08-0709 355 E. Chicago Street Parking c-os-o a-
JUL 1 1 2008
`�,ofez
*_ �ti Memorandum
g = City of Elgin By --
°Ra TED 40'
Date: July 11, 2008
To: Diane Robertson, City Clerk
From: Christopher J. Beck, Assistant Corporation Counsel
Subject: License Agreement Between the City of Elgin and School District U-46
Gifford Street High School Parking Stalls
Attached for the city clerk's files is a fully executed copy of the above-referenced license agreement.
Please do not hesitate to contact me with any questions or concerns.
CAI3
CJB
Attachment
License Agreement
LICENSE AGREEMENT
THIS AGREEMENT made and entered into this 7 y of ckf , 2008, 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 355
East Chicago Street, Elgin, Kane County, Illinois, with such property being described as Gifford
Street High School (the "Subject Property"); and
WHEREAS, the City is the owner of certain public property adjoining the Subject
Property consisting of the public right-of ways, commonly known as Chapel Street and DuPage
Street(hereinafter referred to as the "Subject Public Right-of-Ways"); and
WHEREAS, Licensee desires to modify a portion of the Subject Public Right-of-Ways to
install diagonal parking stalls along the Subject Public Right-of-Ways.
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-Ways adjoining
Gifford Street High School, 355 East Chicago Street, Elgin, Kane County, Illinois, for the
purpose of installing diagonal parking stalls in the locations on the public right-of-ways 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 Subject Public Right-of-Ways only pursuant to the
specific written authorization of the City's Public Works Director, and at such time and manner
as is designated by the Public Works Director. The written authorization for the modifications to
the Subject Public Right-of-Ways shall, among other items, provide for the minimum distances
between the parking stalls and any sidewalks, streets and fire hydrants, signal and light poles,
signs and any other appurtenances. The location of the parking stalls in the Subject Public
Right-of-Ways shall in no event interfere with pedestrian or vehicular traffic, public utilities or
result in a safety hazard.
5. Licensee agrees that the parking stalls and parking areas 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. Licensee further agrees
that it shall be responsible for all snow removal from or relating to the parking stalls and parking
areas, as well as the sidewalks abutting the Subject Public Right-of-Ways. 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 parking stalls shall be removed from the Subject Public
Right-of-Ways immediately upon receipt of instructions from the Public Works Director for the
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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 parking stalls.
6. Any other provision in this Agreement to the contrary notwithstanding, Licensee
shall immediately remove, at its own expense, said parking stalls 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-Ways, or in the event the City
determines that the parking stalls interfere with pedestrian or vehicular traffic, public utilities or
constitutes a safety hazard. Any replacement or repair of the parking stalls, 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 parking stalls and restore the
Subject Public Right-of-Ways 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
parking stalls from the Subject Public Right-of-Ways 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 parking stalls and restore the Subject Public Right-of-Ways 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 parking stalls 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
parking stalls 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 parking stalls on the Subject Public Right-of-Ways. 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 parking stalls on the City of Elgin
owned Subject Public Right-of-Ways adjacent to the Subject Property, 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
parking stalls and parking areas. The amounts of such insurance shall be as follows:
Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage:
$500,000 per occurrence; $1,000,000 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,
4
•
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-Ways, 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
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By ti� _ _ By �- —
Olufemio .liaanager President, Boar3 of Education
Attest: Attest: '
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City Clerk cretary, Boar of tducation
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PLAN REVISION DATE,MARCH 24,2008
FENCE DETAIL-'MONTAGE. rcv^s SPGG,PILIArJONY 02-06-257
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June 5, 2008
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TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
RuthAnne Hall,Neighborhood Services Committee
SUBJECT: Amendment to Chapter 11 of the Elgin Municipal Code, Entitled "Vehicles and
Traffic"
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a recommendation from the Neighborhood Services Committee to
amend Chapter 11 "Vehicles and Traffic."
RECOMMENDATION
It is recommended that the City Council approve this amendment to Chapter 11 "Vehicles and
Traffic"as provided by the Neighborhood Services Committee at a cost of$1,698.
BACKGROUND
School District U-46 has submitted plans for parking improvements to their Administrative
Building at 355 E. Chicago Street, including the adjacent on-street parking. The Neighborhood
Services Committee (NSC) reviewed their initial request on December 13, 2006 and
recommended changes that are reflected in the plans attached and requested that the School
District contact the neighborhood group and adjacent neighbors to discuss their plans. The
revised plan was resubmitted for consideration on October 22, 2007. At that time, the School
District submitted a survey of the seven (7) residential properties affected on Chapel Street, of
which six (6) responded in favor of the revision and one (1) responded against the proposed
revision.
The proposed parking improvements to the adjacent on-street parking include the addition of
eight(8) on-street parking stalls through the following:
• Removal of parallel parking along the north and south side of DuPage Street
• Removal of parallel parking along the east and west side of Chapel Street
• Addition of 25 diagonal parking spaces along the north side of DuPage Street and a
defined bus lane on the northwest corner
• Addition of 21 diagonal parking spaces along the east side of Chapel Street
Amendment to Chapter 11 of the Elgin Municipal Code
June 5, 2008
Page 2
The NSC recommended approval at that time under the condition that the plans be submitted for
review and approval by the Planning and Engineering Departments and the following
considerations are taken into account:
• The loading zone located on the northwest corner of Chapel and DuPage Streets must
be maintained for the LaRoca Grocery Store
• A license agreement should be entered into which stipulates that School District U-46
will maintain the diagonal parking and will be responsible for snow removal
Engineering staff has notified the applicant and the NSC that the plans have been tentatively
approved. The final a=proval is contingent on the submittal of the license agreement hyo the
School District and a slight modification to the plans to depress the curb along the diagonal
parking stalls on Chapel and DuPage Streets and indent the parking stalls an additional two (2)
feet to maintain the width of the existing roadway. It is the intent of the School District to meet
these requirements and begin construction for the on-street parking improvements on June 4,
2008. They are estimating three (3) weeks for construction time for the on-street parking
improvements. Once that work is completed, they will begin work on improvements to their
parking lot. The project is estimated to be completed on or before August 1, 2008.
NSC has reviewed the following request brought forth by School District U-46 and is
recommending that they be approved as amendments to Chapter 11 "Vehicles and Traffic."
• No Parking (11.60.050) — South side of DuPage Street from Gifford Street to Chapel
Street
• No Parking (11.60.050) — West side of Chapel Street from E. Chicago Street to the
Loading Zone on the southwest corner of Chapel and DuPage Streets
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Gifford Park Association
FINANCIAL IMPACT
Materials have been purchased and are available within the Public Works sign inventory. The
total cost for material and installation of four(4) no parking signs on Chapel and DuPage Streets
is $600. The account number used to charge these traffic control materials purchases is 010-
3321-753.19-08 General Fund, Traffic Signals Division. The budget is $65,000 and sufficient
funds are on hand($50,640)to make additional purchases if needed.
Amendment to Chapter 11 of the Elgin Municipal Code
June 5, 2008
Page 3
LEGAL IMPACT
None
ALTERNATIVES
1. The Council may choose to accept the recommendations of the Neighborhood Services
Committee to amend the subject ordinance.
2. The Council may choose to reject the recommendations of the Neighborhood Services
Committee to amend the subject ordinance.
Respectfully submitted for Council consideration.
RKH
Attachments