HomeMy WebLinkAboutRESOLUTION - 10-00 - 3/28/2000 - LICENSE AGREEMENTRESOLUTION NO. 10-00
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN SHINNYO-EN U.S.A.
AND THE VILLAGE OF ELK GROVE VILLAGE (120 E. DEVON AVENUE)
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DUPage, State of Illinois as follows:
Section 1: That the Village President be and is hereby
authorized to sign the attached documents marked:
LICENSE AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully
set forth and the Village Clerk is authorized to attest said
documents upon the signature of the Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: 6 NAYS: 0
PASSED this 28th day of
APPROVED this 28th day of
ATTEST:
Ann I. Walsh
Village Clerk
ResLicenseAgmtShinnyoEn.doc
ABSENT: 0
March 2000.
March 2000.
B. Johnson
Village President
RECEIVED
MAR 0 7 2000
Agreement by
LICENSE
and between
AGREEMENT
SHINNY0-EN U.S.A.
ELK GROVE VILLAGE
ENGIN AINGF'MEN�
OpMWN1N
the
(hereinafter referred to as "LICENSOR"), AND THE VILLAGE OF ELK
GROVE VILLAGE, an Illinois Municipal Corporation (hereinafter
referred to as "LICENSEE").
W I T N E S S E T H:
WHEREAS, LICENSOR is the legal owner of real estate (the
"PREMISES") legally described in Exhibit A, attached hereto; and
WHEREAS, LICENSEE is the owner of a municipal water system
which will provide potable water to the PREMISES; and
WHEREAS, in order to provide such water service it is
necessary for the LICENSEE to enter upon the PREMISES from time
to time for the purpose of enforcing the Village's Water
Ordinance (Elk Grove Village Municipal Code - Chapter 22A),
NOW, THEREFORE in consideration of the mutual promises,
covenants and conditions hereinafter set forth, LICENSOR and
LICENSEE agree as follows:
1. LICENSEE shall have the right to enter upon the
PREMISES to connect or thereafter terminate the water supply or
for such other purposes as the LICENSOR shall expressly permit,
said right of entry for termination purposes to be occasioned
and limited to the following:
A. LICENSOR failing to pay its water bill to
LICENSEE within thirty (30) days after written
notice of LICENSOR's failure to pay such bill;
B. LICENSOR's failure to correct any unmetered water
leakage on the PREMISES within forty-eight (48)
hours after being notified of same by the
LICENSEE;
C. Termination of this Agreement.
2. LICENSOR shall be responsible for any maintenance or
repair to the water service located on the PREMISES as required
by Village Code.
3. All rights, obligations and licenses herein granted
shall extend to or be binding on the assigns, lessees, agents,
employees and successors in interest of LICENSOR and LICENSEE.
4. Attornevs' Fees. Any party may enforce this Agreement
by appropriate action, and, should it prevail in such
litigation, it shall recover as part of its costs reasonable
attorneys' fees and expenses.
5. This License shall commence immediately upon its
execution by the parties hereto and shall be for a perpetual
duration subject to the condition that either party may
terminate this Agreement upon sixty (60) days written notice to
the other.
6. Notice. All notices shall be in writing and shall be
sent by certified or registered mail, return receipt requested,
postage prepaid and addressed to such party at the following
listed address unless otherwise directed:
A. To LICENSOR:
SNINNYO-EN U,S,A,
2220 S UMM rr 1DR tvE
BURL11VGAME, CA
94010
B. To LICENSEE: Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
7. Completeness. The making, execution and delivery of
this Agreement by the LICENSEE has not been induced by any
representation, statement, warranty or agreement other than
that herein expressed. This Agreement embodies the entire
understanding of the parties and there are no other agreements
or understandings, written or oral, in effect between the
parties relating to the subject matter hereof. This instrument
may be amended or modified only by written instrument signed by
the duly authorized officers of the respective parties.
IN WITNESS WHEREOF, the parties hereto set forth their
signs and seals this _3 day of JULY , 19 99
LICENSOR:
SHINNYO-EN U.S.A.
By: YUKIO TAJIRI
Its : _—SECRETARY
ATTEST:
-3-
"OFFICIAL SEAL'
SARAN B. PABRIAGA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11/14/99
LICENSEE:
VILLAGE OF ELK GROVE VILLAGE
Bv: Craig B. Johnson
Its: Village President
ATTEST:
Ann I. Walsh
Village Clerk
EXHIBIT A
THE WEST 326 FEET OF LOT 1 IN WILLIAM LUMPPS DEVON AVENUE FARMS SUBDIVISION
OF PART OF THE SOUTH 1/4 OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF THE LAND TAKEN IN
CONDEMNATION CASE NO. 731-9092), IN COOK COUNTY, ILLINOIS.
P.I.N. No. 08-33-301-015