HomeMy WebLinkAboutRESOLUTION - 29-98 - 6/23/1998 - LAWN LEASE/COMEDRESOLUTION NO. 29-98
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A LAWN LICENSE BETWEEN COMMONWEALTH EDISON
COMPANY AND THE VILLAGE OF ELK GROVE VILLAGE (FIRE STATION
NO, 8. OAKTON STREET PROJECT)
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:
LAWN LICENSE
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 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 23rd day of June 1998.
APPROVED this 23rd day of .Tune 1998.
raig B. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
reso602k.doc
PROPERTY: LOMBARD-DESPLAINES R/W
PARCEL: 73
SW 1 /4, SEC.22TWP.41 RANGE 1 1 EAST
OF THE THIRD PRINCIPAL MERIDIAN
COOK COUNTY, ILLINOIS
ComEd TAX PARCEL: 5296
P.I.N.: 8-22-303-005
ComEd. REGION: NORTHERN
LAWN LICENSE
By this License dated this 23rd day of June , 1998,
COMMONWEALTH EDISON COMPANY, an Illinois Corporation (hereinafter referred to as
"Licensor") hereby licenses to Elk Grove Village, an Illinois Municipal Corporation
(hereinafter referred to as "Licensee"), under the following terms and conditions, the use of
a portion of Licensor's property for the purposes hereinafter set forth. The portion so
licensed is so designated on the sketch attached hereto marked Exhibit "D" dated March
26, 1998, and made a part hereof (hereinafter referred to as the "Licensed Premises").
TERM: The term of this license shall be for a one year period commencing
on June 1, 1998, and then year to year thereafter unless sooner terminated as hereinafter
provided.
PURPOSE: This license shall be used for the installation and maintenance of
landscaping and a grassy area, insofar as permitted by law, and for no other purpose
whatsoever.
RESTORATION OF PROPERTY: Licensee agrees that upon termination of this
agreement and any supplementary modification and extension thereof or by expiration of
its term or otherwise, Licensee will at its sole cost and expense remove all improvements
and shrubs, and restore the Licensed Premises to a condition satisfactory to Licensor and
should Licensee fail to remove and restore the property, Licensee agrees that Licensor has
the right to restore and Licensee agrees to promptly reimburse Licensor for any and all cost
and expense for making such restoration.
CONSIDERATION: Licensee has paid Licensor the sum of $10.00 upon
execution of this license for the term hereof, payment of which is hereby acknowledged.
CONDITION OF PREMISES: Licensee has examined the Licensed Premises
and knows and accepts its condition "AS IS".
ON THE LICENSED PREMISES LICENSEE WILL:
11 Cut and keep down all weeds, Canadian thistles and other noxious growths.
21 Not plant any trees or shrubs.
3) Maintain the existing fences in good condition.
4) Not install any temporary or permanent fences.
5) Not remove any topsoil, change the original ground grade level, commit
waste of any kind, alter or change the natural water drainage, or create any water drainage
problems for adjacent property owners. LICENSEE WILL NOTIFY LICENSOR, FOR PRIOR
WRITTEN APPROVAL, SHOULD FILLING LAND OR LEVELING BE NECESSARY.
6) Not allow, give or grant permission to any person or persons, firm,
corporation, association, club or any other entity, for any recreational or sporting purposes
whatsoever.
7) Protect at all times, all survey markers, boundary markers and monuments
presently located or which Licensor may erect during the term hereof.
8) Not allow the installations or construction to be made at any time for any
portable or permanent wading or swimming pools.
9) Not allow any flooding to be done for any winter sports such as an ice
skating rink.
10) Not place, have placed, or permit any signs or advertising billboards.
stored.
1 1) Not allow any vehicles, materials, machinery or equipment to be parked or
12) Not allow the use of anything having a height in excess of 14 feet, including,
but not limited to, any attachments to vehicles or machinery, such as antennae or other
protruding devices, from the original ground grade level.
13) Reimburse Licensor for any additional expense caused Licensor in granting
this license.
14) Not perform or permit any open burning of any sort.
TAXES: Licensee agrees to reimburse Licensor for any tax increase within
thirty (30) days after presentation of a Bill, should (1) Licensee's use of the Licensed
Premises change the assessed valuation of the Real Estate Tax Parcel of Licensor's
property; and (2) Licensee's improvements be assessed with Licensor's real estate
interests or improvements in the same tax parcel.
