HomeMy WebLinkAbout92-0527 Fence McGough oca-OSai
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARY MCGOUGH
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 Mary
McGough for the erection of a fence at 53 Monroe Street, a
copy of which is attached hereto and made a part hereof by
reference.
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: May 27, 1992
Adopted: May 27, 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT made and entered into this -- ay of
- -`=�={--, 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
Ms . Mary McGough of Elgin, IL (hereinafter referred to as
"Licensee" ) .
WITNESSETH
WHEREAS, licensor is the owner of certain public
property along 53 Monroe Street and legally described as
follows :
Lot 1 in Block V or Crighton Park Addition to
Elgin, in the City of Elgin, Kane County,
Illinois .
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 ME. - - -- - ,
CITY OF ELGIN
ByAte-7
MAYOR
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Attest:
(41241/ ?ctiw�
CI CLERK
MS. MARY MCGOUGH
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Streets and Sidewalks
13.04.110 DISTURBING BARRICADES.
It is unlawful to remove, disturb or interfere with barricades or lights
lawfully placed to protect and mark any new pavement, excavation, or
opening in any public street, alley or sidewalk within the public right-of-way.
(Ord. G41-78 § 1 (part), 1978.)
13.04.120 COMMERCIAL USE OF PUBLIC WAY PROHIBITED.
It is unlawful for any person, firm or corporation to use any street,
sidewalk or other public place as space for the display of goods or
merchandise, or to write or mark any sign or advertisement on any such
pavement. Exceptions to this section may be granted by written approval of
the director of public works or city council for a maximum period of three
days and shall not issue if the use interferes with pedestrian or vehicular
traffic, public utilities, or results in a safety hazard. (Ord. G49-92 § 1, 1992;
Ord. G41-78 § 1 (part), 1978.)
13.04.130 ENCROACHMENTS.
It is unlawful to erect or maintain any private building or structure which
encroaches upon any public right-of-way or property. Exceptions to this
section may be made only upon the written approval of the city manager with
the recommendation of the city engineer; or by the city council, and shall not
issue if the structure or building interferes with pedestrian or vehicular
traffic, public utilities, or results in a safety hazard. (Ord. G49-92 § 2, 1992;
Ord. G41-78 § 1 (part), 1978.)
13.04.140 DRAINS- OBSTRUCTION PROHIBITED.
It is unlawful to obstruct any storm water drain within the public
right-of-way. (Ord. G41-78 § 1 (part), 1978.)
13.04.150 POLES AND WIRES—LIMITED PLACEMENT.
It is unlawful to erect or maintain any poles or wires over any public
place, street, alley or other public way. Exceptions to this section may be
made only upon the written approval of the director of public works; or city
council. Such permission shall not issue if the poles or wires interfere with
pedestrian or vehicular traffic, public utilities, or results in a safety hazard.
(Ord. G49-92 § 3, 1992; Ord. G41-78 § 1 (part), 1978.)
13.04.160 OPENINGS IN PUBLIC WAY—PERMIT.
All presently maintained openings shall be guarded by a suitable cover or
railing as approved by the director of public works. It is unlawful to construct
any opening or stairway in any public street, sidewalk or alley. Exceptions
to this section may be made only upon the written approval of the director of
public works. Such permit shall not issue if the opening or stairway
interferes with pedestrian or vehicular traffic, public utilities, or results in a
13.04-4 (Elgin 3/31193)
General Regulations
safety hazard. (Ord. G49-92 § 4, 1992; Ord. G41-78 § 1 (part), 1978.)
13.04.170 DEPOSITS ON STREETS.
A. It is unlawful for any person to deposit on any street, sidewalk, or alley,
any dirt, mud, clay, cement, concrete, gravel, stones, plant matter, snow,
refuse or garbage.
B. In the event the person depositing such material fails to immediately
remove the material, the director of public works may cause the material
to be removed. The cost of such removal and all expenses incurred in
connection therewith shall be assessed against and paid by the person
depositing the material.
C. Assessment of costs against any person violating this chapter shall not
be construed as a waiver of the right of the city to impose a fine pursuant
to the terms of Chapter 1.20 of this code.
(Ord. G49-92 § 5, 1992; Ord. G41-78 § 1 (part), 1978.)
13.04.180 DEPOSITS ON SIDEWALKS.
A. It is unlawful to deposit on any public sidewalk or treebank materials
which may be harmful to the pavement thereof, or materials, or articles
which might cause injury to persons, animals, property or obstruct the
way of pedestrians.
B. Merchandise or other articles may be deposited on sidewalks preparatory
to delivery; provided, that the usable width of the sidewalk is not thereby
reduced to less than four feet; and provided, that no such article shall
remain on such walk for more than one-half hour.
(Ord. G41-78 § 1 (part), 1978.)
13.04.200 BURNING LEAVES AND RUBBISH.
It is unlawful for any person, firm or corporation to burn any leaves,
paper, rubbish or other substances upon any of the public streets, sidewalks
or alleys in the city. (Ord. G41-78 § 1 (part), 1978.)
13.04.210 CERTIFICATES OF INSURANCE.
Each applicant for an exception pursuant to sections 13.04.120,
13.04.130, 13.04.150 and 13.04.160 shall obtain and provide to the city, a
certificate of insurance, naming the city as additionally insured on a public
liability insurance policy which shall insure against all public risks related to
the use, maintenance, existence or location of the encroachment and shall
consist of Comprehensive General Liability for Bodily Injury, Personal Injury
and Property Damage for $100,000 per occurrence; $500,000 annual
aggregate. (Ord. G49-92 § 7, 1992.)
(Elgin 3/31/93) 13.04-5