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R-28-99 Authorizing License of Mural for the Property Located at 316 Canal Street, Lemont, IllinoisRESOLUTION NO. RESOLUTION AUTHORIZING LICENSE OF MURAL FOR THE PROPERTY LOCATED AT 316 CANAL STREET, LEMONT, ILLINOIS WHEREAS, the Village of Lemont filed an action against ROBERT W. BRINDAC, JR. and FRANCES R. BRINDAC in the Circuit Court of Cook County, Chancery Division. filed as Case No. 98 CH 05536 in connection with a threat and destruction of a mural painted on property commonly known as 316 Canal Street, Lemont, Illinois; and WHEREAS, the current title holders of record have entered into a Contract to sell the property to CANAL STREET HOLDINGS, L.L.C., an Illinois Limited Liability Company: and WHEREAS, the proposed purchaser, CANAL STREET HOLDINGS, L.L.C., is desirous of granting to the Village of Lemont a 20 -Year License to allow the mural to remain in its present condition subject to certain terms and conditions which are set forth with more particularity in the attached Grant of License. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, that the Village, upon receipt of the Grant of License for a 20 -year period, consistent with or in substantial conformity with the attached Grant of License agreement, shall dismiss the pending lawsuit filed by the Village of Lemont against ROBERT W. BRINDAC, JR. and FRANCES R. BRINDAC under case No. 98 CH 05536; and FURTHER BE IT RESOLVED that the Mayor and Clerk are authorized to sign the attached Grant of License and to deliver the same simultaneously with the closing of the real estate transaction between the current title holders and CANAL STREET HOLDINGS, L.L.C. GRANT OF LICENSE GRANT OF LICENSE dated this day of May, 1999, by and between CANAL STREET HOLDINGS, L.L.C., an Illinois limited liability company (herein- after referred to as "Grantor "), and the VILLAGE OF LEMONT, an Illinois municipal corporation (hereinafter referred to as "Grantee "). (Above Space for Recorder's Use Only) WHEREAS, the Grantor, CANAL STREET HOLDINGS, L.L.C., is the owner of a parcel of land, which includes a commercial building, commonly known as 316 Canal Street, Lemont, Illinois, and legally described as follows (hereinafter referred to as the "subject premises ": LOT 3 (EXCEPT RAILROAD) IN BLOCK 34 IN KEEPOTAW IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.: 22 -20- 418 -006 -0000 Property Address: 316 Canal Street, Lemont, Illinois WHEREAS, the Grantee is the Village of Lemont, an Illinois municipal corporation. WHEREAS, the East wall of the building located upon the subject premises features a mural painted by Caryl Yasko in 1975 and which was created to commemorate the United States Bicentennial celebration. Said mural has become a source of civic pride and its preservation a goal of the Village of Lemont and its residents and businesses. WHEREAS, the Grantor and Grantee wish to ensure the continued preservation and maintenance of the mural, with all responsibility for and cost of said maintenance and preservation to be borne by the Village. WHEREAS, the Grantor desires to grant to Grantee, and Grantee desires to receive from Grantor, a license to use that part of the wall upon the subject premises described as follows (hereinafter referred to as the "licensed premises "): 1 ONLY THAT PORTION OF THE EAST WALL WHICH FEATURES THE YASKO MURAL AS OF THE DATE OF THIS GRANT OF LICENSE. NOW, THEREFORE, for and in consideration of the payment of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby grant, covenant and agree as follows: 1. Grant of License. The Grantor hereby grants to the Grantee an exclusive license to use, maintain and preserve the licensed premises for the term hereof. The Grantor and Grantee expressly agree that this license is granted subject to the following covenants, terms, restrictions, and conditions. 