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12-106
Resolution No. 12-106 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH ST. PAUL'S UNITED CHURCH OF CHRIST (4600 Plank Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with St.Paul's United Church of Christ for installation of drain tile along the easterly property line of Jack E. Cook Regional Park for the purpose of stormwater drainage,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 13, 2012 Adopted: June 13, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk LICENSE AGREEMENT BETWEEN THE CITY OF ELGIN AND ST. PAUL'S UNITED CHURCH OF CHRIST This License Agreement (hereinafter the "Agreement") is made and entered into at Elgin, Illinois this 13th day of June 2012, by and between the City of Elgin, an Illinois municipal corporation (hereinafter the "the City") and St. Paul's United Church of Christ, an Illinois not-for-profit corporation, (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 12N268 Switzer Road, Elgin Illinois (hereinafter referred to as "Licensee's Property"); and, WHEREAS, the City is the owner of certain real property located immediately west of and adjacent to the Licensee's Property, said property being commonly known as the Jack E. Cook Regional Park, 4600 Plank Road, Elgin, Illinois (hereinafter referred to as the "City Property"); and, WHEREAS, the City Property is subject to certain use restrictions and covenants imposed by the Illinois Department of Natural Resources (IDNR) as a condition to the IDNR grant that was utilized to assist in the purchase of the City Property; and, WHEREAS, Licensee desires to utilize a portion of the City Property for the installation of drain tile along the easterly property line of the City Property for the purpose of stormwater drainage from the Licensee's Property to Pingree Creek. The portion of the City Property to be used by Licensee consists of a strip of land measuring twelve feet (12') in width and approximately two thousand five hundred sixty-nine feet (2,569') along said easterly property line, as depicted on Exhibit 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 subject to all existing and any future utility easements, if any, located within the City Property, or any other easements, conditions, covenants or restrictions of record. 3. Term. This Agreement and the License granted to Licensee hereunder shall commence as of the date of this Agreement and shall continue for a term of twenty (20) years from the date first stated above unless terminated in accordance with the terms of this Agreement. Unless this Agreement has been otherwise terminated, at the expiration of the initial twenty-year term, or any successive terms, this Agreement shall automatically renew for successive terms of five (5)years on the same terms and conditions as the initial term. 4. Consideration. The consideration to be paid by Licensee to the City for the privilege granted by this Agreement shall be Ten Dollars ($10.00), the receipt of which is hereby acknowledged by the City. 5. No Interest in Land. Licensee understands, acknowledges and agrees that this Agreement does not create an interest or estate in Licensee's favor in the City Property. The City retains legal possession of the full boundaries of its right-of-way and this Agreement merely grants to Licensee the personal privilege to use the Encroachment Area described above throughout the term of this Agreement. 6. No Vested Right. Notwithstanding any expenditure of money, time and/or labor by Licensee on or within the Encroachment Area, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of Licensee. Licensee shall expend any time, money or labor on or in the Encroachment Area at Licensee's own risk and peril. 7. Limited Scope of License. The License granted to Licensee is limited in scope to the following use or uses, and subject to the following conditions: Installation and maintenance of drain tile in the portion of the City Property depicted on Exhibit B for the purpose of collecting and conveying surface water runoff from the Licensee's Property to Pingree Creek. Licensee shall further ensure that the drain tile is designed and installed in such a manner as to collect and convey the surface water runoff from that parcel of real property located two lots to the north of Licensee's Property, on which property a landscaping company is currently located, said property commonly known as 12N442 Switzer Road, Elgin, Illinois, Permanent Index Number 05-11-300-041. Licensee shall not have the right to expand the Encroachment Area or alter or change Licensee's use of the Encroachment Area without the City's prior written consent. 2 8. Non-Transferability of License. The License granted to Licensee by this Agreement is a mere personal privilege granted by the City to Licensee, and is neither transferable nor assignable by Licensee without the City's prior written consent. 9. Termination. This Agreement and the License herein granted to Licensee 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. 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 3 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. 12. Construction and Maintenance. Licensee agrees that the improvements described herein shall be installed, constructed 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. Following the construction or installation of the improvements by Licensee, the Licensee shall restore the City Property to the same condition as existed prior to any such construction or installation. In addition, Licensee shall repair any existing farm tile should any such farm tile be damaged as a result of the installation of the Licensee's improvements. During the term of this Agreement, Licensee shall, at Licensee's sole cost and expense, maintain the improvements within the Encroachment Area in good condition and in compliance with any applicable requirements of law and the terms of the Agreement, and shall further perform any maintenance of the Encroachment Area that is required as a result of the Licensee's improvements. The City shall otherwise retain responsibility for the routine maintenance of the Encroachment Area. The City shall be the sole judge of the quality of the construction and maintenance and, upon written notice of the City stating in general terms how and in what manner maintenance is required, Licensee shall be required to perform such maintenance. If Licensee fails to do so, then the City shall have the right to perform such maintenance, 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 maintenance. 