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HomeMy WebLinkAboutResolution #11071 RESOLUTION NO. 117 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE FULTON COUNTY HOUSING AUTHORITY AND DIRECTING THE MAYOR\AND'CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT. WHEREAS, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to enter into an agreement with the Fulton County Housing Authority hereto attached and herein incorporated as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTOI`T, Fulton County, Illinois, as follows: 1. That the agreement hereto attached as Exhibit "A" between the City of Canton and the Fulton County Housing Authority is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immedia- tely upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City offCanton, Fulton County, Illlnois at a regular meeting this 20th day of August ~ 1985 upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, May , Chapman . NAYS: None, ABSENT: Alderman Bohler. APPROVED: 1 Donald E. Edwards ATTEST: n W es, City Clerk AGREEMENT N0. 458 TriIS L1Cen5E Agreement ~,aae ~~r,c =r;~~r~c intc this 21st cav of August , 1985, b~' an~ bc--tween the CITI GF CANTOP~, an Illinois municipal cOrDOraLiOr., hereina~ter CITY, and the FULTON COUNTY HOUSING AUTHORITY, a municipal corporation, hereinafter HOUSING AUTHORITY, WITNESSETH: Y~'HEREAS, the CITY is desirous of relocating its police main radio antenna and base station, and, WHEREAS, the HOUSING AUTHORITY is the owner of a structure located at 414 North First Avenue in the City of Canton, County of Fulton and State of Illinois which is generally known as Longview Apartments (hereinafter LONGVIEW), and, WHEREAS, LONGVIEW is uniquely suited for the attachment of the CITY's main police radio antenna and related equipment, and, R'HEREAS, the CITY and HOUSING AUTHORITY desire to enter into a mutual agreement of help and cooperation, one to the other, and are desirous of memorializing their agreement re- garding these matters, NUW THEREFORE, IN CONSIDERATION of the mutual covenants, pa~~rnents and conditions heretofore and hereinafter set out, HOUSING AUTHORITY hereby grants to CITY a license to place, operate anal maintain its main police radio antenna and related equipment upon the following terms and conditions: _ . L 1 ~-_ .~ ~`: J Y . 1'7 ~." ~, . _ .. v _~-] . _ 1 ~' .. , _. 1 "- Y d : 1 :. S i. Ci l., ~ _ _ c _ ir"' _ '. S ., to comp upon its real property and improver.~Qr~ts at LO"vG~'ZEiri for tfie purr_ose of installing, maintaining and repairing the main police radio antenna and related equipment as may be reasonably necessary so that the CITY's main police radio antenna and related equipment shall serve as a communications device for the police department of the CITY. The license granted herein shall be such space as is reasonably necessary to accomplish said purposes upon the roof of LONGVIEW. 2. CONSTRUCTION: HOUSING AUTHORITY hereby grants to the CITY, its officers, agents, contractors and employees, the right of reasonable access to the roof of LONGVIEW and to such portions of LONGVIER' at all tines of the day or night for the purpose of maintaining or repairing the CITY's main police radio antenna and related equipment. Construction and/or installation of said equipment and access thereto shall, however, be limited to reasonable daylight hours, absent an emergency certified to the Director of the HOUSING AUTHORITY or the President of its Board of Directors by the City Council, Mayor or Chief of Police. The parties envision that the license granted herein contemplates the instal- lation of said main police radio antenna and related equipment in a permanent or semi-permanent condition with the same being affixed to the roof of LONGVIEW. 3. RENT: In consideration of the license granted herein and the covenants and conditions contained herein, CITY shall pay - 2 - to HGL'SING nUTHORITY the sum of $1.00 ar.r.ualiy in ~he fcll~~~,~inc manner: $1.00 upon the signing of this agreement, the receip*_ anc su~~iciency of which is hereby acknowledged by Lrte HOUSI*~G AUTHORITY and $1.00 on or before Jan~.:ary 1, 1986 and on or before 3anuary 1st of each and every caiencar year that triis ag~eer,,ent is in effect. All payments shall be made by the CITY to the HOUSING AUTHORITY at its offices at 414 North First Avenue, Canton, Illinois 61520 or at such other place as the HOUSING AUTHORITY may direct from time to time in writing. 4. HOLD HARMLESS: CITY shall, at its sole expense, keep and maintain said radio tower and related equipment in a proper state of repair and CIT1' shall hold the HOUSING AUTHORITY harmless by reason of any physical damage occasioned to the HOUSING AUTHCRITY' facility by the installation and/or maintenance and/or repair of said radio antenna and related equipment. CITY shall further hold HOUSING AUTHORITY harmless by reason of any physical harm or personal injury or damage to property of the HOUSING AUTHORITY and/or its residents, agents or employees caused by the installation, construction, maintenance, use or repair of said radio tower and related equipment. It is the intention of the parties however, that this paragraph shall be limited in its application to those damages which arise by virtue of the negligent acts and/or omissions of the CITY, its officers, agents or employees. 5. INSURANCE: During the construction and/or installation or any repair, maintenance or reconstruction or reinstallation of said radio antenna and related equipment, CITY shall carry Worker's Compensation Insurance and other app*-opriate insurance including, - 3 - but not 1lmlted t0, la!Su~anCe CO~`era:~ i1ndEE=' t}° C r ! ~' ':: t S a_~OL:.