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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 W w V V