The URL can be used to link to this page

Home My WebLink AboutOrdinances - 23-11 - 03/06/2023 - Revocable Agreement 1252 Green CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 23-11 AN ORDINANCE, AUTHORIZNG THE EXECUTION AN REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND 1252 Green LLC FOR THE PROPERTY LOCATED AT 1252-1254 N GREEN STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLNOIS Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 6, 2023 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 7th day of March 2023 ORDINANCE NO. 23-1 l AN ORDINANCE, AUTHORIZNG THE EXECUTION AN REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND 1252 Green LLC FOR THE PROPERTY LOCATED AT 1252-1254 N GREEN STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLNOIS , WHEREAS, the City of McHenry, a Municipal Corporation in the State of Illinois, is the legal owner of record and 1252 Green LLC is the designated licensee of a portion of the real estate which includes a portion of Neumann Park, 1246 N Green Street in the City of McHenry, Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COLTNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Revocable License Agreement, bearing the date of March 6th 2023 between City of McHenry, a Municipal Corporation in the State of Illinois, record owner, and 1252 Green LLC designated lessee be and the same is hereby approved.A complete and accurate copy of said license agreement is attached to this ordinance and incorporated herein by reference as Exhibit A. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said License Agreement for the uses and purposes therein set forth. SECTION 3:All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. . SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. APPROVED and ADOPTED this 6th day of March 2023 Voting Aye: Santi, Glab, McClatchey, Harding, Strach, Devine, Miller Voting Nay: none Absent: none ATTEST:. �t� 0.G'�_ � � Deputy City Clerk Mayor Revocable License Agreement Between the City of McHenry and 1252 Green LLC This Revocable License Agreement(Agreement) is made and entered into this 6th day of March 2023 (Effective Date), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality (City) and 1252 Green LLC (Licensee). Recitals A. The Licensee is the owner of 1252 N. Green Street, McHenry Illinois, operates a restaurant and desires to utilize for outdoor seating purposes, on a revocable basis, an adjacent parcel of vacant property owned by the City consisting of approximately .45 acres, more or less, located at 1246 N. Green Street (Neumann Park) (Licensed Premises), which is depicted and legally described on attached Exhibit A; B. The City finds that it in its best interest to grant this revocable License to the Licensee pursuant to the terms herein stated; and c. The City is a home rule municipality and as such has the authority,pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. Now, therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged as received by the parties hereto, it is agreed as follows: 1. The City agrees to hereby license to Licensee, on a revocable basis, use of the Licensed Premises for purposes of outdoor seating and entertainment, in substantial conformance with the conceptual site plan and elevation attached hereto and incorporated herein as Exhibit B (Site Improvements), as well as all applicable City codes, ordinances, rules and regulations. Any additional improvements of any kind within the Licensed Premises shall be strictly prohibited. 2. During the term of this Agreement, Licensee shall keep the Licensed Premises and Site Improvements clean and orderly. 