O-51-97 08/25/9797730727
VILLAGE OF LEMONT
DEPT-01 RECORDING $7.!0
. T45555 TRAM 7499 10/02/97 09c49M00
44015 4 YE *- 97_73072?
• COOK COUNTY RECORDER
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ORDINANCE NO. ,37--
T45555 TRAM 7499 10/02/97 09:4900
4.4015 T VF *-97-730727
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AN ORDINANCE APPROVING LICENSE AGREEMENT FOR
USE OF A PUBLIC RIGHT -OF -WAY TO ACCOMMODATE RESTORATION OF
STRUCTURE LOCATED AT 238 MAIN STREET, LEMONT, ILLINOIS
(Vavra Property)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This
day of z , 1997.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, ljnois this
of , 1997.
ORDINANCE NO.16 -57-77
AN ORDINANCE APPROVING LICENSE AGREEMENT FOR
USE OF A PUBLIC RIGHT -OF -WAY TO ACCOMMODATE RESTORATION OF
STRUCTURE LOCATED AT 238 MAIN STREET, LEMONT, ILLINOIS
(Vavra Property)
WHEREAS, the Village of Lemont, a Municipal Corporation, (hereinafter referred to as
"VILLAGE "), and Gregg Vavra and Lynne Vavra (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 two -story frame building that was
constructed on or about 1850 and is located at the southwest corner of Main Street and Lemont
Street; and
WHEREAS, said building when constructed, encroached upon the public way; and Ca
WHEREAS, the existing building is being renovated in accordance with historical guidelines
so as to be restored substantially to its original condition; and
WHEREAS, an area of the building between the existing foundation and the second story
has been removed and reconfigured with glass block that was not part of the original construction of
said building; and
WHEREAS, in order to reconstruct the building as close to its original condition, the
petitioners will be required to extend the walls from the existing foundation to the second story as
more particularly described on architectural drawings now on file with the Village Building
Department; and
WHEREAS, a license agreement is necessary as the building improvement will be fully
located within the public right -of -way at Main and Lemont Street; and
WHEREAS, the President and Board of Trustees of the Village have determined that this
agreement will allow significant improvement to the downtown area.
NOW, 'I I I:REFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont and the Petitioners, Gregg and Lynne Vavra, to enter into this Agreement attached
as Exhibit "A ".
PASSED AND APPROVED BY 1'HE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEM T, COUNTY OF COOK, ILLINOIS, on this `j day
of , 1997.
AYES NAYS PASSED ABSENT
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Approved by me this
Attest:
•
ENE SMOLLEN, Village Clerk
44ti A
• CHA �'�!I! . T e S ' , VII.LAGE PRESIDENT
'f ! ,� ,
E SM LLEN, Village Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, II 60439
AUG 04''97 01 :50PM ANTONOPOULOS P.2 /7
EXHIBIT "A"
SIDEWALK L1(2,G' NT
THIS AGREEMENT, made and entered into this ‘0,74-,14- day of
gur rt— , 1997, by aid between THE VILLAGE OF LEMONT, a
Municipal Corporation, (hereinafter referred to as "VILLAGE "), and located
at 418 Main Street, Lemont, Illinois 60439 and GREGG VAVRA and LYNNE
VAVRA (hereinafter referred . to as "LICENSEES") and located at 238 Main
Street, Lemont, Illinois 60439.
WITNESSETH:
LICENSEES are the owners of an existing two -story frame building
that was constructed on or about 1850 and is currently located at the
southwest corner of Main Street and Lemont Street and legally described as:
Lot 1 (except the Southeasterly 76 feet thereof) in Block 3 in
Lemont to the South 1/z of Section 20, Township 37 North,
Range 11, East of the Third Principal Meridian, in Cook
County, Illinois.
Common Address: 238 Main Street, Lemont, Illinois 60439
Permanent Index Number: 22- 20- 312 -019; and
WHEREAS, said building, when constructed, encroached upon the
public way and more particularly described on the attached Exhibit "A"; and
WHEREAS, the existing building is being renovated in accordance with
historical guidelines so as to be restored substantially to its original condition;
d
AUG 04'97 01 :51PM ANTONOPOULOS P.3 /7
WIEREAS, an area between the existing foundation and the second
story has been removed and reconfigured with glass block that was not part
of the original ,construction of said building; and
WI EREAS, in order to reconstruct the building as close to its original
condition, the LICENSEE will be required to extend the walls from the
existing foundation to the second story as more particularly described on
architectural drawings now on file with the Village Building Department.
NOW TEEREI+ ORE., in consideration of the mutual promises,
undertaking and covenants, the parties to this agreement hereby agree as
follows:
1. The VILLAGE hereby gives to the LICENSEES permission and
authority to enter upon a portion of the public way necessary to reconstruct
the existing corner of a building as more particularly described on Exhibit WC
"A" and in accordance with plans and specifications which are currently on
file with the Village Building Department which are hereby incorporated by
reference. This License is specifically limited to the area defined and shalt not
grant any right or interest in and to any other portion of said sidewalk area.
2. In the event the subject property is destroyed either by fire, tornado
or other natural disasters, the LICENSEE shall have no authority to
reconstruct any portion of the building onto the public way and shall be
required to comply with all then current building and zoning ordinances.
3. The LICENSEE, covenants and agrees to reimburse the VILLAGE
for any and all loss or damage and to indemnify, save harmless and defend the
AUG 04' '97 01: 52PM ANTONOPOULOS . P.4/7
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 LICENSEE, its officers,
employees, guests or agents.
4. This Agreement and the permisslion and authority herein given may
be terminated, modified or amended in the event the VILLAGE shall require
the use of said property for any public purpose. The parties acknowledge that
the property in question is the triangular corner of the building identified on
Exhibit A which is attached hereto. In the event of said. termination, the
VILLAGE shall be required to give written notice which shall be sent or given
not less than 60 days prior to the date of the intended, termination. In the
event of a termination, the VILLAGE shall be authorized to remove that
portion of the triangular corner encroachment and restore said property to a
condition which meets current building codes. All costs and expenses incurred
by the VILLAGE in and by the performance of the work aforesaid shall be
paid by the LICENSEE to the VILLAGE.
5. 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 to be notified at
its last known business address.
6. 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
AUG 04 '97 01:52PM ANTONOPOULOS P.5 /7
performance by the LICENSEE 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 condition.
7. 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 Z day of
effective the date and year first above written.
VILLAGE OF LEMONT,
a ; "cipal Corporation
'AUG 04''97 01 :53PM ANTONOPOULOS
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that aLiAct,v4 , kiaug,5 vuasL of the VILLAGE
OF LEMONT, a Municipal Corporation, is known to me to be the same
person whose name is subscribed to the foregoing instrwnent, appeared before
me this day in person, and acknowledged that he/she signed, sealed and
delivered the said instrument as a free and voluntary act for the uses and
purposes therein set forth. AA
WITNESS my hand and seal of office this a.-4/1 day of tea 's
1997.
P.6 /7
STATE OF ILLINOIS )
) SS. •�
COUNTY OF COOK ) .d
I, the undersigned, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that GREGG VAVRA and LYNNE VAVRA, 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 a
free and voluntary act for the uses and purposes therein set forth.
WITNESS my band and seal of office this day of ,
1997.
Notary Public
AUG g4 '97 01:54PM ANTONOPOULOS
COMMON ADDRESS: 238 MAIN STREET
EXHIBIT "A"
P.7 /7