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HomeMy WebLinkAboutRes 36-05 06/21/2005 RESOLUTION NO. 36-05 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MT. PROSPECT PARK DISTRICT LICENSING THE USE OF THE PUBLIC-RIGHT-OF-WA Y A T WE-GO TRAIL AND SHABONEE TRAIL FOR A FENCE AND GOLF CART PA TH. WHEREAS, the Mt. Prospect Park District (the "District") owns, operates and controls an eighteen hole golf course in the Village of Mount Prospect (the "Golf Course"); and WHEREAS, the District maintains a golf cart trail and fence near the ninth hole green of that Golf Course, which golf cart trail and fence extend onto portions of the Village's rights-of-way on We-Go Trail and Shabonee Trail; and WHEREAS, it had been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that it is in the best interests of the Village to enter into an agreement with the District, licensing the District's use of that certain public right-of-way for the purpose of the District's continued operation of the Golf Course. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Deputy Village Clerk directed to attest her signature on an agreement for Public Right-Of-Way License for Fence and Golf Cart Path, attached hereto and incorporated herein, as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Skowron, Zadel NAYS: None ABSENT: Korn, Lohrstorfer Passed and approved this ,'21 day of June, 2005. ~t: kJ~ Irvana K. Wilks, Village President ATTEST: ~k&:;, ~ Kimberly De s, Deputy Village Clerk I:\MYDOCIRESOLUTION Public Right of Way License Agreement.doc 2 .' ~ . RECORDER BOX 324 THIS DOCUMENT WAS PREPARED BY: Klein, Thorpe and Jenkins, Ltd. 20 North Wacker Drive, Suite 1660 Chicago, IL 60606 George A. Wagner, Esq. (OM #2881-5) AFTER RECORDING RETURN TO: PUBLIC RIGHT-OF-WAY LICENSE FOR FENCE AND GOLF CART PATH This License Agreement for Use of Village Right-of-Way is made and entered into as of this _ day of 200_, by and between the VILLAGE OF MT. PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION ('Village") and the MT. PROSPECT PARK DISTRICT (District), an Illinois park district and unit of local government. The Village and the District are hereinafter sometimes referred to individually as a "Party" and together as the "Parties". RECITALS WHEREAS, the District owns, operates and controls an eighteen hole golf course (the "Golf Course"), as legally described on Exhibit A, attached hereto and incorporated herein, the ninth hole green of which is situated in the area of We-Go Trail and Shabonee Trail in the Village of Mt. Prospect, Illinois, as shown on the attached Exhibit B; and iManage 1437504 1 WHEREAS, the District maintains a golf cart trail and a fence near the ninth hole green aforesaid which improvements extend onto the public right-of-way; and \WHEREAS, the Village is willing to license the District's use of those areas of the Village's Right-of-Way in which said golf cart trail and fence are currently located, subject to and in accordance with the terms, provisions, and conditions of this Agreement, the Right-of-Way being depicted as the striped area on Exhibit Band generally described as follows: A piece of land within the sixty-six foot (66') public right-of-way of We-Go Trail and Shabonee Trail described as follows: Commencing at the Southwest Corner of Shabonee Trail boundary line ("POB"); thence North 120 feet along the West boundary line of We-Go and Shabonee Trails; thence East 28 feet from said point on the West boundary line of We-Go and Shabonee Trails; thence South 99 feet and parallel to the West boundary line of We-Go and Shabonee Trails; thence East 32 feet and parallel to the South boundary line of Shabonee Trail; thence South 21 feet and parallel to the West boundary line of Shabonee Trail; thence West 60 feet to the POB. (the "Village's Right-of-Way"); and NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties hereto, it is agreed by and between the Village and the District as follows: 1. INCORPORATION OF PREAMBLES. The above and foregoing recitals are hereby incorporated the same as if set forth herein in full. 2. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, the Village hereby grants a non-exclusive license to the District to maintain a fence and golf cart trail where presently located on the Village's Right-of-Way for the benefit of the District, its patrons, guests and invitees using the Golf Course, said fence and golf cart trail being located on the Village's Right-of-Way, as described above and depicted on Exhibit B. iManage 1437504 2 3. TERM. Unless earlier terminated in accordance with this Agreement, the term of this Agreement is fifty (50) years. The Village reserves the right to terminate this Agreement and the license granted hereunder for any reason in its sole and absolute discretion upon not less than one-hundred eighty (180) days advance written notice to the District. 