R-53-04 08/09/2004RESOLUTION AUTHORIZING LICENSE AGREEMENT
WITH JLS REAL ESTATE DEVELOPMENT, L.L.C.
FOR YASKO MURAL, 316 CANAL STREET
WHEREAS, the Village of Lemont wishes to enter into an agreement with JLS Real Estate
Development, L.L.C. to license that portion of the east wall of the property at 316 Canal Street which
features the 1975 Yasko Bicentennial Mural; and
WHEREAS, the Grant of License attached hereto as Exhibit A outlines the terms and conditions
of the Agreement between the Village of Lemont and JLS Real Estate Development, LLC.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees as follows:
Section 1: The Mayor and Village Clerk are hereby authorized to execute the Grant of License attached
hereto as Exhibit A.
Section 2: This Resolution shall become effective upon passage, approval and publication in the
manner provided by law.
Section 3: All Resolutions or parts of Resolutions inconsistent with this Resolution are hereby
expressly repealed.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 9`h
day of August , 2004
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
AT ST:
AYES NAYS PASSED ABSENT
v
A'
JOHN • f ZA, Village reside
CHARLENE SMOLLEN, Village Clerk
GRANT OF LICENSE
GRANT OF LICENSE dated this
'9/1- day of 2004, by and
between JLS REAL ESTATE
DEVELOPMENT, LLC, an Illinois
limited liability company (herein
after referred to as "Grantor "), and
the VILLAGE OF LEMONT, an
Illinois municipal corporation
(herein referred to as "Grantee ").
(Above Space for Recorder's Use Only)
WHEREAS, the Grantor, JLS REAL ESTATE DEVELOPMENT, LLC, is the owner
of a parcel of land, which includes a commercial building, commonly known as 316 Canal
Street, Lemont, Illinois, and legally described as follows (hereinafter referred to as the "subject
premises ":
LOT 3 (EXCEPT RAILROAD) IN BLOCK 34 IN KEEPATAW IN THE WEST '/2
OF THE SOUTHEAST % OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
P.I.N.: 22 -20- 418 - 006 -0000
Property Address: 316 Canal Street, Lemont, Illinois
WHEREAS, the Grantee is the Village of Lemont, an Illinois municipal corporation.
WHEREAS, the East wall of the building located upon the subject premises features a
mural painted by Caryl Yasko in 1975 and which was created to commemorate the United States
Bicentennial celebration. Said mural has become a source of civic pride and its preservation a
goal of the Village of Lemont and its residents and businesses.
WHEREAS, the Grantor and Grantee wish to ensure the continued preservation and
maintenance of the mural, with all responsibility for and cost of said maintenance and
preservation to be borne by the Village.
WHEREAS, the Grantor desires to grant to Grantee, and Grantee desires to receive from
Grantor, a license to use that part of the wall upon the subject premises described as follows
(hereinafter referred to as the "licensed premises "):
ONLY THAT PORTION OF THE EAST WALL WHICH FEATURES THE YASKO
MURAL AS OF THE DATE OF THIS GRANT OF LICENSE.
NOW, THEREFORE, for and in consideration of the payment of the sum of One Dollar
($1.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto hereby grant, covenant and agree as follows:
1. Grant of License. The Grantor hereby grants the Grantee an exclusive license to
use, maintain and preserve the licensed premises for the term hereof. The Grantor
and Grantee expressly agree that this license is granted subject to the following
covenants, terms, restrictions, and conditions.
2. Maintenance of Mural. Grantee agrees to assume sole responsibility for all
maintenance and improvements necessary to maintain the mural in its present
condition. Grantee shall not allow the mural to fall into such disrepair as to cause the
mural to become an eyesore to the public or the Grantor, and their successors or
assigns. All maintenance, repair and improvement of the mural, and the cost thereof,
shall be the sole and exclusive responsibility of the Grantee. Any damage done to the
subject premises by the actions of the Grantee, its employees, agents, or contractors,
shall be immediately repaired, at the Grantee's expense, without delay or cost to
Grantor. All such maintenance shall be done on days and at such times and in such a
manner as will not unreasonably interfere with the operation of any business (es) then
located upon the subject premises.
3. Terms of License. The license hereby granted shall be for a term of twenty (20)
years from the date of execution hereof. Upon notice of termination given in
accordance herewith, this license shall be terminated as of the date of expiration of
said initial term, and the parties shall have no further rights, duties or liabilities
hereunder or in connection with the licensed premises, except with respect to the
indemnification provisions contained in Paragraph 4 below, which shall survive such
termination. In the event of termination of this license in accordance herewith,
Grantee shall promptly execute and deliver a good proper release of the license
hereby granted in accordance with Paragraph 5 below.
4. Indemnification. Grantee, for itself and its successors and assigns, hereby agrees to
indemnify, defend and hold Grantor, and its successors and assigns, harmless from
and against any and all losses, claims, damages, injuries, judgments and liabilities, of
any kind and nature whatsoever, arising out of or in connection with the Grantee's,
and its invitee's, guest's, contractor's, member's, officer's, agent's and employee's,
use or maintenance of the licensed premises, or otherwise arising out of or in
connection with this Grant of License.
