HomeMy WebLinkAbout77-0621 Ace Coffee Bar AGREEMENT
This agreement made this 1.1 day of )r.. - , 1977, between the
City of Elgin, Illinois, a municipal corporation, hereinafter called "City"
and Ace Coffee Bar, Inc. , its successors and assigns, having its place of
business at Route 1 , Box 124, Elgin, IL, hereinafter called "Concessionaire. "
WITNESSETH
WHEREAS, City desires to make available concession stands at Lord's Park
and Wing Park swimming pools during the summer months; and
WHEREAS, Concessionaire desires to operate these concession stands dur-
ing the summer months of 1977; and
WHEREAS, City has determined Concessionaire's bid to be the best bid and
desires to contract with Concessionaire to perform said work.
NOW THEREFORE, in consideration of the mutual covenants and promises
herein set forth, it is mutually agreed herein by and between the parties:
1 . Concessionaire is granted the exclusive privilege of selling and
dispensing food, soft drinks, candy, ice cream, and other types of refresh-
ments together with cigars, cigarettes, tobacco and charcoal at Lord's Park
and Wing Park swimming pool located in the City of Elgin, Illinois , during
the summer period commencing June 4, 1977 and terminating September 6, 1977.
2. Concessionaire agrees to operate the concession taking over the
counter sales between the hours of 12:30 P.M. and 9:00 P.M. daily including
Sundays and holidays.
3. Concessionaire agrees to pay to the City as consideration for the
concession granted and the use of the premises 10 percent of gross revenues
less Illinois Sales Tax from all sources derived from the operation of the
concession granted. Said compensation shall be paid to City on or before
October 1 , 1977.
4. Concessionaire agrees to provide City with a price list of all goods
to be sold. Additional price lists shall be provided whenever prices are
changed or additions or deletions are made.
5. Concessionaire agrees to maintain a bookkeeping system supported by
invoices and other records of all transactions which will accurately reflect
gross receipts from the operation of the concession granted and City may examine
and audit all such records to determine compensation due.
6. Concessionaire shall have the use of the concession stands located
at Lord's Park and Wing Park swimming pools during the term of the concession
. granted, and shall surrender possession of said stands upon expiration of the
concession in the same condition except for normal wear and tear. City shall
furnish at its expense all electricity used by Concessionaire. Concessionaire
shall furnish at its own expense all equipment and other utilities used or con-
sumed in operation of the concession granted.
7. Concessionaire agrees to keep and operate concession stands in a neat
and sanitary manner and shall keep the grounds to the front and side of each
stand clean of litter and shall operate said concession in accordance with all
laws, regulations and ordinances of the State of Illinois and City of Elgin.
8. Concessionaire agrees to hire and supervise all employees and insure
reasonable standards of service and conduct and shall provide service from
12:30 p.m. to 9:00 p.m. daily including Sundays and holidays.
9. Concessionaire agrees to indemnify and hold harrilless the City from any
and all claims arising out of the operation of the concession under the concession
granted by City and Concessionaire shall bear all costs of investigation, attorneys
fees, settlement or judgment resulting from claims or demands arising out of or in
connection with the operation of the concession stand. Concessionaire shall fur-
ther protect the City by procuring property damage and public liability insurance
in the amounts of $100,000 and $300,000 respectively in a company or companies
acceptable to the City for any loss or damage sustained by any person, firm or
corporation by reason of the operation of said concession. Concessionaire shall
provide City with a certificate of insurance naming City as additional insured.
Concessionaire agrees to provide Workmen's Compensation insurance in accordance
with statutory requirements.
10. Concessionaire agrees that upon breach of any provision of this agree-
ment, City may terminate all the rights and privileges of Concessionaire under
this contract by written notice and upon receipt of such notice Concessionaire
shall immediately surrender possession of City stands and equipm• t.
CI , OF
By
£ 1 A
:O I . elson, 'ity 'anager
Attest:
ACE COFFEE BAR, INC.
City Cler1By Q. -
Its President
(Corporate Seal )
Secretary _921c3 ,...1tJA—,2