4. MAINTENANCE OF RIGHT-OF WAY. The District's use of the Village's Right-of- Way shall be subject to the following maintenance requirement ("District maintenance"): a. The District shall not change the location of the existing fence or golf cart trail without the prior written consent of the Village, which consent may be withheld at the Village's sole discretion. b. The District shall keep the fence and golf cart trail in good repair, care for and maintain the lawn and trees within the Village's Right-of-Way, and pickup litter on the Village's Right-of-Way. c. The District shall maintain and repair the Village's Right-of-Way in order to provide a clean, safe and lighted right of way. d. Trees and shrubbery, located on the Village's Right-of-Way, shall not be removed without the express written consent of the Village, which consent may be withheld at the Village's sole discretion. 5. INDEMNIFICATION. The District hereby indemnifies and holds harmless the Village, its officials, employees, agents and representatives (the "Indemnitees") from and against any and all injuries, claims, losses, damages, liabilities or causes of action, including reasonable attorneys fees and court costs, paid or incurred by any of the Indemnitees and arising from or related to injury or death of any person, or injury to or destruction of any property, real or personal, including the property of the Village, caused by the District or its patrons', guests' or invitees' use of the Village's Right-of-Way, of any type whatsoever, to the extent caused by or involving said golf cart iManage 1437504 3 I . trail or fence, District maintenance, or by the District, its patrons, guests or invitees, except to the extent such injuries, claims, losses, damages, or liabilities are caused by any negligent or willful act or omission of any of the Indemnitees. The indemnification contained in this Paragraph 4 shall survive termination of this Agreement. 6. INSURANCE: District shall procure and maintain in full force and effect throughout the term of this Agreement general public liability insurance and property damage insurance against claims for personal injury, death or property damage in any way related to District's use of the Right-of-Way under this License Agreement in the amount of $1,000,000.00 (one million dollars). The Village shall be named as an additional insured on said insurance policy and shall receive certificates of such insurance from time to time upon written request to evidence that such insurance is in force. 7. DUE AUTHORITY. The District represents and warrants to the Village that it has the power and authority to execute this Agreement and when so executed this Agreement shall be a legal, valid and binding obligation of the District and shall not constitute a breach of any contract, obligation or agreement to which the District is a party or by which it is bound. 8. NOTICE. Notice as required in this License Agreement shall be given via U.S. mail as follows: If to District: Mount Prospect Park District 1000 West Central Road Mount Prospect, Illinois Attn: President ( ) -847-255-5380 phone If to Village: Village of Mount Prospect Attn: Michael Janonis Village Manager 50 South Emerson Street Mount Prospect, Illinois 60056 iManage 1437504 4 " (847) 818-392-6000 - phone with a copy to: Klein, Thorpe and Jenkins, Ltd. Attention: Everette M. Hill, Jr. 20 North Wacker Drive Suite 1660 Chicago, Illinois 60606-2903 (312) 984-6468 - phone (312) 984-6444 - fax Either party may change its address for notice purposes by giving notice to that effect in the manner set forth herein, provided such change of address shall not be deemed received until actual receipt thereof by the addressee. Either party hereto may change the name(s) and address(es) of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner as all other notices are required to be delivered hereunder. 9. BREACH: In addition to any other provision in this License Agreement, Village and District shall have all remedies, at law or in equity, in order to enforce the terms of this License Agreement. 10. MISCELLANEOUS. a. This Agreement contains the entire contract between the Parties with respect to the subject matter contained herein and cannot be modified except by a written instrument subsequently executed by the District and the Village. b. This Agreement does not convey to, or create in favor of, the District, any legal or equitable title or property interest, in whole or in part, to or in the Village's Right-of-Way, it being acknowledged that this Agreement is not a lease and merely grants permission to the District, its patrons, guests, and invitees who use the Golf Course to use those parts of the Village's Right-of-Way licensed hereunder, on the terms and conditions herein contained. c. This Agreement is not assignable. 