07-101 Resolution No. 07-101
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
SCHOOL DISTRICT U-46
FOR BUS LOADING IMPROVEMENTS AT WASHINGTON SCHOOL
(819 West Chicago 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 an agreement on behalf of the City of Elgin with School District U-46 for bus loading
improvements at Washington Elementary School, 819 West Chicago Street, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 25, 2007
Adopted: April 25, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
LICENSE AGREEMENT
THIS AGREEMENT made and entered into this .2 day of '/Gk , 2007, 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 SCHOOL DISTRICT
U-46, a unit school district organized under the statutes of the State of Illinois, (hereinafter
referred to as "Licensee"),
WITNESSETH
WHEREAS, Licensee is the legal owner of certain real property commonly known as 819
West Chicago Street, Elgin, Kane County, Illinois, with such property being described as
Washington Elementary School; and
WHEREAS, the City is the owner of certain public property in front of 819 West
Chicago Street consisting of a public right-of way (hereinafter referred to as the "Subject Public
Right-of-Way"); and
WHEREAS, Licensee desires to modify a portion of the subject public right-of-way to
create a bus drop-off area.
NOW, THEREFORE, the parties agree as follows:
1. The City hereby grants unto Licensee a nonexclusive temporary license
permitting the Licensee to modify a portion of the Subject Public Right-of-Way in front of the
Washington Elementary School, 819 West Chicago Street, Elgin, Kane County, Illinois, in the
location on the public right-of-way as drawn on the diagram attached hereto and made a part
hereof as Attachment A.
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 modify the right of way 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 modifications to the right of way
shall, among other items, provide for the minimum distances between the bus drop-off area and
any sidewalks, streets and fire hydrants, signal and light poles, signs and any other
appurtenances. The location of the bus drop-off area in the Subject Public Right-of-Way shall in
no event interfere with pedestrian or vehicular traffic, public utilities or result in a safety hazard.
5. Licensee agrees that the bus drop-off area 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 bus drop-off area 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.
2
6. Notwithstanding any other provision in this agreement to the contrary, Licensee
shall immediately remove, at its own expense, said bus drop-off area 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 bus drop-off area interferes with pedestrian or vehicular
traffic, public utilities or constitutes a safety hazard. Any replacement or repair of the bus drop-
off area, 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 bus drop-
off area 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
bus drop-off area 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 bus drop-off area 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 liable for loss of or damage to the bus drop-off area 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
3
commissions from and against any and all claims, suits, judgments, costs, attorney's fees,
damage or other relief, including but not 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. The provisions of this paragraph shall survive any termination
and/or expiration of this agreement.
10. Licensee covenants and agrees to furnish the City with a certificate of insurance
naming the City of Elgin as additionally named insured for the bus drop-off area on the City of
Elgin owned Subject Public Right-of-Way adjacent to 819 West Chicago 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 bus drop-off area. 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 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.
4
11. This license is personal to Licensee. It is non-assignable 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, arise 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 SCHOOL DISTRICT U-46
By By W _.
Ed Schock, Mayor President, Board of Education
Attest: Attest:
4%/e/9
City Clerk
F:\Legal Dept\Agreement\License Agr-U-46 Washington Elementary Bus Drop-off.doc
5
PROPERTY LINE I X «VA Cid
�I �5�,L .�c•,� T v
1 rt. oP
FENCE---' I C II
I 3 .,
,Z) C2"I 44::T '"<�f,4,. 0,G. OD
EXIST.
SOFT
% PLAYGROUND W yi/ 07 GC...-c--•P4 G /4•'-TT+D
_sR6NSFOR ER
NEW ,�\i 3) <OP yii ai 6_v.vG/tvTr
` t' � _ - - x' - virr �. _.F �•Y.r...�,..,.�j. �" � •f I i3„-- - , "N,.s a W/ se6'".:t///L(,--
7
'. ' gi [ I --2...:,........-0 34,,,y/S v- 6:.:0. et...:-.1
/
;/:,
ORIGINAL BUILDINGtu
ADDITION 1990 -
ADDITION 2000 z
H -�77/ - 1893 w
z /
UW jP-1 a II
IZ' c LL FR
ENTRY u
C PAVED - 1,�I11(Il
DELIVERY L__� :'I
AREA ( '
I MOBILE �,�1'
/'7\--(1=1O� CLASSROOM
I PAVED @k.
