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HomeMy WebLinkAbout87-1209 Armory . e - 81. 1 acfi AGREEMENT Yq THIS AGREEMENT is made and entered into this /�j — day of DE-CeM6i i , 1987 , by and between the City of Elgin , a municipal corporation , organized and existing under the laws of the State of Illinois (hereinafter referred to as " Licensor " ) and the State of Illinois (hereinafter referred to as " Licensee " ) . WITNESSETH WHEREAS , Licensor is the owner of certain pub I i c property along Michigan Street adjacent to 254 Raymond Street in Elgin , Illinois , and legally described as follows : Commencing at the Northeasterly corner of Lot 1 in Block 1 of Railroad Addition to Elgin for the point of beginning ; thence Southwesterly along the Northwesterly line of said Lot 1 and Lot 9 in block 2 of Railroad Addition to Elgin , a distance of approximately 231 . 00 feet ; thence Northwesterly perpendicular to the last described course , 4 . 00 feet 10 inches ; thence Northeasterly parallel with the Northwesterly line of said Lot 1 and Lot 9 in Block 2 of Railroad Addition to Elgin , a distance of approximately 231 . 00 feet ; thence Southeasterly perpendicular to the last described course , 4 . 00 feet inches to the point of beginning . / and WHEREAS , Licensee desires to place bushes and landscaping on a portion of said property of Licensor for the purpose of landscaping around a new fence on Licensee ' s property . - 1 - . ✓ NOW, THEREFORE , the parties agree as follows : 1 . Licensor hereby grants unto Licensee the right to place bushes and landscaping upon the premises outlined in Exhibit A , attached hereto and incorporated herein for all purposes incident to this agreement . 2 . In consideration for this agreement , Licensee agrees to pay to Licensor a fee of One Dollar ($ 1 . 00) due and payable when this agreement is executed . 3 . This agreement may be terminated by either party for any reason upon giving sixty (60) days written notice . In addition , this agreement may be terminated by Licensor upon five (5) days written notice to Licensee of a breach of any term or condition of this agreement . 4 . Licensee agrees to place the bushes-and landscaping only with the specific written authorization of the City ' s Planning Director and at such site and manner as is designated by the Planning Director . The written authorization for the placement of said bushes and landscaping may , among other items , provide for the minimum distances between the bushes and landscaping and any sidewalks , streets and fire hydrants . 5 . Licensee agrees that the bushes and landscaping shall be placed and maintained at all times in a safe , neat , sightly and good physical condition . 6 . Licensee shall immediately remove , at his own expense , said bushes and landscaping in the event Licensor determines such removal necessary or convenient for the installation , repair or replacement of any utilities or any other public improvements on the subject premises . Any replacement or repair of the bushes and landscaping , under any circumstances , shall be at the option of and at the sole expense of the Licensee . 7 . Upon termination of this agreement , Licensee agrees to immediately remove the bushes and landscaping from the premises and to restore the site to its original condition . If Licensee fails to exercise its duties under this paragraph , Licensor shall have the right to remove the bushes and landscaping and restore the premises . 8 . Licensee shall exercise its privileges hereunder at its own risk and Licensee shall accept all liability fordamage , Y s p costs , losses , and expenses resulting from, arising out of , or in any way connected with the occupation or use of the premises by Licensee or the Licensee ' s invitee ' s or guests . Licensor shall in no way be responsible for loss of or damage to the bushes and landscaping or for 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 installation or maintenance of the bushes and landscaping . -3- 9 . This license is personal to Licensee . It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder . 10 . 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 premises , venue for said action shall lie in Kane County, Illinois , unless such action , by statute , must be filed in the Court of Claims. 11 . Licensee agrees to provide for recordation of this agreement at his own expense and to provide proof of such recordation to Licensor . IN WITNESS WHEREOF , the parties have caused this agreement to be executed by the Mayor and City Clerk of the City of Elgin and the State of Illinois . CITY OF /r By I George ie DeVoorde , Mayor Attest : Marie Yearman City Clerk STATE OF ILLINO �. /By �� A Ae �-A ° `fi_ HAROLD G . HOLESINGER Major General The Adjutant General -4- September 2 , 1987 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: License Agreement PURPOSE: The purpose of this memorandum is to request City Council consideration of issuing a license to the Military Department of Illinois for the use of certain public property. BACKGROUND: The Military Department is interested in making improvements to the exterior of the Armory on Gifford and Raymond Streets, including the removal of the graffiti which covers the building. Before making these improvements, however, the Department would like to erect an eight foot security fence around the property. Because of the fence height , a variation will be necessary and a hearing has been tentatively scheduled for September 21st . As part of the fence project , the Department is requesting to use the 4 ' 10" right-of-way between the sidewalk and their property line on the north side of the Armory. The right-of-way would be used to accommodate the landscaping which is required for a fence of this height . FINANCIAL IMPACT: Not applicable. RECOMMENDATION: The staff has reviewed the request and recommends its approval. Upon City Council concurrence, staff should be directed to prepare a license agreement authorizing the use of the right-of-way. If the variance is granted by the hearing examiner, the City Council could formally consider the matter at the September 23rd meeting. 1781-7 ames J. ok, City Manager JJC:amp •V MICHIGAN STREET u5NE5. 0 BE 3E T41, K.T.K.T. HIkI/D'O" ��NEI 7',O !VW 14 Z'-o" of 91.15HE5-TO BE SELECTED B'( ,. r�! 2'MM 3'-0' MAX. riEl&HT ..731I • . d- Vi v°p 20:8' SL[•&.GT P `T' PROP'ERTY'LINE'-" "• 5'-0" • d' O• _J '�'� W _ LI 2 o'-v I. I11 z. CC 1 Z r I O Q 00000 — +eAce- o __ -_ o o 0 o \ 0G,. // O I a EXISTING BUILDING 1 1 4 1 4 2'PoFN zU'4 n low fry 1 w • [D' J'• s S'O SvI J& GATE . -i\ C'IO2 TO 5-Dv AND a i y -I-1,-no r ,pi c c. ,nT l N A'