2. Maintenance of Mural. Grantee agrees to assume sole responsibility for all maintenance and improvements necessary to maintain the mural in it's present condition. Grantee shall not allow the mural to fall into such disrepair as to cause the mural to become an eyesore to the public or the Grantor, and their successors or assigns. All maintenance, repair and improvement of the mural, and the cost thereof, shall be the sole and exclusive responsibility of the Grantee. Any damage done to the subject premises by the actions of the Grantee, its employees, agents, or contractors, shall be immediately repaired, at Grantee's expense, without delay or cost to Grantor. All such maintenance shall be done on days and at such times and in such a manner as will not unreasonably interfere with the operation of any business(es) then located upon the subject premises. 3. Term of License. The license hereby granted shall be for a term of twenty (20) years from the date of execution hereof. Upon notice of termination given in accordance herewith, this license shall be terminated as of the date of expiration of said initial term, and the parties shall have no further rights, duties or liabilities hereunder or in connection with the licensed premises, except with respect to the indemnification provisions contained in Paragraph 4 below, which shall survive such termination. In the event of termination of this license in accordance herewith, Grantee shall promptly execute and deliver a good and proper release of the license hereby granted in accordance with Paragraph 5 below. 4. Indemnification. Grantee, for itself and its successors and assigns, hereby agrees to indemnify, defend and hold Grantor, and its successors and assigns, harmless from and against any and all losses, claims, damages, injuries, judgments and liabilities, of any kind and nature whatsoever, arising out of or in connection with the Grantee's, and its invitee's, guest's, contractor's, member's, officer's, agent's, and employee's, use or maintenance of the licensed premises, or otherwise arising out of or in connection with this Grant of License. 5. Release of License. In addition to the termination provisions set forth in Paragraph 3 above, the Grantee may terminate this license at any time during the term hereof, and shall terminate and release this license if at any time during the term hereof the Grantee decides to discontinue maintenance and repair of the mural. If Grantee decides to discontinue 2 maintenance and repair of the mural, Grantee shall provide Grantor advance, written notice of such intent, and shall further execute and deliver a good and proper release of the license hereby granted, in recordable form, whereupon all rights, duties and liabilities hereby created shall terminate, with the exception of the indemnification provisions contained in Paragraph 4 above, which shall survive such termination. 6. Assignment of Grantee's Interests. Grantee shall not transfer, assign, lease, sell, convey, or give away their interests in this license without the prior, written approval of the Grantor, which consent may be withheld by Grantor in its sole discretion. 7. Preservation of Building. In the event that defects or deficiencies are found to exist in the structural integrity of the building located upon the subject premises, and the wall on which the mural exists requires replacement, renovation, or repair, Grantor agrees to undertake a good faith attempt to preserve the mural. However, Grantor retains the right to make all repairs, renovations, and replacements necessary or appropriate to maintain the overall structural integrity of the building. Should repairs, renovations, or replacements be necessary which would cause damage to the Yasko mural, Grantor agrees to give written notice to the Grantee not less than thirty (30) days prior to undertaking any such intended remedial action. 