HomeMy WebLinkAbout87-0115 Kane Forest Preserve rc va. S21 k.
TELEPHONE 312/695-6500
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150 DEXTER COURT ELGIN, ILLINOIS 60120-5555
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January 23 , 1987
Mr. Phillip Elfstrom
Kane County Forest Preserve Commission
719 Batavia Avenue
Geneva, Ill. 60134
Dear Phil :
I enclose one fully executed copy of the License Agreement
for the Bicycle/Pedestrian Path for your files . Thank you
for your cooperation in this matter.
Sincerely,
Marie Yearman
City Clerk
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Kane County Forest Preserve Commission
Geneva. Illinois 60134
January 15, 1987
TO: Pat Andrews
FROM: Phil Elfstrom
We are herewith returning to you two (2) copies signed on the license
agreement for the West River Road right-of-way as requested.
It is our understanding that you will return one copy after the city
has signed.
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LICENSE AGREEMENT
BICYCLE/PEDESTRIAN PATH
WHEREAS, the KANE COUNTY FOREST PRESERVE COMMISSION (hereafter
COMMISSION) is considering the development of a Pedestrian and Bicycle Trail
connection between the Tyler Creek Forest Preserve and Voyager's Landing
located on the west side of the Fox River immediately north of the Northwest
Tollway, and;
WHEREAS, the COMMISSION has petitioned the City Council, (hereafter
ELGIN) , to permit the COMMISSION to locate a portion of said connection on
certain property owned by ELGIN and ELGIN has agreed to grant such permis-
sion to extend it may lawfully do so.
NOW THEREFORE, in consideration of the mutual promises, covenents
and conditions contained herein, the parties agree as follows:
1) To the extent of its rights and authority, if any,
ELGIN hereby consents and give to the COMMISSION
permission and license (hereafter "License") to
install and maintain a Pedestrian and/or Bicycle
Path, (hereafter "Path") , within that portion of
the public right-of-way located south and east of
the paved portion of West River Road (hereafter
"Property") , as shown in hatchmark on Exhibit A
/ which Exhibit A is attached hereto and made a part
hereof by reference.
2) The license granted herein is subject of the rights
of any other person or entity to use said property
pursuant to easement, license, or deed restriction
including, but not limited to, public utilities, if
any. ELGIN makes no warranty regarding the license
granted herein nor the property. It is the intent
of the parties that ELGIN hereby grants to COMMIS-
SION a license only to the extent of ELGIN'S
authority regarding the property. The parties
acknowledge that others may also claim an interest
in the property and the COMMISSION is solely re-
sponsible for obtaining all necessary easements,
licenses and permits to construct the PATH.
3) COMMISSION shall indemnify and hold harmless the
CITY OF ELGIN, its officer's agents and employees
from and against any claim, suit, action or lia-
bility whatsoever arising out of the design, in-
stallation, construction or maintenance of the
PATH or the existence of this license.
4) COMMISSION shall cause the PATH to be designed,
constructed in a safe and workmanlike manner.
COMMISSION shall be solely responsible for the
design, installation, construction and maintenance
of the PATH. COMMISSION shall maintain the PATH
in good repair and in a clean and sightly condition.
WHEREFORE the parties have caused their signatures and seals to
be affixed hereto this day of `ik,13610z-Ci , 198 7
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CITY OF ELGIN KANE COUNTY FOREST PRESERVE COMMISSION
by ( by
Attest Vaa.,11A7L Attest ,/
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