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HomeMy WebLinkAboutResolution #5015 - permission and hold harmless agreement for use of city property and CGI real estate holdings RESOLUTION NO 5015 A RESOLUTION APPROVING A PERMISSION AND HOLD HARMLESS AGREEMENT FOR USE OF CITY OF CANTON PROPERTY BETWEEN THE CITY OF CANTON & CGI REAL ESTATE HOLDINGS,AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS,the Legal and Ordinance Committee of the City of Canton has determined that it is in the best interests of the City of Canton and its citizens, and in the preservation of an artifact of the City of Canton's history, to relocate the "Centennial Memorial Marker"that is currently located in Greenwood Cemetery; WHEREAS,the Legal and Ordinance Committee of the City of Canton has determined that it is in the best interests of the City of Canton and its citizens, to relocate the Centennial Memorial Marker to property owned by CGI Real Estate Holdings located on north side of the intersection of West Chestnut Street and East Side Square; WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interests of the City of Canton and its citizens to enter into an agreement entitled Permission and Hold Harmless Agreement for Use of City of Canton Property as set forth in Exhibit "A" attached hereto and incorporated herein that governs CGI Real Estate's use of City owned property more commonly known as the "Centennial Memorial Marker" ; and WHEREAS,the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the Permission and Hold Harmless Agreement for use of City of Canton Property attached hereto and incorporated herein as Exhibit"A" is hereby approved by the Canton City Council. 2. That the Mayor for the City of Canton, Illinois is hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19th day of May 2015 upon a roll call vote as follows: NLR Resolutions 5/15/15 AYES: Aldermen West, Putrich,Jim Nelson, Mayhew, Justin Nelson, Ellis, Hale NAYS: None ABSENT: Alderman Lovell APPROVED: Jeffrey AT ana rPavley-Rock, City Clerk NLR Resolutions 5/15/15 PERMISSION and HOLD HARMLESS AGREEMENT FOR USE OF CITY OF CANTON PROPERTY This Agreement, made by and between CGI REAL ESTATE HOLDINGS LLC ("CGI") and, the City of Canton ("City"), Illinois, the parties hereto, is entered into this, _a day of 2015, granting permission by the City to use City property, commonly described as "Cen nnial Memorial Marker" and more particularly described as the historical stone marker that is currently located in the Greenwood Cemetery. Use of said property would include the relocation of said memorial marker from Greenwood Cemetery to the southern lawn of Fulton Square, Canton, Illinois owned by CGI. Said memorial would be displayed as a historical marker to allow tourists and historians an opportunity to study and view the memorial marker. Permission is hereby granted to temporarily use this City property for a period of ninety-nine (99) years, unless terminated sooner by CGL Therefore, in consideration of the City granting CGI permission to temporarily use this City property, CGI hereby agrees to indemnify and hold harmless the City of Canton, its officers, employees, contractors, subcontractors, guests, invitees, volunteers and agents, and to protect and defend them against any and all claims for loss or expense or suits for bodily injury or property damage, including its property, arising from CGI's use of the property and use by its employees, members, agents or contractors, or subcontractors, and from or by the use of all guests, invitees, attendees, volunteers or participants, and/or any and all persons on the property for any reason on this occasion, unless caused by the negligence or willful misconduct of the City, its employees, agents, guests, invitees, volunteers and agents. CGI understands and agrees to accept this City property in "as-is" condition; provided, however, that the City shall insure that the property is in one complete piece when it is relocated to Fulton Square. CGI also agrees to use its commercially reasonable efforts to clean and generally maintain the historical memorial marker, to keep it in good condition, and to return the property to the City in reasonably the same condition as it was before CGI's use, normal wear and tear and damage by weather excepted. Under no circumstances shall CGI be obligated to undertake any repairs or improvements to the historical memorial marker unless caused by CGI's sole negligence. Further, CGI understands that the City has a right to demand the return of said historical memorial marker if(1) CGI fails to continuously own Fulton Square or the piece of land that the memorial marker is placed on; or (2) the City provides ninety (90) days written notice to CGI that the City Council has requested the return of said memorial marker for any purpose. If CGI chooses not to continue to display said memorial marker, CGI may notify the City of its intention to return said memorial marker. The City shall have ninety (90) days to remove said memorial marker. Canton Mainstreet shall pay for the relocation of the memorial monument from Greenwood Cemetery to Fulton Square. The City shall pay for the foundation and the cement cap for