HomeMy WebLinkAbout95-1031 Sign Country Brook 9 - 103\
AGREEMENT FOR ENCROACHMENT
WITHIN A PUBLIC RIGHT OF WAY
THIS AGREEMENT made and entered into this ?tat-day of
,, , 1995 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 Country
Brook Homeowners Association (hereinafter referred to as
"Licensee" ) .
WITNESSETH
WHEREAS, Licensee desires to erect subdivision
entrance sign (SIGN) within the public right-of-way located
at the northwest corner of Bode Road and Sumac Lane. The
sign shall be constructed as detailed in Exhibit A, attached
hereto and incorporated herein for all purposes incident to
this agreement.
NOW, THEREFORE, the parties agree as follows :
1. Licensor hereby grants unto Licensee the right to
erect the sign upon the location outlined in Exhibit B, 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
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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 Sign only with the
specific written authorization of the City' s Engineer and at
such site as shown in Exhibit B and in such a manner as is
designated by the City Engineer. The written authorization for
the erection of said Sign shall, among other items, provide
for the minimum distances between the Sign and any sidewalks,
streets, fire hydrants, drainage facility, and for restrictions
on the placement of any and all shrubs or bushes along said
signage.
5 . Licensee agrees that the Sign 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 City Engineer
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 remove said Sign, the cost of which shall
be borne by Licensee. Such Sign shall be removed from the
premises immediately upon receipt of instructions from the
City Engineer for the removal of same. Licensee shall at its
. .
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own responsibility and expense obtain and keep in effect all
licenses, bonds and permits necessary for the installation and
existence of the Sign.
6 . Licensee shall immediately remove, at his own
expense, said Sign in the event Licensor detetIMines such
removal necessary or convenient for the installation, repair or
replacement of any utilities or any other public improvements on
the subject right-of-way. Any replacement or repair of the
Sign under any circumstances, shall be at the sole expense of
the Licensee.
7 . Upon termination of this agreement, Licensee agrees
to immediately remove the Sign from the right-of-way 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 Sign 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 Sign 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 Sign 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 Sign 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 for a Sign on City R.O.W. 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 Sign. The amounts of such
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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 an 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 Cook 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 Country Brook Homeowners Association.
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CITY OF ELGIN
By L.--2,z,..
1� ` I
CITY MANAGER
Attest:
id6-63,42__ dk,,,,,,„,,,_
CITY CLERK
COUNTRY BROOK HOMEOWNERS
A OFIATION
By I li v ^4
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771,A471`"
2
RO:
3'
•
18"
9,41110166,
SHRUBS Gf�ovN�
42IILev Tt—
4"X6" WOLMONIZED POSTS
SIGN CONSTRUCTION MADE OUT OF WOOD
314" THICK PAINTED ALL EDGES AND BACK
COST OF FACE 3'X6': $300.00
COST OF INSTALL ON 4"X6" POSTS: $275.00
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rm/5,60
COUNTRY BROOK HOMEOWNER ASSOCIATION
RIGHT-OF-WAY ENCROACHMENT
EXHIBIT A
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C Maintenance shall include all
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m I landscaping and fixtures from
the south lot line of lot 121
n to 10 feet south of sign and
T the east lot line of lot 121
to 10 feet west of sign.
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CIRCLE
t _ _ _ _ _– —___.� COUNTRY BROOK HOMEOWNER ASSOCIATION
RIGHT-OF-WAY ENCROACHMENT
EXHIBIT B
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