ENVIRONMENTAL PROTECTION: Licensee shall comply with all applicable
environmental statutes, ordinances, rules, regulations, and orders (hereinafter
referred to as "Standards") issued by any federal, state or local environmental agency
relating to Licensee's use of Licensor's property hereunder. Such Standards encompass,
but are not limited to, those concerning air, water, noise, solid wastes, hazardous
substances, and hazardous wastes. Licensee shall not use waste oil as a means of
suppressing dust on gravel roads or anywhere else on Licensor's premises. Licensee shall
reimburse Licensor for all costs incurred by Licensor including, without limitation, fines,
penalties and settlements imposed for violation of Standards and the actual expense of
correcting the actual or alleged violation. Licensee shall assume liability for and shall
indemnify and hold Licensor harmless from any claim or violation of Standards, including
but not limited to out of court settlements, which results from Licensee's use of Licensor's
premises.
Licensee, at its cost, shall assume the defense of all claims of violation of
the Standards, regardless of whether they are asserted against Licensee or Licensor,
except claims resulting from Licensor's sole negligence. Notwithstanding the expiration or
termination of this agreement, Licensee shall remain liable for all costs provided for herein,
and shall further remain obligated to defend, indemnify and hold Licensor harmless for any
and all violations or alleged violations of Standards which occurred or were caused during
the actual term of this agreement.
INDEMNITY: Licensee hereby assumes all risks and liability related to the
use of the Licensed Premises by Licensee. Licensor shall not be liable or responsible to any
extent for any loss or damage to property, or injury to or death of any person or persons
whomsoever, suffered, or in any way resulting from the exercise of the privileges herein
given.
Licensee shall indemnify and save harmless Licensor, its officers and
employees, from all claims, litigations, settlements and liability asserted against them or
any of them, and any costs and attorneys' fees incidental thereto, on account of injury to
or death of any person or persons whomsoever, or on account of damage to any property,
caused by, connected with, or in any way attributable to the rights herein granted or
Licensee's failure to comply with any of the terms or conditions of this License. Licensee
shall undertake the defense of Licensor, its officers and employees in any such litigation if
Licensor requests Licensee to do so.
ASSIGNMENT: This license is personal unto Licensee, is not assignable and
is not a covenant running with the Licensed Premises.
RETAINED RIGHTS OF LICENSOR: Licensor, at all times, shall have free and
unrestricted access for its employees, agents, representatives, assigns or grantees to come
upon the Licensed Premises, either by vehicle or on foot, for the purpose of constructing,
installing, operating, maintaining, repairing, replacing or patrolling any or all of its facilities
and equipment located thereon or any and all of its additional and future facilities and
equipment which will be located thereon. Licensor or its agents, employees,
representatives, assigns or grantees will not be liable to any extent for any damages
caused thereby to Licensee's property nor to any improvements that Licensee has made on
the Licensed Premises at any time during the term of this license, except when due to
Licensor's gross negligence.
The rights of the Licensor are paramount to the rights herein granted to
Licensee by Licensor, and nothing stated herein is to be construed as restricting Licensor
from disposing of the Licensed Premises or granting rights to other parties or persons in,
upon or under the Licensed Premises. Without limiting the generality of the foregoing, the
parties specifically refer to sewers, water pipes and mains, drainage tiles and pipes, gas
mains and pipelines and other allied uses.
Licensor's sole discretion will determine whether or not this property is
available from time to time for Licensee's use.
TERMINATION: This license may be terminated at any time by either of the
parties hereto by giving thirty (30) days prior notice in writing to the other party of such
termination. The term "in writing" shall include telegraphic, telecopier, telex, electronic
mail or similar means of transmitting writings.
SURRENDER OF PREMISES: Licensee shall, upon the termination of this
license by lapse of time or otherwise, vacate the Licensed Premises and peaceably
surrender possession and occupancy thereof to Licensor. The surrender of the premises in
no way relieves Licensee of the obligation to restore the Licensed Premises.
NOTICES: All notices to Licensor shall be in writing, addressed to
Commonwealth Edison Company, c/o Land Management Administrator, Real Estate
Services, P.O. Box 767, Chicago, Illinois 60603, or at such other place as Licensor may
from time -to -time designate in writing. All notices to Licensee shall be in writing,
addressed to Licensee at: Village of Elk Grove, Dept. of Engineering and Community Dev.
901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499, or at such other place as
Licensee may from time -to -time designate in writing. The term "in writing" shall include
telegraphic, telex, electronic mail or similar means of transmitting writings.
The covenants, conditions and agreements of Licensee herein contained,
whether or not so expressed, shall be both joint and several.
By signing this agreement, Licensee affirms and states that it is not an
employee of Commonwealth Edison Company nor has any affiliated interest in the
Commonwealth Edison Company.
LICENSOR:
COMMONWEALTH EDISON COMPANY
M. R. Norris
Land Management Administrator
Real Estate Services
The foregoing License is hereby accepted by Licensee, and Licensee by
accepting same agrees to be bound by, observe and perform all of the terms and
conditions therein stated.
LICENSEE:
By: Craig B. Johnson
Title: Village President
ATTEST:
By: Patricia S. Smith
Title: Village Clerk
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