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HomeMy WebLinkAboutRes 12-06 04/04/2006 mla 3/30/06 RESOLUTION NO. 12-06 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND OZ DEVELOPMENT CORPORATION, MOUNT PROSPECT. ILLINOIS WHEREAS, Oz Development Corporation has proposed to develop certain real estate, located at 2 West Busse Avenue for the purpose of constructing and operating a restaurant to be known as Blues Bar; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it would be in the best interests of the Village to participate with Oz Development to meet its required parking demand by providing Village-owned off-site parking for the proposed Blues Bar; and WHEREAS, it has been further determined that it would be in the best interest of all concerned to enter into said Agreement in conjunction with the development of the Blues Bar. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor is hereby authorized to sign and the Clerk is authorized to attest her signature on the Agreement between the Village of Mount Prospect and Oz Development, being the subject of this Resolution, a copy of said Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Korn, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: Corcoran PASSED and APPROVED this 4th day of April 2006. ; ATTEST: ~4: /P~ Irvana K. Wilks Mayor ~ (IL- './ ~.. / C/~.~ . , e / M. Lisa ngell V. Village Clerk H:IGENlfilesIWINIRESlAuth agrmt. VOMP & ozdevelopment42006 BLUES BAR PARKING AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (the "Village") and Oz Development LLC, an Illinois Limited Liability Corporation,(the "Developer")(sometimes collectively referred to as the "Parties.") WHEREAS, Developer has proposed to develop certain real estate, located at 2 West Busse A venue, Mount Prospect, Illinois, for the purpose of constructing and operating a restaurant to be known as the Blues Bar (the "Bar"); and WHEREAS, Section 14.2201 of the Village of Mount Prospect Village Code (the "Village Code") requires the Bar, as new construction within the B-5 Central Commercial District (the "Downtown District"), to provide Sixty-two (62) off-street parking spaces (the "Off-Street Parking Requirements"). Though the Off-Street Parking Requirements may be met through a lease of off-site parking "no more than one thousand feet (1,000') from the use served in the central business district," pursuant to Section 14.2206 of the Village code; and WHEREAS, the Village owns certain municipal parking lots and off-street parking spaces within one thousand feet (1,000') ofthe Bar (the "Surface Lots"), and WHEREAS, the Village owns and operates a certain municipal parking garage located at 30 S. Emerson Street (the "Village Garage"), which is also located within 1,000 feet of the Bar; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to promote the viability of the Downtown District by the development of projects, such as the Bar and that such viability may be promoted by the Village's agreement to permit Developer to comply with the Off-Street Parking Requirements through the use of Village of Mount Prospect-owned and maintained parking spaces at the Surface Lots and the Village Garage, to the extent specifically provided for in this Agreement. NOW THEREFORE, in consideration of the foregoing and in consideration of the mutual understandings, promises, considerations and agreements as set forth below, the Parties hereby agree and covenant as follows: 1. Developer shall request from the Village, and the Village shall make available on behalf of its employees, on an annual basis, monthly parking permits to authorize parking in parking spaces in the Surface Lots and/or Village Garage (the "Employee Parking Permits"), up to a maximum of twenty (20) such Permits in aggregate at any given time. These Permits shall be for the use of the Bar's employees only. iManage 171933 1 2. The Village shall also assure the availability at no cost of an additional 42 spaces for the Bar's patrons ("Patron Spaces"). The method of designating and reserving such spaces for use of Bar patrons shall be determined by the Village providing that they shall be available from 11 :00 A.M. to 2:00 A.M. each day of the week. 3. The Village shall, in its sole discretion, designate which Surface Lots and which area(s) within the Village Garage, if any, may be utilized by Developer for parking under this Agreement. In addition, the Village may, in its sole discretion, designate parking areas on such other property, as the Village may own, lease or otherwise control, for use under this Agreement, so long as such parking area is within one thousand feet (1,000') of the Bar. 4. A detailed description of the designated parking area(s) shall be provided to Developer upon execution of this Agreement. The Village shall, in its sole discretion, have authority to modify such designations at any time upon thirty (30) days written notice to Developer, so long as the total of sixty-two (62) parking spaces continue to be made available to Developer within one thousand feet (1,000') of the Bar. 5. Upon the execution of this Agreement and for the first year thereafter, Developer will not be required to pay a fee for the parking spaces. However, the Village retains the right to assess a fee for employee parking permits if a similar fee is assessed to other downtown business employees in the future, provided that there shall never be a monthly or annual fee of any kind for the use of on-street parking spaces on the block on which the Bar is located, i.e., on Busse A venue from Elmhurst Road to Wille Street. 6. Employees and patrons shall abide by all Village rules and regulations of general applicability for display of the Parking Permits and use of public parking facilities in the Village in effect from time to time. 7. This Agreement shall remain in full force and effect for a period of twenty (20) years from and after its effective date. This Agreement shall be mutually renewable for successive periods of five (5) years thereafter. Notwithstanding the foregoing, if Developer at any time acquires or provides permanently through other means sixty-two (62) parking spaces (alone or in combination with additional spaces and/or uses) for the exclusive use of the Bar's patrons and employees and within one thousand feet (1,000') of the Bar, Developer shall have the right to terminate this Agreement effective as of the end of any calendar month of not less than thirty (30) days prior notice, and the Village agrees to rebate and refund any parking fees paid in advance for calendar months thereafter. 8. The parking spaces referred to in this Agreement have been determined to meet the Off-Street Parking Requirements for the Bar. iManage 171933 1 2 '_'_~'"''"-''''_'C:_'-~:'';C:;;:\,'7===;TC-'''''='''T=,~:''=;'<"",=~~''1;;''''''""'~"\=...q::_"~?~=."""".",,,,,,,,,,,,,,.,",,,,,,~,,,.,._"""''''_~=":'='''''''~''''''''.,'''',....-==~'"''' 9. Notice. Any Notice required under this Agreement shall be made in writing and given in person or by registered or certified mail, return receipt requested, addressed to the parties as follows, or at such other place as either of them may hereafter designate for itself by notice in writing to the other: To: Village of Mount Prospect: To: Developer Director of the Finance Department Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Notice shall become effective upon receipt. 10. This Agreement is a personal pri'/ilege and shall not be assignable. This Agreement shall run with the land for so long as the establishment at 2 W. Busse Road is the Blues Bar or a similar establishment. In the event that Developer wishes to transfer its interest in this Agreement, and the new owner operates a different use, then the Village shall be free to determine whether it will enter into a similar agreement with the proposed transferee. 11. If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. 12. Governing Law. This Agreement shall be governed by the construed in accordance with the laws of the State of Illinois. Venue shall only be proper in a court of competent jurisdiction located within the county of Cook, Illinois. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. VILLAGE OF MOUNT PROSPECT, An Illinois home rule municipal corporation By: EMH/njs (3-31-06) iManage 171933 1 3