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TO: Mayor John Laesch
FROM: Tracey M. Vacek, Zoning and Planning Director
DATE: October 6, 2026
SUBJECT:
A Resolution Authorizing the Execution of a Pre-Conveyance Right of Entry and License Agreement for the construction, use, and maintenance of an outdoor dining patio on 1 W. Benton Street between the City of Aurora, Swimming Stones LLC, and Mora Ventures LLC
PURPOSE:
Requesting approval of a Pre-Conveyance Right of Entry and License Agreement for the construction, use, and maintenance of an outdoor dining patio located at 1 W. Benton Street between the City of Aurora, Swimming Stones LLC and Mora Ventures, LLC
BACKGROUND:
Fox Island Apartments LLC is the owner of the Mayan building. In 2014, the Fox Island Apartments, LLC received a FCOA for the renovation of the Mayan building which is located at 77 S. Stolp into 29 residential units with commercial space (a proposed restaurant) on the first floor. The entire renovation was approved by the Design Review Committee. Swimming Stones LLC is an affiliate of Fox Island Apartments LLC.
The owners are now working with Leilani Asian Fusion (Mora Venture LLC) to renovate the first floor into a restaurant. The drawings are still being finalized but will include renovating the space into two restaurants but under the same ownership and shared a kitchen. The front portion of the space will become a sports bar with pool tables, games, and approximately 76 seats. The remainder will be Leilani, a sit-down restaurant with approximately 138 seats.
Leilani would also like to construct an outdoor dining patio/deck on a portion of the City's Parcel at 1 W. Benton Street adjacent to their rear, non-ornate portion of the building. The deck will be located where the door is on the side. The door and windows will be turned into a modern patio door opening. An approximate 18’ by 20’ covered deck will sit in front of the new entrance. An unroofed deck will continue past the roofed section. The roof deck will feature custom design masonry columns with a roof that feature Mayan design elements. The unroof deck will feature a simple railing and lattice where needed.
The City and owner have been working collaboratively toward the conveyance of a portion of the City Parcel to Swimming Stones LLC. However, the conveyance cannot occur until a Final Plat of Resubdivision establishing the Deck Parcel as a separate lot has been prepared, approved by the City, and recorded. This agreement would allow construction of the outdoor dining patio/deck to be begin before winter while the Final Plat of Resubdivision and conveyance process moves forward.
DISCUSSION:
The key provisions within the agreement include:
Temporary access: The City grants a temporary, non-exclusive, revocable license for patio construction only. The patio cannot be used for dining or public access until the property is conveyed.
No guarantee of conveyance: The agreement does not obligate the City Council to approve the final plat or convey the property but to cooperate and procced in good faith to complete the Final Plat and to present it along with the conveyance to the City Council for its consideration. Approval remains at the Council’s discretion.
Costs and responsibilities: The licensee is responsible for all construction costs, permits, utility protection, site restoration, and damage caused by its work.
Environmental protections: Because the property was formerly a gasoline service station, the licensee acknowledges that pre-existing environmental conditions may exist and accepts the area "as is, where is, with all faults".
Insurance and financial security: The licensee must provide required insurance, indemnify the City against specified claims, and post security to ensure its obligations are met.
Removal or retention of improvements: If the conveyance does not occur, the City may require the patio to be removed and the property restored. Alternatively, the City may retain the improvements without compensating the licensee.
Agreement duration: The agreement expires upon conveyance, six months after its effective date unless extended in writing, or earlier termination under the agreement’s terms.
IMPACT STATEMENT:
This agreement will allow the patio construction to proceed in a timely matter. This project will increase the City’s overall tax base by facilitating investment and development and additional food and beverage taxes.
RECOMMENDATIONS:
Staff recommends approval of the Resolution Authorizing the Execution of a Pre-Conveyance Right of Entry and License Agreement for the construction, use, and maintenance of an outdoor dining patio on 1 W. Benton Street between the City of Aurora and Swimming Stones LLC.
ATTACHMENTS:
Exhibit "A" Pre-Conveyance Right of Entry and License Agreement
Architectural Plan
cc:
Alderman Michael Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Execution of a Pre-Conveyance Right of Entry and License Agreement for the construction, use, and maintenance of an outdoor dining patio on 1 W. Benton Street between the City of Aurora, Swimming Stones LLC and Mora Ventures LLC
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Swimming Stones LLC and Mora Ventures LLC have requested and received permission by the City of Aurora for the construction, use, and maintenance of an outdoor dining patio on 1 W. Benton Street prior to the conveyance of a portion of said property; and
WHEREAS, it is in the best interests of the City of Aurora and its residents to approve the License Agreement, and its terms and provisions, for the construction, use, and maintenance of an outdoor dining patio by Swimming Stones LLC and Mora Ventures LLC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, as follows: that the License Agreement attached to this Resolution as Exhibit "A" shall be and hereby is approved; and further
BE IT RESOLVED, that the Mayor is authorized to execute said License Agreement on behalf of the City.