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Home My WebLink About96-0918 Sprinkler Porter . SEP 09 '96 09:31AM AT&T FAX 9015PF P 2 EMCROACIOIENT AGREEMENT FOR LAWN SPRINKLER SYSTEM THIS AGREEMEIIT made and entered into this «day of , 1996 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. Brett Porter of Elgin, IL (hereinafter referred to as "Licensee") . WITNESSETH WHEREAS, licensor is the owner of certain public property along 2627 Kettlebrook Dr. , as shown on the attached property plat, attached hereto as Exhibit A. and WHEREAS, Licensee desires to install a lawn sprinkler system within the public right-of-way for the purpose of lawn irrigation. WOW, THEREFORE, the parties agree as follows: 1. Licensor hereby grants unto Licensee the right to install the lawn sprinkler system within the public right-of-way as detailed 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 P 09 '96 31FTI FiT&T FM{ 9815PF P.3 -2- for any reason upon giving thirty (30) 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 for all purposes incident to this agreement. 4. Licensee agrees to install the lawn sprinkler system only with the specific written authorization of the City's Public Works Director and at such site and manner as shown on Exhibit A and/or as designated by the Public Works Director. The written authorization for the installation of said lawn sprinkler system shall, among other items, provide for the minimum distance between the system and any sidewalks, streets, fire hydrants end other underground utilities. 5. Licensee agrees that the lawn sprinkler system shall be installed operated and maintained at all times in a safe 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 or repair is required, Licensee shall be required to perform such required maintenance or repair within (5) five days of receipt of a written notice. The required maintenance or repair must be performed in the presence of the City after giving at least 24 hours advance notice. If the licensee fails to accomplish the required . M9 '9S eg:fir► Au 0i 95PF F' 0 P.4 -3- maintenance or repair the lawn sprinkler system shall be removed from the premises immediately upon receipt of instructions from the Public Works Director for the removal of same. If the Licensee fails to remove the lawn sprinkler system after notice to do so, the Licensor shall have the right to remove the lawn sprinkler system, the full cost of which shall be borne by the Licensee. 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 lawn sprinkler system. 6. Licensee shall immediately remove, or relocate at his own expense, said lawn sprinkler system in the event Licensor determines such removal or relocation is necessary or convenient for the installation, repair of replacement of any utilities or any other public improvements. Any removal, relocation, replacement or repair of the lawn sprinkler system, under any circumstances, shall be at the sole expense of the Licensee. 7. Upon termination of this agreement, Licensee agrees to immediately remove the lawn sprinkler system 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 lawn sprinkler system and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse Licensor the full cost for P 09 '% 03132F7'? PTV" FAX 9315PF P.5 -4- such removal and/or restoration. 8. Licensor shall in no way be responsible for loss of or damage to the lawn sprinkler system or for any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be destroyed or in any way damaged during the installation, operation, use, maintenance or repair of the lawn sprinkler system 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, operation, use, or location of the lawn sprinkler system whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invites 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 omissions of Licensee, its officers, agents, employees, contractors, licensees, invites or trespassers, or SEP 09 '96 09:33V1 PTT FM< 9015PF P.6 -5- caused in whole or in part by alleged negligence of officers, Agents, servants, employees, contractors, subcontractors, licensees or invites of Licensor. 10. Licensee covenants and agrees to furnish Licensor with a certificate of insurance naming the City as additionally insured for a lawn sprinkler system on City R-O-V as proof that it has secured and paid for a policy of public liability insurance anoeally covering all public risks related to the use, maintenance, existence or location of the lawn sprinkler system. 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. 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. P.7 SEP 139 -96 Q9:34Fr RT&T FAX 9815PF • ' -6- 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. Brett Porter. CITY OP ELGIN By + . _.r:.1 CITY MANAGER Attest: 41'at CITY CLERIC MR. BRITT PORTER By �� oxMEtt MRS. CYNTHIA By WC;�„ 'C5L}_u4-/ < ATTACHMENT A X. = cpelrvKle He-et-cis c ) Ci / y - a-w 4. i _ . • - ..._-----' i -t;- •- • • - • ---- 7..,t-; i ` `�_\ r1 -'• • 1; / i \ '/ 7 a , A . , , ! ! .so.:',D . . r ' I I, .y� i j1 ^ —_—.--�// `T ---\, 11 ., t.„ I .. �.-� � , • .„,,, r , ,i .. I T '-`T` • �16'7 , ;, _ 1. . \,. i /e L .‘ r ,� a a �7 ke-771bR-�c)1-< bre . \ r J , . 1 , il. /1 r _,__ � : '� fT 1 . )Iti t I ' \It......... .... 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