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HomeMy WebLinkAboutRes 26-80 06/03/1980 . "'--":' II r 5/27/80 I II 'I RESOLUTION NO. '26-80 A RESOLUTION AUTHORIZING EXECUTION OF MSD PERMIT , OW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF ~~~~~~ ~ VIL~~ ~m~ ~$~CT, CO~ CO~~, ILLINOIS I , ECTION ONE: The Board of Trustees of the Village of Mount II. rospect hereby authorizes the Mayor to execute and the Village tlerk to attest the Permit, attached hereto as Exhibit A and [incorporated herein by this reference, gr'anted to the Village of ~ount Prospect by the Metropolitan Sanitary District for the use' ¡bf the Metropolitan Sanitary District retention basin located in W,þe Village for a civic celebration, carnival and fire works dis- þlay by the Lions ,Club during the 4th of July holidays. II .' ' ¡SECTION TWO: This Resolution shall be in full force and effect ~~~,~d after its passage and approval in ~e ~nner provided fassed this 3rd day' of June, 1980. I . " I YES: Farley; FlOras, Millè:f, Muraüskìs,' Richardson, :Wattenberg, Krause i AYS: None I SENT: None I pproved this 3rd, day of June ,1980. , - I II " I I ttest: . ,F /fL~ Approved: .. ; :\ ,. , f'\ " 'PERl1rT ------ THIS PERMIT made this 22nd day of May, 1980, by and between THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter called "District," and THE VILLAGE OF MOUNT PROSPECT, hereinafter called "Permittee." ARTICLE 'ONE 1.01 The District for and in consideration of the payment of the permit fees hereinafter set forth and the , covenants and agreements hereinafter contained, does hereby grant to the Permittee a permit to use the following described premises situated in the County of Cook, state of Illinois, for the sole and exclusive purpose of conducting a carnival and fireworks display with the local Lion "s Club at the Mount Prospect Retention Reservoir located on Central Road east~f Busse Road in the Village of Mount Prospect, I1linois,together with permission to occupy approximately five acres on the un- improved western portion of the reservoir site sufficient to park 400 vehicles. Permittee, is further granted permission to enter upon the premises as of the date of this permit for site preparation work incidental to the permit. 1.02 This Permit shall be effective from the 2nd day of July, 1980 through the 6th day of July, 1980, at which time ,Permittee shall vacate said premises and remove Permittee's effects therefrom at permittee's cost, unless said Permit shall be terminated sooner by virtue of the provisions here- inafter provided. ARTICLE TNO 2.01 Permittee hereby agrees that in consideration for the granting of this Permit, permittee shall pay to the District: EXHIBIT A A. _de sum of One and no/lOa ~-~~-~~~-~~~~~~~--~~~Dollars ($ 1.00 ) ~ payable in one installment (s) of $ 1. 00 each~ said insta1lment (s) to be due and payable in advance for each period. B. In addition thereto~ shall pay~ when due~ all taxes and assessments which may be levied, charged or during the period of this Permit, . imposed upon or against the premises, and submit to the District suitable evidence of such payment. ARTICLE THREE 3.01 Permittee agrees and specifically understands that '\ this Pennit is confined solely to the non-exclusive:privilege to Permittee to use the premises set fort:Q. in Article.. One, and f ' no other; that the authority and permis'sion "herein g~ven does not thereby grant unto Permittee any interest ores(ate in the . ." said lands, but is a mere personal privilege to do certain acts of a temporary character on the lands of the District and that the District retains daminion~ possession and control of said lands, including access thereto at a11 times. 3.02. Permittee further agrees and specifically understands that the District shal1 have the right to enter upon the premises here~n described for the purpose of making such surveys, so11 borings or other purposes as may be deemed necessary by the District in the furtherance of its corporate purpose. 