5. Release of License. In addition to the termination provisions set forth in Paragraph 3
above, the Grantee may terminate this license at any time during the term hereof, and
shall terminate and release this license if at any time during the term hereof the
Grantee decides to discontinue maintenance and repair of the mural. If Grantee
decides to discontinue maintenance and repair of the mural, Grantee shall provide
Grantor advance, written notice of such intent, and shall further execute and deliver a
good and proper release of the license hereby granted, in recordable form, whereupon
all rights, duties and liabilities hereby created shall terminate, with the exception of
the indemnification provisions contained in Paragraph 4 above, which shall survive
such termination.
6. Assignment of Grantee's Interests. Grantee shall not transfer, assign, lease, sell,
convey, or give away their interests in this license without the prior, written approval
of the Grantor, which consent may be withheld by the Grantor in its sole discretion.
7. Preservation of Building. In the even that defects or deficiencies are found to exist
in the structural integrity of the building located upon the subject premises, and the
wall on which the mural exists requires replacement, renovation, or repair, Grantor
agrees to undertake a good faith attempt to preserve the mural. However, Grantor
retains the right to make all repairs, renovations, and replacements necessary or
appropriate to maintain the overall structural integrity of the building. Should repairs,
renovations, or replacements be necessary which would cause damager to the Yasko
mural, Grantor agrees to give written notice to the Grantee not less than thirty (30)
days prior to undertaking any such intended remedial action.
8. Destruction by Fire or Casualty. In the event the Yasko mural shall be destroyed
by fire, elements or other casualty, the license hereby granted shall thereupon cease
and determine, whereupon all rights, duties and liabilities hereby created shall
terminate, with the exception of the indemnification provisions contained in
Paragraph 4 above, which shall survive such termination. In the event of termination
of this license in accordance herewith, Grantee shall promptly execute and deliver a
good and proper release of the license hereby granted in accordance with Paragraph 5
above.
9. Notices. All notices required or permitted to be given in connection with this Grant
of License shall be deemed adequately given only if in writing and personally
delivered, sent registered or certified mail, with proper postage prepaid and return
receipt requested, or sent by Federal Express, or other overnight courier. Unless
notified of change as provided in this paragraph, all notices shall be addressed or
delivered as follows:
TO GRANTOR: JLS REAL ESTATE DEVELOPMENT, LLC
13045 Spruce Hill Court
Lemont, IL 60439
Attention: Michael Schumacher
TO GRANTEE: VILLAGE OF LEMONT
418 Main Street
Lemont, IL 60439
Attention: Mayor
With a Copy to: John P. Antonopoulos
ANTONOPOULOS & VIRTEL, P.C.
15419 127th Street, Suite 100
Lemont, IL 60439
10. No Further Interest. The Grantee hereby agrees and acknowledges that it has no
right, title or interest in and to the subject premises other than as expressly granted
and conferred by this Grant of License, and does hereby, for itself and its successors
and assigns, quit claim and convey to the Grantor any and all right, title and interest
in and to the subject premises, other than as expressly granted and conferred by this
Grant of License.
11. Construction & Governing Law. The rule of strict construction shall not apply to
this grant. This grant shall be given reasonable construction so that the intention of
the parties, to confer upon the Grantee a license to preserve the Yasko mural, for the
uses and purposes set forth herein, shall be carried out. This grant shall otherwise be
governed by and construed in accordance with the laws of the State of Illinois.
12. Binding Effect. This Grant of License shall be deemed binding upon, and shall inure
to the benefit of, the parties hereto, and their respective successors and assigns.
13. Counterparts. This Grant may be executed in two or more counterparts each of
which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Grant of License to be duly
executed this 4Z9 day of July, 2004.
Grantor: JLS REAL ESTATE DEVELOPMENT, LLC
Attest:
Its: Member
State of Illinois )
) SS
County of Cook )
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby
certify that Michael Schumacher, personally known to me to be the President /Officer,
respectively, of JLS REAL ESTATE DEVELOPMENT, LLC, being thereunto duly
authorized, signed and delivered the said instrument as the free and voluntary act of said
limited liability company, for the uses and purposes therein set forth.
ve under my hand and notarial seal this j`1 day of July, 2004.
Notary Publi
s
VILLAGE OF.; MONT /
By: 16.________
Its: M
Attest:
Its: 1
State of Illinois
County of Cook
) SS
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby
certify that John Piazza and Charlene Smollen, personally known to me to be the Mayor and
Clerk of the Village of Lemont, being thereunto duly authorized, signed and delivered the
said instrument as the free and voluntary act of said municipality, for and on behalf of the
Village of Lemont, for the uses and purposes therein set forth.
• ve under my hand and notarial seal this �' day ofd, 2004.
Notary Publics