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Home My WebLink AboutRESOLUTION - 1-99 - 1/26/1999 - LICENSE AGREEMENTRESOLUTION NO. 1-99 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SOUTHLAND CORPORATION (7 -ELEVEN BIESTERFIELD/ARLINGTON HEIGHTS ROADS) 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 SOUTHLAND CORPORATION 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: 6 NAYS: 0 ABSENT: 0 PASSED this 26th day of January , 1999. APPROVED this 26th day of January , 1999. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk Reslicenseagmt711.doc RECEIVED DEC 3 0 1998 ELK GROVE VILLAGE �N(;INEERING & COMMoNy1Y OE+IrLOPMENT LICENSE AGREEMENT Agreement by and between the JoeATi4L-Arjo CokpoRP`i(o (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 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: SavY{yL// &/z ✓, /Z -.i/ /i�, 74-I/M �r✓LOr� 5GH/g0(i?jv4,C./ /L . (00/-73 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 � day of , 19 j4?- LNotary OFFICIAL SEAL" ` ELLEY E. WHITAKER LICENSOR: Public, State of Illinois LICENSEE: mmission Ex;hs 03/13/2001 VILLAGE OF ELK GROVE VILLAGE ATTZST : �4ssista.nt Secretary -3- By: Craig B. Johnson Its: Village President ATTEST: Patricia S. Smith Village Clerk EXHIBIT A LEGAL DESCRIPTION 7 ELEVEN - ELK GROVE VILLAGE THE WEST 200 FEET OF THE EAST 233 FEET, AS MEASURED ALONG THE NORTH LINE THEREOF, OF THE SOUTH 200 FEET OF THE NORTH 233 FEET AS MEASURED ALONG THE EAST LINE THEREOF, OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS AND THE WEST 12.00 FEET OF THE EAST 245.00 FEET, (AS MEASURED ALONG THE NORTH LINE THEREOF, AND EXCEPT THE SOUTH 17 FEET OF THE NORTH 50 FEET THEREOF CONVEYED BY DEED RECORDED AS DOCUMENT 22198476), AND THE SOUTH 27.00 FEET OF THE NORTH 260.00 FEET, AS MEASURED ALONG THE EAST LINE THEREOF, OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS EXCEPT THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE 33 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST 1/4 (SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF WESTERFIELD ROAD) WITH A LINE 33 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4 (SAID PARALLEL LINE ALSO BEING THE WEST LINE OF ARLINGTON HEIGHTS ROAD); THENCE SOUTH ON THE LAST DESCRIBED 33 FOOT LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTH 260 FEET OF SAID SOUTHWEST 1/4 (AS MEASURED ON THE EAST LINE THEREFOR); THENCE WEST ON SAID SOUTH LINE TO ITS INTERSECTION WITH A LINE 45 FEET WEST OF AND PARALLEL WITH THE EAST LINE AFORESAID; THENCE NORTH ON SAID PARALLEL LINE TO A POINT 47 FEET SOUTH OF THE SOUTH LINE OF WESTERFIELD ROAD AFORESAID (AS MEASURED ON SAID PARALLEL LINE); THENCE NORTHWESTERLY TO A POINT 32 FEET WEST OF AND 17 FEET SOUTH OF THE PLACE OF BEGINNING (AS MEASURED ON THE SOUTH LINE OF BIESTERFIELD ROAD AND ON A LINE AT RIGHT ANGLES THERETO; THENCE WEST PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 AFORESAID TO THE WEST LINE OF THE EAST 245 FEET OF SAID SOUTHWEST 1/4 (AS MEASURED ON THE NORTH LINE THEREOF); THENCE NORTH OF SAID WEST LINE TO THE SOUTH LINE OF BIESTERFIELD ROAD AFORESAID; THENCE EAST TO THE PLACE OF BEGINNING IN COOK COUNTY, ILLINOIS. GAsdsk\ProM7-198N m\Legal Da ptlm N_ SPECW N II ADS N-12 W EVSDNG i !Y MANHOLE III --{III 1i T r X 7' SII 1 PROPOSED HOT TAP BIESTERFIELD ROAD EXISRNG SAN/TAF CONNEO77ON TO BLDG 24' MANHIX EAIS77NG WA7ERMAIN e 3.50 STDRMG STORM SEWER RIM -70Q: PROPOSED 40 LF— PROPOSED B—BOX INV -69421 /NV—BBQt J' PVC SDR 26 \ CQNOWT £XISRNG TRAFf7C EVSR�� PEDESTAL (( (TYPICAL) SIGNAL (TIPICAL) //� SANITARY OF EATSn LIGHTPO (SHEET 7 OF 7 -ELEVEN I. 6049 BLDG 2,940.F. /F= 7 e 3.50 PROPOSED WATER METER LOCATION - INV -699.00 OURET PIPE TO BE CONSMUC7ED THROUGH WALL INV697.10 PROPOSED DRY DETENTRM BASIN HIL -700.66 STORAGE REQUIRED -0.20 AC—FT STORAGE PRONDED-D20 AC—FT PROPOSED MASONRY OMIT BLOCK WALL I : •I I. <e a f 1 a �• :J t ..: /. ;I O I a[3:C a �4.[3:e� PROPOSED 147 LF - 1 1/2TY K COPPER .a WATER SERWCE PROPOSED RELOCA77ON OF EXSRNG LIC147POLE • - (SEE SHEET 7 OF 7) PROPOSED PHONE LOCA77ON PROD REMOVAL OF 46 LF OF EMS77NG SANITARY SEWER — PROPOSED 141 LF - 12'/ RCA STORM SEWER O OSOT[ (SEE SHEET 7 OF 7) EXISTING TRAFRC SIGNAL PROPOSED CATCH BASIN rY G NEENAH R -2102—A W/ rY A OPEN LID RIM -700.71 )NV -69Z44 e. d �° " B=041 <e Q. w { v1e v - 0--o 1 a �• :J t ..: /. O I a[3:C a �4.[3:e� PROPOSED 33 LF - 12'0 RCP STORM SETTER O O16.i RA IED LID PROPOSED 81 LF - �121I RCP STORM SEKER O 0.10[ PROPOSED RELOCATION OF EXISTING LIGH7POLE — (SEE SHEET 7 OF 7) PROPOSED 11 LF - 121/ RCP STORM SEWER O 0.5OT CONNECT SEWER TO EXISRNG INLET WITH NON—SHRINK fl GROUT