HomeMy WebLinkAboutRESOLUTIONS-1989-059-R-89A RESOLUTION
GRANTING TO SAVINGS OF AMERICA FOR AN
ENCROACHMENT ON CITY RIGHT-OF-WAY
AT SHERMAN AVENUE AND GREENWOOD STREET
• WHEREAS, the City of Evanston did receive a request by
Savings of America to construct a canopy in conjunction with
their drive-in facility at Greenwood Street and Sherman Avenue,
in Evanston; and
WHEREAS, said canopy has a cornice extending one foot, three
inches beyond the property line; and
WHEREAS, the City Council of the City of Evanston does find
that there will not be detriment to the public use of said
right-of-way by the erection and extension of the canopy one
foot, three inches beyond the property line,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
•
SECTION 1: That
the City Council
of
the City of Evanston
does
hereby authorize
the
City Manager to enter
into a license agreement revocable by the City upon notice
after January 1, 2009, for consideration with Savings of America
to allow for their construction and maintenance of a canopy as
set forth in partial site plan.. , dated October 2, 1989 and further.
authorizes the City Manager to enter into said license agreement
and take those steps necessary for the facilitation of said
construction and maintenance
Mayor
ATTEST `
City Clerk
Adopted: 1989
•
r.
LICENSE AGREEMENT
The City of Evanston, a municipal corporation, (City or
Grantor,) for good and valuable consideration, receipt of which
is hereby acknowledged, hereby grants to Savings of America, a
• California corporation (Savings of America or Grantee,) a
license to construct a canopy over the new property line on
Sherman Avenue at Greenwood Street, as further set forth in the
partial site plan, attached to and incorporated into this
document as exhibit A. Said license is to permit the
encroachment of one foot, three inches beyond the new property
line.
This license is made by the City and is accepted by Savings
of America under the following terms and conditions:
1. That said license shall be for the sole and exclusive
purpose of permitting the encroachment of a canopy and the
design be submitted to the City and approved by the Department
of Building and zoning.
• 2. That said license is revocable and shall be for the
period up and until January 1, 2009.
3. That Savings of America shall both erect and maintain
said canopy in a manner and under the conditions such that it is
safe and does not obstruct pedestrian or vehicular traffic over
said alley.
4. That the cost of the installation and work as shall be
necessary to maintain said canopy in a safe manner shall be
borne solely by Savings of America, which shall also pay for and
perform repairs as are from time to time determined to be
necessary by the City Manager or his duly authorized
representative.
5. That Savings of America shall indemnify the City for
• all claims, damages, and judgments of any kind and nature
whatsoever rising out of the grant of said license and presence
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of said canopy and shall further indemnify the City of all
costs, attorney's fees, and any expenses arising out of any
actions brought against the City arising out of the grant of
said license. Savings of America shall execute a hold harm-
less agreement in a form satisfactory to the Corporation
• Counsel of the City in accordance with this.paragraph. Savings
of America shall provide evidence of an insurance policy
specifically covering the liability described in the paragraph,
and the insurance shall be in form and with companies acceptable
to the City.
6. That the terms and conditions of this language may
be modified from to time upon the consent of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their proper officers thereunto
duly authorized as of the day and the year hereinafter written.
Dated this\ day of Cvlve l 1989.
• City of Evanston, a
Municipal Corporation
By:
City Ma ager
kTTES :
4
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Savings of America
By: Lt4-
TEST:
HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement is entered into this
day of October, 1989 by and between Savings of America, a
California Corporation, with its Evanston location at Sherman
• Avenue and Greenwood Street (hereinafter referred to as
Savings) and the City of Evanston, an Illinois Municipal
Corporation, (hereinafter referred to as City). Pursuant to
and in accordance with a certain license agreement dated this
\.,3Q day of October, 1989 by and between the parties hereto:
WHEREAS, Savings of America is desirous and intends to
construct and thereafter maintain a canopy for its drive-in
facility located at Greenwood Street and Sherman Avenue; and
WHEREAS, the City has granted Savings of America the
necessary permits to construct the canopy and has entered into
an agreement granting Savings of America a revocable license to
occupy the public right-of-way; and
WHEREAS, the City requires of Savings of America as a
• condition of the aforesaid license an agreement to hold the
City harmless from any and all claims and damages on account of
said grant of use of the public right-of-way;
NOW THEREFORE, in consideration of the promises, covenants,
and conditions hereinbefore and hereinafter contained and other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as
follows:
1. Savings of America agrees to hold harmless the City from
any and all claims and damage which may arise from the
existence, maintenance or use of the canopy upon the public
• right-of-way as set forth in the partial site plan by Interplan
Practice, Ltd. dated October 2, 1989.
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2. Savings of America further agrees to provide adequate
and satisfactory insurance coverage against all risk of harm or
injury to any party through a recognized surety and provide
evidence satisfactory to the City of said coverage.
IN WITNESS WHEREOF the respective parties have executed
their respective seal on the day and date first above written.
CITY OF EVANSTON
A MUNICIPAL CORPORATION
ATTESTED:
SAVINGS OF AMERICA
/J L
ATTESTED:
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