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HomeMy WebLinkAboutRESOLUTION - 8-20 - 1/28/2020 - License Agreement Sunrise RetailRESOLUTION NO.8-20 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SUNRISE RETAIL DEVELOPMENT, LLC (1600 OAKTON STREET) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: LICENSE AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 4 NAYS: 0 ABSENT: 2 PASSED this 28 day of January 2020. APPROVED this 28 day of January 2020. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and effective on this day of January, 2020 ("Effective Date") by and between the Village of Elk Grove Village, an Illinois home rule municipal corporation located in Cook and DuPage counties ("Village") and Sunrise Retail Development, LLC, an Illinois limited liability company ("Developer"). RECITALS A. Village is the exclusive owner of certain property commonly known as 1600 Oakton Street (the "Property") located in the Village. The Property is currently improved with a vacated hotel building ("Building"). B. The parties have entered into a redevelopment agreement dated August 5, 2019 ("RDA") pursuant to which the Village has agreed, subject to certain terms and conditions, to convey title to the Property to Developer in phases as part of a redevelopment project undertaken by the Village. C. Prior to conveying the Property, the parties have agreed that Developer can begin certain pre -construction activities within the Building to prepare it and the Property for redevelopment. NOW, THEREFORE, in consideration of the mutual consideration exchanged between the parties as set forth herein, the sufficiency and receipt of which are mutually acknowledged, the parties agree as follows: 1. Recitals. The above -stated Recitals are hereby restated and incorporated into this Section 1 as though fully set forth herein. 2. Grant of Authority. The Village hereby grants a non-exclusive license ("License") to Developer to allow Developer, its contractors and agents to enter onto the Property to begin removing personal property and debris and making such other internal modifications in the Building as expressly agreed to by the Village. Developer, its contractors and agents shall at all times comply with all applicable codes and laws. Developer shall make no improvements or alterations to the exterior of the Building unless and until Developer has obtained all required permits from the Village, the Metropolitan Water Reclamation District and any other governmental authority having jurisdiction over the Property. All work done in the Building shall be done at the sole cost of the Developer. 3. Term, Termination. The License shall begin on the Effective Date and shall terminate upon the earlier of the Village conveying title of the Property to the Developer, or, the delivery of a written ten (10) day termination notice by either party to the other. If terminated, Developer shall vacate and secure the Building at its own cost and expense. 4. Insurance• Security; Indemnification. Developer shall maintain liability and workman's compensation insurance in amounts consistent with those set forth in the RDA. 1 Before entering onto the Property, Developer shall deliver a certificate of such insurance naming the Village as an additional insured. Developer hereby covenants and agrees, at its expense, to indemnify and save the Village, and its officers, agents, employees, engineers and attorneys (the "Indemnitees") harmless against, any actions, claims, fines, and damages adjudicated to be a result arising directly from Developer's entry and activities on the Property, unless such claims, actions, and damages are adjudicated to have arisen by reason of the negligent acts or omissions of the Village. 5. No Amendment to RDA. Nothing contained herein shall be construed as amending or otherwise altering the RDA; all of its terms and conditions shall remain in full force and effect. 6. Notice. All notices required or permitted to be given to either party by the other party under this License Agreement shall be sent to the parties in the manner and at the addresses set forth in notice provisions of the RDA. [SIGNATURE PAGE TO FOLLOW] ig IN WITNESS THEREOF, the parties have duly executed this Agreement pursuant to all requisite authorizations as of the Effective Date. VILLAGE OF ELK GROVE VILLLAGE, COOK AND DUPAGE COUNTIES, ILLINOIS, an Illinois Municipal Corporation Mayor Craig B. Johnson SUNRISE RETAIL DEVELOPMENT, LLC, an Illinois limited liability company By: Its: 3 Managing Member