HomeMy WebLinkAbout94-0831 Fence Kessell 94--o% 31
AGREEMENT
THIS AGREEMENT made and entered into this day of
August, 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.
Eric Kessell of Elgin, IL (hereinafter referred to as
"Licensee" ) .
WITNESSETH
WHEREAS, licensor is the owner of certain public
property along 250 S. Clifton.
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 removg, 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.
B. 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 secuFed 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. Eric Kessell.
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CITY OF ELGIN
By
CITY MANAGER
Attest:
CITY CLERK
MR. ERIC KESSELL
By /
- . ALAN J. COULSON, P.C.
REGISTERED LAND SURVEYORS
P4te oil Su/Ivey .
OF PROPERTY DESCRIBED AS:
Lot 1 in Block LVII of the Plat of South Washington Heights of Lot 2, Northeast
Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal
Meridian, in the City of Elgin, Kane County, Illinois.
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