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R-34-98 05/11/1998Village of Lemont 418 Main Street Lemont, . 60439 -3788 98493813 8039/B002. 50- C10 €i Page 1 of 1998 -06 -11 09 :58:56 Cook County y R;ecorder. 41:60 VILLAGE OF LEMONT RESOLUTION NO. R -34 -98 DATE OF APPROVAL Mav 11 1998 RESOLUTION AUTHORIZING EXECUTION OF A PARKING LOT AGREEMENT BETWEEN CHESTER & SHIRLEY ZAPSZALKA AND THE VILLAGE OF LEMONT RESOLUTION 98493813 Pagc 2 RESOLUTION AUTHORIZING EXECUTION OF A PARKING LOT AGREEMENT BETWEEN CHESTER & SHIRLEY ZAPSZALKA AND THE VILLAGE OF LEMONT WHEREAS, the Village of Lemont is undertaking a downtown parking improvement on Talcott Street, and WHEREAS, a private unpaved parking lot exists immediately west of the proposed Talcott Street parking improvement, and WHEREAS, it is in the best interest of the private property owner and Village to coordinate the parking improvement to include both private and public properties in the improvement, and WHEREAS, an agreement has been negotiated which will govern the terms and conditions of this improvement NOW THEREFORE BE IT RESOLVEDthat the agreement between Chester & Shirley Zapszalka and the Village of Lemont attached hereto as Exhibit D is hereby approved. PASSED AND :APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 11th day of May , 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this 11 th day of u .4 98. ,'0v /_ ' • YCH • '•�A. KWASNESKI, Village President AYES NAYS PASSED ABSENT ENE SMOLLEN, Vi 1 lage Clerk Zit* ARLENE SMOLLEN, Village Clerk AGREEMENT FOR THE VILLAGE OF LEMONT AND CHESTER AND SHIRLEY ZAPSZALKA FOR PARKING LOT IMPROVEMENTS BEHIND 117 STEPHEN STREET 98493813 F'.yoc^ 3 of 1. ' a 1. _ • ' �_' _ 1 _ •.__ L___ _ . This Agreement is hereby entered into this �� day of May, 1998. The VILLAGE OF LEMONT (hereinafter referred to as "VILLAGE') and CHESTER ZAPSZALKA and SHIRLEY ZAPSZALKA, as joint tenants, (hereinafter referred to as "OWNER ") hereby agree to the terms and conditions of this Agreement. This Agreement shall be in effect for a fifteen (15) year term commencing on. June 1, 1998 and expiring on May 31, 2013. 2. SUBJECT PROPERTY. The OWNER is the owner of the property identified on the attached Plat of Subdivision attached as Exhibit "A ". Legal Description: Lots 4 and 5 in Block 1 in Singer and Talcott's First Addition to Lemont, being a Subdivision of part of the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, lying between Stephen and Holmes Street North of railroad and South of TalcottAvenue, in Cook County, Illinois. P.I.N.: 22- 20- 406 -004 and 22- 20- 406 -005 3. PSG JMPROVEMENTS. The VILLAGE and OWNER agree that the VILLAGE shall be allowed to construct a paved parking area on the SUBJECT PROPERTY in substantial conformance with construction plans attached as Exhibit `B ". In consideration of the value of reserving this land area for parking during the entire life of the Agreement the parking improvements shall be funded by the VILLAGE with no expense to the OWNER. (Exhibit to be attached showing private parking area West of dedicated public alley) 4. PARKING OPERATION. The VILLAGE and OWNER agree that the parking lot identified in Exhibit "A" shall continue to be owned and operated by the OWNER. The OWNER shall retain the right to restrict use of the lot to those individuals utilizing the businesses served by the parking lot. 5. INDEMNIFICATION AND HOLD HARMLESS DURING CONSTRUCTION. During the construction of the parking lot, the VILLAGE shall agree to indemnify and hold the OWNER harmless for any claims associated with construction activity. 6. After construction of the parking lot, the OWNER shall indemnify and hold the VILLAGE harmless for any losses or claims resulting from the private operation of the parking lot. i)_Ohli _ 1k;_ _S ► •_�_L►4 98493813 dye of L 7. PARKING ENF RC MENT. The VILLAGE may assist OWNER with police parking enforcement and patrol activities within the parking lot during the term of this Agreement. If this assistance is desired, OWNER shall execute a Lemont Police Department Agency Agreement attached as Exhibit "C ". 