O-24-04 06/28/04P.
VILLAGE OF LEMONT
ORDINANCE NO. - C% V
AN ORDINANCE APPROVING LEASE AGREEMENT FOR USE OF A PUBLIC PROPERTY
TO ACCOMMODATE AN OUTDOOR DINING AREA AT
103 STEPHEN STREET IN LEMONT, ILLINOIS
(Stonecutters)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 14TH DAY OF JUNE, 2004
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 1461 day
of June, 2004
ORDINANCE NO. J-o / o Y
AN ORDINANCE APPROVING LEASE AGREEMENT FOR USE OF A PUBLIC PROPERTY
TO ACCOMMODATE AN OUTDOOR DINING AREA AT
103 STEPHEN STREET IN LEMONT, ILLINOIS
(Stonecutters)
WHEREAS, the Village of Lemont, a Municipal Corporation (hereinafter referred to as
"VILLAGE ") and Red Shamrock, L.L.C. (hereinafter referred to as "PETITIONER ") desire to enter into a
Lease Agreement attached as Attachment "A "; and
WHEREAS, the Petitioner is the owner of an existing building located at 103 Stephen Street; and
WHEREAS, in order to provide for an outdoor dining area, as more particularly described on the
plat of survey and photograph attached as Exhibit "2" of Attachment "A "; and
WHEREAS, a lease agreement is necessary as the structure will be fully located within the public
property east of Stephen Street; and
WHEREAS, the President and Board of Trustees of the Village have determined that this agreement
will allow a significant improvement to downtown area business.
NOW, THEREFORE, 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 Attachment "A ".
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS on this 14th day
of June, 2004.
Debbie Blatzer
Peter Coules
Brian Reaves
Steve Rosendahl
Ron Stapleton
Jeanette Virgilio
Attest:
AYES
v
V
NAYS ABSTAINED ABSENT
Approved by me this 14th day of June, 2004
L/r,1
JO i ' IAZZA, Vill
ge Pres
CHARLENE SMOLLEN, Village Clerk
SA LEMON11 Administration \StonecwtereStan.cuners Ordm.. e.doc
Attachment A
103 STEPHEN STREET
LEASE AGREEMENT
WHEREAS the VILLAGE OF LEMONT entered into a Ground Lease dated June 18, 1981,
between THE VILLAGE OF LEMONT and DALE AND DOROTHY STRAND for certain property
more specifically identified on the attached Exhibit referred to as The Strand Lease ", and
WHEREAS the Strand Lease provides for off- street parking to the general public
inconsideration for the VILLAGE OF LEMONT installing and paying for various improvements and
payment of all real estate taxes assessed against said Strand property; and
WHEREAS, the Strand Lease provides for termination in the event the leasehold property
is sold or transferred; and
WHEREAS, RED SHAMROCK, L.L.C. is the current ownerofthe underlying property of the
Strand Lease and that RED SHAMROCK, L.L.C. is desirous of amending said lease in exchange
for the VILLAGE OF LEMONT allowing certain village owned property to be leased to RED
SHAMROCK, L.L.C.
NOW, THEREFORE, in consideration for the mutual promises ard undertakings hereinafter
set forth, the undersigned agree as follows:
1. Lease Term. The Strand Lease, identified on Exhibit "1" will be amended to provide the
following:
A. The VILLAGE OF LEMONT shall pay no compensation or real estate taxes for the
year 200q and any subsequent years;
B. The term of the Strand Lease Agreement shall to for a five (5) year period
commencing July 1, 2004 and, at the option of either party, may be extended for
two (2) five (5) year periods. In order to effectively exercise the option, either party
shall send written notice to the other requesting said option within one hundred
eighty (180) days of the date of expiration.
2. Consideration. In consideration for the waiver of payment of taxes for the Strand
Lease, the VILLAGE OF LEMONT agrees to lease certain Village owned property
1
identified on attached Exhibit "2" to RED SHAMROCK, L.L.C. for the limited purpose
of accessory outdoor dining in connection with the proposed Stonecutters Seafood and
Chophouse Restaurant located at 103 Stephen Street.
