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R-60-22 Authorizing Approval of a Property License Agreement with Route 83 Properties II LLC 13011 Grant Road_finalg-6C-2,z- 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Ted Friedley, Public Works THROUGH: SUBJECT: Resolution Authorizing Approval of a Property License Agreement with Route 83 Properties ll, LLC 13011 Grant Road DATE: September 26, 2022 SUMMARY/BACKGROUND The Village of Lemont is desirous for the new Donegal construction building on Grant Road west of Route 83 to install a retaining wall in the Grant Road right-of-way in order to protect the building from vehicle crash damage and to protect the Village from liability pertaining to same. Approval of the Property License Agreement with Route 83 Properties II, LLC will allow Route 83 Properties II, LLC to construct and maintain a "Retaining Wall" adjacent to its property located at 13011 Grant Road. Village staff recommends approving the license agreement. ANALYSIS Consistency with Village Policy STAFF RECOMMENDATION Pass Resolution Authorizing Approval of a Property License Agreement with Route 83 Properties II, LLC 13011 Grant Road BOARD ACTION REQUESTED Pass Resolution Authorizing Approval of a Property License Agreement with Route 83 Properties Il, LLC 13011 Grant Road ATTACHMENTS Resolution Authorizing Approval of a Property License Agreement with Route 83 Properties II, LLC 13011 Grant Road.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R-4-22 RESOLUTION AUTHORIZING APPROVAL OF A PROPERTY LICENSE AGREEMENT WITH ROUTE 83 PROPERTIES II, LLC 13011 GRANT ROAD JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DA VE MAHER KEN MCCLAFFERTY KEVIN SHA UGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on _-L41022 RESOLUTION NO. R- UV -22 RESOLUTION AUTHORIZING APPROVAL OF A PROPERTY LICENSE AGREEMENT WITH ROUTE 83 PROPERTIES II, LLC 13011 GRANT ROAD WHEREAS the Village of Lemont requests that the Property License Agreement with Route 83 Properties II, LLC be approved; and WHEREAS, the Village seeks to allow Route 83 Properties II, LLC to complete and maintain such work; and NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: SECTION 1: The Village Administrator is authorized to enter into an agreement attached hereto as Exhibit A and is hereby approved. SECTION 2: The Village Administrator is hereby authorized to execute the agreement and to make minor changes to the document prior to execution that do not materially alter the Village's obligations, to execute any other agreements and documentation as well as to take any other steps necessary to carry out this resolution. SECTION 3: 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 2- (a DAY OF -Wl b/ 2022. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: CHARLENE M. SMOLLEN b illqge Clerk Cler�-- GE OF l F v 0 SEAL /1CINONS ABSENT: ABSTAIN: JOHN EGOFS President Exhibit A Property License Agreement with Route 83 Properties II, LLC 13011 Grant Road, Retaining Wall Drawing, Proposed 2' High Retaining Wall Location PROPERTY LICENSE AGREEMENT The Property License Agreement ("Agreement") is made and effective September 26, 2022 between the Village of Lemont ("Village") and Route 83 Properties 1I, LLC, an Illinois Limited Liability Company ("Licensee"). RECITALS A. The Village owns certain property delineated on Exhibit 1 attached hereto and made a part hereof ("Subject Property"). B. The Subject Property is located south of and adjacent to 13011 Grant Road, Lemont, Illinois 60439. C. Licensee desires to license the Subject Property for the purpose of constructing and maintaining a "Retaining Wall" adjacent to its property located at 13011 Grant Road, Lemont, Illinois 60439 (as delineated on "Exhibit 2" - attached hereto and made apart hereof). D. The corporate authorities of the Village have determined that allowing the Subject Property to be used for such purposes is reasonable. NOW, THEREFORE, in consideration of the mutual promises herein contained, and other good and valuable consideration, it is agreed: A. Village hereby licenses the Subject Property to Licensee and Licensee hereby accepts the license from the Village for an Initial Term beginning January 1, 2022 and ending December 31, 2032("Initial Term") B. Licensee may renew the License for an extended term often (10) years ("Renewal Term"). Licensee shall exercise such renewal option, if, at all, by giving written notice to Village not less than ninety (90) days prior to the expiration of the Initial Term. The Renewal Term shall be at the rental rate set forth below, and otherwise upon the same covenants, conditions and provisions as provided in this Agreement. C. This Agreement may not be assigned by the Licensee without the consent of the Village. 2. License Fee A. Licensee shall pay to the Village the sum of one ($1) dollar per year for said license. B. Licensee shall pay to the Village a "Security Deposit" in the amount of Five Thousand Dollars ($5,000.00) on the date this Agreement is executed. 3. Use Licensee may use the Subject Property for the purpose of constructing and maintaining a "Retaining Wall" adjacent to its property. 4. Repairs/Maintenance During the license term, Licensee shall make, at Licensee's expense, all necessary repairs to the Subject Property. 