R-22-01 Authorizing Execution of a License Agreement Between the Village of Lemont and the Owners of 1059, 1063 and 1067 Norwalk DriveRESOLUTION g -dg‘ - 0�
RESOLUTION AUTHORIZING EXECUTION OF A
LICENSE AGREEMENT BETWEEN THE VILLAGE
OF LEMONT AND THE OWNERS OF 1059, 1063 AND
1067 NORWALK DRIVE
WHEREAS, the Village of Lemont has received a request from the owners of 1059, 1063
and 1067 Norwalk Drive for permission to improve and maintain that portion of a detention basin
lot located directly adjacent to their respective properties; and
WHEREAS, the Village is the owner of the detention basin property, known as Lot 111
in Gallagher & Henry's Covington Knolls; and
WHEREAS, the owners of 1059, 1063, and 1067 seek to enter a license agreement with
the Village; and
WHEREAS, the terms and conditions of this license agreement are outlined in the
attached exhibit.
NOW,'1'HEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES of the Village of Lemont, Counties of Cook, DuPage and Will that the attached
license agreement is hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE,
ILLINOIS on this .2h44^ day of , 2001.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Richard Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
V
CHARLENE SMOLLEN, Village Clerk
NON - EXCLUSIVE LICENSE AGREEMENT
(1059 Norwalk Road; 1063 Norwalk Road; 1067 Norwalk Road)
THIS AGREEMENT made and entered into thisa2 67sday of MARCH 2001, by and
between the VILLAGE OF LEMONT, a Municipal Corporation, (hereinafter sometimes referred to
as "VILLAGE "), and located at 418 Main Street, Lemont, Illinois 60439 and LORENZO SERNA
and CERLINDA SERNA, of 1059 Norwalk Road, Lemont, Illinois 60439, JOHN C. KWIT and
DONNA L. KWIT, of 1063 Norwalk Road, Lemont, Illinois 60439, and JOHN T. FAY and DAWN
FAY, of 1067 Norwalk Road, Lemont, Illinois 60439, (hereinafter sometimes referred to as
"LICENSEES ").
WITNESSETH:
The VILLAGE hereby gives to the LICENSEES, non - exclusive permission and authority to
enter upon a triangular portion of the west detention basin lot commonly known as Lot 111,
Covington Knolls, situated between the lots on Norwalk Road in Covington Knolls and Glenys Drive
in Hillview Estates, as delineated on the attached Exhibit A which is attached hereto and made a part
of this Agreement, (hereinafter sometimes referred to as "SUBJECT PROPERTY "). This Non -
Exclusive License is specifically limited to the area defined and shall not grant any right or interest
in and to any other portion of said detention basis.
The SUBJECT PROPERTY of this Non - Exclusive License Agreement is currently a
detention basin located directly behind the property owned by the LICENSEES. The purpose of this
Non - Exclusive License Agreement is to allow the LICENSEES to install grass seed or sod, irrigate,
mow and maintain said property under the terms of this Agreement. The LICENSEES have no
authority to occupy or operate any equipment or to conduct any activities on said property except
as provided for in this Agreement and shall be prohibited from expanding, grading, constructing or
in any way altering the existing conditions except as provided under the terms of this Agreement.
The LICENSEES agree to use the property consistent with the current permitted uses as
defined in the Village of Lemont Zoning Ordinance and to use the subject property at all times in
accordance with the laws and ordinances that may be applicable thereto and also in accordance with
the rules and regulations with the proper public authorities now or at any time hereafter having
jurisdiction thereof.
The use of the subject property shall be subject to the following conditions and limitations.
All conditions and limitations shall be completed within 60 days from the date of execution of this
Agreement.
1. The LICENSEES must grade the property to conform to approved engineering plans for
Covington Knolls Unit II.
2. The LICENSEES will be responsible for the payment of all License Agreement costs.
3. The subject property shall be accessible to all adjacent property owners at all times.
4. The LICENSEES shall indemnify and hold the VILLAGE harmless from claims of damage
related to this Non - Exclusive License Agreement.
5. Permanent structures, including but not limited to accessory structures such as play
equipment, decks, sheds, and fences shall be prohibited.
6. No trees, shrubs or other landscaping shall be installed without prior approval of the
VILLAGE.
7. LICENSEES shall remove any trees or shrubs currently planted on the property.
8. The LICENSEES covenant and agree to reimburse the VILLAGE for any and all loss or
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damage and to indemnify, save harmless, and defend the VILLAGE from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees in any
manner caused by, arising from, incident to, connected with, or growing out of this Agreement or the
use of said property by the LICENSEES.
9. The LICENSEES further covenant and agree that they shall name the VILLAGE OF
LEMONT as a named insured on their homeowner's policy with policy limited of not less than
$50,000.00 coverage. The Policy or Certificate shall contain a provision and /or acknowledgment
from the provider of the Policy stating that the policy cannot be cancelled without at least 30 days
prior written notice to the VILLAGE.
10. This Agreement and the permission and authority herein given may be terminated at any
time by either party hereto by sending or giving to the other party notice in writing that on a certain
date this Agreement and said permission and authority immediately shall cease and terminate. Said
written notice shall be sent or given not less than 60 days prior to the date of termination specified
in said notice.
11. It is understood and agreed that any notice in this Agreement provided shall be deemed
to have been given properly if and when placed in the United States mail, certified and addressed to
the party to be notified at their last known business address.
12. It is understood and agreed that any failure by the VILLAGE at any time, or from time
to time, to enforce or require the strict keeping and performance by the LICENSEES of any of the
terms or conditions of this Agreement shall not constitute a waiver by the VILLAGE of such terms
or conditions, and shall not affect or impair such terms or conditions in any way, or the right of the
VILLAGE at any time to avail itself of such remedies as it may have for any breach or breaches of
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such terms or conditions.
13. It is covenanted and agreed by and between the parties hereto that this Agreement shall
inure to the benefit of and shall be and remain binding upon their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement in duplicate
originals this 2104" day of TAn rc ..- , 2001 effective the date and year first above written.
VILLAGE OF LEMONT, a Municipal
Corp
STATE OF ILLINOIS
COUNTY OF COOK
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)Cirlinda Serna
I, the undersigned,/# Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY, that 140 klIS16 and Clntvtleol Stmotkn Of the VILLAGE OF
LEMONT, a Municipal Corporation, are 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. WITNESS my hand and seal this tlo-W'clay of Ku, fin , 2001.
Notary Publi
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03S
STATE OF ILLINOIS
COUNTY OF COOK
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I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY, that LORENZO SERNA and /ERLINDA SERNA, husband and wife, are
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.
my hand and seal this/3 day of O.Q , 2001.
STATE OF ILLINOIS
COUNTY OF COOK
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\k,ei - *tors
Nota ublic
"OFFICIAL SEAL"
Vicky R. Felkerb
Nary Public, State of IEicc
My Commission Expires 11142-: a
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY, that JOHN C. KWIT and DONNA L. KWIT, husband and wife, are 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. WITNESS my
hand and seal this 23 day of c?p,i1 , 2001.
STATE OF ILLINOIS
COUNTY OF COOK
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Notary Public
"OFFICIAL SEAL"
Vicky L Filberts
Notary Public, State of lifR
My Commbsiou Expires 1$$42404
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY, that JOHN T. FAY and DAWN FAY, husband and wife, are 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. WITNESS my hand and seal
this ca3 day of O T'" tl , 2001.
"OFFICIAL SEAL"
-5- Vicky R. Folkerts
Notary Public, State of Ilti
My Commissiou Expires O$ 2$04