3. Purpose. RED SHAMROCK, L.L.C. further agrees that the outdoor dining area will be
improved in accordance with a general site plan approved by the VILLAGE OF
LEMONT and will not place any equipment and furniture, or conduct any activity on the
leased property other than provided for in the Agreement and specifically approved, in
writing, by an authorized representative of the VILLAGE CF LEMONT.
4. Insurance. RED SHAMROCK, L.L.C., prior to entering upon the leasehold premises
and using the same for the purposes for which RED SHAMROCK, L.L.C. is issued,
shall procure, maintain and keep in force, at RED SHAMROCK, L.L.C. contractor's
expense, public liability, dram shop and property damage insurance with the VILLAGE
OF LEMONT as a named insured as well as all risk property insurance in which the
VILLAGE OF LEMONT is named loss payee from a company to be approved by the
VILLAGE OF LEMONT, with limits of not less than one mil ion dollars ($1,000,000.00)
per occurrence or such other endorsements as may be reasonably required.
Upon the VILLAGE OF LEMONT's written request, RED SHAMROCK, L.L.C. shall
provide the VILLAGE OF LEMONT with copies of the actual insurance policies within
five (5) days of the VILLAGE OF LEMONT's request for the same. Such certificates
and insurance policies shall clearly identify the leasehold premises and shall provide
that no change, modification in or cancellation of any insurance shall become effective
until the expiration of thirty (30) days after written notice thereof shall have been given
by the insurance company to the VILLAGE OF LEMONT.
5. Covenants to Comply. RED SHAMROCK, L.L.C. covenants and agrees that it shall
strictly comply with any and all statutes, laws, ordinarce and regulations of the
VILLAGE OF LEMONT in which the property is located, which in any manner effect this
Lease, any work done hereunder or control or limit in any way the actions of RED
SHAMROCK, L.L.C., its agents, servants and employees or of any contractor or
subcontractor of RED SHAMROCK, L.L.C, or their employees.
2
6. Condition after Termination. RED SHAMROCK, L.L.C. covenants and agrees that on
or before the termination date of this Lease, RED SHAMROCK, L.L.C. shall remove or
cause to be removed, any and all debris on the premises described in this Lease, and
any and all equipment, facilities, or other things erected or placed upon said premises,
and will yield up said premises to the VILLAGE OF LEMONT in as good condition as
when the same was entered upon by RED SHAMROCK, L.L.C. Upon RED
SHAMROCK, L.L.C.'s failure so to do, the VILLAGE OF LEMONT may do so at the sole
expense and cost of RED SHAMROCK, L.L.C.
7. Notice. Any notice herein provided to be given shall be deemed property served if
delivered, in writing, personally or mailed by registered or certified mail, postage
prepaid, return receipt requested, to the VILLAGE OF LEMONT in care of the Village
Administrator, 418 Main Street, Lemont, Illinois 60439, or to RED SHAMROCK, L.L.C.
in care of:
Stonecutter's Seafood & Chophouse Restaurant
103 Stephen Street
Lemont, Illinois 60439
8. Indemnity. RED SHAMROCK, L.L.C. shall be solely respersible for and shall defend,
indemnify, keep and save harmless the VILLAGE OF LEMONT, its officers, agents and
employees, against all injuries, deaths, losses, damages, claims, patent claims, liens,
suits, liabilities, judgments, costs and expenses which may n any way accrue, directly
or indirectly, against the VILLAGE OF LEMONT, its officers; agents or employees, in
consequence of the granting of this Lease, or which may in anyway result therefrom or
from any work done hereunder, whether or not it shall be alleged or determined that,
the act was caused through negligence or omission of RED SHAMROCK, L.L.C., or
RED SHAMROCK, L.L.C. employees, or of any contractor or subcontractor, or their
employees, if any, and RED SHAMROCK, L.L.C., shall at RED SHAMROCK, L.L.C.'s
sole expense appear, defend and pay all charges of attorneys and all costs and other
expenses arising therefrom or incurred in connection therewith, and if any judgment
shall be rendered against the VILLAGE OF LEMONT, its officers, agents or employees,
in any such action RED SHAMROCK, L.L.C., shall, at RED SHAMROCK, L.L.C.'s sole
expense, satisfy and discharge the same.
