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R-44-97 Resolution authorizing sidewalk cafe permit for 324 main streetRESOLUTION (C-L-4 -1 RESOLUTION AUTHORIZING SIDEWALK CAFE PERMIT FOR 324 MAIN STREET (LEMONT INN) WHEREAS, the Village of Lemont has adopted Ordinance 1009, Sidewalk Cafe Odinance, to allow sidewalk cafe operations to take place on public sidewalks, and WHEREAS, in accordance with the Sidewalk Cafe Ordinance, the Village Board of Trustees shall consider approval of Sidewalk Cafe Permits, and WHEREAS, Bruno and Jean Radzevicius, as property owners for the property known as 324 Main Street, have completed the Sidewalk Cafe Permit Application, and WHEREAS, Bruno and Jean Radzevicius wish to operate a sidewalk cafe on Stephen Street, adjacent to 324 Main Street, and WHEREAS, Bruno and Jean Radzevicius have provided the Village with proof of insurance naming the Village of Lemont as an additional insured, and WHEREAS, Bruno and Jean Radzevicius have provided the Village with a signed Hold Harmless and Indemnification Agreement, and WHEREAS, Bruno and Jean Radzevicius have provided the Village with a scaled plan showing the proposed sidewalk cafe. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees that Bruno and Jean Radzevicius have met the requirements for a Sidewalk Cafe Permit and that the Application for a Sidewalk Cafe Permit for 324 Main Street be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS, on this 1 lth day of August , 1997. AYES NAYS PASSED ABSENT Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker CHA E SMOLLEN, Village Clerk Approved by me this 1 lth day of Augus 7. Attest: 1 CHARLENE SMOLLEN, Village Clerk CHARD A. KWASNESKI, Village President PRODUCER RALPH R. BALL & ASSOCIATES 1000 JORIE BLVD., SUITE 140 OAK BROOK, IL 60521 PH 630- 368 -0800 / FX 630 - 368 -0600 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A CAPITOL INDEMNITY CORPORATION INSURED BRUNO AND JEAN RADZEVICIUS DBA THE LEMONT INN 324 MAIN STREET LEMONT, IL 60459 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM /DD/YY) DATE (MM /DD/YY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNERS & CONTRACTORS PROT CP 00059144 01 -31 -97 01 -31 -98 GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ 1,000,000. 1,000,000. 1,000,000. 1,000,000. 50,000. MED EXP (Any one person) 5,000. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL EXCL WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ OTHER A LIQUOR LIABILITY LL90002450 01 -31 -97 01 -31 -98 $1,000,000.00 COMBINED SINGLE LIMITS DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS RESTAURANT SERVING ALCOHOLIC BEVERAGES ADDITIONAL INSURED: VILLAGE OF LEMONT 418 MAIN STREET LEMONT, IL 60439 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. TATIVE VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 (708) 257 -1580 APPLICATION FOR S1i lJ4 _r, C• � fl PERMIT REAL ESTATE TAX I . D - a0 - 1j 7 L q. - 0 D I - D C) O APPLICANT MUST COMPLETE ALL ITEMS AND SUBMIT ALL NECESSARY PAPERWORK LOCATION OF IMPROVEMENT rhv�i , 1 NA/ ADDRESS 3;4 /.4 6111/ Eino►Vit /( SUBDIVISION LOT # OWNER OR LESSEE NAME - 41 4 Rwro r4clzeOciuS ADDRESS PHONE NO. CONTRACTOR /v/4 3 o?'/ 114 f i hr 5T ZS- 7- `2s-' C' S int 2� �eMf) cgda -5 (2c) 4 PE T0 r&-a2 1,6,e oil v9- ti- c r-E" nip € - Si of ( C- rV BUILDING PERMIT NO. BUILDING PERMIT FEE S TOTAL COST OF IMPROVEMENT 8 34(91 I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and WE AGREE TO CONFORM TO ALL APPLICABLE OF THIS JURISDICTION. IP t Signature of p1 .nt Date of Application Mayor Richard A. Kwasneski Village Clerk Charlene M. Smollen Administrator Steven A. Jones TO: FROM: DATE: SUBJECT: LEMONT Village of Faith 418 Main Street • Lemont, IL 60439 -3788 (630) 257 -1550 Fax (630) 257 -1598 email: vlemont @aol.com MEMORANDUM Mayor and Village Board Iain Vasey, ED Coordinator August 11, 1997 Sidewalk Cafe Permit, 324 Main Street (Lemont Inn) Trustees Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker The Board will recall the establishment of the Sidewalk Cafe Ordinance in 1996. This ordinance allows restaurant and cafe owners to locate and operate a sidewalk cafe provided that they meet the following requirements: • Provide proof of insurance, naming the Village as an additional insured, for $1 million. • Provide the Village with a Hold Harmless and Indemnification Agreement. • Provide a scaled site plan, showing location of tables, chairs, awl other items (and maintaining a minimum 5 foot of clear sidewalk space, with the area fenced off with theater - ropes). • No alcohol can be served in the