The URL can be used to link to this page

Home My WebLink AboutOrdinances - ORD-18-1865 - 04/16/2018 - Utopian Roast LLC License Agreement11111111111111111111 L [cHenry JOSEPH J. TIRIC► RECORpER-MCHENRY COUNTY, IL 2018R0019072 06/11/2018 08.52c18 AM PAGES. 9 RECORDING FEE 29000 GIS FEE 15.o0 This space reserved for Recorder's trse only. CERTIFICATION I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that the attached document is a true and correct copy of Ordinance No. ORD-18-1865, An Ordinance Authorizing the Mayor's Execution of a Revocable License Agreement between the City of McHenry and Utopian Roast LLC for the property located at 12524254 N Green Street, in the City of McHenry, McHenry County Illinois, adopted by the City Council on April 16, 2018 at a Regular Council meeting held on April 16, 2018. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and corporate seal of the City of McHenry this 16th day of Apri12018. n.. (S,EAL)v1,4y 13l �5 i aa= Debra Meadows, Deputy City Clerk City of McHenry, McHenry County, Illinois Prepared �y' e Office of the McHenry City Clerk all to: Office of the Deputy City Clerk City of McHenry 333 S. Green Street CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 18-1865 An Ordinance authorizing the execution of an Revocable License Agreement between the City of McHenry and Utopian Roast LLC for the property located at 1252-1254 N Green Street, in the City of McHenry, McHenry County, Illinois ADOPTED BY THE Mayor and City Council Of The City of McHenry McHenry County State of Illinois April 16, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th day of April, 2018 AN ORDINANCE AUTHORIZING THE EXECUTION AN REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND UTOPIAN ROAST LLC FOR THE PROPERTY LOCATED AT 1252-1254 N GREEN STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, a Municipal Corporation in the State of Illinois, is the legal owner of record and Utopian Roast 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 COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Revocable License Agreement, bearing the date of April 16, 2018 between City of McHenry, a Municipal Corporation in the State of Illinois, record owner, and Utopian Roast 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 16a' day of April 2018. Voting Aye: CURRY, SCHAEFER, CONDON, MIHEVC, DEVINE, SANTI Voting Nay: GLAB Absent: NONE ayo ATTEST: Deputy Cit ,r,ClerkV , fla4 'e.n e Revocable License Agreement Between the City of McHenry and Utopian Roast LLC This Revocable License Agreement (Agreement) is made and entered into this 2nd day of April, 2015 (Effective Date), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality (City) and Utopian Roast LLC (Licensee). Recitals A. The Licensee is a tenant of 1252 N. Green Street, McHenry Illinois, operates a restaurant and desires to utilize for outdoor seating and entertainment 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 attorneys fees from the other party. 7. This Agreement is not assignable. 8. No alcoholic beverages shall be served and/or consumed within the Licensed Premises. 9. From time to time, fence gates, tables, and chairs shall be removed from outdoor seating areas as required by the City Administrator or designee. 10. 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. 11. 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. 12. Any notices required or contemplated by this Agreement shall be sent by certified mail orvia anationally-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 Utopian Roast, LLC 2006 Birch Lane McHenry, IL 60050 Attn: Mr. Dan Kernes 13. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 14. 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 Z:\M\McHenryCityoflLicenseAgmtUtopian. docx Licensee By: Date 2 EXHIBIT A DESCRIPTIOK 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, ILLINOIS. p4Aftk%,Ask Tm! i� w"A - -�!� _ •Ll ��• i�� - -,. `;"- ii 1. �-�hl :�= , - �c�rri�t��Il IHIousing Support Program (RHSP) State Surcharge Exemption Declaration Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support Program State surcharge for the recordation of any real estate -related document unless the entity recording the document is any State agency, any unit of local government or any school district. ❑ By checking this box and affixing my signature below, I hereby claim that the entity recording this document is a State agency, a unit of local government or a school district and thus claiming to be exempt from the Rental Housing Support Program State surcharge. CJ Name of State ency, unit of local government or Name of person ` resenting this declaration (Please Print) person presenting this declaration recording this document (Please Print) Date RHSP Exemption Declaration Form 20170327-1.docx