13. Compliance with Law. Licensee shall adhere to and comply with all ordinances, laws, rules and regulations that may pertain to or apply to the Encroachment Area and the Licensee's use thereof. Licensee agrees and warrants that it has procured or shall procure any licenses, permits or like permission required by law, if any, to conduct or engage in the use of the Encroachment Area described herein, that Licensee will procure all additional licenses, permits or like permission hereinafter required by law during the term of this Agreement, and that Licensee will keep the same in full force and effect during the term of this Agreement. Licensee shall perform under this Agreement in accordance with all applicable legal requirements. 14. Compliance with IDNR Restrictions and Conditions. Any other term or provisions of this Agreement notwithstanding, Licensee shall adhere to and comply with all of the terms, conditions and restrictions required by the IDNR that may pertain to or apply to the City Property and the Licensee's use thereof, as existing and as may heretofore be modified or amended from time to time. A copy of the IDNR terms, conditions and restrictions is attached hereto as Exhibit C, which is attached to and incorporated into this Agreement by this reference. In addition, Licensee shall adhere to and comply with all of the terms, conditions and restrictions of the "Declaration of Use Restriction and Covenants on 4 Property Deed," recorded with the Kane County Recorder on September 25, 2008 as Document No. 2008K074864. 15. Indemnification. To the fullest extent permitted by law, Licensee agrees to indemnify, defend and save the City, its officers, agents, servants, employees, boards and commissions harmless from and against: a. Damage to Licensee's Property. Any and all claims, loss or damage (including reasonable attorney's fees) to the Licensee's encroaching improvements 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, by any cause whatsoever. b. Damage to Others. Any claims, suits,judgments, costs, attorney's fees, loss, liability, damage or other relief, including but not limited to Workers' Compensation claims, to any person or property in any way resulting from or arising out of the existence of this Agreement and/or the existence, maintenance, use or location of Licensee's encroaching improvements within the City Property. In the event of any action against the City, its officers, agents, servants, employees, 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. c. Mechanic's Lien. Any loss, liability, claim or suit arising from the foreclosure, or attempted foreclosure, of a mechanic's or materialmen's lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee's property. Such indemnification shall include the City's reasonable attorney's fees incurred in connection with any such loss, claim or suit. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 16. 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. In the event any legal action is brought by the City for the enforcement of any of the obligations of Licensee related to or arising from this Agreement and the City is the prevailing party in such action, the City shall be entitled to recover from Licensee reasonable interest and attorney's fees. 17. 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: 5 To the City: To the Owner: City Engineer St. Paul's United Church of Christ City of Elgin P. O. Box 5202 150 Dexter Court Elgin, IL 60121-5202 Elgin, IL 60120-5555 With a copy to: With a copy to Corporation Counsel St. Paul's United Church of Christ City of Elgin 12N268 Switzer Road 150 Dexter Court Elgin, IL 60124 Elgin, IL 60120-5555 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. 18. 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. 19. 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. 20. 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 drafter of the same by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 21. Severability. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable, for any reason,the remainder of this Agreement shall remain in full force and effect. 22. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this License agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 23. References in Agreement. All references in this Agreement to the singular shall include the plural where applicable, and all reference to the masculine shall include the feminine 6 and vice versa. If either reference shall be declared invalid, such decision shall not affect the validity of any remaining portion that shall remain in full force and effect. 24. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 26. Binding Agreement on Parties. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. 27. Assignment. This Agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto. The License granted herein is personal to Licensee. Any attempt to assign this License will automatically terminate the license privileges granted to Licensee hereunder. 28. Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 29. Modification. This Agreement may be changed, modified or amended only by a duly- authorized written instrument executed by the parties hereto. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly-authorized and executed amendment hereof. 30. Authority of the City. This Agreement is authorized pursuant to section 13.04.130 of the Elgin Municipal Code, 1976 as amended. SIGNATURE PAGE FOLLOWS 7 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: �• Cit Manager ATTEST: City Clerk [INSERT NAME OF LICENSEE] By: Name: Its: (-4Ukc>f - otjYciL Attest: %, Phu Li S uMl reP cd a l-c# i^ cAkar 8 Exhibit A (Legal Description of Licensee's Property) THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 1/2; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF 953.03 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE CENTER LINE OF PLANK ROAD; THENCE EASTERLY ALONG SAID CENTER LINE OF PLANK ROAD TO THE INTERSECTION OF THE CENTER LINE OF PLANK ROAD WITH THE CENTER LINE OF SWITZER ROAD; THENCE NORTHERLY ALONG THE CENTER LINE OF SWITZER ROAD 350.0 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF PROPERTY DESCRIBED IN A DEED RECORDED AS DOCUMENT 1998149, BEING A LONG FORMING AN ANGLE OF 90 DEGREES WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 789.61 FEET TO THE POINT OF BEGINNING, IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. 