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O-51-98 06/08/98VILLAGE OF LEMONT ORDINANCE NO. d ORDINANCE APPROVING LICENSE AGREEMENT FOR USE OF A PUBLIC RIGHT -OF -WAY TO ACCOMMODATE A HANDICAP RAMP STRUCTURE LOCATED AT 220 LINCOLN STREET (BETHANY LUTHERAN CHURCH) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8th day of JUNE , 1998. 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 8th day of June , 1998 ORDINANCE 0 -6 I- qU AN ORDINANCE APPROVING LICENSE AGREEMENT FOR USE OF A PUBLIC RIGHT -OF -WAY TO ACCOMMODATE A HANDICAP RAMP STRUCTURE LOCATED AT 220 LINCOLN STREET (BETHANY LUTHERAN CHURCH). WHEREAS, the Village of Lemont, a Municipal Corporation, ( herinafter referred to as "VILLAGE "), and Bethany Lutheran Church (hereinafter referred to as "PETITIONER ") desire to enter into a Right -of -Way License Agreeemnt attached as Exhibit A; and WHEREAS, the Petitioner is the owner of an existing church constructed prior to the turn of the century; and WHEREAS, a license agreement is necessary to allow compliance with the Americans with Disabilities Act (ADA); and WHEREAS, the President and Board of Trustees of the Village have determined that this agreement is in the best interest of the community. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont and the Petitioner to enter into this Agreement attached as Exhibit A. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 8th day of June , 1998. Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 8th day of Jun: , 1998. IA k %mg Attest: CHARLENE SMOLLE Village Clerk ��� Village President ES PUBLIC RIGHT OF WAY LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of M ii )/ , 1998, by and between THE VILLAGE OF LEMONT, a Municipal Corporation, (hereinafter referred to as "VILLAGE "), and located at 418 Main Street, Lemont, Illinois 60439 and BETHANY EVANGELICAL LUTHERAN CHURCH, a Religious Corporation, State of Illinois (hereinafter referred to as "LICENSEE ") of 508 Lemont Street, Lemont, Illinois 60439 WITNESSETH: LICENSEE is the owner of an existing church that was constructed prior to the turn of the century, and is currently located at 220 Lincoln Street, Lemont, Illinois 60439, and legally described as follows: Lot 2. in Block 18 in N. J. Brown's Addition to Lemont in Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Address: 220 Lincoln Street, Lemont, Illinois 60439 Permanent Index Number: 22 -20- 320 -005 WHEREAS, a reconstruction project is being undertaken to comply with the American Disabilities Act, specifically the installation of a handicapped sidewalk as depicted in certain plans and specifications now on file with the VILLAGE; and WHEREAS, in order to construct the sidewalk to attain American Disability Standards, the walk -way will be required to be constructed in a public way; and WHEREAS, VILLAGE is desirous of extending a License to the LICENSEE for the purpose of constructing a handicapped accessible walk -way as depicted on plans and specifications now on file with the Village of Lemont. NOW, THEREFORE, in consideration of the mutual promises, undertakings, and covenants, the parties to this Agreement hereby agree as follows: 1. The VILLAGE hereby gives to the LICENSEE permission and authority to enter upon a portion of the public way necessary to construct a sidewalk ramp -way in compliance with American Disability Standards as depicted on certain plans and specifications now on file with the VILLAGE OF LEMONT. This License is specifically limited to the area defined and shall not grant any right or interest in and to any other portion of the public right -of -way. 2. The LICENSEE covenants and agrees to reimburse the VILLAGE for any and all loss or 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 LICENSEE, its officers, employees, guests or agents. 3. The LICENSEE shall be responsible for all maintenance of the sidewalk ramp, and shall indemnify and hold harmless the VILLAGE for any injury that may occur due to the LICENSEE's acts and /or omissions. 4. This Agreement and the permission 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, in which event the sidewalk ramp -way shall promptly be removed at no expense to the VILLAGE. 5. It is understood and agreed that any notice provided in this Agreement 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. 2 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 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 of such terms or conditions. 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 L day of All AI , 1998 effective the date and year first above written. VILLAGE OF LEMONT, a Municipal Co • oration By: Attest: 1, %`` G el; WP6.1 \VILLAGE\RIGHTOFWAYLICENSE AGREE.BETHANY LUTHERAN 3 BETHANY EVANGELICAL LUTHERAN CHURCH, a Religious Corporation State of Illinois STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, otary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that tL\O c \ IA and C. vu °1..t n . t4- -1 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 u" day of d, ft9 , 1998. OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8.12.2000 STATE OF ILLINOIS } } SS: COUNTY OF COOK } Notary Public I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that h0 iu l=a k q C4 t. /' C-. and of the BETHANY EVANGELICAL LUTHERAN CHURCH, a Religious Corporation, State of Illinois 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 ) day of iti1 A f , 1998. WP6.1 \VILLAGE\RIGHTOFWAYLICENSE AGREE.BETHANY LUTHERAN 4 A - Notary Public "OFFICIAL SEAL" Valerie M. Smith Notary Public, State of Illinois My Commission Expires 6- 13.2000