8. TERMINATION PROVISIONS. This Agreement may be terminated by the OWNER upon delivery of a sixty (60) day notice. Such notice shall be provided to the Village Clerk, 418 Main Street, Lemont, Illinois 60439. 9. CONSTRUCTION COSTS DUE FOLLOWING EARLY TERMINATION. The OWNER agrees that the parking lot shall be retained as a parking lot during the life of this Agreement. However, should the OWNER provide a termination of the Agreement prior to expiration, the OWNER agrees to reimburse the VILLAGE for a share of the construction costs related to the improvement. Reimbursement by the OWNER shall be based upon the following formula: (Engineering & Construction Cost of Parking Lot on SUBJECT PROPERTY) multiplied by (Number of Months Remaining in Agreement at Termination Date) divided by (Total Number of Months in Agreement - 180 Months) Reimbursement shall be made to the VILLAGE by the OWNER no later than the date of the effective termination of the Agreement. It is understood and agreed by the OWNER that no building or engineering permits shall be issued for the property unless the provisions of this section are followed. 10. FUTURE OR SUCCESSOR OWNERS. This agreement shall be binding upon all listed parties, as well as any successor owners, assignees, tenants or lessees. 11. AMENDMENTS. The VILLAGE and OWNER may amend this agreement from time to time provided that both parties concur, and such Agreements are in written form. 12. RECORDIG OF AGREEMENT. A copy of this Agreement and any amendments shall be recorded by the VILLAGE at no expense to the OWNER. 13. NOTICES: All notices required or permitted to be given hereunder shall be in writing and shall be deemed given when delivered in person or when deposited in the United States Mail, postage prepaid, certified mail, addressed as follows: Village of Lemont Attn: Village Clerk 418 Main Street Lemont, Illinois 60439 9849 38.3 Page of 1 Chester and Shirley Zapszalka 117 Stephen Street Lemont, Illinois 60439 14. B' ACH OF CONTRACT: In the event of a breach of any of the terms herein, the payment of costs and attorney's fees shall be paid for by the breaching party. OWNER: Shirley Za s'za STATE OF ILLINOIS COUNTY 0 COOK I, aforesaid, do hereby c OF LEMONT, person foregoing instrument VILLA i age President ilage Clerk NT: 471.1.9t.„) 5 , a Notary Public in and for said County, in the State that RICHARD KWASNESKI, Village President of the VILLAGE ly known to me to be the same person whose name is subscribed to the eared before me this day in person and acknowledged that he signed, sealed, and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth, including the release and waiver of the right of homestead. IN WITNESS HEREOF, I have hereunto set my h and fixed my Notarial Seal this u W day of , 19 OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC, STATE Cr 1LLUN: MY COMMISSION EXPIRES 11-12.n. No ry ' blic STATE OF ILLINOIS COUNTY fi COOK I, aforesaid, do hereby LEMONT, personall 04' 81 3 .age 4 of 11 , a Notary Public in and for said County, in the State �ify that CHARLENE SMOLLEN, Village Clerk of the VILLAGE OF , own to me to be the same person whose name is subscribed to the eared before me this day in person and acknowledged that she signed, foregoing instrument sealed, and delivered the said instrument as her free and voluntary act for the uses and purposes therein set forth, including the release and waiver of the right of homestead. IN WITNESS HEREOF, I have hereunto set my hand and fixed my Notarial Seal this i of day o I��.t' , 19 (N STATE OF ILLINOIS ) COUNTY OF COOK OFFICIAL ROSEMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8. 