~r1C , general liability and such other insurances as are necessary to totally and completely save the HOUSING AUTHORITI' rlar-:~.iess from any and all Lass or damage resulting directly or indirectly from injury to any person by virtue of said construction andJor instal- lation or repair or maintenance of said CITY's equipment. CITY shall provide the HOUSING AUTHORITY with such documentation of the existence of said insurance as is reasonably necessary to accomplish the purpose of this paragraph prior to the time con- struction is commenced. At all times after construction has been completed, and the CITY's radio antenna and related equipment is in place, CITY shall carry public liability and property damage insurance, naming the HOUSING AUTHORITY as an insured party thereon concerning any loss or damage to persons or property arising directly or indirectly from the installation, construction and/or maintenance and repair of said radio tower and related equipment. CITY shall provide the HOUSING AUTHORITY with copies of all such insurance policies and CITY shall assume and totally save the HOUSING AUTHORITY harmless against all personal injury and property damage arising directly or indirectly out of the CITY's use, .maintenance and/or repair of said property. The CITY shall satisfy itself that all contractors and agents involved in the construction, installation, reconstruction or maintenance of the facilities have insurance adequate to insure coverage to the HOUSING AUTHORITY as provided for by this paragraph. The limits of coverage for each of said policies of insurance shall be the - 4 - applicable statut~r}~.•~~al:imum lim_ts, and where no 1~-r.its are required by state statute, tr:en ar. amount of not less than S500,000.00 per person and $1,000,00U.OG per accident. 6. RENEG;AL: The parties agree that this License Agreement shall be automatically renewed on the same terms and conditions from year-to-year hereafter upon the payment of the consideration in the amount and within the time provided. Upon the failure to renew this license, CITY shall have a reasonable period of time to remove the radio antenna and related equipment and the CITY shall, at its cwn expense, restore LONGVIEW to as good a condition as when this License Agreement was first made, ordinary wear and tear excepted. 7. TERMINATION: CITY shall have the right to terminate this agreement upon reasonable notice to the HOUSING AUTHORITY, not less than 30 days in advance of the termination date, regardless of the anniversary date of this agreement and said agreement shall be deemed terminated upon the removal of the antenna and related equipment and the restoration of LONGVIEW in the manner provided herein. HOUSING AUTHORITY shall have the right to terminate this agreement in the event CITY shall fail to comply with the terms and conditions hereof, but only after giving reasonable notice to the CITY, of not less than 60 days duration, said notice to be in writing of the failure or failures of the CITY to comply with this agreement. The agreement may be terminated by mutual consent of each of the parties hereto. - 5 - 8. MISCELLtiNEOUS: `^ne `ollowing T1SCe? ~c,:i~OI~S t~ri~?S and prop%isions shall be complied with as a part of this agreement: (a) Whenever CITY, its agents, officers or employees shall utilize access to LONGVIEW, or LONGVIEEti'`s roof, CITY shall be solely responsible for securing all locked areas in the building and particularly in securing and locking all accesses and entry ways into the roof of LONGVIEW. (b) HOUSING AUTHORITY agrees to take reasonable action immediately upon the discovery of damage to its property to mitigate such damages. CITY agrees to reimburse HOUSING AUTHORITY for the reasonable expenses of undertaking such mitigation. (c) HOUSING AUTHORITY agrees to immediately notify the CITY and CITY's insurance carrier in the event of such damage. Notification shall be verbal to at least one of the following: P4ayor, City Engineer or Chief of Police followed by written notice of said occurrence. (d) Similarly, the HOUSING AUTHORITY agrees to immediately notify the CITY and the CITY's insurance company of any injury or claimed injury occasioned by any person arising out of, directly or indirectly this License Agreement and the CITY's use of the premises as provided for herein. (e) HOUSING AUTHORITY shall have no duty of inspection concerning the CITY's equipment but, in the event HOUSING AUTHORITY shall notice any apparent defect in the radio antenna - 6 - Or related ~'C711iD1:;ant 4~t11Ch Tilgilt rCaSOi,ur.1V IP.C:1Ca~e aTi llnSafe CGnd1t1OP., HO'1SING AUTHORITY aQrE?eS tG 1mmeC]iatel~, notify the CITY in the manner aforesai~. (f) The transmissions utilized by the CITY by virtue of said antenna and relayed equipr,~ent shall in no way interfere with, distort or otherwise affect, directly or indirectly, the HOUSING AUTHORITY'S cable television (including audio anal video) reception for its residents and tenants. Interference of any kind in this regard, if not imr.-~ediately corrected, shall be deemed grounds for termination of this agreement unilaterally by the HOUSING AUTHORITY by 10 days written notice. (g) Other miscellaneous terms and conditions: ©N ~..-- IN WITNESS WHEREOF, each of the parties represents and certifies to the other that the execution and delivery of this - 7 - r d~~°eTi~7'it IS Rll= Sli3nt tCi ai1ll:0~ ltti' O~allC ii7'iai aC't2vl, :~~' ~a~!? of tree governi nQ bodies of the HOUSIT~G AUTHORITY and the CITI' and, pursuant t0 Sald aUthOrity, t~:":e ~F?S/`^tiVe Oi?'1CerS :iaL'e affixed their hands and seals hereto this 21st day of August 1985 at Canton, Ili inoi s. FULTON COUNTY HOUSING AUTHORITY ~-- BY: Board Pre Ident ATTEST: ~~ ~~.~,.0~~7°'.,,/~a2i~~i~c~ Secretary CITY OF CANTON f, Mayor ~g/21/85) ATTEST: _ ~' _ City Clerk - 8 -