8. Destruction by Fire or Casualty. In the event the Yasko mural shall be destroyed by fire, elements or other casualty, the license hereby granted shall thereupon cease and determine, whereupon all rights, duties and liabilities hereby created shall terminate, with the exception of the indemnification provisions contained in Paragraph 4 above, which shall survive such termination. In the event of termination of this license in accordance herewith, Grantee shall promptly execute and deliver a good and proper release of the license hereby granted in accordance with Paragraph 5 above 9. Notices. All notices required or permitted to be given in connection with this Grant of License shall be deemed adequately given only if in writing and personally delivered, sent registered or certified mail, with proper postage prepaid and return receipt requested, or sent by Federal Express, or other overnight courier. Unless notified of change as provided in this paragraph, all notices shall be addressed or delivered as follows: TO GRANTOR: With a Copy to: CANAL STREET HOLDINGS, L.L.C. 307 Canal Street Lemont, IL 60439 Attention: Margaret A. Schwartz, Manager Michael D. Hughes HUGHES & CEBULA, LTD. 19815 Governors Hwy., Suite 11 Flossmoor, IL 60422 3 TO GRANTEE: With a Copy to: VILLAGE OF LEMONT Lemont, IL 60439 Attention: Mayor John P. Antonopoulos ANTONOPOULOS & VIRTEL, P.C. 15419 127th Street, Suite 100 Lemont, IL 60439 10. No Further Interest. The Grantee hereby agrees and acknowledges that it has no right, title or interest in and to the subject premises other than as expressly granted and conferred by this Grant of License, and does hereby, for itself and its successors and assigns, quit claim and convey to the Grantor any and all right, title and interest in and to the subject premises, other than as expressly granted and conferred by this Grant of License. 11. Construction & Governing Law. The rule of strict construction shall not apply to this grant. This grant shall be given reasonable construction so that the intention of the parties, to wit: to confer upon the Grantee a license to preserve the Yasko mural, for the uses and purposes set forth herein, shall be carried out. This grant shall otherwise be governed by and construed in accordance with the laws of the State of Illinois. 12. Binding Effect. This Grant of License shall be deemed binding upon, and shall inure to the benefit of, the parties hereto, and their respective successors and assigns. 13. Counterparts. This Grant may be executed in two or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [the remainder of this page intentionally left blank] 4 IN WITNESS WHEREOF, the parties have caused this Grant of License to be duly executed this day of May, 1999. GRANTOR: CANAL STREET HOLDING, L.L.C., an Illinois Limited Liability Company, STATE OF ILLINOIS ) SS COUNTY OF COOK By: Its: Manager Attest: Its: Member I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Margaret A. Schwartz and R. Gregory Schwartz, personally known to me to be the Manager and Member, respectively, of CANAL STREET HOLDING, L.L.C., being thereunto duly authorized, signed and delivered the said instrument as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of May, 1999. Notary Public GRANTEE: VILLAG By: Its: F LEMONT Attest: Its: Clerk 5 STATE OF ILLINOIS ) SS COUNTY OF COOK I, the ersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that . ancur d A . sus and C Qo l , personally known to me to be the Mayor and Clerk of the Village of Lemont, being thereunto duly authorized, signed and delivered the said instrument as the free and voluntary act of said municipality, for and on behalf of the Village of Lemont, for the uses and purposes therein set forth. Gi n under my hand and notarial seal this firm i; i 5 Notary u'' he 10"k day of May, 1999. This Instrument Prepared By And After Recording, Mail To: Michael D. Hughes Hughes & Cebula, Ltd. 19815 Governors Highway, Suite 11 Flossmoor, IL 60422 708 - 799 -3700 H: \ DOC3\REALEST\LICENSES \CANALSTR. MRL 6 ROSEMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8.12.2000 This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this k day of i lay , 1999. AYES NAYS PASSED ABSENT John Benik Debra Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Approved by me this /n' day of ATTEST: C ENE SMOLL , Village Clerk APPRI I D TO FORM: ARLENE SMOLLEN, Village Clerk , 1999. JOH NTONOPOUL , Village Attorney B: \VILLAGE \YASKO.RES WASN _ , age President 9® ZOO-d ELI VON (E/U CT 6a 5Gf6tfSD t °(„ » s o par agar . mow sir maw* p Maud v5irrqns orp, left nveL po P raft ea omen toggese rang DA ....aZ at sonny =limo pan "manna z SO' OSSISSP leelfM3DSCS 'rerdnr.th "Li+£% ono* a4•32nopkizasszi 