Y y, I PLAYGROUND t.fZV,aA
>\ i I I
I
"::::- - i \ ki„..,:c.k.,4 -
Aid �
I I I `1 I \
\ I L J Li ± J1 Tic
o it 30 so'
�� 1�,— —.—.—. —.—. —. —._,J \, 10111II',III111 SITE PLAN
04 r, ,
f « ' WASHINGTON ELEMENTARY SCHOOL
\ - GROSS AREA=53,139 S.F.
SERVICE PLANS WASHINGTON ELEMENTARY SCHOOL DAFILQUIST and LUTZOW ARCHITECTS,Ltd.
SCHOOL DISTRICIU-46 819 W. CHICAGO ST., ELGIN, IL 60123 ""'N•"ure' P"0
"°03
`r'"V`llo"
OF F46,
G ,ti City of Elgin Agenda Item No. 1a
400.
April 6, 2007 fir .00i!
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager , ,,,,, ,
Joe Evers, City Engineer <;: ; ,:,d..:,,,;,
SUBJECT: School District U-46 License Agreement
Washington Elementary School, 819 West Chicago Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider signing a License Agreement with the School District U-46 for bus
loading improvements at Washington Elementary School, 819 West Chicago Street.
RECOMMENDATION
It is recommended that the City Council approve the License Agreement with the School District
U-46 and authorize the Mayor to sign it on behalf of the City.
BACKGROUND
School District U-46 wishes to modify the parkway at 819 West Chicago Street in front of the
Washington Elementary School. The modifications include expanding the existing sidewalk for
the purpose of improving the bus drop off and pick up area. The proposed work does not
interfere with pedestrian or vehicular traffic, City public utilities, or result in a safety hazard.
This License Agreement is similar to the one previously approved and signed for the Garfield
Elementary School at 420 May Street.
Attached you will find a location map, Exhibit A, and a copy of the License Agreement, Exhibit
B, for your consideration.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
School District U-46.
r, License Agreement for Washington Elementary School
April 6, 2007
Page 2
f/kFINANCIAL IMPACT
There is no financial impact to the City. School District U-46 bares the responsibility for
maintenance of the modifications.
LEGAL IMPACT
'Vs/V1,1/On behalf of the City, the Legal Department prepared the License Agreement
ALTERNATIVES
1. The City Council may approve the signing the License Agreement with the School
District U-46.
2. The City Council may reject signing the License Agreement with the School District
U-46.
Respectfully submitted for Council consideration.
rib' do
Attachments
rib' EXHIBIT A
WASHINGTON ELEMENTARY SCHOOL
819 WEST CHICAGO STREET
•
t •,
-._...* -..„.- ' e - = J : .-I:1Y:
F ` ' ' ' '
F: -....Pennsylvania Ave. X" CL,: 'co:
rik
•
•
•
. tn, v‘i �+yy., �• r
L'u'tvtIC,84�4 Wit,.
U} ,'s; t j,
•
rG
fl Vis} 51 ..x:"
t •
�[�
•
i7 `:
:C4 . .'0
r >, .
•
t�9= �
Shi.ilr St St1st{t,rcwt '
y C�£kt,-.:',.k
Ljl
EXHIBIT B
CITY OF ELGIN AND SCHOOL DISTRICT U-46 LICENSE AGREEMENT
For
Washington Elementary School at 819 West Chicago Street
,c( OF ft.0
' Memorandum
° § City of Elgin
Y
,oir reuCc�,
DATE: April 12, 2007
TO: M ; • e:al Secretary/Paralegal
FROM: Omar Santos, Enginee I
SUBJECT: c u ; I' ' I -License Agreement for 819 W. Chicago Street
COPY: Ron Rudd, P. ., Engineer II (e-mail)
File
Enclosed find three original .spies of LICENSE AGREEMENT between City of Elgin and
School District U-46 (signed b the Board of Education's President) for modification of public
right of way to create a bus drop- ff area in front of 819 West Chicago Street.
After signed by the City, you can r.turn the originals to me. I will contact School District U-46
representative, Joe Creadon, and deli er two copies to him.
\-*6)°c7Y[\
, )
ell))1)1-
4.,
d 1(.e
C z
7
rd-Q v
/`-e
d
r hcL-
0