Loading...
HomeMy WebLinkAbout79-0618 Ace Coffee Bar l -Y 779-obl$ AGREEMENT This agreement made this t%th day of June, 1979, 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, Illinois, hereinafter called "Con- cessionaire." 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 during the summer months of 1979; and WHEREAS, City has determined Concessionaire's proposal to be the best offer 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 refreshments 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 16, 1979 and terminating September 3, 1979. 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, 1979. 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 equipment and other utilities used or consumed 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 harmless the City from any and all claims arising out of the operation of the concession under -2- I. . • 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 con- cession stand. Concessionaire shall further 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 agreement, 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 equipment. CIT/OF ELGIN, BY i) \, ii j I. Lson, City Manager Attest: City Clek t...„.........„,,....„„ r ACE COFFEE BAR, INC. , By 6? Its 'President Attest: /, ,I 7- 1"; 7:ry -3- ,.