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HomeMy WebLinkAboutRESOLUTION - 68-92 - 11/10/1992 - LICENSE AGREEMENT/WALMART, INC RESOLUTION NO. 68-92 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND WAL-MART, INC. (MALLARD CROSSING) 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 10th day of November 1992. APPROVED this 10th day of November 1992. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk LICENSE AGREEMENT Agreement by and between Wal-Mart, Inc. (hereinafter referred to as "Licensor") , and the Village of Elk Grove Vil- lage, 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 Pre- mises to connect or thereafter terminate the water supply or for such other purposes as the Licensor shall expressly per- mit, said right of entry for termination purposes to be occa- sioned and limited to the following: A. Licensor failing to pay its water bill to Licen- see 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 Licen- see; 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 litiga- tion, it shall recover as part of its costs reasonable attor- neys' fees and expenses. 5. This License shall commence immediately upon itsexecu- tion by the parties hereto and shall be for a perpetual dura- tion 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: Wal-Mart, Inc. 701 South Walton Bentonville, AR 72716 -2- B. To Licensee: Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 7 . Conpleteness: 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 understanding, written or oral, in effect between the parties relating to the subject matter hereof. This instru- ment 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 day of 19—. LICENSOR: LICENSEE: s7ax-cs, Wal-Mart Inc. Village of Elk Grove Village By: By: Its�v I/ts —Vill—age President .4 7- _ST. ATTEST: A TEST: Village Clerk -3- EXHIBIT A LEGAL DESCRIPTION WAL-MART Lot 3 in Meacham/Nerge subdivision of part of the East 1/2 of the Northwest 1/4 of Section 36, Township 41 North, Range 10, East of the Third Principal Meridian, according to the plat thereof recorded February 28, 1992 as Document Number 92127379, in Cook County, Illinois.