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
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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
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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.
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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
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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
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(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.
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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
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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
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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.
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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. **
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EXHIBIT B
Drawing and Legal Description of Right-of-Way
[SEE ATTACHED]
iManage 1437504
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