O-89-10 Ord. License Agreement Front Street CantinaVILLAGE OF LEMONY
ORDINANCE i ~~. C~
ORDINANCE AUTHORIZING EXECUTION OF A LICENSE AGREEMENT
BETWEEN VILLAGE OF LEMONY AND
WATER BAR INVESTMENTS, LLC
d/b/a FRONT STREET CANTINA
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY
This 22°d day of November , 2010
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 23rd day
of November , 2010
ORDINANCE ~" ~ 1
ORDINANCE AUTHORIZING EXECUTION OF A
LICENSE AGREEMENT BETWEEN VILLAGE OF LEMONY
AND WATER BAR INVESTMENTS, LLC
d/b/a FRONT STREET CANTINA
WHEREAS, the Village of Lemont (Grantor) seeks to enter into a License Agreement with Water
Bar Investments, LLC d/b/a Front Street Cantina (Grantee) for use of Village property directly connected
to the commercial-business known as Front Street Cantina at the property located at 301 Front Street, in
Lemont, Illinois; and
WHEREAS, the terms and conditions of the License Agreement are attached hereto as Exhibit A.
-NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of Lemont,
Cook, Will and DuPage Counties, Illinois, as follows:
Section One: The Village President of the Village of Lemont is hereby authorized to execute the
License Agreement attached hereto as Exhibit A between the Village of Lemont and Water Bar Investments,
LLC d/b/a Front Street Cantina.
Section Two: The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
Section Three: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in the manner provided by law.
PASSED AND APPROVED BY THE PRESH)ENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONY, COUNTIES OF COOK, WILL AN DU PAGE, ILLINOIS, on this 22"d
day of November , 2010.
AYES
Debby Blatzer ~
Paul Chialdikas ~
Clifford Miklos ~
Rick Sniegowski V
Ronald Stapleton ~
Jeanette Virgilio
Attest:
NAYS PASSED ABSENT
--~!~---Yk_
BRIAN K. REA llage Presi ent
~~
CHARLENE SMOLLEN, Village Clerk
LICENSE AGREEMENT
~~ LEt~-tca ~~, l...LC.
WHEREAS, ~`-' ^ Tr~_ u ^ n-_T'~r~'~~T~?~z~~~ LLC, an Illinois Limited Liability
•rri1~IC~SSS~ 111'7
Company d/b/a FRONT STREET CANTINA, (hereinafter referred to as "Grantee"), has
requested permission of the Corporate Authorities of the VILLAGE OF LEMONY, Illinois
(hereinafter referred to as "Grantor" or "Village") to place an industrial cooler, (make, model
number) (hereinafter referred to as "Cooler") on the public property directly connected to the
commercial business known as Front Street Cantina at the property located at 301 Front Street,
Illinois; and
NOW, THEREFORE, upon the mutual covenants and agreements here-inafter set forth
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor hereby grants a License, without Warranty of Title and without
grant of any possessory estate or interest or rights in the land described below, unto the Grantee,
to install, construct, operate, maintain, repair, and remove, the Cooler to be located on the public
property directly connected to the commercial business known as Front Street Cantina at the
property located at 301 Front Street, Illinois, legally described as follows:
(insert legal here)
which license is granted, however, subject to the following terms, covenants, and conditions:
1. At any future time after the date hereof, the Grantor may revoke this license
contained herein at will and without notice to the Grantee and without cost to either the
Grantor or its successors or assigns.
2. Upon such revocation of this license by the Grantor, the Grantee shall not remove
the Cooler installed and constructed by it pursuant. to the terms of this license, unless requested
to do so by the Grantor. In the event the Grantor requests removal of such Cooler, the
Grantee shall undertake such removal within thirty (30) days of such request and accomplish
same within thirty (30) days after commencing such removal.
3. Upon completion of its work (installation, construction, maintenance, repair, or
removal, as the case may be) the Grantee shall removed from the public property all other
materials and shall replace all remaining unused public property in a neat and workmanlike
manner. Grantee shall at all times, and under all circumstances, indemnify, protect, and hold
harmless the Grantor, its grantees, licensees, agents, lessees and invitees, from and against any
and all damages, losses, claims, demands, actions and causes of action whatsoever (including
any reasonable costs, expenses and attorneys' fees which may be incurred in connection
therewith) whether or not the claim, demand, or action asserted be meritorious, and which results
from or is alleged to arise out of or in connection with, the installation, construction,
reconstruction, operation, maintenance, alteration, repair, replacement, removal or existence of
the Cooler upon the public property, or the existence of the license granted Grantee herein;
provided, however, that in the event any such claim, damage, loss, demand, action, or cause of
action is asserted against the Grantor, or its agents, Grantor shall furnish Grantee with written
notification thereof and Grantee shall conduct the defense thereof before any court, board,
commission or other governmental body exercising jurisdiction therein. No settlement or
compromise of any such claim, damage, loss, demand, action or cause of action against Grantor
shall be made unless agreed to by Grantor.
4. Grantee agrees to pay Grantor, its grantees, licensees, agents, lessees and invitees
for any and all damage or injury (including death) to person(s) or property or any expense which
they, or any of them, may sustain resulting from or arising out of or in connection with, the
installation, construction, reconstruc-tion, operation, maintenance, alteration, repair,
replacement, removal, or existence of the Cooler upon public property, or the existence of the
license granted Grantee hereunder. The Grantee shall, at its own expense, within fifteen (15)
days of the date hereof, and not less than thirty (30) days prior to the end of each year hereafter,
procure and deliver to the Village Clerk of the Grantor an insurance. policy issued by an
insurance carrier acceptable to-the Grantor, naming the Grantor as the insured, having limits of
coverage for public liability including death in the amount of not less than Five Hundred
Thousand Dollars ($500,000) per person and not less than One Million Dollars ($1,000,000) per
occurrence, and having limits. of coverage for property damage in the amount of not less than
One ,Hundred Thousand Dollars ($100,000) -- all as approved by the Village Attorney of the
Grantor. The delivery of such policy shall be made prior to the exercise of the privilege of the
license granted hereby and not less than-thirty (30) days prior to the expiration of any preceding
policy certificate.
5. Grantor shall not be liable to Grantee, its grantees, licensees, agents, lessees, or
invitees for any damage or injuries (including death) to any person or to any of their properties
except to the extent that injuries or damages are caused by the negligent, willful or malicious
misconduct of Grantor. Grantee shall indemnify and hold harmless the Village, its officers,
agents and employees to the fullest extent permitted by law due to any claim arising out of, or in
any way related to the letting, the use of the Premises and/or the execution or implementation of
this Agreement.
6. Any notice herein provided to be given shall be deemed properly given if in writing
and delivered personally or mailed to the Grantor c/o the Village Administrator with a copy to
the Village Clerk at 418 Main Street, Lemont, IL 60439, or to the Grantee at 301 Front Street,
Lemont, IL 60439, or to such other person or addresses as the parties hereto may from time to
time designate upon written notice.
7. This Agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective successors in interest.
8. The Grantor and the Grantee certify hereby that they are not barred from entering
into this License Agreement as a result of violations of either Section 33E-3 or Section 33E-4 of
the Illinois Criminal Code.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
executed by their proper officers, thereunto duly authorized nd their respective seals to be
hereto affixed, this ~ 2 day of ~~y~ ~i ~ , 2010.
F5 L L~r-t,®~~ ~ , L ~~
LLC,
an Illinois Limited Liability Company d/b/a
FRONT STREET CANTINA,
By:
Its
ATTEST:
Its ~
VILLAGE OF LEMONY
By:
Village Administrator
ATTEST:
~.
illage Clerk