sidewalk cafe area. The initial permit application requires Board approval, subsequent renewals can be handled by staff. The applicants, Jean and Bruno Radzevicius, owners of the Lemont Inn, intend to locate a sidewalk cafe along their building on Stephen Street. The sidewalk is between 10 feet 6 inches" and 11 feet in width, which would enable them to have between 5 feet 5 inches and 6 feet for cafe use. They have met the administrative requirements of providing insurance documentation, plans, and a Hold Harmless Agreement. They are aware of the slope of Stephen Street, and must position any chairs and tables so that a customer could not fall backwards. The Building Department is satisfied that if the applicants locate the chairs and tables in such a fashion, then this should not be a problem. The Planning Department has reviewed the plan to ensure clear zones are met, and approved the plan. I should point out that the Village is covered by Lemont Inn's insurance policy for $1 million and that we have a Hold Harmless Agreement. If any accident were to occur, the Village will be protected and covered. Any liability lies with the applicant. INDEMNIFICATION AGREEMENT AND HOLD HARMLESS OF ALL CLAIMS This agreement, entered into this X377/ day of qty , 199 between i..) 4- 6/ ,e)p "1; Z' (hereinafter referred to as "Owners ") and the Village of Lemont, a Municipal Corporation (hereinafter referred to as "Village "). SIDEWALK CAFE PERMIT Whereas, the Village is the trustee of the public property directly abutting the property located at 3a y 14141,,r -r . , said Village property being the right of way for JTE PHEW s fir. and, Whereas, Owners would like to occupy a portion of the sidewalk located on Village right of way for the purpose of a Sidewalk Cafe as depicted in the attached plat entitled "Exhibit A ". Whereas the Owners have made an application for a permit to the temporary use of a portion of the sidewalk for outdoor seating for their food service. Now, therefore, in consideration of the permit fee of twenty -five dollars ($25.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Village hereby grants to Owners a revocable permit to use that portion of Village's aforementioned property to maintain a Sidewalk Cafe as reflected in Exhibit "A" dated 7- ?-' > . The permit shall be effective 7-/6-77 and may be renewed on an annual basis. 2. The Owners will not allow or cause the above mentioned occupation to be considered in any way to be in derogation of the right of the Village to maintain its property as indicated above, nor shall said occupancy in any manner be allowed to extinguish the Village's ownership of said property. If said Sidewalk Cafe ceases to be maintained in its proposed location and position by Owners, or in any event the Village requires the use of said property for roadway, sidewalk, or public utility purposes, then the right to maintain the Sidewalk Cafe pursuant to this agreement shall cease. 3. The Owners hold the Village harmless and indemnified against any and all claims, losses, judgments, and causes of action for any personal injury, death, or property damage arising out of the use, construction, maintenance and occupation of said Sidewalk Cafe upon Village owned property. IN WITNESS THEREOF, the parties have hereunder set their respective hands and seals as of the date first above written. VILLAGE CLERK INDEMNIFICATION AGREEMENT AND HOLD HARMLESS OF ALL CLAIMS This agreement, entered into this '-gi day of 6-y , 199 between 6/1-0r0O D2 (hereinafter referred to as "Owners ") and the Village of Lemont, a Municipal Corporation (hereinafter referred to as "Village "). SIDEWALK CAFE PERMIT Whereas, the Village is the trustee of the public property directly abutting the property located at 3a? V Mj411j ' . , said Village property being the right of way for TE /2/4/N S w t. ;and, Whereas, Owners would like to occupy a portion of the sidewalk located on Village right of way for the purpose of a Sidewalk Cafe as depicted in the attached plat entitled "Exhibit A ". Whereas the Owners have made an application for a permit to the temporary use of a portion of the sidewalk for outdoor seating for their food service. Now, therefore, in consideration of the permit fee of twenty -five dollars ($25.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Village hereby grants to Owners a revocable permit to use that portion of Village's aforementioned property to maintain a Sidewalk Cafe as reflected in Exhibit "A" dated 7-?-q7 . The permit shall be effective -7— /6- y7 and may be renewed on an annual basis.