HomeMy WebLinkAbout94-0613 Fence Miller 41 Li-0 k)
AGREEMENT
THIS AGREEMENT made and entered into this '- - day of
June, 1994 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. and
Mrs . Rex Miller of Elgin, IL (hereinafter referred to as
"Licensee") .
WITNESSETH
WHEREAS, licensor is the owner of certain public
property along 1121 Schuler Street.
See Attached Exhibit
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 :
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.
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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.
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-
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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.
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 .
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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
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 as proof that it has secured and paid for a policy of
public liability insurance annually covering all public risks
related to the use, maintenance, existence or location of the
fencing. The amounts of such insurance shall be as follows :
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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 .
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 Mr. & Mrs . Rex Miller.
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CITY OF ELGIN
By . 1.. .
CITY MANAGER
Attest:
. ti
CITY CLERK
MR. & MRS. REX MILLER
By
A.)011
REX LLER
,1
KIMBERLY MILLER
. is....
PLAT
OF PROPERTY DESCRIBED AS FOLLOWS:
Lot 16 in Block XXXIII of Washington Heights Addition
to Elgin, in the City of Elgin, Kane County, Illinois.
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Survey Updated August 31, 1993
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I,14,VtO i. . lLbPJ4T0nl AN ILLINOIS REGISTERED LAND ADORES S: i/L/ JOHii1F.Q .S.",,KFT.
7VEYOR, HEREBY STATE THAT A SURVEY OF THE ABOVE DESCRIBED
)PERTY WAS MADE UNDER MY DIRECTION AND THAT THE PLAT HEREON E,6',,V /Z
IWN CORRECTLY REPRESENTS SAID SURVEY.
I FURTHER STATE THAT THE BUILDINGS ON THE ABOVE DESCRIBED
>PERTY WERE LOCATED AND WERE FOUND AS SHOWN ON THE ATTACHED SCALE: IINCH= Zo FEET
T. NO IMPROVEMENTS UPON THIS PROPERTY ENCROACH UPON ADJOINING
,PERTY AND NO IMPROVEMENTS OF ADJOINING PROPERTY ENCROACH
.N THIS PROPERTY UNLESS SHOWN OTHERWISE. • - INDICATES IRON SURVEY MARKER
DIMENSIONS GIVEN IN FEET AND DECIMALS THEREOF.
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OZONE FENCE & DECK CO.
260 SOUTH DRIVE
SOUTH ELGIN, ILLINOIS 60177
(708) 931-7535
Customer name and address M✓►1 1114 j(e k- Proposal No.
/jam/ 5h4.4.61.1___ 6 ?? 9307
Job Site; If different
P-jeh-.-4 1 L, Date S- ),1 -f
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Fence Footage - Deck Size
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J Diagram Of Work To Be Done
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Style ` Laf Railing Style
s- ! dud 7 ±V-36 .:i97.16
4/', ri104,0a►ot
Type of materieal Type of floor
Viti---- r
Tian-- { L ci 4''1 `�13oR .�'-
Gates Benchesa ?- 2- ,...,...._„ 52• „ , i,,,,,,
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Tear Down & Haul Away TrQ..11 , / , / r
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Permit Plastic & Gravel
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Dirt from footing is aMomas responsibility unless otherwise awill.n in prapm.at
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Alt material rs guaranteed to be as specified and the above work to be performed in accordance with the drawings and specdicatrons submitted for above work and completed in
substanial workmanlike manner for the sum of
with payments to be made as follows Dollars(S }
if payment exceeds 30 days beyond completion a 1.5%interest charge on balance will be added
tiny alteration or deviation from above specifications involving extra costs. will be executed only upon Respectlutly submitted
vrilten orders and will become an extra charge over and above the estimate Ali agreements contingent
mon strikes,accidents or delays beyond our control Owner to carry lire tornado and other necessary A., '/1y,, ��nsurance upon above work Workmen's Compensation and Public Liability insurance on above work to Per Owner I>etaken out by Ozone Fence and Deck Co
Note---This propo may be withdrawn by us if not accepted within 30 days
ACCEPTANCE OF PROPOSAL
he above prices.specifications and conditions are satisfactory and are hereby accepted You are athorized to do the work as speciliad Payment will be made as outlined above
Signature
Date Signature