HomeMy WebLinkAboutRESOLUTION - 34-96 - 7/9/1996 - LICENSE AGREEMENT/CENTERPOINT REALTYRESOLUTION NO. 34-96
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A LICENSE AGREEMENT BE74EEN THE VILLAGE
OF ELK GROVE VILLAGE AND CENTERPOINT REALTY SERVICES, INC.
(O'HARE WEST DEVELOPMENT. 2701 BUSSE ROAD AND 2801 BUSSE R
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:
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: 5 NAYS: 0 ABSENT: 0
PASSED this 9th day of July , 1996.
APPROVED this 9th day of July , 1996.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
LICENSE AGREEMENT
Agreement by and between the CENTERPOINT REALTY SERVICES, INC., an
Illinois corporation
A (hereinafter referred to as "LICENSOR"), AND THE VILLAGE.OF ELN
GROVE VILLAGE, an Illinois Municipal Corporation (hereinafter
referred to as•'"LICENSEE").
W I T !i 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. 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: CenterPoint Realty Services, Inc.
Attn: President
401 N. Michigan Avenue
Suite 3000
Chicago, Illinois 60611
B. To LICENSEE: Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
7. Comoletenes . 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 thisLI'N" day of
LICENSOR:
CENTERPOINT REALTY SERVICES, INC
By:
ItS:._ 2r,�i oni
ATTa:S�
Secretary
-3-
June 1 19 96.
LICENSEE:
VILLAGE OF ELK GROVE VILLAGE
By: Dennis J. Gallitano
Its: Village President
ATTEST:
Patricia S. Smith
'illage Clerk
EXHIBIT A
Legal DescriW!on of the Property
THAT PART OF THE WEST HALF OF FRACTIONAL NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 40
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THAT PART OF
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, AFORESAID;
TOGETHER WITH THAT PART OF THE EAST 1/2 OF FRACTIONAL WEST 1/2 OF SECTION 2
AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE
OF STATE ROUTE 83 AS PER DOCUMENT NUMBER 381700 WITH THE SOUTH LINE OFTHE NORTH
HALF OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, AFORESAID; THENCE
SOUTH 89 DEGREES 55 MINUTES 26 SECONDS EAST ALONG SAID SOUTH LINE 1253.37 FEET TO
THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE
NORTH 01 DEGREES 16 MINUTES 17 SECONDS EAST ALONG SAID EAST LINE 883.11 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2
AFORESAID; THENCE SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST ALONG THE SOUTH
LINE OF THE NORTH 1/2 OF SECTION 2 AFORESAID 3.30 FEET; THENCE NORTH 1 DEGREE 23
MINUTES 51 SECONDS EAST ALONG A LINE THAT INTERSECTS THE NORTHWEST CORNER OF
THE SUBDIVISION KNOWN AS DEVON FIVE ACRE FARMS ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 10, 1947 AS DOCUMENT 522698 FOR A DISTANCE OF 288.87 FEET; THENCE
NORTH 88 DEGREES 54 MINUTES 01 SECONDS WEST 1260.33 FEET TO A POINT ON THE EAST
LINE OF ROUTE 83 AFORESAID, 952.41 FEET (AS MEASURED ALONG SAID EAST LINE) NORTH OF
THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREE 04 MINUTES 12 SECONDS WEST ALONG
SAID EAST LINE 952.41 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER: 03-02-300-018
COMMON ADDRESS: East side of Busse Road, north of Thordale Avenue and south of
Devon Avenue, Elk Grove Village, Illinois