HomeMy WebLinkAboutRESOLUTIONS-1997-074-R-979/16/97
74-R-97
A RESOLUTION
AUTHORIZING THE CITY MANAGER
TO SIGN AN EXTENSION OF THE METROPOLITAN
WATER RECLAMATION DISTRICT PERMIT FOR ACCESS
ON THE EAST BANK OF THE NORTH SHORE CHANNEL
SOUTH OF MAIN STREET IN SKOKIE, ILLINOIS
WHEREAS, The Metropolitan Water District of Greater Chicago (MWRD) and the City
of Evanston (City), on August 11, 1994 entered into a Permit Agreement granting the City,the
privilege to use the real estate described and known as the east bank of the North Shore Channel,
just south of Main Street, Skokie, Illinois, for the period commencing August 11, 1994, and
expiring August 10, 1997; and
WHEREAS, the occupancy term provided under said permit agreement expires by its
own terms on August 10, 1997; and
WHEREAS, it is deemed beneficial to both parties to allow the rights granted in the for
Permit Agreement to continue for an additional period of time to facilitate appropriate
performance of same,
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Evanston, Cook
County, Illinois;
SECTION 1: That the City Manager is hereby authorized to sign the extension of the
Permit Agreement between the MWRD and the City of Evanston for continued access to remove
stored asphalt and concrete and for restoration on District property located along the east bank of
the North Shore Channel, just south of Main Street in Skokie, Illinois. Said agreement marked as
Exhibit A is attached hereto, and incorporated herein by reference.
SECTION 2: That the City Manager is further authorized to negotiate anjadditional
terms and conditions he deems necessary.
SECTION 3: That this resolution shall be in full force and effect from and after the date
of its passage and approval in the manner required by aw.
1 Mayor
ATTEST:
i C erk
Adopted: 2- 2 1997 l � r
Paragraph 1.01 is hereby deleted in its entirety and
substituted as follows:
1.01 The District for and in consideration of the payment of
the permit fees hereinafter set forth, hereby issues to
the Permittee a permit and license to use the following
described real estate situated in the County of Cook,
State of Illinois, for the sole and exclusive purpose of
continued access for removal of stored asphalt and
concrete and for restoration on District property located
on the east bank of the North Shore Channel, just south
of Main Street, in Skokie. Illinois , and for no other
purpose whatsoever. (For pictorial representation of
permit premises, see Exhibit A attached hereto and
made a part hereof).
5. All terms and conditions of said Permit Agreement aforesaid `
shall remain In full force and effect during this extension
period, except those covenants in said Permit Agreement
which survive the expiration, which Permittee hereby agrees
to honor.
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 authorized officers, duly
attested and their corporate seals to be hereunto affixed. .
METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
BY:
Chairman, Committee on Fiaznce
ATTEST:
Clerk
CITY OF 714-
BY:
Its ✓
Title
ATTEST:
Its
Title -
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FMF:MKWK:MLO.JMH:smd
PERMIT EXTENSION AGREEMENT
EXHIBIT A
THIS PERMIT EXTENSION AGREEMENT, made this 7th day of _August ,
199 7 , by and between THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, a municipal corporation, organized and existing under the
laws of the State of Illinois, hereinafter called "District", and' the CITY OF
EVANSTON, a municipal corporation, organized and existing under the laws
of the State of Illinois , hereinafter called "Permittee".
WITNESSETH:
WHEREAS, the District and Permittee, on August 11. 1994 , entered
into a certain Permit Agreement granting Permittee the privilege to use
the real estate described and known as the east bank of the North Share,:
Channel, just south of Main Street, in Skokie. Illinois, (for a pictorial
representation, see Exhibit A, which are attached hereto) for the period
commencing August 11, 1994 and expiring August 10. 1997 ; and
WHEREAS, the occupancy term provided under said Permit Agreement
will expire by its own terms on August 10, 1997 , and
WHEREAS, it is deemed beneficial to both parties hereto to .allow the
rights granted in the aforesaid Permit Agreement, to continue for an
additional period of time to facilitate appropriate performance of same.
NOW, THEREFORE, for and in consideration of TEN AND NO/100 ,
($10.00). in hand paid by the Permittee to the District, the promises, '
covenants, conditions, agreements and undertakings hereinafter set forth,.
and other good and valuable consideration, the receipt of whith - hereby
acknowledged, the District and the Permittee agree as follows:
1. All of the foregoing recitals, which constitute the factual basis _
for this transaction, are incorporated by reference herein and
made a part hereof.
2. The Permit Agreement dated August 11, 1994 , by and
between the District and Permittee granting a use provided `_G=FN
unto the Permittee with respect to the real estate which Is
shown in Exhibit A , attached hereto, for the period of
August 11, 1994 to August 10. 1997, is incorporated by .
reference herein and made a part hereof as though set forth in
full.
3. The expiration date of said Permit Agreement being
August 10, 1997 ,is hereby extended to October 31. 1997
which time all rights of Permittee hereunder and by virtue of
said Permit Agreement aforesaid shall cease and determine:
4. The Permittee and the District hereby agree to amend the
Permit Agreement dated August 11, 1994 as follows:
STATE OF ILLINOIS )
_ ) SS.
COrJNTY OF COOK )
I. Notary Public in and for said County, in
the State aforesaid, DO HEREBY CERTIFY that Gloria Alitto Majewski, personally
known to me to be the Chairman of the Committee on Finance of the
Metropolitan Water Reclamation District of Greater Chicago, a municipal
corporation, and Mary C. West, personally known to me to be the Clerk of said
municipal corporation, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that as said Chairman of the Committee on Finance and
said Clerk duly executed said instrument In behalf of the Metropolitan Water
Reclamation District of Greater Chicago and -caused the corporate seal to be
affixed thereto pursuant to the authority giveri'liy the Board of Commissioners of
the Metropolitan Water Reclamation District of Greater Chicago, as their free, and
voluntary act and as the free and voluntary act and deed of the Metropolitan Water+"r
Reclamation District of Greater Chicago, for the uses and purposes therein set
forth.
GIVEN under my hand and Notarial Seal this day of , A.D.
19
Notary Public
My Commission expires:
STATE OF ILLINOISAt'A )
} SS.
COUNTY OF COOK )
61�'
The undersigned, a Notary Public -in and for said County, In the State
aforesaid DOES HEREBY ACKNOWLEDGE that
. ( Name)
personally known to me to be the of
(Title)
--------------------------------------------------- a municipal
(Villagerrown/City)
corporation, and personally —know n .to ..,,me .
( Name )
to. be the Clerk of said municipal corporation and personally known to me to be
the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that as such
(Title) -
and such Clerk of said municipal corporat;c--
duly executed said instrument in behalf of said municipal corporation a
caused its corporate seal to be affixed thereto pursuant to authority give
the corporate authority of said municipal corporation, as their iree
voluntary act and as the free and voluntary act and deed of said "nunic:_
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of
A.D. 19
My Commission expires:
----------------------------------
Notary Public
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APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
Attorney
APPROVED -
General Superintendent
RECEIVED
Insurance-,.
BondSAM
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