88-0420 Ratciiff $g- o4 O
AGREEMENT
THIS AGREEMENT made and entered into this 20 day of Agri 1 7
1988 by and between the City of Elgin, a municipal corporation, organized and existing
under the laws of the State of Illinois (hereinafter referred to as "Licensor") and Mr. and
Mrs. Rick Ratciiff of Elgin, Illinois (hereinafter referred to as "Licensee") .
WITNESSETH
WHEREAS, Licensor is the owner of certain public property along St.
Charles and Regent Streets adjacent to 453 St.Charles Street.
described as follows:
Lot 1 in Block 4 of the Amended Plat of Blocks 1 and 4 of Bowen Heights Addition
to Elgin, being a subdivision of part of the Northeast Quarter of Section 24,
Township 41 North, Range 8 East of the Third Principal Meridian, in the City of
Elgin, Kane County, Illinois.
and
WHEREAS, Licensee desires to erect fencing on a portion of said property of
Licensor for the purpose of enclosing Licensee's yard.
NOW, THEREFORE, the parties agree as follows:
I. Licensor hereby grants unto Licensee the right to erect fencing upon the
premises outlined in Exhibit A, attached hereto and incorporated herein for all purposes
incident to this agreement.
2. In consideration for this agreement, Licensee agrees to pay to Licensor a
fee of Ten °°/ooDollars ($ 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 condi-
tion 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
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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 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 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.
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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 harm-
less Licensor, its officrs, agents, servants and employees from the against any and all
such claims.
9. Licensee agrees to and does hereby, indemnify, hold harmless and defend
Licensor, its officers, agents, servants and employees from and against any and all claims
or suits for 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, 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, subcontractors, licensees, invitees or trespassers, or caused in
whole or in part by alleged negligence of officers, agents, servants, employees, contrac-
tors, subcontractors, licensees or invitees of Licensor.
10. Licensee covenants and agrees to furnish Licensor with a certificate of
insurance as proof that it has secured and paid for a policy of public liability insurance
covering all public risks related to the use, maintenance, existence or location of the
fencing. 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
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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.
I I. This license is personal to Licensee. It is nonassignable and any attempt
to assign this license will 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 enforcement 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 recordation to Licensor.
IN WITNESS WHEREOF the parties have caused this agreement to be
executed by the Mayor and City Clerk of the City of Elgin and Mr. & Mrs. Rick Ratciiff.
CITY OFE IN
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By
Mayor
Attest:
Lk 0..,(..4—t_et__k_43,L4k,k__)
City Clerk
Mr. & Mrs. Rick Ratciiff
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