3.03 The District shall not be liable for any loss, cost or damage to the Permittee by reason of the exercise of the right to make such surveys, soil borings or other purposes as may be deemed necessary by the District in the furtherance of its corporate purpose. ARTICLE FOO'R 4.01 The District hereby reserves the right to terminate this Permit at any time without cause and for any reason it deems '- 2 - C\ proper, upon giving ninety (90) days notice, in writing, o~ such termination to Permittee, and thereupon Permittee sha11 vacate said premises and remove its e~~ects therefrom~ at Pe~ttee's cost. 4.02 In the event Pe~ittee uses or allows the premises to be used for any illegal or immoral purposes, or for any purpose other than that hereinabove speci~ical1y provided, or violates any o~ the provisions hereof, this Permit may be terminated by 'the District upon giving three (3) days notice, in writing, to Permittee, and thereupon Permittee shall forthwith vacate said premises and remove Permittee's effects therefrom, at Permittee's cost. 4.02 The 'District shall not be liab1e to Permittee for any loss, cost or damage incurred by the Permittee by reason of the exercise of the right of the District to cancel this Permit. ARTICLE FIVE 5.01 The Permittee sha1l be s01ely responsible for and shall defend, indemnify, keep and save harmless the Distr~ct, its Co~~i- ssioners~. officers, agents and emp1oyees, against all injuries, deaths, losses, damages, cls.1ms, patent c1aims, :;Liens, suits, 1ia- bilities, judgments, costs and expenses, which may in any wise accrue, directly or indirectly, against the District, its Commissioners , , , officers~ agents or emp1oyees, in consequence of the granting of this Permi'i., or which maY in any wise result therefrom or :from any work done thereunder, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Permittee, or Permittee's emp1oyees, or of any contractor or subcontractor, or their employees, if any, or the District, its Commissioners, of:ficers, agents and employees, and the Permittee shall, at Perm~ttee'ss01e,expense, appear, de:fend and pay all charges of attorneys and all costs and other expenses arising there:from or incurred in connection therewith, and, i:f any judgment shall be rendered against the District, its Commissioners, officer3, - 3 - agents or employees, in any such action~ the Permittee shall, at Permittee's sole expense, satisfy and discharge the same. 5.02 The Permittee, prior to entering upon said premises and using the same for the purposes for which this Permit is issued, ~,....~.,., "'")...........,....~~ ,",:",,~,-:;t.I'l:":; .o,nd k-=~'P in force, at Permittee's expense, public liability and property damage insurance in which the District~ its Commissioners, officers, agènts and employees, are a named insured from a company to be approved by the District, said policy with limits of not less than: Bodily Injury Liability Each Accident Property Damage Liability Each Accident $3,000,000 $1~000,000 Prior 'to entering upon said premises~ the Permittee shall furnish to the District certificates of such insurance or other suitable evidence that such insurance coverage ~as been procured and is maintained in full force and effect. Such insurance sha11 provide that no change~ modification in or cancellation of any insurance shall become effective until the expiration'of ten (10) days after written notice thereof shall have been given by the insurance company to the District. The provisions of this Paragraph shall in no wise limit the liability of the Permittee a~ set forth under the provisions of Paragraph 5.0l~ above. 5.03 The Permittee~ prior to entering into possession shall execute and lodge with the District, its indemnity bond in the sum of Five Thousand Dollars ($5~000.00), conditioned upon the performance of each and every condition of this Permit; such bond shall be in a form satisfactory to the Real Estate Administrator and approved by the Attorney. The furnishing of the bond requir- ed in this Article shall in no wise limit or affect the liability of the Permittee or its insurance carrier under any other provi- sion of this Permit. 5.04 Permittee expressly understands and ~grees that any , performance bond or insurance protection required by this Permit, or otherwise provided by Perm1ttee~ shall in no way limit the I' . .- 4 - {'\, ", to the District suitable evidence thereof. 7.03 The Permittee covenants and agrees not to maintain any nuis&ncð on the demisedprem1ses or permit any noxious odors to emanate from the demised premises which shall be in any manner injurious to the health a nd comfort of persons residing or being . in the vicinity of said premises, and the Permittee further covenants and agrees to keep the demised premises in a c1ean and sanitary condition. 