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Home My WebLink AboutRESOLUTION - 39-89 - 6/27/1989 - ALEXIAN BROTHERS LICENSE AGREEMENTRESOLUTION NO. 39-89 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT WITH ALEXIAN BROTHERS MEDICAL CENTER 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 APPROVED this ATTEST: Patricia S. Smith Village Clerk 27th day of 27th day of June , 1989. June , 1989. Charles J. Zettek Village PresideFt LICENSE AGREEMENT Agreement by and between ALEXIAN BROTHERS MEDICAL CENTER, INC. (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 agrees 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: Alexian Brothers Medical Center, Inc. 900 Biesterfield Road Elk Grove Village, Illinois 60007 Attn: President B. To LICENSEE: Village of Elk Grove Village 5101 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 2 herain 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 6t7l day of_ , 1989. LICENSOR: ALEXIAN BROTHERS MEDICAL CENTER, INC. By:_ � d Its: enior Vi a President ATTEST: ---a-1��------------ Assistant Secretary (SEAL) RS. I InN �o� LICENSEE: VILLAGE OF ELK GROVE VILLAGE By: Charles S. Zettek Its -.—Village President Patricia S. Smith ----------------------------- village - ---- ------------- Village Clerk EXHIBIT A A parcel of land in the Northwest Quarter of the Northwest Quarter of Section 32, Township 41 North, Range 11 East of the Third Principal Meridian described as commencing at the intersection of the South right-of-way line of. Gloucester Drive as dedicated and the East right-of-way line of Bisner Road as dedicated; thence South 2°05112" East 327.52 feet along last said East line; thence North 89013119" East 209.12 feet to a place of beginning; thence continuing North 89°13119" East 92.75 feet to the beginning of a curve convex to the North having a radius of 245.10 feet; thence Easterly 117.90 feet along said curve to the beginning of a compound curve concave to Southwest having a radius of 20 feet; thence Southeasterly 21.36 feet along said curve; thence South 20 01'35" East 107.03 feet to the face of a building wall, said wall being the beginning of a non -tangent curve concave to the South, having a radius of 176.82 feet to which point of beginning a radial line bears North 1102102" West; thence Westerly 101.29 feet along said curved building wall through an angle of 32049'20" to a non - tangent line; thence South 32050155" East 6.51 feet continuing along the face of said building wall; thence South 53024118" West 14.88 feet continuing along the: face of said building wall; thence North 44044125" West 179.93 feet; thence North 2012116" West 47.15 feet to the beginning of a curve concave to the Southeast having a radius of 19.86 feet; thence Northeasterly 22.70 feet along said curve to a non -tangent line being the point of beginning, all in Cook county, Illinois. Ingress -Egress Easement A parcel of land in the Northwest Quarter of the Northwest Quarter of Section 32, Township 41 North, Range 11 East of the Third Principal Meridian, described as commencing at the intersection of the South right-of-way line of Gloucester Drive as dedicated and the East right-of-way line of Bisner Road as dedicated; thence South 2005'12" East 303.51 feet: along said East line to a place of beginning; thence North 89013119" East 302.42 feet to a point of curve; thence Easterly on a curve convex to the North having a radius of 269.10 feet, a chord bearing of South 76059152" East, and an arc distance of 129.44 feet,; thence South 26046156" West 24.00 feet to a point on a parallel curve to last described curve; thence Westerly on a curve convex to the North having a radius of 245.10 feet, a chord bearing of North 76059'52" West, -and an arc distance of 117.90 feet to a point of tangent; thence South 89°13'19" West along the North line of above described Lot 1 and extended West 301.87 feet to the East right-of-way line of Bisner Road; thence North 2005112" West 24.01 feet: along last said East line to the place of beginning, all in Cook County, Illinois.