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Home My WebLink AboutRESOLUTION - 35-97 - 7/22/1997 - LICENSE AGREEMENT/LANDMEIER RD LIMITEDRESOLUTION NO. 35-97 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LANDMEIER ROAD LIMITED PARTNERSHIP (LANDMEIER STATION, 900 LANDMEIER ROAD) 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. ATTEST: VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 22nd day of July , 1997. APPROVED this 22nd Patricia S. Smith Village Clerk day of July , 1997. ;raig B. Johnson Village President r LICENSE AGREEMENT Agreement by and between the LANDMEIER ROAD LIMITED PARTNERSHIP (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 I notice of LICENSOR's failure to pay such bill; t 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. Attorneys' 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: LANDMEIER ROAD LIMITED PARTNERSHIP c/o North West Housing Partnership 5999 New Wilke Road, Suite 404 Rolling Meadows, IL 60008 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 12th day of LICENSOR: LANDMEIER ROAD LIMITED PARTNERSHIP WHP D velopment Corporation II, ener 1 Part er �, ` BY: K'(c/%/zil` f , Its: President ATTZST; N/A Assistant Secretary -3- 19 97 LICENSEE: VILLAGE OF ELK GROVE VILLAGE By: Craig B. Johnson Its: Villaoe President ATTEST: Patricia S. Smith Village Clerk T LEGAL DESCRIPTION 900 Landr 2r Road Elk Grove Village, IL C=XHi E3.T /cN, 1r: ALTA/AGSM LA/VD TILE SURVEY of IIIAT PART OP THE EAST HALF OF THE %%EST IIALF OF SEC'T'ION 27, I(MNSI111' 41 NORTIL RANGE 11, EAST' OF THE THIRD I'RINCII'ALMERIDIAN, DESC'RIBI I) \S FOLLOWS BEGINNING AT ME NORTHWEST CORNIER 01; ITIF NORTHE\SI" IM OI: HIL SOU'TIRVGS'T 1/4 01: SAID SECTION 27; TIIIENCE SOUTH 00 DEGREES SI MINLILS WEST ALONG TIIE WEST LINE THEREOF, 226 FE1 F TO THE CEN"EEiR LINE 01' LANDMEIER ROAD (SAID CENTER LINE BITING 0-15 CHAINS ( 412 5 FEET) NORM OP THE SOUTHEAST CORNER AND 16.78 CHAINS ( 1107.48 FEET ) NORTII OF nIE SOU'I'IIWESI' CORNER 01' THE NOR'I'IIEAS'F 1/4 UP'FIDE SOU'IHWFSI' 1/4 01' SAID SECTION 27, AS MEASURED ON THE EAST AND \VEST LINE THEREOF. THEN(-[: SOUTH 62 DEGREES 20 MINUTES 20 SECONDS FAST'ALONg SAID CENTER LINE 385 FEET TO A POINT; THENCE NORTH 17 DEGREES 30, MINUTES EAST 51190 FEDI' "1'0 A POINT THAT IS 83.50 FEET NORTH OF THE SOUTH LINE OF THE EAST U2 OF THE NORTHWEST 1/4 OF SAID SEC'T'ION 27 ( AS NNEASUR D ON THE WEST LINE OI' SAID EAST 1/2 OF THE NORYHWEST 1/4 OF SAID SECTIO 27), TIIENCE: WEST ALONG SAID LINE 490.34 FEET T'O THE WEST LINE OF "HIEAST 1/2 01; "ITIG NORTHWEST' 1/4 01' SAID SECTION 27, THENCE SOUTH 00 DLGRE ES 51 MINUILS \VEST' ALONG SAID LINE, 83.50 FEET TO THE POINT OF BEGINNING ( EXCEPTING FROM SAID PARCEL OF LAND THAT' PART THEREOF FAILING WTI`HIN THE SOU111 825 FEET' OF 1'1 IF EAST' 1/2 OP 1-1 IE NORTI (WEST 1/4 01 SAID SE, TION 27), ( (EXCEPTING HEREFROM THE SOU"TET 40 FEET TAKEN FOR L\NgMEIER ROAD), IN COOK COUNTY, ILLINOIS. 4: Pvl. �n t, �` ALTA/ACSM LAND TITLE SURVEY OF IIIAT PART 01: 11117 1 \SI II:\LF OF IIlt NTS"IIIALI: Of: MC"r1ON 27, ]ONNSHIP 41 NOR "Ill, RANGE 11, LAS I" OI' IIB IRD PRINCIPAL 11I?IMI;IAN, DLSCRl13LD ,4S FOLLOWS BEGINNING Al- ]Ill: NORIIM'I:ST CORNER OF IIID NORIIIHAST 114 Ot "1.1IL SOUI'll\VEST" 1/4 01; SAID SLCIION 27, 7lIENCE So Ulll 00 DEGRLI:S 51 1\IINUI"tS \VL:SI' ALONG Tllli \vFSI' I,INF-III1:Rl:OF, 220 ITICI "10 TI11: ('IiNfER LINK OF IANDNIEIER ROAD (SAID CEN I I:R LINE BEING 6.25 ('I IAINS (41_ 5 PI:I:T) NORII I OF THE SOUf'f lliASl' CORNER AND 1(,78 CHAINS ( 110748 FIT l I NORM OPII IH, SO(1'IlIN1iST CORNER OF [Ill. NORIIIhAS"I 1/4 01: 1111! SOUIIIN'IiSI* 1/4 01' SAID SIT ION 27, AS Nil iASURI'D ON lift HA.SI ,\ND \VLSI LINT. IIIP.RI`UF. IIIFN("I. SOIL"Ill 62 DEGRFI:S 20 MIN'U I ES 20 SFCONDS EAST ALONG SAID (IINI ER LINk 385 PLPT TO A 1'OI":1.-1111iN('I: NORM 17 DLGIt1:IS 30 AIINtIII[S FAS I" 511 SRI I I[I"a TU .1 I'(JINT 'HIM IS 83 50 11iLI NORIII OF II11. SO(UIII LINK: OI'Ilfl: FAST I'2_ OF -IllF: NOItIIIN'1'S I IN OF SAID SH( I ION 27 1 ;AS :AILASI!RLD ON 1111? VA'LSl' LINE Of- S\11) IASI' 1/2 OF ME NORIII\\'I[ST I'd OF SAID SHCHON 27), IIII',NCE \\'IfS"I' ALON(i SAID LINH -10034 FLIA IO Jill. \\'I.SI I.INIi OF llll' IASI" 1/2 Of .IIIE NORIInw'.SI 1/4 OF SAID SI-CIION 2_7, '[Ill N( L SOUIII U0 Ol:GltliES 51 %HNUILS WFSF ALONG SAID LINE, 83 50 I'tl[I TO II IF POINT OI' BF61NNING 1 F.X(TP-KING FROM SAID PARCH. Ot LAND -I-I IA I PARI' 111H EOF FAILING WIMIN IIN 1-111: SOU I I1 825 PGIA of: 1111: FAST 1/2 OF 1l IF NOR IIMIiS1 1/4 OF SAID SIVI ION 27)1EXCITIING 1111iILIiPItU\I "IIII{ SUL�III lu 11:1[I I-,\kl[N POR I,ANU\II[II[R ROAD1' IN ('OUF (OUN I), ILLINOIS