5 iManage 1437504 d. The District acknowledges and agrees that the Village may perform any public services on the Right-of-Way and the District hereby releases the Village from any and all damage or liability that may result from such public service, including, but not limited to, damage to any or all of the fence or golf cart path. 11. RECORDATION: This License Agreement shall be recorded against the Golf Course at District's cost and expense. IN WITNESS WHEREOF, the District and the Village have executed this License Agreement by and through their respective duly authorized officers effective the day and year first above written. VILLAGE: VILLAGE OF MOUNT PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION By: ~I::P;~ Namelrvana K. Wilks V,llage President ATTEST: By: bL~ (l.~ NameKimberlyA. ewis Deputy Village Clerk [Place Village Seal Here] iManage 1437504 DISTRICT: MOUNT PROSPECT PARK DISTRICT, AN ILLINOIS PARK DISTRICT " / " . /' v',. By: ~{tr ~,~ Name: James A. Graves Title: President, Board of Park Commissioners By: Name: rimothy J. Doherty Secretary, Board of Park Commissioners 6 STATE OF ILLINOIS ) ) ss. COUNTY OF COOK } I, the undersiQned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Irvana K.. Wilk:;. and Kimberly. Dewfs are personally known to me to be the VILLAGE PRESIDENT AND*vILLAGE CLERK, respectively~ of the VILLAGE OF MOUNT PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION (the "Village") and also known to me to be the ~ame persons whose names are subscribed to the foregoing instrument and as such Village President and Village Clerk, appeared before me this day in person and severally acknowledged that as such Village President and *Village Clerk, they signed and delivered the said instrument pursuant to the authority given by the Village's Board of Trustees, and as their free and voluntary act, and as the free and voluntary act and deed of the Village, for the uses and purposes therein set forth, and thafVillage Clerk, as custodian of the corporate seal of the Village, has caused the seal to be affixed thereto. *Deputy GIVEN UNDER my hand and Notarial Seal this 2.'2,.."A day of ~~ ~'~D Notary Public ~." ,20~ OFFICIAL SEAL ROBERTA C CLINGER NOTARY PUBLIC. STATE OF ILLINOIS r tIf'{ COMMISSION EXPIRES:11103I08 r. STATE OF ILLINOIS ) ) S5. COUNTY OF COOK } I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that ~ames A. Graves and Timothy J. Doherty I are personally known to me to be the PRESIDENT, BOARD OF PARK COMMISSIONERS and SECRETARY, BOARD OF PARK COMMISSIONERS, respectively, of the MOUNT PROSPECT PARK DISTRICT, AN ILLINOIS PARK DISTRICT ("District") and also known to me to be the same persons whose names are subscribed to the foregoing instrument and as such President and Secretary of the Board of Park Commissioners, appeared before me this day in person and severally acknowledged that as such District President and Secretary they signed and delivered the said instrument pursuant to the authority given by the Board of Park Commissioners, and as their free and voluntary act, and as the free and voluntary act and deed of the Board of Park Commissioners, for the uses and purposes therein set forth. GIVEN UNDER my hand and Notarial Seal this 2i-M.- day of ~anuary ?(~'j.~~ Notary Public ,2005 . OFFICIAL SEAL LOIS I. KAZAN NOTARY PUBLIC, STATE OF ILLINOIS iMana t1~S"S;~~.~~~l~~~,l~~~~;~~.~r. 7 . ' ' EXHIBIT A Legal Description of Golf Course Parcel 1: Lot 18 (except the North 669 feet of the East 155.5 feet thereof) of North West Hills Country Club Subdivision being a subdivision of the North East quarter of the North West quarter of the South West quarter thence South half of the North West quarter of the South West quarter and the North 10 acres of the South West quarter of the South West quarter and the East half of the South West quarter all in Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, ALSO Parcel 2: The North 200 feet of the East 155.5 feet and the South 66 feet of the North 519 feet of the South 155.5 feet of Lot 18 aforesaid, ALSO Parcel 3: Block 23 and vacated half street West of and adjoining said Block 23 in Prospect Park Country Club Subdivision being a subdivision of the South East quarter of Section 11, and the South 15 acres of the East half of the North East quarter of said Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, ALSO Parcel 4: Lots 18 and 19 both inclusive in Block 24 in Prospect Park Country Club Subdivision being a subdivision of the South East quarter of Section 11 and the South 15 acres of the East half of the North East quarter of Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, all in Cook County, Illinois. ** 8 '" ". 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