Temporary Use of Public Property Agreement
In consideration of the City of Decatur, an Illinois municipal corporation (“City”)
agreeing to allow _______________________________________. (“Business”) to temporarily
use public rights of way or property in their operations of the sale of food, beverages and/or other
retail products and the waiver of permit fees for such temporary use of public rights of way, done
with the public interest of maximizing business activity within the guidelines set forth by the
State of Illinois of its Phase 3 Restore rules and regulations for preventing and containing the
COVID-19 virus, Business acknowledges and agrees to the following:
1. Any permit issued for the temporary use of public rights of way shall terminate no
later than August 31, 2020 or until otherwise shortened or extended by City Council.
2. That Business has reviewed and is familiar with the provisions of City Code Chapter
41, Section 12 (“Code”)
https://www.decaturil.gov/wp-content/uploads/2015/10/CHAPTER-
41.pdf
and agrees to comply with the provisions in this Code unless specifically waived by the
City Manager or Public Works Directors or their designee.
3. That patrons of Business must have access to indoor restrooms.
4. All beverages provided, served or consumed must be in a plastic, aluminum, paper or
other unbreakable material cup or container.
5. In addition to the requirements set out in the Code, all debris must be removed by
Business at the close of business each day.
6. In addition to the insurance requirements required in the Code, Business will provide
an insurance policy, rider or other satisfactory proof, evidencing existence of the required
insurance coverage for their use of public rights of way or public property in addition to Business
premises.
7. In addition to requirements set out in the Code, all drawings, requests and use of
public rights of way must be in compliance with State of Illinois rules, regulations and guidelines
in effect on the date of this Agreement which can be found at
https://coronavirus.illinois.gov/s/
and must provide for all social distancing requirement in effect at all times.
8. That Business will comply with all requirements of the Macon County Health
Department and the Illinois Department of Public Health required for its operation including, but
not limited to, all social distancing requirements and the enforcement of the same.
9. If Business is utilizing public rights of way adjacent to driving areas, barricades or
other similar obstruction shall be set out in its scaled drawing and provided and placed by the
City or by the Business with City approval.
10. That Business acknowledges and agrees that the terms and conditions set forth in the
Code and this Agreement are essential and that this Agreement is expressly conditioned, entered
into and approved upon the above conditions and permit compliance and failure to do so shall be
subject to any and all penalty provisions and procedures set forth in the City Code and
Ordinances of the City, and any temporary permit issued as a result of this Agreement may be
suspended or revoked following notice and opportunity to be heard, by the City Manager or
designee.