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TO: Mayor Richard C. Irvin
FROM: Trevor Dick, Assistant Director
DATE: December 9, 2024
SUBJECT:
A resolution authorizing the execution of a License Agreement with 7 SOUTH LLC, for the use of a portion of Skinny Park for outdoor dining and access to support a restaurant at 7 South Broadway.
PURPOSE:
The Petitioner, 7 SOUTH LLC an Illinois limited liability company, is requesting to enter into a License Agreement which would allow the Petitioner to construct and maintain future planned improvements on a portion of Skinny Park.
BACKGROUND:
The owners of the new restaurant at 7 South Broadway are proposing to construct and maintain an outdoor dining area immediately south of their building (which is landlocked) on City owned property (known as Skinny Park). Because there is no land available on their property, the petitioner is seeking to enter into a license agreement to use a portion of Skinny Park for outdoor dining as agreed upon by the City Council in the approved RDA R24-185.
The licensed area is shown on Exhibit B-Map of Licensed Area on the City of Aurora Property. This agreement will allow the business to use the area shown on the Exhibit year-round for outdoor dining. The agreement will allow the business to install either temporary and/or permanent elements including fencing, seating, tables, lighting, and planters on this Licensed Area. Necessary approvals will still be required from the Development Review Committee and the City’s Building and Permitting Department. The width of the licensed area is based upon the intent to continue to allow a public walkway through Skinny Park while also allowing future outdoor dining on the southern portion of Skinny Park if in the future an additional restaurant was to come to fruition at 11 South Broadway.
Exhibit C - Site Preparations outlines the construction responsibilities moving forward however, in general, the City is required per the RDA to prepare the site, and the Petitioner, will be installing outdoor seating elements, façade improvements, new lights, and furniture. The City will be installing stamped concrete in two areas with grass in the middle. As part of the project the water wall will be removed and the City will store the item in the new Public Works facility until a new location is determined. The Petitioner will be responsible for all maintenance within the Licensed Area which includes the mowing of the grass and maintaining landscaping. Just south of the licensed area, the City will be installing two small sections of concrete at each end of Skinny Park to continue a public walkway through Skinny Park.
The Petitioner also plans to apply to the City to use a portion of Water Street Mall for seasonal outdoor dining but will be doing so separately following the City’s review and approval process.
DISCUSSION:
The petitioner will construct and maintain future improvements. This License shall be in effect for a period of one (1) year from the Effective Date, and automatically renew annually and continue until such time as (i) the Licensee Property is no longer occupied and used for the Permitted Use, (ii) Licensee fails to renew or obtain all licenses and permits required by Aurora to operate the Permitted Use (the “Municipal Permits”) and fails to renew or obtain the same within seven (7) calendar days of receipt of written notice from Aurora, or (iii) this License is terminated pursuant to Section 18 (the “Term”).
Although not part of this License Agreement, the Petitioner also plans to apply for a seasonal outdoor dining license agreement to use a portion of Water Street Mall.
IMPACT STATEMENT:
This project will increase the City’s overall tax base by facilitating investment and development and additional food and beverage taxes. Without the new door, stairs, and access ramp the restaurant will have limited access and seating capacity.
RECOMMENDATIONS:
Staff recommends approval of the resolution authorizing the execution of a License Agreement.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Execution of a License Agreement with 7 SOUTH, LLC for the use of a portion of Skinny Park for Outdoor Dining and Access to Support a Restaurant at 7 South Broadway.
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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, 7 SOUTH LLC, will be opening their new restaurant at 7 South Broadway; and
WHERAS, due to property area limitations, 7 SOUTH LLC, needs access and use of the City's adjoining property at Skinny Park for an outdoor dining area that includes dining fixtures and a new door, stairs, awnings, lights, and windows.
WHEREAS the City seeks to support 7 SOUTH, LLC success and is therefore willing to allow the corporation to use its property for the mutual benefit of both parties; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: the Mayor shall be and hereby is authorized to execute the afore described Agreement on behalf of the City, subject to final approval from the City’s Corporation Counsel’s Office..