Property, restoring the Property to its present condition within thirty ( 30) days from the Termination Date. • 7. In the event the Company decides to continue to utilize the Property as a can collection facility beyond the Termination Date, it shall so notify the City of Elgin by the Termination Date and begin arrangements to construct a permanent office facility on the Property. In connection with the construction of such facility, on or before the Termination Date the Company shall post a bond with the City of Elgin in an amount equal to 125% of the estimated construc- tion cost of the improvements and submit to the City of Elgin preliminary site and building plans of such permanent improvements. 8. The Company agrees to pay upon demand any and all reasonable legal fees incurred by the City of Elgin in enforcing any of the agreements or obligations of the Company under this Agreement. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and year first above written. City of Elgin Company Chicago Can Company By �1 By President OCCUPANCY AND USE AGREEMENT By and Between Chicago Can Company and City of Elgin EXHIBIT A Location of Property Corner of Villa and Bent; parcel #4, Elgin, Illinois - approximately 8,612 sq. ft.