3. The City reserves the right to terminate this Agreement upon ninety (90) days written notice to Licensee, for any reason or no reason at all. Following receipt of written notice from the City, Licensee shall be required to remove the Site Improvements from the Licensed Premises and fully restore the Licensed Premises to its original condition in compliance with all building codes and all other rules, regulations, and ordinances as it relates to the Licensed Premises. 4. In the event the Licensee defaults on its obligation to fully remove the Site Improvements and restore the Licensed Premises, the City may, but is not obligated to, remove the same along with any miscellaneous property left behind and fully restore the Licensed Premises to a usable condition. The Licensee shall reimburse the City for all expenses incurred in returning the Licensed Premises to a useable condition.. .5. The Licensee hereby agrees to indemnify,defend, and hold harmless the City, its elected officials, its duly appointed officials,agents,employees and representatives,from and against any and all claims' suits, settlements, actions, losses, expenses, damages, injuries, judgments, and demands arising out of this Agreement or their use of the Licensed Premises. 6. Any action to enforce this Agreement shall only be filed in the Twenty-Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 7. This Agreement is not assignable. $OFRKROLF EHYHUDJHV PD\ RQO\ EH VHUYHG RU FRQVXPHG LQ WKH \HOORZ KLJKOLJKWHGDUHDGHSLFWHGLQ([KLELW%WKLVDUHDPXVWUHPDLQIHQFHGDQGJDWHGZLWKVLJQVVWDWLQJ ³QRDOFRKROEH\RQGWKLVSRLQW´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s authorized agent 3/24/23 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTHWESTERLY 52 FEET OF LOT 3 IN BLOCK 24 IN THE ORIGINAL PLAT OF McHENRY, ON THE WEST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRICIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BOOK B OF DEEDS, PAGE 160 IN McHENRY COUNTY, ILLINOIS. PARCEL 2: THE NORTHEASTERLY 16 FEET OF SUB-LOT 1 OF LOT 6 IN BLOCK 24 OF THE COUNTY CLERK'S PLAT OF BLOCK 24 AND OTHER BLOCKS 1N THE ORIGINAL PLAT OF McHENRY, ON THE WEST SIDE OF FOX RIVER (KNOWN AS McHENRY PLAT NO. 11), ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO. 14087, IN BOOK 2 OF PLATS, PAGE 40, IN McHENRY COLTNTY, ILLINOI _�� EXHIBIT B �oN�RETE P��.�u�c�p ' • PAD � � ...m � : LWUiOFqNEXISiING COMPOSITE/WOOD � aoMMER qLspq� LANDING AND COMPOSITE/ STAIR I WOOD ADA 'vN�REE�srREEr i I� RAMP R ��s"'w - — - o- _+ --� ,�� ° � � I PRNATE USE FOR 1252 GREEN �� - e � COMPOSITE/WOOD DECK � BRICK r--� — �:---�_�— PAVERS G� PRIVATE PUBLIC USE �-; �-� y USE a ` �.., .o , �o �. � . �� , — �' � " f y�►„,,.�.. . GRA55 . � . * �"`-.,, . �,,��,-�+w"`'� ,r ;y � .� — _ ' ,b� ,� 9� �`F � s � , � J � ., ��.�� Y: .1�,. � • A • — �.�. � -;- `+ r� � ; MULCHED , — - LANDSCAPE AREA -- , WITH PLANTINGS ,.�.�,; ,pa � LANDSCAPE (BUSHES/FLOWERS) ' ` ` «►. • ♦ .nMYil�......,�" RETAINING WALL � • _ - r + �r � » ORNAMENTAL TREE— STONE RETAINING/ � •+ y� SITTING WALL " MULCHED - ` �r LANDSCAPE AREA ''�J�� WITH PLANTINGS L 1 �uNoscnPe vuN (BUSHES/FLOWERS) i+ kE so EX H I B I T B CONCRETE u �� + � PAD M �� COMPOS ITE/WOOD ��,�oo�.eF aN�is.w� A.,M1,ER��sPA� NDING AND COMPOSITE/ STAIR WOOD ADA �N�REE�srREE. RAMP <.�E�a.,��sm� V � �:�;��.:� ----- __— —_---'—,——r---- .,,, � _— — ' .. I VV �.: . =I � � _ COMPOSITE/WOOD DECK I� " BRICK �__ -- =_ -.—z — t �i —_ PAVERS � / — GRASS --� .«, � �,. � BRICK � - . PAVERS f. � } � � ,o �. !��. / ,. �, ,,�. _ �s,. � �..�� GRASS _ ��r► � ,,,,� ' �t�' �r a.� �'`� . ,,• :* ��: �� , — " „, y" ��' : a f ' t. �� — ;•��'�«�� r� � '� � � ` — . ,.� �:; T . v • R � � J� -. MULCHED _. LANDSCAPE AREA WITH PLANTINGS �*�•�;i�.,,,,..,,r,�„q _ y� } LANDSCAPE (BUSHES/FLOWERS) ' - �+a w ♦ .e�w�1�..,...M'�' RETAINING WALL -- r � �� ORNAMENTALTREE - ; STONE RETAINING/ � � .