HomeMy WebLinkAboutRESOLUTION - 20-84 - 4/10/1984 - LICENSE AGRMT/NATURAL GAS PIPELINE CORESOLUTION NO. 20-84
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE
AN AGREEMENT BETWEEN THE NATURAL GAS PIPELINE COMPANY OF
AMERICA AND THE VILLAGE OF ELK GROVE VILLAGE
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:
Section 1: That the Village President be and is hereby authorized
to sign the attached documents marked:
"LICENSE AGREEMENT"
(Installation of an 8" water line across the natural
gas pipeline easement to connect Section 23B and 25)
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 10th
APPROVED this 10th
ATTEST:
Patricia S. Smith
Village Clerk
day of April , 1984.
day of April , 1984.
Charles J. Zettek
Village President
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day of 1984,
by and between NATURAL GAS PIPELINE COMPANY OF AMERICA, 450 E. 22nd St., P.O. Box 1269,
Lombard, Illinois 60148, a Delaware corporation (hereinafter referred to as "LICENSOR")
and VILLAGE OF ELK GROVE, 901 South Wellington Ave., Elk Grove Village, Illinois 60007,
(hereinafter referred to as "LICENSEE").
W I T N E S S E T H:
WHEREAS, by a Warranty Deed dated May 27, 1952, (recorded in Book 47997, Page 553
in the Deed Records of Cook County, Illinois) George L. Guenther and Elsie Guenther,
his wife conveyed to Chicago District Pipeline Company, (hereinafter referred to as
"Chicago District") the following described real estate in Cook County, Illinois,
to -wit:
The South 82� feet of the Northeast Quarter of Section 26,
Township 41 North, Range 10, East of the Third Principal
Meridian, (hereinafter referred to as "said real estate"); and
WHEREAS, two (2) natural gas pipelines have been constructed and maintained
on said Real Estate; and
WHEREAS, LICENSOR is successor in interest to all of the right, title and
interest of Chicago District in and to said Real Estate and the pipelines thereon; and
WHEREAS, LICENSEE has requested that LICENSOR grant unto LICENSEE the right,
privilege and license to install, construct, reconstruct, maintain, operate, renew
and repair one eight (8) inch watermain under, upon and across said Real Estate as
shown on a plat prepared by Henderson and Bodwell, styled "Proposed watermain for
Elk Grove Golf Course; Sheets 1 and 2, and labeled Exhibit "A-1 and A-2", all
attached hereto and made a part hereof, as though fully set forth herein; and
WHEREAS, LICENSOR is willing to grant such right, privilege, authority and
license, but only on the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, LICENSOR agrees to and does hereby grant, without warranty,
unto LICENSEE, its successors and assigns, the following license, to install,
construct, reconstruct, maintain, operate, renew, repair and remove one eight (8)
inch watermain in, under and across said Real Estate as shown on Exhibit "A-1 & A-2"
The right, permission and license herein granted by LICENSOR to LICENSEE is granted
upon the following express conditions and provisions which LICENSEE for and on
behalf of itself, its successors and assigns expressly acknowledges, undertakes
and agrees to fulfill and discharge, to -wit:
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1. At the time of execution of this Agreement, LICENSEE will pay to LICENSOR
the sum of One Hundred Dollars ($100.00) as the cost of the preparation of the
Agreement.
2. The right, permission and license herein granted shall be exercised by
LICENSEE in a manner which will not interfere with the present or future installations
or operations of LICENSOR within or upon said Real Estate, and LICENSOR hereby
expressly retains the right to use said Real Estate in any manner which will not
unreasonably interfere with the interest of LICENSEE hereunder.
3. In the event LICENSOR shall at any time desire or be required to construct,
reconstruct or alter the grade or location of its pipelines or other facilities
within said Real Estate, or in the event LICENSOR shall at any time desire to
construct additional pipelines, appurtenances or other facilities within said Real
Estate, and, if in the judgment of LICENSOR's Chief Engineer it is necessary that
the facility or facilities installed by LICENSEE pursuant to this Agreement be
relocated or altered in any way, or if for any other reason LICENSOR deems it
necessary for LICENSEE to relocate or alter its facility or facilities, LICENSOR
shall notify LICENSEE of the necessity for such relocation or alteration and LICENSEE
shall immediately, at its own cost and expense, make such alterations or relocations
of the facility or facilities installed by it pursuant to this Agreement as shall
be deemed necessary in the judgment of LICENSEE's Chief Engineer. In the event of
such alteration or relocation, LICENSEE agrees to restore said Real Estate as nearly
as practicable to its original condition. If LICENSEE shall fail to comply with
any such request of LICENSOR to alter or relocate the facility or facilities installed
by GRANTEE pursuant to this Agreement, LICENSOR shall have the right to alter or
relocate said facility or facilities, at LICENSEE's sole risk and expense.
4. In the event that LICENSEE, its successors, assigns or lessees, shall cease
to use the facility or facilities installed by it pursuant to this Agreement for a
period of twenty-four (24) consecutive months, all rights granted to LICENSEE
hereunder shall cease and terminate. upon such cessation and termination of
LICENSEE's rights, LICENSEE shall remove its facility or facilities from said
Real Estate. In the event that LICENSEE shall fail to remove its said facility
or facilities within six (6) months of the date if termination of its rights under
this Agreement, LICENSOR may remove same, at LICENSEE's risk, and the cost thereof
shall be borne by LICENSEE.
