HomeMy WebLinkAboutRes 49-06 11/08/2006
RESOLUTION NO. 49-06
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT PARK DISTRICT
LICENSING THE USE OF CERTAIN PUBLIC RIGHT-OF-WAY ALONG LONNQUIST BOULEVARD,
FROM CRESTWOOD LANE TO BUSSE ROAD, ADJACENT TO CLEARWATER PARK,
FOR A PARKING AREA AND JOGGING PATH
WHEREAS, the Mount Prospect Park District (the "District") owns, operates and maintains Clearwater
Park, 1717 Lonnquist Boulevard, in the Village of Mount Prospect; and
WHEREAS, the District maintains a parking area and jogging path which extends onto portions of the
Village's right-of-way on Lonnquist Boulevard from Crestwood Lane to Busse Road; and
WHEREAS, it has 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 Clearwater Park.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Mayor is hereby authorized to sign and the Clerk is authorized to attest her
signature on the Public Right-of-Way License For Parking Area and Jogging Path, attached hereto
and incorporated herein as Exhibit "A".
SECTION TWO: 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, Korn, Skowron, Zadel
NAYS:
None
ABSENT:
Lohrstorfer
PASSED and APPROVED this 8th day of November 2006.
.
w~I:~~
It"'1ana K. Wilks
Mayor
ATTEST:
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M. Lisa Angell J
Village Clerk
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:
RECORDER BOX 324
Above space for Recorder's Office
PUBLIC RIGHT-Of-WAY LICENSE
fOR
PARKING AREA AND JOGGING PATH
This License Agreement for Use of Village Right-of-Way is made and entered
into as of this ~~ay of '/\'!cJU--f!/Y7~--e 2000, 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 a public park, commonly
known as the Robert T. Jackson Clearwater Park (the "Park") in the Village of Mount
Prospect, Illinois, as legally described on Exhibit A,; and
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WHEREAS, the District maintains a parking area and jogging path along
Lonnquist Boulevard from Crestwood Lane to Busse Road, and adjacent to the Park,
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 parking area and jogging path 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:
The north 50.00 feet of Lot 1 and the north 50.00 feet of Lot 3 in DIVISION OF
THE LOUIS F. BUSSE FARM, being the Northeast Quarter, except the west 686.40 feet
of the Northwest Quarter of the said Northeast Quarter of Section 15, Township 41
North, Range 11 East of the Third Principal Meridian and except Roads, according to
the plat thereof recorded on April 9, 1936 as Document Number 11789762, all being in
Cook County, Illinois.
(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 parking area and jogging path where presently located on the Village's Right-of-Way
for the benefit of the District, its patrons, guests and invitees using the Park, said
parking area and jogging path being located on the Village's Right-of-Way, as described
above and depicted on Exhibit B.
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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 parking area or
jogging path without the prior written consent of the Village, which consent may
be withheld at the Village's sole discretion.
b. The District shall maintain and keep the parking area and jogging path
in good repair, care for and maintain the lawn am~ trecs and pickup litter on the
Village's Right-of-Way.
c. 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,
arising out of, connected with or in any way associated with the District's 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 parking area or jogging path, District maintenance, or
iManage 1808754
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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 5 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). District's insurance policy shall be
primary to any insurance held by the Village. 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: "v.../ A L" ct-'Z L. C.ooi<
(<?tl- ~ 5.3.-' 5~ 'f''' phone
If to Village: Village of Mount Prospect
Attn: Michael Janonis
Village Manager
iManage 1808754 4
50 South Emerson Street
Mount Prospect, Illinois 60056
(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
iManage 1808754
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invitees who use the Park 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.
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 parking area or
jogging path.
11. RECORDATION: This License Agreement shall be recorded against the
Park 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: ~ illh
Name: rrvana K. Wilks, illage President
ATTEST:
By V/l~h OQ
Name: M. LiSa Angell, Village GtEjk \
[Place Village Seal Here]
iManage 1808754
DISTRICT:
MOUNT PROSPECT PARK DISTRICT,
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Na e: ~~c;. 1 (~es
Title:
President, Board of Park Commissioners
...
ATTEST:
By ~O / (
Name: /J
~cretary, Board of Park Commissioners
6
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK }
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that IRVANA K. WILKS and M. LISA ANGELL, 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 same 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 that Village Clerk, as custodian of the corporate
seal of the Village, has caused the seal to be affixed thereto.
GIVEN UNDER my hand and Notarial Seal this / L/ day of /VtJ7/'---C/}t?\."l:2e~, 2006
~77b;u/(Zv~&lJldA/T
Notary Public
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STATE OF ILLINOIS )
) ss.
COUNTY OF COOK }
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that3nw\i:~ s A, Gn.AV~S' and3oi-hv 61, E i l..i:Ri Nfl ,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 ,;2S~\'"
~~/ Jl. ~Ja~
Notary Public
day of
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EXHIBIT A
Legal Description of Robert T. Jackson Clearwater Park
Lot 1 and Lot 3, except for the north 50.00 feet thereof, in DIVISION OF THE
LOUIS F. BUSSE FARM, being the Northeast Quarter, except the west 686.40 feet of
the Northwest Quarter of the said Northeast Quarter of Section 15, Township 41 North,
Range 11 East of the Third Principal Meridian and except Roads, according to the plat
thereof recorded on April 9, 1936 as Document Number 11789762, all being in Cook
County, Illinois.
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8
EXHIBIT B
Drawing and Legal Description at Right-at-Way
The north 50.00 feet of Lot 1 and the north 50.00 feet of Lot 3 in DIVISION OF
THE LOUIS F. BUSSE FARM, being the Northeast Quarter, except the west 686.40 feet
of the Northwest Quarter of the said Northeast Quarter of Section 15, Township 41
North, Range 11 East of the Third Principal Meridian and except Roads, according to
the plat thereof recorded on April 9, 1936 as Document Number 11789762, all being in
Cook County, Illinois.
[SEE ATTACHED DRAWING]
iManage 1808754
9
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