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HomeMy WebLinkAboutRESOLUTIONS-1992-053-R-9253-R-92 Authorizing the City Manager to Enter a General License Agreement with the CTA for Purposes of Landscape Maintenance WHEREAS, the City of Evanston is constructing the Evanston Transportation Center using Federal and TIF funding at the site of the current Davis Street "EL" Station; and WHEREAS, the City is desirous of providing a landscaped area adjacent to the Transportation Center which will require maintenance from time to time to maintain the appearance of the area; and WHEREAS, the Chicago Transit Authority (CTA) has indicated • that funds are not available from that agency to perform the maintenance requested of the City for the Transportation Center when it is completed in the Spring of 1994; and WHEREAS, the CTA has indicated their consent to the City to work on specific areas of their property through a General License Agreement, attached hereto and marked as Exhibit A. NOW, THEREFORE, BE IT RESOLVED: SECTION 1: That the City Manager of the City of Evanston is hereby authorized and directed to enter into a General License Agreement which will provide the City with authorization to enter CTA property for the purposes of landscape maintenance in the areas to be indicated in the Agreement surrounding the Evanston Transportation Center commencing with the completion of the construction of said Transportation Center. • • SECTION 2: That the General License Agreement shall be in substantial conformance with the proposed Agreement attached hereto and incorporated herein by reference as Exhibit A. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions on said agreement as may be determined to be in the best interests of the City. SECTION 4: This Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. s *yor ATTEST: City QlVrk Adopted: 13 1992 • EXHIBIT A. • GENERAL LICENSE AGREEMENT The CHICAGO TRANSIT AUTHORITY, a municipal corporation, with its place of business at the Merchandise Mart Plaza, Chicago, Illinois, hereinafter referred to as the Licensor, and the CITY OF EVANSTON, a municipal corporation located at 2100 Ridge Avenue, Evanston, Illinois 60201 hereinafter referred to as the Licensee. hereby enter into this License Agreement, dated this day of , 1991 and, AGREE: Permission is hereby given by the Licensor to the Licensee to enter onto the Licensor's real estate located between Church and Davis Streets which is that portion from the fence lines located upon the east and west sides of the CTA embankment to the respective east and west property lines, as identified on the Site Plan which is attached hereto as Exhibit A, for the purpose of maintaining landscape Simprovements constructed as part of the Evanston Transportation Center Project, subject to the following conditions, restrictions and limitations: 1) This License shall commence upon completion of the Evanston Transportation Center Project and its acceptance by the City of Evanston and the Chicago Transit Authority and shall continue thereafter subject to cancellation by either party upon five (5) days written notice to the other party and such notice may be served by either party by hand delivery to the other party or by depositing the same in the United States Mail, certified, and addressed to the other party at the address stated herein. 2) To secure the performance of this agreement, Licensee has deposited with Licensor the sum of One Dollar ($1.00), receipt whereof is hereby acknowledged. -2- 3) The Licensee shall use the premises for no other purpose than that stated herein; in addition, it is understood by the parties that this license is given subject to any use for transportation purposes now made or hereafter to be made by the Licensor, including the right to enter upon the premises to repair and to maintain structures and Licensor shall not be responsible for restoring the landscape improvements or for any damage to the landscape improvements as a result of Licensor having to enter upon the premises to repair and maintain any such structures; that any transportation use.hereafter made which is inconsistent with the license granted herein automatically terminates said license; that the Licensor and/or other persons or corporations interested in the premises as owner or Lessee, and any other persons having a License or permission from the Licensor to enter onto the premises herein described. may do so for any purpose that is not inconsistent Swith the License herein granted. 4) The parties herein agree that their relationship is strictly that of Licensor and Licensee; that this instrument is not a lease and does not create any interest in the Licensee in the land herein described; that the Licensee shall not be deemed to be the employee, agent or tenant of the Licensor for any purpose whatever; and that no act of either party to this agreement will create any interest in the land in the Licensee. 5) The License hereby granted is personal to the Licensee and shall not be assigned or sub -licensed without the written consent of Licensor. Any attempted assignment or sub -license by Licensee without the consent of Licensor shall automatically terminate this license. This provision however shall not prohibit the Licensee from contracting with a landscape firm of its choosing to act as its agent to perform the actual maintenance work called for in this agreement. Except as • • -3- herein prohibited, this agreement shall be binding upon the parties hereto and their respective representatives, successors and assigns. 6) The Licensee shall keep the premises in a clean and wholesome condition at all times and surrender the same at the termination of this License in at least as good condition as at the date hereof. 7) The Licensee shall store no goods or materials or other matter upon the premises except as herein expressly permitted; storage or parking of any motor vehicles is expressly prohibited. 8) The Licensee shall do all work authorized in a manner satisfactory to and subject to the approval of Licensor's engineer. 9) The Licensee shall pay, in addition to the license fees herein provided, any taxes, assessments, imposts or other charges levied upon the premises because of the suse thereof or the erection of any building or structure thereon by Licensee. 10) The Licensee shall indemnify and save and hold harmless the Licensor, its successors and assigns, from all liability for injuries to persons, deaths, or losses or damages to property resulting from the giving of this License or arising out of or caused by the construction, installation, maintenance. repair, use. presence. operation or removal of the structures or things by Licensee as specified herein, and the use and occupation of the demised premises herein granted; the Licensee shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection with any of these provisions. 11) The Licensee shall reimburse the Licensor for any expense it may be put to for the protection of its tracks, structures, or operation during the progress of any work done hereunder; and shall assume and pay and indemnify and save and hold • harmless the Licensor from all loss or damage caused by fire communicated to Licensor's property by or from any structure or property placed or maintained upon Licensor's premises under this license. 12) The Licensee shall conform with all laws, ordinances, and municipal regulations in the use of said premises. 13) Licensee is self -insured and has, subject to the receipt of tax revenues in accordance with the City budget estimates, funds available to meet its contingent legal responsibilities. Licensor acknowledges that the licensee is self -insured and will accept in lieu of an insurance policy, a certificate confirming self -insured status. Licensor reserves the right to require additional insurance from Licensee because of any improvements made by Licensee or use of the property by Licensee exposing Licensor to liability not satisfactorily covered by the above insurance Srequirements. Licensor acknowledges that the Licensee is self -insured and will accept in lieu of an insurance policy, a certificate confirming self -insured status and that it has funds available in amounts as may be required to meet its responsibilities thereunder. LICENSEE: Accepted: CITY OF EVANSTON By: Title: City Manager Address for Notice: Office of the City Manager Civic Center 2100 Ridge Avenue • Evanston, Illinois 60201 20Y18/21 LICENSOR: CHICAGO TRANSIT AUTHORITY By: Title: General Attorney Address for Notice: Real Estate Dept. -R7 -132 P O Box 3555 Chicago, Illinois 60654 SITE PLAN EVANSTON TRANSPORTATION CENTER EvANSTON, 'ILLINOIS :.A - BERSON AVENUE AREAS SUBJECT TO LICENSE ARE SHADED AND OUTLINED IN RED •