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Home My WebLink AboutOrdinances - ORD-15-1751 - 09/14/2015 - DRIVEWAY LICENSE AGREEMENT 807 OAKWOOD - NEVER EXEORDINANCE NO. In-lln1 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A REVOCABLE DRIVEWAY LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND JEFFREY JENSEN WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule mupality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW,. THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Revocable Driveway License Agreement, bearing the date of September 14, 2015, issued by the City of McHenry in favor of Jeffrey Jensen be and the same is hereby approved. A complete and accurate copy of said license, labeled "Revocable Driveway License Agreement" is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerlc are hereby authorized to affix their signatures as Mayor and City Clerk to said Revocable Driveway License Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the teams and provisions hereof are hereby repealed to the extent of such conflict.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. PASSED and APPROVED this 14th day of September 2015. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: CONDONWIMMERPETERSONCURRY , , , , SCHAEFER, GLAB, SANTT NONE ONE ONE ONE Mayor Citw Clerlc r-f1w mt4A � %�.>r,i Clio} A - Exhibit A Revocable Driveway License Agreement WHEREAS, Jeffrey Jensen is the owner ("Licensee") of Lot .1, Block 29 of Boone Valley Plat Number Four in the City of McHenry, Illinois 60050, commonly known as 807 Oakwood Drive, which is improved with a one-story single family residence, legally described on attached Exhibit "A" ("the Subject Property"); and WHEREAS, the City of McHenry ("City") is the owner of the a vacant parcel of land immediately adjacent to the Subject Property to the north in the City of McHenry, Illinois ("City Parcel"); and WHEREAS, the Licensee has requested the City allow Licensee to use and maintain a proposed driveway improvement depicted on attached Exhibit `B" ("Driveway Improvement") on the City Parcel in connection with the Licensee's occupancy and use of the Subject Property ("Licensed Premises"); and NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND AGREEMENTS MADE HEREIN, THE ADEQUACY AND SUFFICIENCY OF WHICH IS AGREE AS BEING RECEIVED AND ACCEPTED BY THE PARTIES HERETO, IT IS AGREED AS FOLLOWS: The City hereby grants to Licensee a license effective immediately, but revocable at the will of the City, for any reason or no reason at all, to use and maintain the aforesaid Improvements on the City Parcel in connection with the Licensee's occupancy and use of the Licensed Premises as a driveway. 2. Prior to undertaking the Driveway Improvement on the City Parcel Licensee shall provide to the City, for its written approval, a building permit and plan including specifications of the Improvement and shall not begin any Improvement until a building permit is issued by the City. 3. 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 License. 4. The Licensee shall use the licensed premises exclusively for himself but for no other purpose except as may be specifically permitted by the City. 5. At all times, the Licensee shall keep the Licensed Premises in a clean, orderly and safe condition. 6. The Licensee shall provide and keep in force for the benefit of the City, an umbrella insurance policy protecting the City 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 property. 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. 7. In the event the Licensee defaults on his obligations hereunder with regard to the Driveway Improvement the City reserves the right, but not the obligation, to complete said obligations of the Licensee. Prior to the City commencing any work however the City shall notify the Licensee in writing, by first class regular mail, of its intent to do so and allow Licensee to contact the City, within five (5) business days from the date of the mailing, to provide the City with a definitive timeline when the work will be completed. In addition, if an emergency arises where there is an imminent threat to the health, safety and/or general welfare of the public which necessitates an urgent repair and/or reconstruction and the Licensee does not take the necessary action required to complete the work required immediately the City shall not be required to provide written notification to the Licensee of their intent to have the necessary work completed. 8. In all situations, Licensee shall reimburse the City for any and all expenses incurred in completing any necessary work and/or restoration, relative to the Driveway Improvement including, but not limited to all costs incurred for necessary permits, any outside engineering, legal or other consulting fee incurred, construction observation, traffic control, as well as all material, labor and equipment costs. Failure to reimburse the City, within thirty (30) calendar days, following receipt of an invoice from the City shall result in a lien being recorded against the Subject Property in the sum of the costs so incurred. The thirty (30) day time -frame shall commence from the date printed on the invoice, which shall be sent to the Licensee by certified mail/return-receipt requested. Recording of a lien shall not limit the City's right to recover any sums due hereunder by arbitration or otherwise allowed by law. 9. The Licensee shall vacate the Licensed Premises and all improvements thereon and cease use and occupancy thereof immediately upon receipt of notice of termination of this License Agreement from the City. Licensee shall not be entitled to any compensation or damages from the City in connection with any termination of this License Agreement and Licensee shall, at the request of the City, remove the Driveway Improvement from the Licensed Premises and restore said Licensed Premises with a grass lawn. 10. Notice of termination of this License Agreement shall be deemed to have been given to the Licensee and served when mailed by first class regular mail to Licensee at 807 Oakwood Drive, McHenry, Illinois 60050, or delivered and left with the Licensee or attached to the door of Licensee's said premises. 11. This License shall be filed with the McHenry County Recorder of Deeds to place future title holders of the Subject Property on notice of the existence of this Revocable License Agreement and its terms. 12. This Agreement shall not be amended unless done so in writing by the parties hereto and following City Council approval DATED: % `�' , 2015 City of McHenry By: z 4— Mayor ATTEST: e- C. 0 Ci ylcrik The undersigned hereby acknowledges that he received a copy of this License Agreement and does hereby agree with all the terms, conditions and limitations herein contained. DATED: , 2015 Jeffrey Jensen EXHIRIT A Lot 1 in Block 29 in Boone Valley Plat No. 4, being a Subdivision of part of the Northwest Quarter of Section 34 and part of the Northeast Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 19, 1970 as Document Number 525990, and amended by Instruments recorded May 13, 1971 as Document Number 542563 and July 7, 1971 as Document Number 546155, in McHenry County, Illinois. Commonly known as 807 N. Oakwood Dr. EXHIBIT B Driveway Improvement i �WA�K .- E 'STING CONC �CISTING UNIMPROVRD ROADWAY PROPOSED O'SETBACK PROPOSED PAVED DEPRESSED CURB, APRON, AND DRIVE. PROPOSED EXTENSION OF CONCRETE WALK REBUILD CURB. REMOVE CONCRETE APRON AND DRIVE. PATCH WITH SOD. o 0 0 3 0