3
9. Hold Harmless. It is further expressly understood that the VILLAGE OF LEMONT shall
not be liable to RED SHAMROCK, L.L.C. for any Toss, cost, or expense which RED
SHAMROCK, L.L.C. shall sustain by reason of any damage to its property or business
caused by or growing out of the construction, repair, reconstruction, maintenance,
existence, operation, or failure of any of the sewers, structures, or other works or
equipment of the VILLAGE OF LEMONT now located or to be constructed on said
premises, or on the land of the VILLAGE OF LEMONT adjacent to said premises.
'10. Condition of Promises. RED SHAMROCK, L.L.C. expressly acknowledges that the
VILLAGE OF LEMONT has made no representations, warranties, express or implied,
as to the adequacy, fitness or condition of Lease premises or the improvements upon
the Lease premises. RED SHAMROCK, L.L.C. accepts the Lease premises and the
improvements thereon, if any, "AS -IS" and "WITH ALL FAULTS ". RED SHAMROCK,
L.L.C. acknowledges that it has inspected the Lease premises and has satisfied itself
as to the adequacy, fitness and condition thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the
41day of `�ln v . 2004.
F. Pia
e of L
za, Vil age reside t
most, a Municipal or
Charlene M. Smollen, Village Clerk
4
LESSOR:
By: /s
Bri n J. Bonnett, Operations Manager
Red Shamrock, L.L.C.
CR(XIM) LEASE
11IIS II Dfjnf:, made this 4 day o "
�aL'' 1981, between the
Vrr.i:!Cri OF ].lM:f, lessee, an] PALI] ST1WO and 1X RO'1i Y S-ITWIT), Lessors;
'XIT 1: S .. T 1 i:
17V'i I1fi: Lessors, for a',] in consideration of
to cr.tirr:::n-s and agree-
merits hcrei:;nft: r mentioned, to be kept and performed IT Cie Lessee, have
demised and leased to the Lessee, all these premises situated in the VILLAGE
OF LFIADNr, in the County of Cook, and State of 11 1 i ru:1: , liaimoi and described
as follows, to wit:
That portion of the property cutlined in red on the
attached Exhibit prepared by Joseph A. Schucit t;
Associates .identified as Project No. 79 -19 -97 entitled
Paving f, Lighting Plan I F, M Canal Parking Facility.
TO HAVE AND TO HOLD the above described premises, wide the appurte-
nances, unto Lessee, from the 1st day of July, 1981, on a year to year
basis, except that if said property is sold or transferred to a hona fide
Purchaser for valuc,.the Lessor may terminate nnid Lease upon serving, Lessee
90 days written notice.
Me consideration Cur said Lease shall be the improvement and striping
of parking lot area shad.', in the attached Exhibit n :tl i rd in red end
identified as "Lease Area ", and the payment of general real estate taxes
assessed against that portion of the property )easel to the V1LLACF from and
after the date of the execution of this Lease.
1.ESSEF.• FURTIMR COVENANTS with Lessors that Lessee wi 11 keep said
demised premises in a clean and wholesome condi t inn, in accordance wi th the
ordinances of the VILIAGE, and directions of the health officers, and that,
at the expiration of the time in this Lease mentioned, Lessee will yield
up said premises to the Lessors in as good condition as when the sane were
entered upon by Lessee, loss by fire, or inevitable accident and ordinary
wear excepted.
IT IS 1.11RT1p:R AGREED BY Lessee that it will not undcrlet said premises,
or any part thereof, or assign this Lease, without the written assent of
Lessors and obtained thereto, nor use, or suffer then to he used, for any
other purpose calculated to injure the reputation of the premises, or of
the neighborhood, or to impair the value of the surrounding ncil1hborhood
property for present rue or otherwise.
I.1• IS RIMER understood and agreed that all the conditions and
covenants contained in this Lease shall he hinding upon the heirs, exec-
utors, aLln,hii;t.rators and assigns cf the parties o: tl:cse pr•.scnts,
r�•s;r.�t iv�; �•.
IN P;I'1•`U ss WHEREOF, the said parties have hereunto set their hands
and seals the day and year first above written.
LESSEE:
VIL C; OF Lr- lcN •
tIgia,L„)
resit
GVLLi Z. ��fitLl
.[test: `• C•iL/
Village Clerk
LESSORS:
Dorothy Strap
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