Resolution 2019-29 Resolution No. 2019-29
RESOLUTION APPROVING A LICENSE AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
AND KCJ RESTORATION,LLC
WHEREAS,the United City of Yorkville, Kendall County, Illinois, (the"City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, as a part of the City's revitalization of its downtown commercial district it
entered into a Redevelopment Agreement (the "Agreement") with KCJ Restoration, LLC, an
Illinois limited liability company (the "Developer") pertaining to the property commonly known
as I I I West Madison(exclusive of the adjacent parking lot),which property is identified by parcel
index number 05-32-287-001 and legally described on Exhibit A, a historic landmark of the City
(the "Subject Property"); and,
WHEREAS,pursuant to the Agreement,the Developer agreed to redevelop the Subject Property
which is improved with a two-story building constructed in 1892 and used as the County Jail and
Sheriff's residence until 1992(the"Old Jail")in accordance with the terms and conditions thereof,
and,
WHEREAS, in order to proceed with the renovation and redevelopment of the Subject
Property, the Developer shall require an easement during construction upon the City owned
adjacent property; and,
WHEREAS, in order to permit the Developer to complete the renovation and
redevelopment of the Subject Property, the City is prepared to allow the Developer a license
granting access to its property for the term and subject to the conditions as set forth in the License
Agreement attached hereto.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the preambles hereinabove set forth are hereby incorporated herein as if
fully restated.
Section 2. The License Agreement by and between the United City of Yorkville, Kendall
County, Illinois and KCJ Restoration, LLC, in the form attached hereto and presented to this
meeting, is hereby approved and the Mayor and City Clerk are hereby authorized to execute.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Resolution No.2019-29
Page 1
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
24'"day of September, 2019.
City Clerk
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
d 7'6 day of 14 49CHt _,mg.
aoao
MAYOR
Attest:
City Clerk
Resolution No.2019-29
Page 2
EXHIBIT A
LEGAL DESCRIPTION
LOTS 1 AND 2 IN BLOCK 28, IN THE ORIGINAL VILLAGE OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
G:\Public\Yorkville\2019\YO1900-C City of Yorkville-General\111 W.Madison Street
LICENSE AGREEMENT
This License Agreement (this "Agreement') is made and entered into as of
M ARM Q 7 , 20" ("Effective Date"), by and between the UNITED CITY OF
YORKVILLE, Ken?aff County, Illinois, non-home rule municipal corporation pursuant to the
Constitution and laws of the State of Illinois ("Licensor") and KCJ Restoration, LLC, an
Illinois limited liability company("Licensee").
WITNESSETH:
WHEREAS, Licensor owns the property legally described on Exhibit A attached hereto
(the "Premises") and the Licensee has requested that the Licensee permit the Lessee to use a
portion of the Premises for the purpose of making improvements to the structure located on the
property owned by the Licensee immediately adjacent to the Premises(the"Adjacent Property");
and,
WHEREAS, the Licensor is willing to grant to the Licensee a license for such purpose
pursuant to the terms and conditions as hereinafter provided.
NOW,THEREFORE,in consideration of the mutual covenants and agreements set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of such
consideration being hereby acknowledged,Licensor and Licensee hereby agree as follows:
1. License. Licensor hereby grants to Licensee, and Licensee hereby accepts from
Licensor a non-exclusive license to use that portion of the Premises legally described on Exhibit B
attached hereto for such use as provided in Section 4 of this License Agreement.
2. Term. The term of this Agreement(the"Term")shall commence on the Effective
Date and shall continue until certificates of occupancy are issued for all improvements on the
Adjacent Property. Licensee or its successors and assigns shall have the option to request the
License be granted for an additional term as may be required whenever the Licensee,its successors
and assigns, obtains a building permit from the Licensor to undertake and complete any
improvements to repair or to demolish to the structure on the Adjacent Property.
3. License Fee. Licensee shall pay to Licensor a license fee of One and 00/100
Dollars($1.00)on the Effective Date for the Term.
