HomeMy WebLinkAbout92-0527 Fence Acevedo qa-o520
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH BENNY ACEVEDO
FOR THE ERECTION OF A FENCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with Benny
Acevedo for the erection of a fence at 418 St. Charles Street,
a copy of which is attached hereto and made a part hereof by
reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: May 27, 1992
Adopted: May 27, 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT made and entered into this �n'Z�ay of
-L7c , 1992 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
Mr. Benny Acevedo of Elgin, IL (hereinafter referred to as
"Licensee" ) .
WITNESSETH
WHEREAS, licensor is the owner of certain public
property along 418 St. Charles Street and legally described
as follows :
That part of the Northeast Quarter of Section 24,
Township 41 North, Range 8 East of the Third Principal
Meridian described as follows : that part of Lot 1 of
of Block 4 of Sherman's Addition to the City of Elgin
described more fully as follows; the Northerly 64 feet
as measured along the Easterly line of said Lot 1 of the
Easterly 84 . 75 feet as measured along the Northerly line
of said Lot 1 .
and
WHEREAS, Licensee desires to erect fencing on a
portion of said property of Licensor for the purpose of
enclosing Licensee 's yard.
NOW, THEREFORE, the parties agree as follows :
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1 . Licensor hereby grants unto Licensee the right to
erect fencing 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
agreesto pay to Licensor a fee of Ten 0/0 Dollars ( $10 . 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 erect the fencing only with 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
erection of said fencing shall, among other items, provide for
the minimum distances between the fencing and any sidewalks,
streets and fire hydrants and for restrictions on the placement
of any and all shrubs or bushes along said fencing.
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5 . Licensee agrees that the fencing 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. Licensor shall be the
sole judge of the quality of the construction and maintenance,
and upon written notice by Licensor, 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
Licensor shall have the right to perform this maintenance, the
cost of which shall be borne by Licensee. Such fencing shall be
removed from the premises immediately upon receipt of instruc-
tions 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 fencing.
6 . Licensee shall immediately remove, at his own
expense, said fencing 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 fencing,
under any circumstances, shall be at the sole expense of the
Licensee.
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7 . Upon termination of this agreement, Licensee agrees
to immediately remove the fencing 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 fencing and restore the premises at no cost
or liability to the City. Licensee covenants and agrees to
reimburse Licensor for such removal and/or restoration.
8 . Licensor shall in no way be responsible for loss of
or damage to the fencing 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
erection or maintenance of the fencing and Licensee hereby
indemnifies and holds harmless Licensor, its officers, agents,
servants and employees from and against any and all such claims .
9 . Licensee agrees to and does hereby, indemnify, hold
harmless and defend Licensor, its officers, agents, servants and
property loss or damage and/or personal injury, including death,
to any and all persons, of whatsoever kind or character, whether
real or asserted, arising out of or in connection with the
existence, maintenance, use, or location of the fencing whether
or not caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors, subcontrac-
tors, licensees or invitees of Licensor; and Licensee hereby
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assumes all liability and responsibility of Licensor, its
officers, agents, servants and employees for such suits or
claims . Licensee shall likewise indemnify and hold harmless
Licensor for any and all injury or damage to the premises,
whether arising out of or in connection with any and all acts or
omisions of Licensee, its officers, agents, employees, contrac-
tors, licensees, invitees or trespassers, or caused in whole or
in part by alleged negligence of officers, agents, servants,
employees, contractors, subcontractors, licensees or invitees
of Licensor.
10 . Licensee convenants and agrees to furnish Licensor
with a certificate of insurance naming the City as additionally
insured as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to
the use, maintenance, existence or location of the fencing.
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 Licensor' s option and Licensee will so revise
such amounts within thirty (30) days following notice to Licensee
of such requirements .
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11 . This license is personal to Licensee. It is
nonassignable and any attempt to assign this license will be
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 premises,
venue for said action shall lie in Kane County, Illinois .
13 . In any action brought by Licensor for the enforce-
ment of the obligations of Licensee, Licensor shall be entitled
to recover interest and reasonable attorney' s fees .
14 . Licensee agrees to provide for recordation of
this agreement at his own expense and to provide proof of such
recordations 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 Mr. Benny Acevedo.
CITY OF ELGIN
BY474�,11:1
MAYOR
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Attest:
CITY E
MR. BENNY ACEVEDO
BY
OWNER
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4;t0.__0. Agenda Item No.
ii,_(k:107,\-
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May 7, 1992
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Placement of Private Fence on Public Property
PURPOSE: This memorandum will provide the Mayor and the
Council with information to consider the execution of agreements
permitting the placement of fences on public right-of-way four
locations in Elgin.
BACKGROUND: Once in awhile we receive a request to construct a
fence to enclose a piece of property by including a portion of
street right-of-way because the sidewalk is adjacent to the curb
eft. and a fence in the middle of a lawn along the property line
would look very odd and out of place. That is the situation
with these requests .
The attached sketches show the location of the existing
sidewalk, property lines and house, plus the proposed fence
location. We do not have any utilities located in the areas to
be fenced. The requests received are from the following:
Benny Acevedo, 418 St. Charles
Juan Feliciano, 426 Hastings
Mary McGough, 53 Monroe
Jesse Rayner, 444 Raymond
The Elgin Municipal Code, Article 13.04 . 130 Encroachments,
grants the City Council authority to permit such fence
encroachments in the City right-of-way where such a fence is not
a hazard. You will note in the sample agreement, which is
attached for your consideration there is a termination
provision. This agreement will be used for each property owner
with the first page properly identifying the respective property
location.
FINANCIAL IMPACT: None to the City.
rk
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Mayor and Members of
the City Council
May 7 , 1992
Page 2
RECOMMENDATION: It is recommended that the City Council
approve the requests and direct the staff to prepare the
necessary resolution authorizing the Mayor and City Clerk to
execute the agreements . It is also recommended that the City
Council consider passage of a resolution authorizing execution
of future agreements by the Mayor and City Clerk upon receipt of
a favorable recommendation from the City Engineer.
Larry Ri e, C t Manager
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Attachments
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