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HomeMy WebLinkAboutRESOLUTION - 2-95 - 1/10/1995 - PERSONNEL RULES & REGS AMENDEDRESOLUTION NO. 2-95 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND MANOR HEALTHCARE CORPORATION (NERGE 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. PASSED this 24th day of January , 1995. APPROVED this 24th day of January , 1995. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk LICENSE AGREEMENT Agreement by and between Manor Healthcare Corp., a Delaware corporation, (hereinafter referred to as "LICENSOR"), and THE VILLAGE OF ELK GROVE VILLAGE, an Illinois Municipal Corporation (hereinafter referred to as "LICENSEE"). WITNESSETH: WHEREAS, LICENSOR is the legal owner of real estate (the "PREMISES") legally described in Exhibit A, attached hereto and hereby made a part hereof, 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. 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 effective two (2) days after being sent by certified or registered mail, return receipt requested, postage prepaid and addressed to such parry at the following listed address unless otherwise directed: A. To LICENSOR: Manor Healthcare Corp. 10750 Columbia Pike Silver Spring, MD 20901 ATTN: General Counsel (re: Real Estate) 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 24th day of January 199}15 LICENSOR: MA CORP. By: Its: Vice President LARRY GODLA ATTEST: Assistant Secretary LICENSEE: VILLAGE OF ELK GROVE VILLAGE By: Dennis J. Gallitano Its: Village President ATTEST: Patricia S. Smith Village Clerk The North 250.00 feet (as measured along the West line of Manor Care subdivision) of the East 331.75 feet of the West 663.50 feet (As measured at right angles to the West line of the Northeast quarter of section 35) of the South half of the Southwest quarter of the Northeast quarter of section 35, Township 41 North, range 10, East of the third principal meridian lying West of and along lot 1 in Manor Care subdivision recorded September 21, 1988 as document No. 88433300, in Cook County, Illinois. and that part of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of section 35, Township 41 North, range 10 East of the third principal meridian described as follows: Beginning at the intersection of the North line of Nerge Road per Document No. 87121349 with the West line of the East 331.75 feet of the West 995.25 feet (both as measured along the South line of section); Thence North 00 degrees, 01 minute, 17 seconds East along said West line for a distance of 618.24 feet to the North line of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 aforesaid; thence North 86 degrees, 29 minutes 08 seconds East along said North line 497.98 feet to the West line of the East 165.875 feet of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 aforesaid; thence South 00 degrees, 02 minutes, 01 second Last along said West line 618.83 feet to the North line of Nerge Road per document No. 87121350; thence South 86 degrees 33 minutes, 08 seconds West along the said North line of Nerge Road 497.82 feet to the point of beginning, in Cook County, Illinois.