07-2 Resolution No. 07-2
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT
WITH SCHOOL DISTRICT U-46 FOR PUBLIC RIGHT OF WAY IMPROVEMENTS
AT GARFIELD ELEMENTARY SCHOOL
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 with School District U-46 on behalf of the City of Elgin for right of
way improvements at Garfield Elementary School, a copy of which is attached hereto and made a
part hereof by reference.
s/John Walters
John Walters, Mayor Pro Temp
Presented: January 10, 2007
Adopted: January 10, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
LICENSE AGREEMENT
THIS AGREEMENT made and entered into this 23 day of 0 cT, 2006, 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
420 May Street, Elgin, Kane County, Illinois, with such property being legally described as
follows: SEE ATIA -f+N(EI.i-(' , 5"
(INSERT LEGAL DESCRIPTION HERE);
and
WHEREAS, the City is the owner of certain public property in front of 420 May 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
Garfield Elementary School, 420 May 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
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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 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 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 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
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 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.
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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, 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 420 May 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
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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 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, Kane, Cook and
DuPage Counties
By By
d Schock, Mayor President, oard of Education
Attest: Attest:
ity Clerk
F:\Legal Dept\Agreement\License Agr-U-46 Garfield Bus Drop-off.doc
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G`�.4OFECC,ti
¢ § City of Elgin Agenda Item No.
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December 1, 2006 L O,=
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TO: Mayor and Members of the City Council
FROM: Olufemi Folacin, City Manager `—'1 4----)r„t�dntr} Stable
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John Loete, Public Works Dire or C`')' "'V`'""" "'
SUBJECT: U-46 License Agreement for Garfield Elementary School Improvements
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider approving a license agreement with the School District U-46 permitting
them to modify a portion of the public right-of-way in front of Garfield Elementary School, 420
May 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
The School District U-46 wishes to modify the north tree bank at 420 May Street, in front of the
Garfield Elementary School. The modifications will include expanding the existing sidewalk,
and adding some planters. The intension of the sidewalk expansion is to improve the bus drop off
area for the school facilitating the transportation of the students. The proposed work will not
interfere with pedestrian or vehicular traffic, City public utilities, or result in a safety hazard.
Attached is 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
FI ANCIAL IMPACT
There is no financial impact to the City. School District U-46 bears the responsibility for
el'6* maintenance of the modifications.
U-46 License Agreement for Garfield School Improvements
rink December 1, 2006
Page 2
LEGAL IMPACT
Wh)
The Legal Department prepared the license agreement.
ALTERNATIVES
1. The City Council may approve the license agreement with the School District U-46.
2. The City Council may reject the license agreement with the School District U-46.
Respectfully submitted for Council consideration.
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Attachments
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Exhibit A
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Garfield Pementary School
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EXHIBIT B
LICENSE AGREEMENT
Between
rik CITY OF ELGIN and SCHOOL DISTRICT U-46
For
Modification of Public Right-of-Way
In front of
Garfield Elementary School , 420 May Street
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ATTACHMENT A
SITE PLAN
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4.11 61.1 rieq•r
PLT CSF BURVEY
G E1. 17 sNTarz1 se.Hoat.
OF THAT PART OF LOTS 13 THROUGH 22 INCLUSIVE, IN BLOCK 1 OF GROTE AND
WALDRON' S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 89 DEGREES 40 MINUTES 09
SECONDS WEST, ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 375. 02
FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 12 DEGREES 18
MINUTES 45 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID BLOCK 1, A
DISTANCE OF 260. 69 FEET TO THE NORTHWEST CORNER OF LOT 15; THENCE NORTH
82 DEGREES 29 MINUTES 11 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT
15, A DISTANCE OF 154 . 61 FEET TO A LINE THAT IS 14 . 00 FEET, AS MEASURED
ALONG THE SOUTH LINE OF SAID LOT 15, WESTERLY OF THE SOUTHEAST CORNER OF
SAID LOT 15 AND PASSES THROUGH THE NORTHEAST CORNER OF LOT 14; THENCE
NORTH 10 DEGREES 32 MINUTES 54 SECONDS WEST, ALONG SAID LINE, A DISTANCE
OF 13 . 00 FEET; THENCE NORTH 82 DEGREES 29 MINUTES 11 SECONDS EAST,
PARALLEL WITH THE NORTH LINE OF SAID LOT 15, A DISTANCE OF 5 . 57 FEET TO
THE EAST LINE OF SAID LOT 14 FOR A POINT HEREINAFTER REFERRED TO AS
POINT "A"; THENCE SOUTH 16 DEGREES 47 MINUTES 02 SECONDS EAST, ALONG THE
SAID EAST LINE OF LOT 14, A DISTANCE OF 9 . 85 FEET TO A LINE THAT IS
PARALLEL WITH THE SOUTH LINE OF LOT 13 AND IS 10. 00 FEET, MEASURED
PARALLEL WITH THE EASTERLY LINE OF SAID BLOCK 1, SOUTHEASTERLY OF
AFORESAID POINT "A"; THENCE NORTH 82 DEGREES 29 MINUTES 11 SECONDS EAST,
PARALLEL WITH THE SAID SOUTH LINE OF LOT 13, A DISTANCE OF 158 . 17 FEET
TO THE EASTERLY LINE OF SAID BLOCK 1; THENCE SOUTH 21 DEGREES 03 MINUTES
14 SECONDS EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 318 . 79 FEET TO
THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS AND CONTAINING 2 .23 ACRES MORE OR LESS.
STATE OF ILLINOIS)
COUNTY OF KANE ) SS
THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE
DESCRIBED PROPERTY WITH THE LOCATION OF THE SCHOOL BUILDING AND THAT THE
PLAT HEREON DRAWN CORRECTLY REPRESENTS SAID SURVEY AND THAT TO MY
KNOWLEDGE ALL ENCROACHMENTS ARE SHOWN.
BU' I'GE AND WESTPHAL, INC.
,i
I�INOIS REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 035-002518
JULY 20, 1990