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HomeMy WebLinkAboutResolution #3152:~- RESOLIITION N0. 3152 A RESOLIITION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND KENTIICKY FRIED CHICKEN WHEREAS, Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the attached Agreement regarding the issuance of an occupancy permit between the City of Canton and Kentucky Fried Chicken, be entered into by -the City of Canton; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the Agreement, a copy of which is attached as Exhibit A, is hereby approved by the Canton City Council and the Mayor is hereby directed to execute and deliver the same on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof . PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 15th day of December, 19 92 , upon a roll call vote as follows AYES : Aldermen. Mey, Ck~.apma~.z, Sarff , Coay . NAYS: Aldermen Meade, Steck. ABSENT : Aldern~an P'lolleck APPR D: ~~ Donald E. Edwards, Mayor ATTEST: 4' an y it , City Clerk. A G R E E M E N T This Agreement is made this 8th day of December, 1992 by and between ALWAN BROTHERS PARTNERSHIP, an Illinois general partnership consisting of WILLIAM N. ALWAN and JOSEPH M. ALWAN, hereinafter called "ALWAN" and the City of Canton, an Illinois municipal corporation, hereinafter called "CITY". Whereas, City has heretofore issued a building permit to Alwan to construct a restaurant and drive through facility for a RFC franchise on North Main Street in Canton, Illinois; and, Whereas, Alwan has completed most of the construction and has applied for an occupancy permit so that the business may be opened; and, Whereas, City has determined that the parking lot, as built, does not meet the provisions of Chapter 14 of Article 10 of the Canton Municipal Code; and, Whereas, Alwan has requested a temporary occupancy permit. NOW, THEREFORE, for an in consideration of the promises contained herein, the sufficiency of which is acknowledge as follows: ~. W I? 8.B S S S? H: 1. WITHIN 180 DAYS, ALWAN will revise it's parking lot at the RFC location in accordance with the plans earlier submitted to City to obtain a building permit, or alternatively 2. ALWAN will revise its off street parking at the RFC site to comply with the provisions of Title 10, Chapter 14 of the Canton City Code. 3. ALWAN agrees that if it does not comply with paragraph 1 or 2 hereof, the retail business located at the site will be shut ~f down without further notice 180 days from this date not to reopen until compliance with either paragraph 1 or 2 hereof and further, ALWAN consents to the issuance of an order by a court of competent jurisdiction at that time shutting down said business until compliance be had. CITY OF CANTON By : Donald E. Edwards, Mayor ATTEST: Nancy Whites, City Clerk. ALWAN BROTHERS, PARTNERSHIP By : :.