the memorial monument when it is located at Fulton Square. Upon termination, CGI will not hold the City responsible for any repairs or maintenance fees which CGI has incurred during its use. If said memorial marker is relocated from the Fulton NLR Agreements 2/20/2015 Square lawn, the City will choose how to remove said memorial marker and will bear such costs associated with the removal and will repair any damages to Fulton Square lawn resulting from the removal unless CGI chooses to remove or cause to have said memorial marker removed. If CGI so chooses, CGI shall bear such costs related to the removal. CGI agrees to insure said memorial marker for the entire time it is using City property and will provide a certificate of insurance evidencing that the City is an additional named insured. IN WITNESS WHEREOF, CGI and the City of Canton cause this agreement to be made on the date above written. CGI Real Estate Holdings, City of Canton LLC y: James Murphy, ge Jyv: Jeffrey A. Fritz, Mayor NLR Agreements 2/20/2015 PERMISSION and HOLD HARMLESS AGREEMENT FOR USE OF CITY OF CANTON PROPERTY This Agreement, made by and between CGI REAL ESTATE HOLDINGS LLC ("CGI"), and, the City of Canton ("City"), Illinois, the parties hereto, is entered into this, L2 day of 2015, granting permission by the City to use City property, commonly described as "Ce ennial Memorial Marker" and more particularly described as the historical stone marker that is currently located in the Greenwood Cemetery. Use of said property would include the relocation of said memorial marker from Greenwood Cemetery to the southern lawn of Fulton Square, Canton, Illinois owned by CGI. Said memorial would be displayed as a historical marker to allow tourists and historians an opportunity to study and view the memorial marker. Permission is hereby granted to temporarily use this City property for a period of ninety-nine (99) years, unless terminated sooner by CGI. Therefore, in consideration of the City granting CGI permission to temporarily use this City property, CGI hereby agrees to indemnify and hold harmless the City of Canton, its officers, employees, contractors, subcontractors, guests, invitees, volunteers and agents, and to protect and defend them against any and all claims for loss or expense or suits for bodily injury or property damage, including its property, arising from CGI's use of the property and use by its employees, members, agents or contractors, or subcontractors, and from or by the use of all guests, invitees, attendees, volunteers or participants, and/or any and all persons on the property for any reason on this occasion, unless caused by the negligence or willful misconduct of the City, its employees, agents, guests, invitees, volunteers and agents. CGI understands and agrees to accept this City property in "as-is" condition; provided, however, that the City shall insure that the property is in one complete piece when it is relocated to Fulton Square. CGI also agrees to use its commercially reasonable efforts to clean and generally maintain the historical memorial marker, to keep it in good condition, and to return the property to the City in reasonably the same condition as it was before CGI's use, normal wear and tear and damage by weather excepted. Under no circumstances shall CGI be obligated to undertake any repairs or improvements to the historical memorial marker unless caused by CGI's sole negligence. Further, CGI understands that the City has a right to demand the return of said historical memorial marker if (1) CGI fails to continuously own Fulton Square or the piece of land that the memorial marker is placed on; or (2) the City provides ninety (90) days written notice to CGI that the City Council has requested the return of said memorial marker for any purpose. If CGI chooses not to continue to display said memorial marker, CGI may notify the City of its intention to return said memorial marker. The City shall have ninety (90) days to remove said memorial marker. Canton Mainstreet shall pay for the relocation of the memorial monument from Greenwood Cemetery to Fulton Square. The City shall pay for the foundation and the cement cap for the memorial monument when it is located at Fulton Square. Upon termination, CGI will not hold the City responsible for any repairs or maintenance fees which CGI has incurred during its use. If said memorial marker is relocated from the Fulton NLR Agreements 2/20/2015 Square lawn, the City will choose how to remove said memorial marker and will bear such costs associated with the removal and will repair any damages to Fulton Square lawn resulting from the removal unless CGI chooses to remove or cause to have said memorial marker removed. If CGI so chooses, CGI shall bear such costs related to the removal. CGI agrees to insure said memorial marker for the entire time it is using City property and will provide a certificate of insurance evidencing that the City is an additional named insured. IN WITNESS WHEREOF, CGI and the City of Canton cause this agreement to be made on the date above written. CGI Real Estate Holdings, City of Canton LLC P;0;0W�1 By: James Murphy, Agent By eJ f ey A. z, Mayor NLR Agreements 2/20/2015