� SITTING WALL • � ��*�� « MULCHED � LANDSCAPE AREA L� WITH PLANTINGS . �LANDSCAPE PLqN „ uKE zP (BUSHES/FLOWERS) Revocable License Agreement Between the City of McHenry and 1252 Green LLC This Revocable License Agreement (Agreement) is made and entered into this 6th day of March 2023 (Effective Date), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality (City) and 1252 Green LLC (Licensee). Recitals A. The Licensee is the owner of 1252 N. Green Street, McHenry Illinois, operates a restaurant and desires to utilize for outdoor seating purposes, on a revocable basis, an adjacent parcel of vacant property owned by the City consisting of approximately .45 acres, more or less, located at 1246 N. Green Street (Neumann Park) (Licensed Premises), which is depicted and legally described on attached Exhibit A; B. The City finds that it in its best interest to grant this revocable License to the Licensee pursuant to the terms herein stated; and c. The City is a home rule municipality and as such has the authority, pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. Now, therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged as received by the parties hereto, it is agreed as follows: 1. The City agrees to hereby license to Licensee, on a revocable basis, use of the Licensed Premises for purposes of outdoor seating and entertainment, in substantial conformance with the conceptual site plan and elevation attached hereto and incorporated herein as Exhibit B (Site Improvements), as well as all applicable City codes, ordinances, rules and regulations. Any additional improvements of any kind within the Licensed Premises shall be strictly prohibited. 2. During the term of this Agreement, Licensee shall keep the Licensed Premises and Site Improvements clean and orderly. 3. The City reserves the right to terminate this Agreement upon ninety (90) days written notice to Licensee, for any reason or no reason at all. Following receipt of written notice from the City, Licensee shall be required to remove the Site Improvements from the Licensed Premises and fully restore the Licensed Premises to its original condition in compliance with all building codes and all other rules, regulations, and ordinances as it relates to the Licensed Premises. 4. In the event the Licensee defaults on its obligation to fully remove the Site Improvements and restore the Licensed Premises, the City may, but is not obligated to, remove the same along with any miscellaneous property left behind and fully restore the Licensed Premises to a usable condition. The Licensee shall reimburse the City for all expenses incurred in returning the Licensed Premises to a useable condition. 5. The Licensee hereby agrees to indemnify, defend, and hold harmless the City, its elected officials, its duly appointed officials, agents, employees and representatives, from and against any and all claims’ suits, settlements, actions, losses, expenses, damages, injuries, judgments, and demands arising out of this Agreement or their use of the Licensed Premises. 6. Any action to enforce this Agreement shall only be filed in the Twenty-Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 7.This Agreement is not assignable. 8.Alcoholic beverages may only be served or consumed in the yellow highlighted area depicted in Exhibit B, this area must remain fenced and gated with signs stating, “no alcohol beyond this point”. 9.All building materials used in the improvement of the park must be similar in nature and color as the building materials used in the McHenry Riverwallk, these materials must also be approved by the Director of Parks prior to installation. 10.From time to time, fence gates, tables, and chairs shall be removed from outdoor seating areas as required by the City Administrator or designee. 11.No legal title or leasehold interest in the Licensed Premises shall be deemed or construed to have been created or vested in the Licensee by anything contained in this Agreement. 