01-311Resolution No. 01 -311
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
ERIC ENGELBY AND BOBBI ENGELBY FOR A FENCE
(636 Park Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute a License
Agreement on behalf of the City of Elgin with Eric Engelby and
Bobbi Engelby for the erection of a fence in the public right -of-
way at 636 Park Street, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 14, 2001
Adopted: November 14, 2001
Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
DRAFT 11 /1 /01
RAGREE /ENGELBY.LIC
LICENSE AGREEMENT
THIS AGREEMENT made and entered into this cM day
of �ot/. 2001, by and between the CITY OF ELGIN, an Illinois
municipal corporation, organized and existing under the laws
of the State of Illinois (hereinafter referred to as the
"City ") and ERIC ENGELBY and BOBBI ENGELBY (hereinafter
referred to as "Licensee "),
WITNESSETH
WHEREAS, Licensee is the legal owner of certain
residential real property commonly known as 636 Park Street,
Elgin, Kane County, Illinois 60120 with such property being
legally described as follows:
"IT:1
Lots 1 and 2 in Block 2 of J. Force's Heir's
Addition and that part of Lot CCLIV of County
Clerk's Subdivision described as follows: Beginning
at the Northeast corner of said Lot 1; thence West
along the North lines of said Lots 1 and 2, 120 feet
to the Northwest corner of said Lot 2; thence North
along the West line extended of said Lots 2; 30.3
feet; thence East parallel with the North line of
said Lots 2 and 1, 120 feet to the East line
extended of said Lot 1; thence South 30.3 feet to
the place of beginning, in the City of Elgin, Kane
County, Illinois.
WHEREAS, the City is the owner of certain public
property to the east of 636 Park Street consisting of a public
right -of -way commonly known as Preston Avenue (hereinafter
referred to as the "Subject Public Right -of- Way "); and
WHEREAS, Licensee desires to erect a fence on a
portion of the Subject Public Right -of -Way.
NOW, THEREFORE, the parties agree as follows:
1. The City hereby grants unto Licensee a
nonexclusive temporary license permitting the Licensee to
erect a fence upon a portion of the Subject Public
Right -of -Way to the east of 636 Park Street, Elgin, Kane
County, Illinois, in the location on the public right -of -way
as drawn on the plat of survey prepared by Preferred Survey,
Inc. dated February 19, 1999, attached hereto as Exhibit A.
The fence shall consist of a forty -eight inch (4811) high
balustrade style wood fence as described and depicted in the
application for a fence permit submitted by Licensee to the
City of Elgin.
2. In consideration for this agreement, Licensee
agrees to pay to the City 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 or no reason upon giving thirty (30) days
written notice. In addition, this agreement may be terminated
by the City 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 fence only pursuant
to 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 fence shall, among other items, provide for
the minimum distances between the fence and any sidewalks,
streets and fire hydrants, signal and light poles, signs and
any other appurtenances. The location of the fence in the
2
Subject Public Right -of -Way shall in no event interfere with
pedestrian or vehicular traffic, public utilities or result in
a safety hazard.
S. Licensee agrees that the fence 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. The City shall be
the sole judge of the quality of the construction and
maintenance, and upon written notice by the City, 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 the City shall have the right to perform
this maintenance, the cost of which shall be borne by
Licensee. Such fence shall be removed from the Subject Public
Right -of -Way 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 fence.
6. Notwithstanding any other provision in this
agreement to the contrary, Licensee shall immediately remove,
at his own expense, said fence in the event the City
determines such removal is necessary or convenient for the
installation, repair or replacement of any utilities or any
other public improvements on the Subject Public Right -of -Way
or in the event the City determines that the fencing
interferes with pedestrian or vehicular traffic, public
KI
utilities or constitutes a safety hazard. Any replacement or
repair of the fence, under any circumstances, shall be at the
sole expense of the Licensee. If Licensee fails to exercise
its duties under this paragraph, the City shall have the right
to remove the fence and restore the Subject Public
Right -of -Way at no cost or liability to the City. Licensee
covenants and agrees to reimburse the City for such removal
and /or restoration.
7. Upon termination of this agreement, Licensee
agrees to immediately remove the fence from the Subject Public
Right -of -Way and to restore the site to its original
condition. If Licensee fails to exercise its duties under
this paragraph, the City shall have the right to remove the
fence and restore the Subject Public Right -of -Way at no cost
or liability to the City. Licensee covenants and agrees to
reimburse the City for such removal and /or restoration.
8. The City shall in no way be responsible for loss
of or damage to the fence or 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 fence and Licensee
hereby indemnifies and holds harmless the City, its officers,
agents, servants and employees from and against any and all
such claims.