7.04 The Permittee covenants and agrees that it shall strictly comply with any and - all statutes, laws, ordinances and , -. regulations of The Metrdpolitan Sanitary District of Greater, the United States of America, the State of Illinois, the County and the city, village, town or municipa1ity in which the subject property is located, which in any manner effect this Permit, any work done hereunder or control or l1m1 t in any way the actions of Permittee, its agents, servants and employees, or of any contractor or subcontractor of Permittee, or their employees. 7.05 Permittee covenants and agrees that on or before the termination date of this Permit, Permittee shall remove or cause , "- to be removed, any and all debris on the premises -described in , - this Permit, and any and a11 equipment, facilities, or other things erected or placed upon said premises, and will yield up said ~remlses to the District in as good condition as when the .sme ,was entered upon by Permittee. Upon _"'ermittee r s failure' so to do, the District may do so at the sole expense and cost of Permittee. ARTICLE EIGHT 8.01 Any notice herein provided to be given shall be deemed proper1y served if delivered in writing personally or mailed by registered or certified mail, postage prepaid, return receipt requested, to the District in care'of the General Superintendent, 100 East Erie Street, Chicago, Illinois 60611, or to the - 6 - n~ responsibility to defend, indemnify~ keep and ,save harmless the District, as hereinabove provided. ARTICLE SIX 6.01 It is further expressly understood that the District . shall not be liable to the Permittee for any loss, cost, or expense which the Permittee shall sustain by reason of any damage to its ,property or business caused by or growing out of the con- struction, repair, reconstruction, maintenance, existence~ operation, or failure of any of the sewers~ structu~es, or other works or equipment of the District now located or to be construct- ed on said premises~ or on the land of the District adjacent to' . said premises. , 6.02 The Permittee also agrees that if the District incurs any additional expense for additiona1 work which the District would not have had to, incur if this Permit t.ad not been executed, F then, in that event, ~he P~rmittee.agrees to pay to the District such additional expense as determined by the Chief Engineer of the District~ promptly upon rendition of bills therefor to the Permittee. ARTICtE SEVEN 7.01 It is,understoód' and agreed by and between the parties hereto that the Permittee shall not erect any structure of any type or kind upon said prem~ses except with the consent, in w'rit- ~ ing, of the Chief Engineer first had and obtained. 7.02 The Permitee, prior to entering upon said premises and using the same for the purposes for which this Pe:r:mit is granted, shall, at Permittee's sole cost and expense, obtain all permits, consents and licenses which may be required under any and all statutes, laws, ordinances and regulations of The Metropolitan Sanitary District of Greater Chicago, the United States ot America, the state of Illinois, the County, or the city, village, town or municipality in which the subject property is located, and furnish - 5 - ~'.'. t ~ < Permittee in care of: , (, Edward A. Geick Assistant Village Manager Village of Mount Prospect 100 s. Emerson Street Mt~ Prospect, Illinois or to such other persons or addresses as either party may from time to time designate in writing. 8.02 In the event that the Permittee hereinabove contem- plated shall consist of two or more partie's, each and every party shall be jointly and severally liab1e for the faithful and complete performance of each ~d every provision of this Permit. 8.03 The following specified paragraphs are hereby deleted: A¡ONE . (Insert "NONE" if no paragraphs are deleted.), 4, ... - 7 .... ... ~ r\ J IN WITNESS WHEREOF, on the day and year first above written, the parties hereto have caused these presents, including Riders and Exhibits, if any, to be executed in triplicate 'by their duly authori'zed officers, duly: attested and their corporate seals to be hereunto affixed. ATTEST: Clerk <I- ATTEST: MJ!~' c erk, THE METROPOLIT.AN SANITARY DISTRICT OF GREATER CHICAGO By Chairman,Ccimmittee on Finance of the Board of Cqrnmissioners ," 'f , ! ; -- :i" 'J,' VILLAGE OF MOUNT PROSPECT, BY"~'~P~<~ - , . ' ' . , ' , , , , . ' , ' , ., " ,'" ',' , Title - 8 ~