17UperMarad pOrargra35 at qnpo. ammo Pe Z 'S` atr RP orasppas sal Pun parazavo eliegrA m rece unsnmannend 014 P *P>sa SIMS SISSOS OSISC Ing PS= his' leferagstrala S P . al Pan SEAT W ogrrwlE. gnu gi Pa4atad rangy sansrats aadue etp, moan Igm3'43 'orreaga ' slips* IndrAltnon nInncFra Inn IPLennriVA ' A aF serTitrD stD VelOrIgtek, gralqUI 'tea y8 P 9i =ppy' Aiad°sg 0900-900-sro-Otvrt ?ATM 'A-maw ?TOOK Au Imam= 'mimosa a a 131;t 'TI azikainx 61ELIAOK LC drEISl .Ca 'VC NOILIO7S ea WI israiimmos SW. so T'r J5a 23EEL .4117.0n0111.0 PE MOW lia cavOl'I`t?x.mica £ .LO I zsa,.p se as pliaMat [t 'fie PosU ` S Ircz0 9LtE Se Sa 'IPLl4 inTalgunitoe Met Wes+' 'PtsI P laatad P gi "3171 3"'I lemeci'IOH '71100 ' VvNISECEM Woo osn xyzipagraAu wads afiecrt1 s v Passi4az S ' ttocizzodsoo pdlegatizt sip ITS ZZYVT/LS. FES 'CAS+ 1St a. Pam -SPISTO N 00£j slatrall as "a"°TZ 'SOMME O ceasPet Pin AI 4666T wen AuP sigt WM Map= AO '8sismarI,EIUU altivig3 . rco1g1 simmer sYO $a OZtiCCOPOA s1'3 ►r:so •erp1CrsC ZOOf2 '9 /Z'd UD °8 S:3ROM SOTIOdONO1Nd WLLO:$0 86. S8 AOW90 05MAY 25 '9S 28:48AM ANTONOPOULCS HUGHES & CEBULA P.2/6 L oo3 - •"'6sr1ffvps oseSb FLT 73.17i21 74156127120 _,...MIS.4.4.Q.ZU2vongsT [a nee ONLY THAT PORTION OF THE EAST WALL ValIC33 FEATURES THE 'lt"AS1 O !AURAL dS OF THE DATE ON' MIS GRANT OF LICENSE. NOW MEREFQR1, ft= and in consideration of the payment of the sum of One Dollar (51.00), and other good end valnsble conaideratien, the receipt and su y of whic . is hereby acknowledged, the parties hereto holy greed, covenant and agree as follows; Y. +['tart of rm. The enanot hereby gnat& to the cenateps as ea c1OgVe license to ene, Maintain end presaxve the licensed premises dist tile teem hereof. The Orator and Grantee resee agree that this license is granted subject to the following cameras, terms. to t .ons, awl 2. Me$1ltee2nce of 1Vmli'a1. Oman agrees to assume sole responsibility for ell maintenance and improvements nereanwe to maintain the mood in Its peerear Cam. Gneetec shall not allow due =al to AEI into such diem's r as to Devoe the Intel to hew= an eyesore tb.e public or the, Gaisno , a4 the Processors or waling'. AU maintenance, repair aitst improvement elite uneei, and the cast theet,G , steal be the SOU and exclusive responsibility of the Ozanne. Any damage done to the subject premises by file actions of the Gramm ha employees, ag i , or Cam, shall be immediattly repaired, at ms's =perm, O delay ere west to fim A.31 aneh reahrtreance shell, be des on days and at such rotas and is so= a manner as wm not unreattenalery tot ethre with the, opened= of y business(ea) then located upon the enlitect Frsanisee. 3. f Ucgus . The l ie brig7g.5y gad shall be for a isms of wow" (20) years *OM the date of exemnion &toe Upon notice of temelnation gives in aacordance hercwiLi, this license shall be hetruireded se tt du dean of expiration of said _dal tare, and the parties shall have no $art *t x7, ±:, dudes +cw Aluldlitke h.ecennales or in connotive with the Lensed Posedeee. =CAW with rnepect to the indemnification prowl ' IbarespEiti 4 below, which anal give StLah tennination. b. the oven of'taenaaation of this duce acumen= herewith, Leo sha`Il pewtapr1y meccas and ddiaor a good and peeper release alto license hanky granted a *ace:dance with Pmegraph 5 below. 4. le derfreitteatioil, tom, Car Land ire ¥1Q m and ua grs,. hereby spews to bi lea r, defend and hold Gneetter, an its momenta and assign o, heathen ft= and wines any ail d all homes, c 'CiatfilAgela mom, judgments and Titus„ of any kind and sent= whatsoerver, a ng out of or in catmection with the O'te 's„ stud its invitee ft, gooses, meeab'g officer's, armee, and entPlanteS, use or metntensinice of the licensed prendles. or othetWiae arlifing ern of cm' In aintioutitica with this Great oflic ., S. r f 14eensa1 reedition to to Itazteination prov sl ns sat fob in FeraSzePh 3 skews, the Cserrtes rpsYleensinsto iiris license et say time during ese tenenteenef. �d shall wanks= earl release this Ere a e'er any date rutting the eete c lernsueihe lanntee derides to huts reri, 2srteo and repair of the marg. 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