9. To the fullest extent permitted by law Licensee
agrees to and shall indemnify, defend and hold harmless the
City of Elgin, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,
51
judgments, costs, attorney's fees, damage or other relief,
including but no limited to Workers' Compensation claims, in
any way resulting from or arising out of the existence of this
agreement and /or the existence, maintenance, use or location
of the fencing on the Subject Public Right -of -Way. In the
event of any action against the City, its officers, employees,
agents, boards or commissions, covered by the foregoing duty
to indemnify, defend and hold harmless such action shall be
defended by legal counsel of the City's choosing.
10. Licensee covenants and agrees to furnish the
City with a certificate of insurance naming the City of Elgin
as additionally named insured for a fence on the City of Elgin
owned Subject Public Right -of -Way adjacent to 636 Park Street,
Elgin, Kane County, Illinois, as described in this license
agreement 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 fence. The amounts of such insurance shall be as
follows: Comprehensive General Liability for Bodily Injury,
Personal Injury and Property Damage: $100,000 per occurrence;
$500,000 annual aggregate; with the understanding of and
agreement by Licensee that such insurance amounts shall be
revised upward at the City's option and Licensee will so
revise such amounts within thirty (30) days following notice
to Licensee of such requirements. The insurance required in
this agreement shall apply as primary insurance with respect
to any other insurance or self- insurance programs afforded to
the City. There shall be no endorsement or modification of
5
this insurance to make it excess over other available
insurance, alternative, if the insurance states that it is
excess or prorate, it shall be endorsed to be primary with
respect to the City of Elgin.
11. This license is personal to Licensee. It is
nonassignable and any attempt to assign this license will
automatically terminate the license privileges granted to
Licensee hereunder.
12. Licensee agrees that should any action, whether
real or asserted, at law or in equity, rise out of the terms
of this agreement, or by Licensee's operations on the Subject
Public Right -of -Way, venue for said action shall lie in Kane
County, Illinois.
13. In any action brought by the City for the
enforcement of the obligations of Licensee and the City is the
prevailing party in such action, the City shall also be
entitled to recover interest and reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have
executed this agreement on the date and year first written
above.
CITY OF ELGIN
By L�
Ed chock, Mayor Eric Engelb
Attesst:�_
City Clerk Bob i Enge by
2
""o o"z".
01
CORPORATION
NO. 116
STATE OF
ILLINOIS
PLAT OF SURVEY
OF LOTS 1 AND 2 IN BLOCS 2 OF J. FORCE'S HEIR'S ADDITION AND THAT PART OF LOT CCI,$
OF COUNTY CLERE'S SUBDIVISION DESCRIBED AS FOLLOWS: BECINNING AT THE NORTHEAST .,.
CORNER OF SAID LOT 1; THENCE REST ALONG THE NORTH LINES OF SAID LOTS IAND 2,
120 FEET TO)' THE. NORTHWEST CORNER OF SAID IAT 2; THENCE NORTH ALONG THE TEST
LINE LINE OF AID LOTS 2 AND Its 1203FSU TO 'THE FEAR nARLEL OF Id B EXTENDED SAID LOT NORTH
THENCE SOUTH 30.3 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, SANE
COUNTY. ILLINOIS.
ADDRESS: 636 PARE STREET, ELGIN, ILLINOIS.
rovxe nma
Frog rW¢
wuxF umx
s
2 1/2
BRICK
Ne w. aer.1 I
PARK STREET
N
SCALE: 1 " =30'
w
z
w
z
0
E-
W
a
a
ur ,
45" H ?,AwSTl2.Ai--a ST`(L.E3 Ncm mm,--c4.-).
WWWI.2,44 Plalv�( T--Ehlc r-
j1q I'� j v �stwvoe STYLE WCW FIrnfC2 CV,,,, tk -60-I5
TO: RUSSELL C WIRBICKI
JPROFESSIONAL NATIONAL TITLE NETWORK, INC.
THIS IS TO CERTIFY THAT WE, PREFERRED SURVEY, INC., ILLINOIS
PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE SURVEYED
THE PROPERTY DESCRIBED HEREON AND THAT THE PUT SHOWN
HEREON LS A CORRECT REPRESENTATION OF THAT SURVEY. ALL
DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
GIVEN UNDER OUR HAND AND SEAL AT GLEN ELLYN. ILLINOIS, THIS
19TH D FEBR RY _ A.D. 1999
PREFERRED SURVEY, INC. TcLINaTS A
x,
799 W. Reeaaral Read/Emmlae N. smL. a96 /clan e1Dn. R e0137 -
G PEFne 830 - 790 -Bast / F.. a9n_axa_aa• P.N.T.N. NO. 2791580 T.C.
Exhibit A
CITY OF ELGIN .
