§ 6-784. Requirements.

Support posts, if any, shall be placed 24 inches from the face of the curb. Any other support location must be approved in writing by the village building inspector. The canopy shall remain the property of the applicant herein.

(1)

The permit issued pursuant to this agreement shall be valid for a period of 20 years from the date of issuance.

(2)

The permit issued pursuant to this agreement shall automatically renew itself on a year-to-year basis after the expiration of the original term, except that the village shall have the right, without cause, to require said canopy to be removed after the expiration of the original term. Said removal shall be at applicant's expense under the same terms and conditions as set forth in subsection (11) of this section.

(3)

No sign larger than 12 inches vertical by 48 inches horizontal, shall be affixed to any canopy. No more than one sign is permitted. There shall be a minimum of eight feet of clearance at all times between the sidewalk and the lower edge of all signs.

(4)

There shall be ten feet of clearance at all times between the sidewalk and the lowest portion of the canopy structure (except for supports).

(5)

The canopy shall be constructed so as to allow adjacent lot owners to attach adjacent canopies to a canopy being permitted by this article. The applicant shall have no vested rights in sides of canopy. The canopy constructed pursuant to this agreement shall be designed to be self-supporting without reliance for support on adjacent canopies.

(6)

The applicant shall furnish to village a certificate of insurance ($300,000.00 minimum liability) and hereby holds the village harmless for any and all injuries or loss of property that may exist as a result of the construction of and maintenance of the canopy structure.

(7)

The applicant agrees to conform to all applicable federal, state and local laws and ordinances.

(8)

Any and all construction and maintenance required for said canopy shall be at the expense of the applicant, his heirs, successors or assigns.

(9)

In the event the applicant fails to maintain the canopy or is in violation of one or more of the terms of this agreement, the village, after notice and after holding a hearing, may remove said canopy and the cost of such removal shall be a lien against the applicant's real property, until such cost is reimbursed to the village. The village shall not be responsible for damage done to the applicant's structure, if any, during and after the removal of said canopy.

(10)

The applicant hereby authorizes the village to record this document, giving notice to all third parties that rights and obligations under this agreement attach to the applicant's real property as set forth herein.

(11)

The term "applicant" herein is hereby defined to include the applicant herein, his heirs, successors and assigns.

(12)

Authority granted by the permit shall be void if the canopy is not fully constructed within one year from the date said permit is issued.

(Res. of 3-3-1998, § 15-1-16(2))