HomeMy WebLinkAbout96-25 Resolution No. 96-25
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ELGIN CLOCK REPAIR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, 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
Elgin Clock Repair to permit the erection of an awning over
the public right of way, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 14 , 1996
Adopted: February 14 , 1996
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
AGREEMENT
THIS AGREEMENT made and entered into this ?6 6 day of
7 k°. 1,-L�..Q p
/Z.,- , 1995 by and between the City of Elgin, a
II
municipal cororation, organized and existing under the laws
of the State
- of Illinois (hereinafter referred to as "Licen-
sor" ) and Elgin Clock Repair of Elgin Illinois, a partnership
(hereinafter referred to as "Licensee" ) .
WITNESSETH
WHEREAS, Licensor is the owner of certain public property
located to the north and west of One National Street; and
WHEREAS, Licensee desires to erect an awning on its
building at One National Street, Elgin, Kane County, Illinois;
and
WHEREAS, said awning of Licensee will overhang onto the
adjoining public right of way owned by Licensor; and
WHEREAS, it is unlawful to erect or maintain any private
structures which encroach upon any public right of way or
property except with the written permission of the City of
Elgin; and
WHEREAS, Licensor has agreed to allow for the encroach-
ment of the awning on the public right of way and grant per-
mission for construction of same pursuant to the terms and
conditions of this agreement.
NOW, THEREFORE, the parties agree as follows :
1 . Licensor hereby grants unto Licensee the right to
erect an awning upon One National Street such that the awning
may overhang into the adjoining public right of way not to
exceed twenty-six (26) inches .
2 . In consideration for this agreement, Licensee agrees
to pay to Licensor a fee of Ten 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 awning 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 awning shall, among other items, provide for
the minimum distances between the awning and any sidewalks,
streets and fire hydrants .
5 . Licensee agrees that the awning shall be erected and
maintained at all times in a safe, neat, slightly 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 mainte-
nance, 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 mainte-
nance, the cost of which shall be borne by Licensee. Such
awning shall be removed from the premises immediately upon
receipt of instructions 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
awning.
6 . Licensee shall immediately remove, at his own ex-
pense, said awning in the event Licensor determines such
removal necessary or convenient for the installation, repair
or replacement of any utilities or any other public improve-
ments on the subject premises . Any replacement or repair of
the awning, under any circumstances, shall be at the sole
expense of the Licensee.
7 . Upon termination of this agreement, Licensee agrees
to immediately remove the awning 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 awning and restore the premises
at no cost or liability to the City. Licensee covenants and
agrees to reimburse Licensor for such removal and/or restora-
tion.
8 . Licensor shall in no way be responsible for loss of
or damage to the awning or for any property belonging to or
rented by Licensee, its officers, servants, agents or employ-
ees which may be stolen, destroyed or in any way damaged
during the erection or maintenance of the awning 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 charac-
ter, whether real or asserted, arising out of or in connection
with the existence, maintenance, use, or location of the
awning whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employee, contrac-
tors, subcontractors, 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 omissions of licensee, its officers, agents,
employees, contractors, licensees, invitees or trespassers, or
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 additional-
ly 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 awning. 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
terminate the license privileges granted to Licensee hereun-
der.
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 enti-
tled to recover interest and reasonable attorney' s fees .
14 . Licensee agrees to provide for recordations 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 Elgin Clock Repair.
CITY OF ELGIN
•
By IA.
City Manager
Attest:
(W41A-t'%-Q _ /11)1&CP''
City Clerk
ELGIN CLOCK REPAIR
By c6 _
Roland Iverson, Partner
By 7u
J p
ames LaCh e le, Partner
Ell ' •
.. .,,,
.k;,..c,c,,, Agenda Item No . ..1__
7,-,07).6),_ ,
y.r
(...
January 18, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Elgin Clock Repair Awning License Agreement
PURPOSE
The purpose of this memorandum is to present to the Mayor and
Members of the City Council a license agreement between the
Elgin Clock Repair Company (ECR) and the City of Elgin.
BACKGROUND
As a result of the road improvements made to National Street
in preparation for the opening of the riverboat development,
traffic light poles were relocated along the south side of
National Street and the east side of State Street. The pole
relocation required Elgin Watch Company to purchase a new
awning. Since the awning extends over the public right-of-
way, a license agreement with the City is necessary.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
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•
•
Elgin Clock
1 National St.
Elgin, II.
•
prospective view
411111411114441
44-9"
16-T
90"
North side
Lettering on Awning: West side - CLOCKS Sated aacd Sewuiee 7" tall
West side - ELGIN CLOCK REPAIR 7"
Corner - 1 National St.
North side - ELGIN CLOCK REPAIR 7"
ELGIN CLOCK REPAIR
1 National St.
Elgin, Il.
60"
10"
I— 26"
Elgin Clock Repair
1 National St.
Elgin Il. 60123
•
CLOCIGS Settled eticd Scwite. • : _ _
•
North Side
•
ELGIN CLOCK REPAIR
18' 2"
Corner piece
1 National St.
35"
,,;;,.' ` ELGIN CLOCK REPAIR
‘‘AVSALES AND SERVICE I 4.
`�-.• 1 NATIONAL STREET. • ELGIN, ILLINOIS 60123
�� 695-1758 *
%••
12/21/95
City Of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Mr. Moller ,
Enclosed please find the signed license agreement that
you requested. Any questions please feel free to
contact us at 695-1758 .
Thank You,
7JL'/j
James T. LaChapelle
ROLAND R. IVERSON, C.M.C. • JAMES T. LACHAPELLE, C.M.C.
Certified Master Clockmakers
Members of The American Watchmakers Institute &The National Association of Watch and Clock Collectors