Loading...
O-62-00 11/13/2000VILLAGE OF LEMONT ORDINANCE NO. AN ORDINANCE APPROVING LICENSE AGREEMENT FOR USE OF A PUBLIC RIGHT -OF -WAY TO ACCOMMODATE A TEMPORARY CANVAS ENCLOSURE/WIND SCREEN AT 107 STEPHEN STREET, LEMONT, ILLINOIS (La Dolce Vita) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 13th day of November , 2000. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 13th day of November , 2000 ORDINANCE NO & -oa AN ORDINANCE APPROVING LICENSE AGREEMENT FOR USE OF A PUBLIC RIGHT -OF -WAY TO ACCOMMODATE A TEMPORARY CANVAS ENCLOSURE/ WIND SCREEN LOCATED AT 107 STEPHEN STREET, LEMONT, ILLINOIS (La Dolce Vita) WHEREAS, the Village of Lemont, a Municipal Corporation, (hereinafter referred to as "VILLAGE "), and Jerry and Thadeus Kapusta (hereinafter referred to as "PETITIONERS ") desire to enter into a Sidewalk License Agreement attached as Exhibit "A "; and WHEREAS, the Petitioners are the owners of an existing building located at 107 Stephen Street; and. WHEREAS, in order to better insulate the interior of the restaurant and provide a buffer from cold air entering the main entrance, as more particularly described on architectural drawings attached as Exhibit `B "; and WHEREAS, a license agreement is necessary as the structure will be fully located within the public right -of -way at Stephen Street; and WHEREAS, the President and Board of Trustees of the Village have determined that this agreement will allow a significant improvement to a downtown area business. NOW, '1'REREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont and the Petitioners to enter into this Agreement attached as Exhibit "A ". PASSED AND APPROVED BY 'l'HE PRESIDENT AND BOARD OF TRUSTEES OF 1'HE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this /s3 day of ")/A-Lutrri , 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Attest: AYES NAYS PASSED ABSENT V V Approved by me this 9 � day HARLENE SMOLLEN, Village Clerk ,2000. Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, II 60439 LAGE PRESIDENT 107 STEPHEN STREET LICENSE AGREEMENT THIS AGREEMENT, made into and entered into this day of November, 2000, by and between the VILLAGE OF LEMONT, a Municipal Corporation, (hereinafter referred to as the "VILLAGE "), and JERRY and THADEUS KAPUSTA, or their assignees, heirs or successors, (hereinafter referred to as "LICENSEES "), the owners of a building located at 107 Stephen Street in Lemont, IL. 60439. WITNESSETH: FIRST: The VILLAGE hereby gives to the LICENSEES, non exclusive permission and authority to enter upon a portion of Stephen Street, as indicated on Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY "), which is attached hereto and made a part of this agreement. This License is specifically limited to the area defined and shall not grant any right or interest in and to any other portion of said street. SECOND: The purpose of this license agreement is to allow the LICENSEES to construct a canvas wind screen enclosure as indicated on Exhibit `B ", which is attached hereto and made a part of this agreement, on a portion of said street under the terms and conditions 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 br prohibited from expanding, constructing or in any way altering the existing conditions except as provided under the terms of this agreement. THIRD: The LICENSEES agree to use their 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 of the proper public authorities now or at any time hereafter having jurisdiction thereof. FOURTH: The LICENSEES covenant and agree to reimburse the VILLAGE for any and all loss or damage to 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 attorney's 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. FIFTH: The LICENSEES further covenant and agree that they shall name the VILLAGE OF LEMONT as a named insured on their public liability insurance policy with policy limits 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 canceled without at least 30 days prior written notice to the VILLAGE. SIXTH: This Agreement and the permission and authority herein given may be terminated at any time by either party 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 sixty (60) days prior to the date of termination specified in said notice. The LICENSEES, upon the termination of said permission and manner aforesaid, or in any other manner, if requested to do so by the VILLAGE, immediately shall remove said canvas wind screen enclosure and each and every part thereof from the property of the VILLAGE, and shall restore said property to a condition equal to that which existed at the time of the installation of said canvas wind screen enclosure at the sole cost and expense of the LICENSEES and said LICENSEES shall save the VILLAGE harmless from any damage, injury or expense caused or occasioned by or incident to such removal. If the LICENSEES shall fail to remove said canvas wind screen enclosure as aforesaid, the VILLAGE shall have the right to remove all or any portion of said canvas wind screen enclosure and to restore said premises as above mentioned, and the title to all of said canvas wind screen enclosure shall vest in the VILLAGE and may be used or disposed of by the VILLAGE in any manner which the VILLAGE may desire. All of the costs and expenses incurred by the VILLAGE in and by the performance of the work aforesaid shall be paid by the LICENSEES to the VILLAGE. The termination of said permission and authority in any way shall not release the LICENSEES from any liability to the VILLAGE which has accrued or which may accrue thereafter by reason of the violation by the LICENSEES or any of the covenants or agreements herein contained. SEVENTH: 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, registered and addressed to the party notified at its last known business address. EIGHTH: 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 such terms or conditions. NINTH: It is covenanted and agreed upon 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 day of November, 2000, effective, however, the date and year first above written. APPROVED by the VILLAGE OF LEMONT, a Municipal Corporation, Counties of Cook, Will and DuPage, Illinois, this day of November, 2000. GRANTORS: TRADE- S KAPUSTAA JERRY KAPUSTA State of Illinois County of Cook ) SS ACCEPTANCE GRANTEE: ge of Lemont, a Municipal Corporation, Richard Kwasnesld, President I, the undersigned, a Notary Public in a d for said County in the State /afore id, 1)0 HEREBY CERTIFY, that rit,tEriauc LL ,k, and 1"p_c rv) /r� i� L' S �ti , , in Joint Tenancy, are 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. Given under my hand and official seal this 2000. Prepared By: Planning Department Village of Lemont 418 Main Street Lemont, Il 60439 day V A� ∎, VY1rfi Q No c OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 8.12.2004 La Dolce Vita 107 Stephen St. Wind Screen Sidewalk 5'projection IIrMapts Awning 3' projection HEIR