12-0627 School District U-46 ROW RIGHT-OF-WAY ENCROACHMENT
LICENSE AGREEMENT
This Right-of-Way Encroachment License Agreement (hereinafter the "Agreement") is
made and entered into at Elgin, Illinois this 21+h day of 3i (Art'� , 2012,
by and between the City of Elgin, an Illinois municipal corporatio (hereinafter the "the City")
and Board of Education for School District U-46, Counties of Kane, DuPage and Cook, Illinois,
a body politic and corporate(hereinafter the"Licensee").
Recitals
WHEREAS, Licensee is the record titleholder and responsible for the maintenance of
certain real property located within the City of Elgin, County of Kane, State of Illinois, legally
described on Exhibit A, attached hereto and incorporated herein by this reference, said property
being commonly known as Channing Memorial Elementary School facility, in the City of Elgin,
Illinois (hereinafter referred to as"Licensee's Property"); and,
WHEREAS, the City is the owner of certain real property located northeasterly of and
adjacent to the Licensee's Property, said property being commonly known as Channing Park, 35
Rugby Place, Elgin, Illinois (hereinafter referred to as the"City Property"); and,
WHEREAS, Licensee desires to utilize a portion of the City Property for the installation
of parking stalls and landscaped areas in certain sections of said City Property within or adjacent
to the Licensee's Property. The portion of the City Property to be used by Licensee consists of a
strip of land measuring approximately twelve and five/tenths feet (12.5') in width on the west
end of said strip of land, approximately sixteen and zero/tenths feet (16.0') in width on the east
end of said strip of land, and approximately three hundred twenty-nine feet (329') in length,
along a portion of the northerly property line of the City Property adjoining the existing parking
lot on the Licensee's Property, as depicted on Exhibits B, which is attached to and incorporated
into this Agreement by this reference(hereinafter the"Encroachment Area"); and,
WHEREAS, the City has agreed to grant to Licensee a temporary and non-exclusive
personal privilege to use the Encroachment Area described above, all in accordance with and
subject to the terms, conditions and limitations of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations
contained herein and other good and valuable consideration received by each party, the
sufficiency of which is hereby acknowledged,the parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this
Agreement in their entirety.
2. Grant of License. The City hereby grants to Licensee a temporary and non-exclusive
personal privilege and permission to enter upon the City Property and to use the
Encroachment Area described above (hereinafter the "License"), subject, however, to the
terms, conditions and limitations of this Agreement. The License herein granted shall be
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a. Recording of Notice of Termination. Upon termination of this Agreement, the City
may cause to be recorded with the County Recorder of Kane County, Illinois, a
written Notice of Termination.
b. No Compensation to Owner. In the event of termination of this Agreement, Licensee
shall not be entitled to receive a refund of any portion of the consideration paid for
this Agreement, nor shall Licensee be entitled to any compensation or reimbursement
for any costs or expenses incurred in any way arising from this Agreement or relating
to the construction, installation, maintenance and/or removal of improvements in the
Encroachment Area, nor any monetary damages of any kind whatsoever.
10. Permanent Removal of Encroachments upon Termination. At such time as this
Agreement and the License herein granted to Licensee is terminated, Licensee shall, at
the option of the City, remove, at Licensee's sole cost and expense, any and all
encroachments or improvements owned or maintained by Licensee in the City Property.
Any other provision of this Agreement to the contrary notwithstanding, Licensee shall
immediately remove, at its sole cost and expense, any such encroachments in the event
that the City determines that such removal is necessary or convenient for the installation,
repair or replacement of any utilities or other public improvements in the City Property,
or in the event that the City determines that any such encroachments interfere with
pedestrian or vehicular traffic, public utilities, or constitute a safety hazard. Any
replacement or repair of such encroachments shall be at the sole cost and expense of the
Licensee. If the Licensee fails to exercise its duties under this paragraph, the City shall
have the right to remove the encroachments or improvements and restore the City
Property, the full and complete cost of which shall be borne by Licensee. Licensee
covenants and agrees to reimburse the City its full cost and expense for any such removal
and/or restoration.
11. Insurance. Licensee shall maintain at all times during the term of this Agreement, at
Licensee's sole cost, a policy or policies of comprehensive general liability coverage on
an occurrence basis from an insurance company licensed with the State of Illinois or
other insurer approved by Licensee with at least $1,000,000.00 single limit coverage on
all risks. Such policy or policies shall provide that the coverage afforded thereunder shall
not be canceled, terminated or materially changed until at least thirty (30) days written
notice has been given to the City. Licensee shall name the City as co-insured and shall
furnish the City with duplicate policies or certificates evidencing insurance in force as
required herein prior to utilizing the Encroachment Area. Evidence of payment of
premiums shall be delivered to the City at least thirty (30) days prior to the expiration
dates of each existing insurance policy. This insurance 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; alternatively, if the insurance states that it is excess or prorated,
it shall be endorsed to be primary with respect to the City.
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The provisions of this paragraph shall survive any termination and/or expiration of this
Agreement.
15. Breach and Limitation on Damages. If either party violates or breaches any term of this
Agreement, such violation or breach shall be deemed to constitute a default, and the other
party shall have the right to seek such administrative, contractual or legal remedies as
may be suitable for such violation or breach; provided,however, that in no event shall the
City be liable to Licensee for monetary damages of any kind relating to or arising from
any breach of this Agreement, and that no action of any kind shall be commenced by
Licensee against the City for monetary damages.
16. Notices. Any notice required or permitted under this Agreement shall be in writing and
shall be sufficient if personally delivered or mailed by certified mail, return receipt
requested, addressed as follows:
To the City: To the Owner:
City Engineer Director, Plant Operations
City of Elgin Illinois School District U-46
150 Dexter Court 355 East Chicago Street
Elgin, IL 60120-5555 Elgin, IL 60120
With a copy to: With a copy to:
Corporation Counsel Franczek Radelet P.C.
City of Elgin 300 South Wacker Drive
150 Dexter Court Suite 3400
Elgin, IL 60120-5555 Chicago, IL 60606
Notices mailed in accordance with the provisions of this paragraph shall be deemed to
have been given on the third business day following mailing. Notices personally
delivered shall be deemed to have been given upon delivery.
17. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a
joint venture, partnership, employment, or other agency relationship between the parties
hereto.
18. No Personal Liability. No official, director, officer, agent or employee of the City shall
be charged personally or held contractually liable under any term or provision of this
Agreement, or because of their execution, approval or attempted execution of this
Agreement.
19. Joint and Collective Work Product. This Agreement is and shall be deemed and
construed to be a joint and collective work product of the City and Licensee, and as such,
this Agreement shall not be construed against any other party as the otherwise purported
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IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized representative as of the day and year first above written.
CITY OF ELGIN
By: " / Yi
6 anag er
ATTEST:
AU-brA&b/i4A
City Clerk
Illinois School District U-46
By: '11j7
Name: Jeffrey King
Its: Chief Operations Officer
Attest:
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Exhibit B
Encroachment Area
Sheet 1 —Encroachment Area on Site Plan
Sheet 2—Encroachment Area Detail
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(Exhibit B-Sheet 2 b eTAi/-
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