12.20000 Notary r'1 blic , a Notary Public in and for said County, in the State aforesaid, do hereby certify that CHESTER ZAPSZALKA and SHIRLEY ZAPSZALKA, Owners, 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 they signed, sealed, and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth, including the release and waiver of the right of homestead. aa IN WITNESS HEREOF, I have hereunto set my hand and fixed my Notarial Seal this J // day of A1� , 19 g8 . Prepared by: Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, Illinois 60439 (630) 257 -5816 b:\village\parking.lot OFFICIAL SEAL DONNA BARANOSKI NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8.12 -2000 Notary Public Russell Schomig LS t 2446 William Schomig SCHOMIG LAND SURVEYORS, LTD. Vat of ipurbep EXHIBIT A 5608 S. 74th Avenue Summit, Illinois 60501 (708) 458-4129 Lot 5 in Clock 1 in Singer and Talcott's First Addition to Lemont, being a Subdivision of the Went 1/2 of the South -East 1/4 of Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, lying between Stephen end Holmes Street, North of Railroad and South or Talcott Avenue, in Cook County, Illinois. 33 Refer to Title Policy for items of record not shown. Consult local authorities for building lines established by local ordinances. Only prints with an 'embossed seal are official copies. Do not scale dimensions from this plat. Check Legal Description with deed and report any discrepancy immediately. This plat is not transferable. Surveyed 3" CO 19 gD Building Located .____.. 3 - aGo , 19 9a_ Ordered by: _.._ll__ .__GUItJTA Plat Number _ C• :L____ Scale 1" .• RQ Feet A/ort: SURVEY MAba 8Y OccuPA nts..1 of L•18 Bel OLb Buir.p1063. STATE OF ILLINOIS i COUNTY OF COOK f ss. We, SCHOMIG LAND SURVEYORS, LTD, as Illinois Registered Land Surveyors, hereby certify that we have surveyed the property described in the caption to the plat hereon drawn and that the said plat is a true and correct representation of the same. All dimensions are in feet and decimal parts of a foot and are correct at a temperature of 68 degrees Fahrenheit. Dinie.isions shown on buildings are to the outside of buildings. I. P. a Iton Pipe C. L F. - Chain Link Fence W. F. - Wood Fence P. U. E. s. Public Utility Easement 8. L - Ruilding line • RCOISTLR[O ILLINOI/ LAND SURV[V EXISTING CONDITION REMOVAL PLAN V a k 11 �` T_A AVENUE LCOTT _ m1®s3�1LimT 5 I 10 RITINIEsk 67.50 RAILROAD CURB UNE ORARUOE STRUCTURE DEAL NW[ M. 0166 TITS W PROPOSED IMPROVEMENT EXHIBIT B a.c a.. • am• TVE N1= SSW 1-.M.. Ir Loo. : MO STOP OW DAME SACRA CSC 01/111 CONS MO • •m.R TY. 64.12 AR IMM FOR PaL ./. • •.M Wad AM ALP IT TICK ( IOU :WM • G. M. & 0. RAILROAD �••a CONCRETE AET.M. WALL OEM. NOR s ow sr moo mu M..Q'. OGINA •.w• else •••A MOD ••••iwr • •me• IRANI aii MEM vWON Rwma TALCOTT AVENUE PARKING IAT RAMARR 116.032 -- -. aI. 04/14/96 ME M JSL N A VILLAGE OF LE CHTT PLAN PLAN de PROFILE 1998 M.F.T. ROAD PROGRAM LEMONT POLICE DEPARTMENT AGENCY AGREEMENT This agreement, made and executed this day of , 1998, by of the as Principal, and by as Agent of the Village of Lemont, Illinois, a Municipal Corporation, provides as follows: SECTION 1: PURPOSE OF AGREEMENT It is recognized that in certain situations the use of Lemont Police Officers to control certain activities on private property located within the Corporate limits of the Village of Lemont being conducted by trespassers of the property may be desirable and necessary in order to preserve and protect the health, safety, and welfare of the public. SECTION 2: POWER AND AUTHORITY a.) I, , as Principal, do hereby authorize and grant to the Village of Lemont, as my Agent, the power to control trespassers who enter and remain upon all property located at , Lemont, Illinois. b.) The Village of Lemont specifically has the power to approach persons located on the property and to order them to leave the property and not to return if they are trespassing. The Village of Lemont shall also have the power to cause trespassers to be arrested if they refuse to leave the property. The Village of Lemont, as my agent, shall also have the power to sign criminal or ordinance complaints against trespasser. c.) I, , as Principal, hereby agree that I will cooperate with the Village of Lemont in any criminal or ordinance prosecutions that may arise from the Village of Lemont's exercise of the authority granted by this Agreement. d.) The Village of Lemont, as Agent, does hereby authorize its police officers to control persons entering upon the property located at , Lemont, Illinois. The police officers are