HomeMy WebLinkAboutRESOLUTION - 24-93 - 4/13/1993 - LICENSE AGRMT/KMART CORPRESOLUTION NO. 24-93
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND KMART CORPORATION (MEACHAM AND BIESTERFIELD 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
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 13th
APPROVED this 13th
ATTEST:
Patricia S. Smith
Village Clerk
day
of
April
1993.
day
of
April
1993.
Charles J. Zettek
Village President
LICENSE AGREEMENT
Agreement by and between the Kmart Corporation
(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;
0
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: Kmart Corporation
3100 (lest Big Beaver Road
Trov, MI 48084-3163
Attn: Real Estate Department
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 13th day of April , 1993
LICENSOR:
MART CORPORATION
By:
Its:. Vice President , M.L. Skiles
ATTZST:
Is istant Secretary
Charles E. Lotzar, Jr.
-3-
LICENSEE:
VILLAGE OF ELK GROVE VILLAGE
By, Charles J. Zettek
Its: Village President
ATTEST:
Patricia S. Smith
Village Clerk
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE
EAST 830.00 FEET (AS MEASURED ON THE SOUTH LINE) OF THE WEST HALF
OF THE SOUTHWEST QUARTER OF SAID SECTION 25, 1150.00 FEET NORTH (AS
MEASURED ON SAID WEST LINE OF THE EAST 830.00 FEET) OF THE SOUTH
LINE OF SAID SECTION 25; THENCE SOUTH ON THE WEST LINE OF SAID EAST
830.00 FEET, 1150.00 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE
EAST ON THE SOUTH LINE OF SAID SECTION 25, 830.00 FEET TO THE EAST
LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25;
THENCE NORTH ON SAID EAST LINE OF THE WEST HALF OF THE SOUTHWEST
QUARTER, 1400.00 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE 380.00 FEET; THENCE SOUTHWESTERLY TO THE POINT OF
BEGINNING (EXCEPTING THAT PART DEDICATED FOR BIESTERFIELD ROAD AND
MEACHAM ROAD) IN COOK COUNTY, ILLINOIS.
BEING ALSO DESCRIBED AS FOLLOWS: THAT PART OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 10 EAST
OF THE THIRD PRINCIPAL MERIDIAN; BEGINNING AT A POINT IN THE WEST
LINE OF THE EAST 830.00 FEET (AS MEASURED ON THE SOUTH LINE) OF THE
WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25, 1150.00 FEET
NORTH (AS MEASURED ON SAID WEST LINE OF THE EAST 830.00 FEET) OF
THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH 00002'51" EAST
ALONG THE WEST LINE OF SAID EAST 830.00 FEET, 1099.95 FEET TO THE
NORTHERLY LINE OF BIESTERFIELD ROAD; THENCE NORTH 87029'49" EAST
ALONG THE NORTHERLY LINE OF BIESTERFIELD ROAD, A DISTANCE OF 769.95
FEET TO A POINT ON THE WEST LINE OF MEACHAM ROAD; THENCE NORTH
00002'51" WEST ALONG THE WEST LINE OF MEACHAM ROAD, A DISTANCE OF
1352.53 FEET; THENCE SOUTH 89057109" WEST, A DISTANCE OF 320.00
FEET; THENCE SOUTH 57030137" WEST, A DISTANCE OF 532.32 FEET TO THE
POINT OF BEGINNING.