5. Insurance Licensee shall maintain a policy or policies of comprehensive general liability insurance with respect to the Subject Property, with the premiums thereon fully paid on or before due date(s), issued by and binding upon some insurance company approved by the Village. Such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage, or combination thereof. Village shall be listed as an additional insured on Licensee's policy or policies of comprehensive general liability insurance, and Licensee shall provide Village with current Certificate(s) of Insurance evidencing Licensee's compliance with this paragraph. Licensee shall obtain the agreement of the Licensee's insurer(s) to notify Village that a policy(ies) is due to expire at least ten (10) days prior to such expiration. 6. Entry Village shall have the right to enter upon the Subject Property at reasonable hours to inspect the same, provide Village shall not cause an unnecessary interference with Licensee's business on the Subject Property. 7. Default If default shall at any time be made by Licensee in the payment of rent when due to Village as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Licensee by Village, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Licensee, and such default shall continue for thirty (30) days after notice thereof in writing to Licensee by Village without correction thereof then having commenced and thereafter diligently prosecuted, Village may declare the term of this License ended and terminated by giving Licensee written notice of such intention, and if possession of the Subject Property is not surrendered , Village may reenter said property. Village shall have, in addition to the remedy above provided, any other right or remedy available to Village on account of any Licensee default, either in law or equity. Village shall use reasonable efforts to mitigate its damages. 8. Security Deposit The Security Deposit shall be held by Village without liability for interest and as security for the performance by Licensee of Licensee's covenants and obligations under this Agreement, it being expressly understood that the Security Deposit shall not be considered an advance on payment of rental or a measure of Village's damages in case of default by Licensee. Village may commingle the Security Deposit with Village's other funds. Village may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good arrearages of rent or to satisfy any other covenant or obligation of Licensee hereunder. Following any such application of the Security Deposit, Licensee shall pay to Village on demand the amount so applied in order to restore the Security Deposit to its original amount. If Licensee is not in default at the termination of this Agreement, the balance of the Security Deposit remaining after any such application shall be returned by Village to Licensee. 9. Notice Any notice required or permitted under this Property License Agreement shall be deemed sufficiently given or served if sent by United States Postal Service — Certified Mail, return receipt requested, and addressed as follows: If to Village: Village of Lemont 418 Main Street Lemont, IL 60439 If to Licensee: Route 83 Properties I1, LLC (?????) 13011 Grant Road Lemont, IL 60439 10. Waiver No waiver of any default of Village or Licensee hereunder shall be implied from any omission to take any action on account of such default persisting or is repeated. No express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated. One or more waivers by Village or Licensee shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 11. Memorandum of Agreement The parties hereto contemplate that this Agreement should not and shall not be filed for record, but in lieu thereof, at the request of either party, Village and Licensee shall execute a Memorandum of Agreement to be recorded for the purpose of giving record notice of the appropriate provisions of this Agreement. 12. Headines The headings used in this Agreement are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Agreement. 13. Successors The provisions of this Agreement shall extend to and be binding upon Village and Licensee and their respective legal representatives, successors and assigns. 14. Consent Village shall not unreasonably withhold or delay its consent with respect to any matter for which Village's consent is required or desirable under this Agreement. Notwithstanding the above, the Village shall have the sole discretion to determine whether to accept a proposed assignment of this Agreement. 15. Performance If there is a default with respect to any of Village's or Licensee's covenants, warranties or representations under this Agreement, and a party hereto is forced to bring litigation in order to enforce the terms herein, the prevailing party shall recover any and all costs and attorney's fees. 16. Compliance with Law Licensee shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Licensee's use of the Subject Property. 17. Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by further writing that is duly executed by both parties. 18 Governine Law This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Illinois. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. VILLAE OF LEMONT, ILLINOIS By: Its _ _ _ Attf,et• ROUTE 83 PROPERTIES 11, LLC Its MA .9 —M9— V-19 0 0 0 0 1-0, 411 I agN w ��e $ a I a HOP �s � � �� a�1 SH ur a0 uq� Y Sze pWJW ° 8 !a J L) {) ODJ W Z J j E lit 0 �S Su� S ¢ y CCQSS W d y�LL Aid FI! gt' tF�a. w U O—�U,O ma (L n d � } ZZHZ g� N O LL g wtj a ir oo�j a acsia0 EM u/ J I o N O oszog � z 93 O -- pW LL Z��Og �ua'u5°L�< 0 ch-11 7 Q W a z� Y } ~ J mSmSy a w o. O L z L zo 0 I 5dLL a 38o az Za it fa U. Ow U 0 neM'ryd LO:OZ_4 tZOZ/OtizL'ILLxtt'6roP'tS\96UW-p100'9SOtZt:N