hereby authorized to approach persons located on the property to determine if they are lawfully on the property. Said police officers are empowered to arrest persons who refuse to leave or who leave and return without permission of the Principal at a later date, and said police officers are also empowered to sign criminal or ordinance complaints against the individuals on behalf of the Principal. SECTION 3: EFFECTIVE DATE OF AGREEMENT a.) This Agreement shall be in full effect and legally binding upon such time as signed and certified by each party. b.) The Chief of Police of the Village of Lemont will retain the original signed Agreement and will be responsible for circulating such Agreement for purposes of signature and record. SECTION 4• TERMINATION OF AGREEMENT a.) This Agreement shall remain in full force and effect and shall terminate on December 31, 1998. b.) This Agreement is also terminated by either party upon 24 -hours notice, in writing, to the other party. Principal: Agent: Witness: Witness: Home Address of Principal: Principal's Home Telephone Number: TT 4.0 6 ged Taii.6t,8l i BY: VILLAGE /POLICE.AGR d: \lemont \mft98 \414,ALC \parkin "1 Wed Mar 18 14:41:26 1998 E STEPHEN 4f 1Z7Of (2/1—?-7 / .5 Th. (V t /J)/ 81/ r) ' 47)1_3-7 Q T STREET NI ' i■\ N AZ2 FORY, EIRIchf A FRAME N. B Ir BXNIBIT B T8.264'86 1 • follows: LEMONT POLICE DEPARTMENT AGENCY AGREEMENT This agreement, made and executed this day of , 1998, by of the , as Principal, and by as Agent of the Village of Lemont, Illinois, a Municipal Corporation, provides as SECTION t PURPOSE OF AGREEMENT It is recognized that in certain situations the use of Lemont Police Officers to control certain activities on private property located within the Corporate limits of the Village of Lemont being conducted by trespassers of the property may be desirable and necessary in order to preserve and protect the health, safety, and welfare of the public. SECTION 2: POWER AND AUTHORITY a.) I, , as Principal, do hereby authorize and grant to the Village of Lemont, as my Agent, the power to control trespassers who enter and remain upon all property located at Lemont, Illinois. b.) The Village of Lemont specifically has the power to approach persons located on the property and to order them to leave the property and not to return if they are trespassing. The Village of Lemont shall also have the power to cause trespassers to be arrested if they refuse to leave the property. The Village of Lemont, as my agent, shall also have the power to sign criminal or ordinance complaints against trespasser. c.) I, , as Principal, hereby agree that I will cooperate with the Village of Lemont in any criminal or ordinance prosecutions that may arise from the Village of Lemont's exercise of the authority granted by this Agreement. d.) The Village of Lemont, as Agent, does hereby authorize its police officers to control persons entering upon the property located at , Lemont, Illinois. The police officers are hereby authorized to approach persons located on the property to determine if they are lawfully on the property. Said police officers are empowered to arrest persons who refuse to leave or who leave and return without permission of the Principal at a later date, and said police officers are also empowered to sign criminal or ordinance complaints against the individuals on behalf of the Principal. SECTION 3: EFFECTIVE DATE OF AGREEMENT a.) This Agreement shall be in hill effect and legally binding upon such time as signed and certified by each party. b.) The Chief of Police of the Village of Lemont will retain the original signed Agreement and will be responsible for circulating such Agreement for purposes of signature and record. SECTION 4: TERMINATION OF AGREEMENT a.) This Agreement shall remain in full force and effect and shall terminate on December 31, 1998. b.) This Agreement is also terminated by either party upon 24 -hours notice, in writing, to the other party. Principal: Agent: Witness: Witness: Home Address of Principal: Principal's Home Telephone Number: } 40 r1 36ed T 8 6 '08 6 BY: VILLAGE /POLICE.AGR