DEPARTMENT QF CODE ADMINISTRATION
APPRtp/�'ED PLAN
SIONATU 1tAoA4 BQ
DATE U/ 7 ZI,ID1
]
wuxx nnx nvv
1 20.00
22b
r•,'�n.
pFRAME
GARAGE
".
R
R
•coxp ere
xomx �xx
ft -K4 IN Prl4izt_
1
I
R1 re Ht
s
2 1/2
BRICK
Ne w. aer.1 I
PARK STREET
N
SCALE: 1 " =30'
w
z
w
z
0
E-
W
a
a
ur ,
45" H ?,AwSTl2.Ai--a ST`(L.E3 Ncm mm,--c4.-).
WWWI.2,44 Plalv�( T--Ehlc r-
j1q I'� j v �stwvoe STYLE WCW FIrnfC2 CV,,,, tk -60-I5
TO: RUSSELL C WIRBICKI
JPROFESSIONAL NATIONAL TITLE NETWORK, INC.
THIS IS TO CERTIFY THAT WE, PREFERRED SURVEY, INC., ILLINOIS
PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE SURVEYED
THE PROPERTY DESCRIBED HEREON AND THAT THE PUT SHOWN
HEREON LS A CORRECT REPRESENTATION OF THAT SURVEY. ALL
DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
GIVEN UNDER OUR HAND AND SEAL AT GLEN ELLYN. ILLINOIS, THIS
19TH D FEBR RY _ A.D. 1999
PREFERRED SURVEY, INC. TcLINaTS A
x,
799 W. Reeaaral Read/Emmlae N. smL. a96 /clan e1Dn. R e0137 -
G PEFne 830 - 790 -Bast / F.. a9n_axa_aa• P.N.T.N. NO. 2791580 T.C.
Exhibit A
"ioior
o I�
9p 1e
�Rq TEOFEe e
City of Elgin
November 9, 2001
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
Item No. 9
NEIGHBORHOOD VITALITY
SUBJECT: License Agreement to Permit a Fence to be Erected in
the Public Right -of -Way Adjacent to 636 Park Street
PURPOSE
The purpose of this memorandum is to submit to the Mayor and
members of the City Council information regarding a proposed
license agreement to allow the erection of a fence in the public
right -of -way adjacent to the property at 636 Park Street.
Eric Engelby and Bobbi Engelby are the owners of the residential
property at 636 Park Street. The property in question is located
at the northeast corner of Park Street and Preston Avenue. Mr. and
Mrs. Engelby are proposing to construct a fence to enclose their
property. A plat of survey depicting the property and the location
of the proposed fencing is attached.
Mr. and Mrs. Engelby are proposing to locate the fencing on the
east side of their property in the city public right -of -way. This
proposal is based in part on the fact that there is an unusual
distance of approximately thirteen (13) feet between the eastern
boundary of the Engelby property and the sidewalk in the public
right -of -way and there is also a line of bushes several feet from
the sidewalk. A photograph depicting this area is also attached.
Elgin Municipal Code Section 13.04.130 prohibits the erection of
any private structure which encroaches upon any public right -of-
way. Exceptions may be made only upon the written approval of the
City Manager with the recommendation of the City Engineer, or by
the City Council, providing that the proposed structure in the
public right -of -way does not interfere with pedestrian or vehicular
traffic, public utilities or results in a safety hazard.
License Agreement for Fence
November 9, 2001
Page 2
Attached is a proposed license agreement between the city and
Mr. and Mrs. Engelby which would grant Mr. and Mrs. Engelby a
temporary license to erect the proposed fence in a portion of the
city right -of -way. The license agreement may be terminated by
either party upon thirty (30) days' written notice. The license
agreement may also be terminated by the city upon five (5) days'
written notice in the event of a breach of any of the terms or
conditions of the agreement. The type of fence would be limited to
the forty -eight inch (4811) high balustrade style wood fence
identified in Mr. and Mrs. Engelby's application for a fence
permit. A photograph of a similar style fence is also attached.
The license agreement also requires Mr. and Mrs. Engelby to provide
the city insurance and to indemnify, defend and hold the city
harmless for any claims or damages relating to the license
agreement or the fencing being located in the public right -of -way.
COMMUNITY GROUPS /INTERESTED PERSONS CONTACTED
None.
y/A FINANCIAL IMPACT
UJ None.
11�nJ /EGAL IMPACT
J I'
None.
ALTERNATIVES
1. Approve the proposed license agreement.
2. Do not approve the proposed license agreement.
It is recommended that the City Council approve the proposed
license agreement allowing Mr. and Mrs. Engelby to erect fencing in
a portion of the city -owned right -of -way adjacent to 636 Park
Street.
Respectfully submitted,
Joyce A. Parker
City Manager
WAC /nr
Attachments