4. Use. Licensee and its successors and assigns have a non-exclusive License to use
that portion of the Premises legally described on Exhibit B attached hereto for the sole use of
making improvements to the Adjacent Property so long as the Licensee complies with any and all
applicable city codes and ordinances,and all applicable laws,rules and regulations with respect to
its use of the Adjacent Property. The Licensee shall not store or cause or permit the release or
disposal of any hazardous materials or substances on or about the Premises. The Licensee shall
not do or permit anything to be done in,on or about the Premises which would in any way obstruct
or unreasonably interfere with the rights or use and enjoyment of the Premises nor shall the Lessee
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maintain or permit any unreasonable nuisance or commit or suffer to be committed any waste in,
on or about the Premises.
5. Insurance.
Liability Coveraze. Licensee shall carry,at its own expense and at all times during
the Term, general liability insurance covering bodily injury and property damage,with a limit of
not less than$2,000,000 per occurrence combined single limit and not less than$2,000,000 in the
annual aggregate for general liability. Such general liability insurance shall name Licensor as an
additional insured and shall provide for a sixty (60) day notice to the Licensor in the event of
cancellation.
6. Indemnity. Licensee shall defend, indemnify, and hold the Licensor, its agents,
affiliates, officers, invitees, shareholders, members, designees, managers, partners, servants,
directors, employees, contractors, independent contractors and representatives ("Licensee
Parties"),harmless of,from and against any and all loss,liability,claims,demands,suits,actions,
damages or expenses (including, without limitation, reasonable attorneys' fees) of every type,
nature and description arising out of or in connection with any injury or damage to any person or
property unless caused by any negligence or willful misconduct of Licensor or its officers,agents,
or employees. Such indemnification obligations shall survive any expiration or termination of this
License.
7. Notices. Any notices required to be served in accordance with the terms of this
Agreement shall be in writing and served by certified mail, or by overnight courier,or delivered
in person and duly acknowledged,as follows:
If to Licensee,then to: If to Licensor,then to:
KCJ Restorations,LLC City of Yorkville
850 North Milwaukee, Suite 400 Attn: City Administrator
Chicago,Illinois 60642 Bart Olson
800 Game Farm Road
Yorkville,Illinois 60560
With a copy to: With a copy to:
Dan Kramer Kathleen Field Orr
1107 South Bridge Street, Suite A 2024 Hickory Road, Suite 205
Yorkville,Illinois 60560 Homewood,Illinois 60430
Either party may at any time designate by written notice to the other a change in the above
addresses or addressees. All notices, demands and requests which shall be served by overnight
courier,or certified mail in the manner specified in this Section shall be deemed sufficiently served
or given for all purposes hereunder at the time such notice, demand or request shall be delivered
2
by overnight delivery or United States registered or certified mail as aforesaid in any Post Office
regularly.
8. Severability. If any provision of this Agreement shall be held to be invalid,void
or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such
remaining provisions shall remain in full force and effect.
9. Successor and Assigns. The covenants, conditions and agreements contained in
this Agreement shall bind and inure to the benefit of Licensor,Licensee,and their respective heirs,
distributees,executors,administrators, successors and assigns.
10. Counterparts. For convenience, this Agreement may be executed with facsimile
signatures(or PDF or similar)and/or in any number of counterparts,each of which shall be deemed
an original and all of such counterparts when taken together shall constitute but one and the same
document which shall be sufficiently evidenced by such executed counterparts.
11. Governing Law. This Agreement shall be governed by and construed in all
respects in accordance with the laws of the State of Illinois.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first above written.
LICENSEE:
KCJ RESTORATIONS,LLC,an
Illinois limited liability company
13
Name: NYy
Title: 11 i h G 9i�
LICENSOR:
UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
By: J
Name: JONQ LL
Title: MAYOR
3
EXHIBIT A TO LICENSE AGREEMENT
LEGAL DESCRIPTION
4
LEGAL DESCRIPTION
LOTS 1 AND 2 IN BLOCK 28, IN THE ORIGINAL VILLAGE OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
G:\Public\Yorkville\2019\YO1900-C City of Yorkville-General\111 W.Madison Street
EXHIBIT B TO LICENSE AGREEMENT
NON-EXCLUSIVE LICENSE
5
LEGAL DESCRIPTION
THE SOUTH 2O.00 FEET OF LOT 3 IN BLOCK 28, IN THE ORIGINAL VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
GAPublic\Yorkville\2019\Y01900-C City of Yorkville-General\111 W.Madison Street