5. Except for routine maintenance work and except in an emergency, the plans
and specifications for all construction, reconstruction, installation, maintenance,
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repair or removal work proposed to be undertaken by LICENSEE upon or within said
Real Estate shall be submitted to LICENSOR's Chief Engineer for his approval, and
no such work shall be undertaken by LICENSEE without the approval of LICENSEE's
Chief Engineer as to the time and manner of doing such work. Written notice of
LICENSEE's intent to commence such work shall be given to LICENSOR (Attn: Mr. H. C.
LaBarge, RR 3, Box 178 A, Lockport, Illinois, Area Code 815 - 725-1477) at least
forty-eight (48) hours prior to the commencement thereof. All such work shall be
performed in the presence of LICENSOR's Chief Engineer or his authorized representa-
tive and in a manner satisfactory to said Chief Engineer or representative Chief
Engineer or representative shall have authority to halt LICENSEE's operations if,
in his opinion, such operations are not proceeding in conformity with the conditions
of this Agreement or in such manner as has been previously approved by him. LICENSOR
shall have the right to perform any protective work which it deems necessary to
insure the safety of LICENSOR's facilities in the area of LICENSEE's proposed work,
and the expense of any such protective work cannot be completed by LICENSOR prior to
LICENSEE's proposed time for commencement of work, as set forth in LICENSEE's notice
to LICENSOR. LICENSEE shall postpone the commencement of such work until such time
as LICENSOR has completed any such protective work.
6. All installations, construction, reconstruction, maintenance, renewal,
repair and removal work performed by LICENSEE pursuant to the rights granted it
by this Agreement shall conform to the following rules and regulations:
a. No blasting shall be done within fifty (50) feet
of LICENSOR's pipelines or facilities.
b. All digging within ten (10) feet of any pipeline
or facility of LICENSOR shall be performed by
hand, or as directed by the Chief Engineer or his
representative.
c. If at any time LICENSEE shall find it necessary
to excavate underneath LICENSOR's pipelines or
facilities, proper precautions shall be undertaken
by LICENSEE to insure adequate support for said
pipelines or facilities both during and after said
excavation work.
d. Any facility installed by LICENSEE shall be installed
at least twenty-four (24) inches below the existing
pipelines or facilities of LICENSOR.
e. No manholes, catch basins or vaults shall be installed
or constructed on said Real Estate.
f. Upon completion of construction, LICENSEE agrees to
restore said Real Estate as nearly as practicable
to its original condition, including the resodding
of that strip of land on said Real Estate damaged
by construction of said eight (8) inch watermain
4 _
g. No facilities shall be constructed by LICENSEE on said
Real Estate other than one eight (8) inch watermain to
be constructed hereunder as shown on Exhibit "A-1 and A-2".
7. LICENSEE agrees that it will not suffer or permit any mechanics' lien or
other such lien to attach to said parts of said Real Estate by reason of any
alterations or improvements to said Real Estate or work done thereon by or upon
the order of LICENSEE and will save LICENSOR harmless frau any such lien or claim
therefor and from any and all cost or expense incurred in connection with such lien
or claim.
B. LICENSEE shall at all times, and under all circumstances, indemnify, protect
and save harmless LICENSOR, its successors and assigns, from and against all damages,
losses, claims, demands, actions and causes of action whatsoever (including any
costs, expenses and attorney's fees which may be incurred in connection therewith)
in favor of any governmental authority, municipality, corporation, firm or individual,
whether or not the claim, demand, or action asserted be meritorious, and which results
from or is alleged to result from, or which arises out of or in connection with, or is
alleged to arise out of or in connection with the installation, construction, recon-
struction, maintenance, operation, renewal, repair, removal or existence of any
facility of LICENSEE upon said Real Estate, or out of or in connection with the
existence of the right, permission and authority granted to LICENSEE hereunder, or
out of or in connection with the presence on said Real Estate of any facility or
equipment of LICENSEE whether or not authorized by this Agreement.
9. In the event LICENSEE fails to fulfill and discharge any of the obligations
of this Agreement or fails to exercise the rights herein granted it in compliance
with the terms and conditions hereof, and in the further event that such failure or
non-compliance continues for a period of sixty (60) days after written notice by
LICENSOR to LICENSEE of any such failure or non-compliance, then and in that event,
LICENSOR may, at its option, terminate all rights, permission or authority granted
to LICENSEE by this Agreement and LICENSOR may require LICENSEE to remove any
facility installed, constructed or placed within said Real Estate by LICENSEE.
10. Upon written demand by LICENSOR, LICENSEE shall reimburse LICENSOR for
all assessments and taxes levied upon the property of LICENSOR on account of any
or all facilities or equipment now or hereafter installed, constructed, or placed
within or upon said Real Estate by LICENSEE. LICENSOR shall give to LICENSEE
reasonable advance notice of its intent to make any payment of such assessments
or taxes so that LICENSEE may file its objections, if any, to such assessment or
tax with the levying authority.
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11. This Agreement shall inure to the benefit of and be binding upon the
respective successors and assigns of the parties hereto, PROVIDING HOWEVER, that
LICENSEE shall not assign or transfer any right or permission granted it hereunder
without the prior written consent of LICENSOR.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective Officers thereunto duly authorized and have caused
their respective corporate seals to be hereunto affixed, all as the free and
voluntary acts of the parties hereto, on the day and year first above written.
NATURAL GAS PIPELINE COMPANY OF AMERICA
By
Vice President
ATTEST.
Asst. Secretary
VILLAGE OF ELK GROVE
By
WITNESS
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