HomeMy WebLinkAbout93-241 Resolution No. 93-241
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH PINE MEADOWS
TOWNHOME ASSOCIATION FOR THE ERECTION OF A FENCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with Pine
Meadows Townhome Association for the erection of a fence on
the public right-of-way along the west side of McLean
Boulevard, a copy of which is attached hereto and made a part
hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 25, 1993
Adopted: August 25, 1993
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT made and entered into this 1- day of
1993 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
Pine Meadows Townhome Association of Elgin, IL (hereinafter
referred to as "Licensee" ) .
WITNESSETH
WHEREAS, licensor is the owner of certain public
property along Ascot Drive and Arbor Lane and legally described
as follows :
Beginning at the North line of Pine Meadows Subdivision
as platted and extending south along the west right-of-
way line of S. McLean Blvd. for a distance of 501. 32 ft.
and not to exceed 1 .5 feet east into right-of-way.
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 :
-2-
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
agrees to 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.
-3-
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.
-4-
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
-5-
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 covenants and agrees to furnish Licensor
with a Certificate of Insurance naming the City as additionally
insured annually 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 .
-6-
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 City Manager and City Clerk of
the City of Elgin and Pine Meadows Townhome Association.
-7-
CITY OF ELGIN
By
AGER
Attest:
i)elL4 k_Lca7,_
CITY CLERK
PINE MEADOWS TOWNHOME ASSOCIATION
C11/1 ' ,414, , I
By
President
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Agenda Item No.
ic;_ e
August 24, 1993
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Authorization to Erect Private Fence
on Public Right-Of-Way
PURPOSE: To provide information to consider the
authorization to execute agreements permitting the placement of
fences on public right-of-way on McLean Blvd.
BACKGROUND: The Elgin Municipal Code, Article 13 .04 . 130,
Encroachments, grants the City Council authority to permit such
fence encroachments within the City right-of-way where such a
fence presents no hazard.
Rage Management, Inc. by copy of a letter dated July 21, 1993
has requested authorization to install fences on City rights-of-
way:
1. Pine Meadow Townhomes along the west side of McLean Blvd.
A copy of a standard Agreement is attached for information.
There appears to be room for the installation of the fences on
private property at the general locations identified by Rage
Management.
City Council discussed the installation of a fence at the Pine
Meadows Townhome location at their meeting on August 11, 1993
and directed Staff to prepare an Agreement as appropriate.
FINANCIAL IMPACT: None.
RECOMMENDATION: Authorize the City Manager to execute a
license Agreement with Pine Meadows Townhome Association for the
installation of a fence within the McLean Blvd. right-of-
way.
(Pk mufti,
Age
La • L. Rite, City Manager
do
Attachments
11 •
�n
Agenda Item No.
July 27, 1993
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Authorization to Erect Private Fences on
Public Right-of-way at Two Locations
PURPOSE
To provide information to consider the authorization to
execute agreements permitting the placement of fences on
public right-of-way on Jefferson Avenue and McLean Boulevard.
BACKGROUND
The Elgin Municipal Code, Article 13.04 . 130, Encroach-
ments, grants the City Council authority to permit such fence
encroachments within the City right-of-way where such a fence
presents no hazard.
Rage Management, Inc. , by copy of a letter dated July
21, 1993, has requested authorization to install fences on
City rights-of-way at two locations .
1. Waverly Commons Condominiums along the north side of
Jefferson Avenue.
2. Pine Meadows Townhomes along the west side of McLean
Boulevard.
A copy of a standard agreement is attached for informa-
tion.
There is apparently room for the installation of the
fences on private property at the general locations identi-
fied by Rage Management, but the applicant, after discussion
with Planning in May, desired not to pursue the amendment to
his Planned Development due to the time and cost.
Authorization to Erect Private Fences
on Public Right-of-way at Two Locations
July 27, 1993
rb. Page 2
Should City Council authorize the execution of an agree-
ment, more information concerning fence type style, and spe-
cific placement location will be required and attached to the
Agreement.
FINANCIAL IMPACT
None.
RECOMMENDATION
Discussio;s-iii direction to staff.
AIL
Lar . Rice • ity Manager
LLR:amp
Attachments
r
r
F '
RAGE MANAGEENT, INC.
July 21, 1993
Mr. James Christensen
Public Works Director
City of Elgin
150 Dexter Court
Elgin, IL 60120
RE: Pine Meadow Townhome Association
Waverly Commons Condominium Association
Fence License Agreement
Dear Mr. Christensen:
With reference to the above mentioned Planned Unit Developments, we
would like to enter into a license agreement between the City of
Elgin and each respective Associations with respect to installing
a fence on city right-of-ways.
With commercial developments across from both Associations and the
lack of adequate screening, the residents have experienced many
hardships (i.e. littering, trespassing, vehicular noise and even a
police incident where a hand gun was recovered) . The health,
safety, welfare and peace of mind of these residents has been
altered due to recent developments and unforeseen nuisances.
We would appreciate your consideration on these matters for the
residents of both developments.
Sincerely,
RAGE MANAGEMENT, INC.
A4L,Pt
Q(j) cffrZ
Donald J . R e
President
DJR/jcp
•
1E6linTELEPHONE 708/631-8100
FAX 708/631.5610
FOR HEARING IMPAIRED
TDD 701/931.5615
CITY OF ELGIN 150 DEXTER COURTELGIN, ILLINOIS 60120.5555
ti
July 9, 1993
Mr. Don Rage
Rage Management
1450 Plymouth Lane
Elgin, IL 60123
Subject: Fences - Pine Meadows
and Waverly Commons
Dear Mr. Rage:
This correspondence is in response to your recent inquiries
regarding the installation of fences at the Pine Meadows
residential development and the Waverly Commons residential
development. As you may know, both of these developments
were processed and approved as planned developments. As
such, each is subject to conformance with a specific site
plan. Generally, planned developments incorporate various
departures from the standard requirements of the Zoning
Ordinance and/or the Subdivision Ordinance. Often, such
departures allow a development pattern that would not be
possible under the strict application of the Zoning and
Subdivision Ordinances. In return for the special
considerations granted through the planned development
process, the development of the subject property must
- conform to the approved planned development site plan. The
site plans are reviewed by the Planning Commission and
approved by the City Council. There is little
administrative authority to alloy changes to a planned
development.
Residential developments that are constructed in strict
conformance with the Zoning and Subdivision Ordinances are
subject to the site design regulations of these ordinances.
Therefore, plans for the introduction of structural site
design elements, such as fences, may be reviewed and
approved on an administrative basis. However, this is not
the situation in effect for the Pine Meadows residential
development and the Waverly Commons residential development.
Please contact the Planning Department if we can provide any
further explanation or assistance in this matter.
Sincerely
34-
Stephen Pala
Planning Technician
cc: George Van de Voorde, Mayor
Bob Malm, Assistant City Manager
Tom Armstrong, Principal Planner
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