12.The Licensee, or its tenants shall provide and keep in force for the benefit of the City, a general liability insurance policy protecting the City and its employees against all claims for bodily injury or death occurring on or in the Licensed Premises for not less than $1,000,000 with respect to bodily injury, death to any one person or damage to Licensed Premises. Such policy of insurance shall be delivered to the City prior to the occupancy of the Licensed Premises by the Licensee and all such policies shall contain an agreement by the insurers that the policy shall not be cancelled without at least thirty (30) days prior written notice to the City. 13.Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally-recognized private carrier (such as Fed Ex or UPS), as follows: If to the City: If to the Licensee: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: Office of the City Clerk Law Office of Judy K. Maldonado 1800 Nations Drive Suite 218 Gurnee, IL 60031-9173 14.This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 15.This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Licensee and the City and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry Licensee By:______________________________ By:_________________________ Wayne Jett, Mayor Date Date 03/23/2023 As authorized agent 3/6/23 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTHWESTERLY 52 FEET OF LOT 3 IN BLOCK 24 IN THE ORIGINAL PLAT OF McHENRY, ON THE WEST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRICIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BOOK B OF DEEDS, PAGE 160 IN McHENRY COUNTY, ILLINOIS. PARCEL 2: THE NORTHEASTERLY 16 FEET OF SUB-LOT 1 OF LOT 6 IN BLOCK 24 OF THE COUNTY CLERK'S PLAT OF BLOCK 24 AND OTHER BLOCKS IN THE ORIGINAL PLAT OF McHENRY, ON THE WEST SIDE OF FOX RIVER (KNOWN AS McHENRY PLAT NO. 11), ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO. 14087, IN BOOK 2 OF PLATS, PAGE 40, IN McHENRY COUNTY, ILLINOI COMPOSITE/WOOD DECK CONCRETE PAD COMPOSITE/ WOOD ADA RAMP COMPOSITE/WOOD LANDING AND STAIR STONE RETAINING/ SITTING WALL BRICK PAVERS MULCHED LANDSCAPE AREA WITH PLANTINGS (BUSHES/FLOWERS) GRASS BRICK PAVERS GRASS LANDSCAPE RETAINING WALL ORNAMENTAL TREE MULCHED LANDSCAPE AREA WITH PLANTINGS (BUSHES/FLOWERS) 7 L1 Checked By Drawn By Sheet: of - RL DH PROJECT NUMBER - Existing Conditions Drawings 07.07.22 Project Name: Project: - BUILDOUT OF AN EXISTING COMMERCIAL SPACE Address: 1250 N GREEN STREET MCHENRY, IL 60050 Randolph F. Liebelt AIA, NCARB 900 North Shore Drive Suite 100 Lake Bluff, Illinois 60044 PH (847) 615-0707 FAX (847) 574.6207 LA.Design@sbcglobal.net EXP. DATE 10/10/2022 Preliminary Design Drawings 07.21.22 SCALE "= 5'-0"L1 1 LANDSCAPE PLAN C:\Users\Hernandd\Documents\1250-N-Green-St-Mchenry-Commercial\EXTERIOR-PLAN.dwg, 11/8/2022 10:03:41 AM, HERNANDDPRIVATE USE FOR 1252 GREEN PRIVATE USEPUBLIC USE EXHIBIT B COMPOSITE/WOOD DECK CONCRETE PAD COMPOSITE/ WOOD ADA RAMP COMPOSITE/WOOD LANDING AND STAIR STONE RETAINING/ SITTING WALL BRICK PAVERS MULCHED LANDSCAPE AREA WITH PLANTINGS (BUSHES/FLOWERS) GRASS BRICK PAVERS GRASS LANDSCAPE RETAINING WALL ORNAMENTAL TREE MULCHED LANDSCAPE AREA WITH PLANTINGS (BUSHES/FLOWERS) 7 L1 Checked By Drawn By Sheet: of - RL DH PROJECT NUMBER - Existing Conditions Drawings 07.07.22 Project Name: Project: - BUILDOUT OF AN EXISTING COMMERCIAL SPACE Address: 1250 N GREEN STREET MCHENRY, IL 60050 Randolph F. Liebelt AIA, NCARB 900 North Shore Drive Suite 100 Lake Bluff, Illinois 60044 PH (847) 615-0707 FAX (847) 574.6207 LA.Design@sbcglobal.net EXP. DATE 10/10/2022 Preliminary Design Drawings 07.21.22 SCALE "= 5'-0"L1 1 LANDSCAPE PLAN C:\Users\Hernandd\Documents\1250-N-Green-St-Mchenry-Commercial\EXTERIOR-PLAN.dwg, 11/8/2022 10:03:41 AM, HERNANDDEXHIBIT B