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PLAT AMT' -11 a-6.n TlM cnyd Eywa �NLAN PFILF SI.Paula Un til Chullid CLrw 0!MOPERTY:OwneO by the City of EI9�n on Plmk Re.E12N2685wltar llq•0 ACCOUNT NO.10.0305.220 00706-FE Mq EIENL 11.60129 EXHIBIT B Illinois Department of Natural Resources Pe Q,,,Clovam One NOW Reeq=way Sp&Odd,Illinois 62702-1271 MM Mft Director Al hVV1dtushteAUS Terms for Land Use Permits/Licenses/Agreements on OSLAD/LWCF Lands In general, all land use permits, licenses and/or agreements granted on OSLAD / LWCF assisted park lands must meet the following conditions: 1. They must be: revocable in the event of non-compliance by the grantee, nontransferable, and subject to the terms & conditions of the original deed of conveyance of the property to the owner (local project sponsor / recreation agency). 2. They must be compatible with and not interfere in any way with the recreation utility of the land. 3. They must clearly define the length of the permit/license/agreement, renewal procedures, if applicable, and conditions for termination. 4. They should define any special performance requirements required by the grantee. 5. The grantee must agree to restore all property to its original or pre-construction condition, if the property is damaged during the course of construction, routine inspection and regular or emergency maintenance. Questions regarding the granting of permits/licenses/agreements, etc. on OSLAD/LWCF lands should be directed to the DNR, Division of Grant Administration @ 217/782-7481. 14YLand Use Permit Instructions Exhibit C Print Page 1 of 1 Subject: Fwd: certificate of insurance From: MYRON MEGLIN (mhm611 @wowway.com) To: stpauls4me @yahoo.com; Date: Sunday, June 10, 2012 9:37 PM Linda, Please print two copies of this e-mail for me. Thanks, Myron This certificate has been ordered...it will be mailed to City Hall to the attention of the city engineer, a copy to your e mail as well... You should receive it some time today...tomorrow for sure. Let us know if we can be of further assistance. Pat Stein,CIC Illinois Conference Agent Insurance Board 815-635-1139 pastein48@frontier.com t If&2& INSURANCE BOARD Partners in Protection UCC t Discipies e Fresbyreriar http://us.mg4.mail.yahoo.com/neo/launch 6/11/2012 Print Page 1 of 1 Subject: Fwd: -Your Certificate of Insurance Request for(V013700) St. Paul UCC-Willis:-5767997- From: MYRON MEGLIN (mhm611 @wowway.com) To: stpauls4me @yahoo.com; Date: Sunday, June 10, 2012 9:40 PM L:inda, Please print two copies of this e-mail along with the attachment for me. Thanks, Myron ** PLEASE DO NOT RESPOND TO THIS MESSAGE. ** This message was sent by the Willis certificate system. We trust this document is issued in compliance with your needs. However, if you have any questions or wish to discuss it in any way,please do not hesitate to contact us. Thank you, Willis North America, Inc. Phone: 877-945-7378 Fax: 888-467-2378 Email: certificates @willis.com For information pertaining to Willis'email confidentiality and monitoring policy,usage restrictions,or for specific company registration and regulatory status information,please visit http://www.willis.com/email_trailer.aspx We are now able to offer our clients an encrypted email capability for secure communication purposes. If you wish to take advantage of this service or learn more about it,please let me know or contact your Client Advocate for full details. —W67897 http://us.mg4.mail.yahoo.com/neo/launch 6/11/2012 A CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 06i`0��2012' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Ohio, Inc. PHONE FAX c/o 26 Century Blvd. 877-945-7378 888-467-2378 P. O. Box 305191 E-MAIL certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Lexington Insurance Company 19437-002 INSURED (V013700) St. Paul UCC INSURER B: P.O. Box 5202 INSURER C: Elgin, IL 60121-5202 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:18006457 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DD' SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS WVp A GENERAL LIABILITY y 11237056 & 048409888 10/1/2011 10/1/2012 EACHOCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ 500,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 2,000,000 GENERALAGGREGATE $ 4,000,000 GENIAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,000 $I POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE AUTOS HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION W ATU- H- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECU I IVE Y❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ fT yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space is required) Re: Lane usage for drain tile to accomodate new church site @ 40 W Plank Rd., Elgin, I1 60124. The City of Elgin is an Additional Insured with respects to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Elgin AUTHORIZED REPRESENTATNE Attn: City Engineer 150 Dexter Ct. Elgin, IL 60120-5555 Coll:3755876 Tpl:1347073 Cert: 80 64 ©1988-2010ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD This endorsement, effective: 10/1/2011 Forms a part of Policy No.: 11237056&048409888 Issued to: The United Church Purchasing Group of Colorado By: Lexington Insurance Company ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT ENDORSEMENT A. Section II—Who is an Insured is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence"of the"bodily injury' or"property damage". B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. This insurance provides coverage with regard to COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I —coverages only.) 2. The person or organization is only an additional insured with respect to liability arising out of"your work", "your product", or your operations. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of insurance required by the written contract or written agreement. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 4. This insurance does not apply to"bodily injury"or"property damage"arising out of"your work", "your product", or your operations included in the "product-completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. 5. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis, unless the written contract or written agreement with additional insured specifically requires that this insurance be primary and non-contributory with any other insurance carried by the additional insured. In such case, this insurance shall be primary and non-contributory with any other insurance carried by the additional insured. C. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any"occurrence"which may result in a claim,forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Failure to comply with this provision may, at our options, result in the claim or"suit" be denied. All other terms and conditions of the policy remain the same. Authorized Representative