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Home My WebLink AboutRESOLUTIONS-2016-046-R-166/2/2016 C'L:21-:5 [.1 A RESOLUTION Authorizing the City Manager to Grant an Easement for a Sculpture in the Right -of -Way Purchased and Maintained by the Owner of the Mixed Use Building Located at 525 Kedzie Street NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign an Easement Agreement (the "Agreement") by and between the City and Kedzie Investment Partners LLC, an Illinois limited liability company, for the City to grant an easement for the installation, future maintenance and repair of a sculpture to be placed in City sidewalk area at the corner of Kedzie Street and Chicago Avenue. The location of the sculpture is notated on Exhibit B to Exhibit 1. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City 'Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law Attes Rodney Gree City Clerk Adopted: y AXNQ, � �) , 2016 ElizOeth B. Tisdahl, Mayor -2- 46-R-16 EXHIBIT 1 EASEMENT AGREEMENT -3- Upon recording return to: City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 Attn: Michelle L. Masoncup [Recording area only] EASEMENT AGREEMENT This Easement Agreement is entered into this day of , 2016, by and between the City of Evanston, an Illinois Home Rule Municipal Corporation ("Grantor"), and Kedzie Investment Partners, LLC, an Illinois limited liability company ("Grantee"). RECITALS WHEREAS, the Grantor is the owner of the real property used for City sidewalk and landscaping purposes ("Subject Property"), and WHEREAS, the Grantee owns a mixed -use development located at 525 Kedzie Street ("Grantee's Property"), which abuts the Subject Property and Grantee's Property is legally described on Exhibit A and made part hereof, and WHEREAS, the Grantee seeks an easement for the purpose of installing and maintaining an outdoor sculpture on the Subject Property, as depicted on Exhibit B; and WHEREAS, the Grantor agrees to provide a permanent easement to Grantee for the limited purpose of installing and maintaining the sculpture as outlined in this Agreement, NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree that: The foregoing of Recitals are hereby incorporated herein and made part if hereof. 2. The Grantor hereby grants to the Grantee a non-exclusive permanent easement for ten (10) years ("Easement Term") on the Subject Property and adjacent to the Grantee's Property legally described on Exhibit A and limited to area depicted in Exhibit B ("Easement Premises") for sculpture installation and maintenance. The Easement Term may be renewed for an additional 10 years with the mutual written consent of the parties. The Easement Fee will be waived due to the public art function of the sculpture for the community. Any and all costs related to the sculpture and the grant of this easement shall be solely paid by Grantee. 3. Sculpture Specifications: a. The sculpture dimensions are approximately 89" X 60" X 30". The sculpture design is also attached as Exhibit B. b. The sculpture must be mounted and securely bolted to a small concrete pedestal. The sculpture will be installed within the fenced area of the landscaping area depicted in Exhibit B. 4. The Grantor further grants to the Grantee, or any of its agents, contractors, employees, and successors the right and privilege to enter upon the Subject Property, with reasonable notice to the Grantor, for limited purpose to perform work related to installation, inspection, maintenance for the sculpture located on Easement Premises ("Grantees' Work"). , 5. The grant of easement shall be subject to the conditions that: a. Grantee cannot expand the scope of the Easement Premises. b. The Easement Premises may be used for any use which is related to the operation of a right-of-way, installation and maintenance of utilities, and any other municipal purpose that does conflict with the Grantee's uses or rights contained within this Agreement. If the Easement Premises need to be accessed and disturbed for any Grantor operational issue and Grantor cannot reasonably address the issue presented without disturbing the Easement Premises, the City is entitled to remove the sculpture temporarily. Any re -installation must be performed at Grantee's expense. C. Grantee agrees to perform all necessary maintenance and repair to the sculpture throughout the Easement Term and if applicable, during the renewal easement term. Grantee agrees to test the sculpture periodically for structural integrity. 6. The Grantee or its designees shall, upon completion of any work authorized by this grant of easement, restore the Easement Premises surrounding the sculpture to the same surface and landscaping condition than that existing prior to beginning of the work. 7. Insurance. Grantee will add the City of Evanston as an additional insured to its insurance policy, providing a Certificate of Liability and the limits of said coverage clearly indicated. 8. Indemnification, Grantee will hold harmless, indemnify and defend Grantor, its lessees, franchises, licensees, employees, agents, personal representatives, contractors, successors and assigns, against any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits liens, causes of actions and judgments (including, but not limited to reasonable attorney's fees) arising out of, or in any way related to, or in connection with, or as a result or consequence of Grantee's Work in and/or use of the Easement Premises or Grantee's acts or omissions under this easement agreement, to the extent of Grantee's willful or negligent exercise of rights and privileges granted by this easement agreement. The Grantee's obligations in this section shall survive any termination or expiration of this easement agreement. 9. Release. Grantee shall enter upon the Easement Premises and conduct Grantee's Work at its sole risk, cost and expense. Grantee hereby waives and relinquishes any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits, liens, causes of actions and judgments related to the subject matter of this easement agreement now or hereafter arising in Grantee or any of its employees', contractors' or agents' favor occasioned by, directly or indirectly, the conditions of the Grantor's Subject Property and the Easement Premises or any improvements thereon or any other facts or occurrences with respect to Grantee's conduct under this easement agreement, other than willful or negligent acts of Grantor. The Grantee's obligations in this section shall survive any termination or expiration of this easement agreement. 10. This document contains the entire agreement between the parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force and effect, and modifications to this agreement shall be in writing and shall be signed by all parties to this agreement. 11. This Agreement for an easement shall constitute a covenant running with the land binding upon the Grantors and any of the Grantors' lessees, transferees, successors in interest, heirs, executors, and administrators. 12. The laws of the State of Illinois shall govern the terms of this agreement both as to interpretation and performance and any action brought to enforce the agreement shall be brought in the Circuit Court of Cook County. 13. This Agreement shall be recorded by the Grantee with the Cook County Recorder of Deeds notifying all future purchasers and other interested parties. IN WITNESS THEREOF, this agreement is made the date signed by the City. City of Evanston Kedzie Investment Partners, LLC Wally Bobkiewicz, City Manager Its: Print Name: EXHIBIT A LEGAL DESCRIPTION OF GRANTEE'S PROPERTY LOT 11 (EXCEPT THE NORTHERLY 7.00 FEET THEREOF) AND LOT 12 (EXCEPT FROM SAID LOT 12, THAT PART THEREOF TAKEN FOR KEDZIE STREET) IN BLOCK 11 IN WHITE'S ADDITION TO EVANSTON IN SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 525 KEDZIE, EVANSTON, ILLINOIS 60202 PIN: 11-19-401-007-0000 EXHIBIT B SCULPTURE LOCATION AND DEPICTIONS Mmlaneous Now5 - — — — - --------- - ALTN=M Land. V� &V; zm:N mm"m tffq Notis7 cc It 4io C) Schedde .. . ....... it Kedzie Street F.471= to M *A O.W ACJUZ#