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HomeMy WebLinkAbout00-199 Resolution No . 00-199 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH HUGEE ENTERPRISES, INC. (Al ' s Cafe & Creamery) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with Hugee Enterprises, Inc . for the construction, installation, maintenance and operation of a grease separator within the public right-of-way, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 13 , 2000 Adopted: September 13 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk OF Et._i ' � City of Elgin Agenda Item No. ���� -R9TfD � �_, L September 1, 2000 G TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Joyce A. Parker, City Manager SUBJECT: Request for Participation in the Grease Trap Incentive Program PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a request from the owner of Al' s Café, located at 43 DuPage Court, to participate in the Grease Trap Incentive Program. BACKGROUND In the spring of 1998, Ms . Julia Hugee-Pedersen submitted an application for participation in the Grease Trap Incentive Program. Ms . Hugee-Pedersen met all the requirements of the program as identified in the attached program guidelines . Due to some confusion over the need for a Fox River Water Reclamation permit, the request for participation in the program was not submitted to the City Council for authorization to proceed with participation in the program. Ms . Hugee-Pedersen proceeded with the installation of the grease trap and is now seeking the 50% reimbursement under the program. The cost of the grease trap installation was $14, 095 . 00 . Ms . Hugee-Pedersen has met all the requirements of the program and is eligible for a reimbursement in the amount of $7, 047 . 50 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . QM3NANCIAL IMPACT There are sufficient funds available in the Riverboat Lease Fund, Economic Development Incentives account number 276-0000-791 . 80-27 to fund this incentive. n Grease Trap Incentive-43 DuPage Court September 1, 2000 Page 2 LEGAL IMPACT None . ALTERNATIVES 1 . Authorize participation by Al' s Café in the Grease Trap Incentive Program in the amount of $7, 047 . 50 . 2 . Deny participation in the Grease Trap Incentive Program by Al' s Cafe. RECOMMENDATION It is recommended that the Mayor and City Council authorize participation by Al' s Café in the Grease Trap Incentive Program in the amount of $7, 047 . 50 Respectfully submitte , Ai J.i+"ce Parker City Manager RHM: sp Attachments .?UN-1G.-00 04 : 18 PM FRWRD 8477420193 P. 01 FRIVIR'Itc,10 eink FOX RIVER WATER RECLAMATION DISTRICT RAYMOND STREET&PURIFY DRIVE/P.n.RN 328.ELGIN.IL 80121-0328/PH.(847)7422088 MX(847)74?-0183 Memo To: Raymond Moeller, City of Elgin - via fax only From: Rick Manner, FRWRD District Engineer Date: June 16, 2000 Subject: Al's Cafe Grease Separator The exterior, 1000 gallon grease and solids separator for Al's Cafe at 43 DuPage Court was required to control non-domestic discharges to the combined sewers from the downtown area. Since no additional fixtures were added at the time of the trap's installation, no FRWRD connection permit was issued. However, the District did review the installation and inspect the completed project. Both were acceptable to the District. Since the r installation, it has apparently been maintained properly and operational inspections have generally been satisfactory. Please contact me if you need additional documentation. TRUSTEES EmietR lt�wig r,e;;icrenl Jam*B E.Tucker Vice Preaioent Eeuur R.Curl, IA Unlit OFFICIALS Gregory Nergenroader.N.E. lim,rt,»I Mu,u,pr Douglas J.Sche)ow Arrnmay CITY OF ELGIN GREASE TRAP INCENTIVE PROGRAM APPLICATION The City of Elgin will provide a rebate of fifty percent (50%) of the cost of purchase and installation of a grease trap required of busineses in those areas of the Center City which are served by combination sewers. Application should be completed and submitted to the Director, New Century Partnership For Elgin, 31 South Grove Avenue, Elgin, IL 60120. The rebate will be provided upon approval of expenditure by the Elgin City Council and upon the City receiving proof that the grease trap has been installed. A. APPLICANT INFORMATION Name: S 'sL E �J1 LJ. - a ; - I S C.,. Mailing Address: /O ' Bole 5 — Q // / 60f2-/-/- o5775- Telephone: (daytime) $9°7- (evening) EV 7- 73 /-f-,07 Is applicant the owner of the property at which the grease trap is to be located? Yes A/ No If applicant is not same as property owner, provide such person's name, mailing address and telephone number at which he/she can be reached. • Name: ghu/9 /l /6 Address: °,00 i.04 '// S „,u _S G /I Telephone: (4o3O) If applicant is not property owner, please indicate term of lease (no. of years) for occupying space to house business. yr (s) . Please attach copy of lease. , Page 2 fek Grease Trap Incentive Application B. PROPERTY AND BUSINESS INFORMATION Address of property to be served by grease trap: �Z&« // L'of2-f Name of business to be served by grease trap: A / /s Cam-- I Ce ry&p/ Provide brief description of the nature of the business and the type of food /service to be ofVfered: / /Ju 9, v, :..e1 ' " 5 / Is this a new business? Yes x No rm. If yes, provide copy of business plan, showing income sources and cash flow for at least two years. If existing business, provide copy of federal and state income tax return for previous 5 years.. NOTE: All personal and business financial information will remain confidential. C. GREASE TRAP REQUIREMENTS State size of grease trap being required to serve the business. /C940 d7 --gallon. Attach correspondence from the Fox River Water Reclamation District which specifies the grease trap size being required. ESTIMATED cost of greas trap (purchase and installation) . $ /;;995"oo (4 A tach a minimum of two cost proposals for purchase and installation. • • Page 3 Grease Trap Incentive Application • D. PROPERTY OWNER'S ACKNOWLEDGEMENT (to be completed if applicant is not property owner) Pt?'�/-3 1 As owner of the property located at 7` ELefritu /L. , in Elgin, Illinois, I acknowledge that the applicant is seeking assistance under the City of Elgin Grease Trap Incentive Program and is a tenant of the above-stated property. Further, I have given permission for the applicant to have installed a grease trap, in compliance with applicable regulations of the City of Elgin and the Fox River Water Reclamation District, to serve the business at the property identified above. "i/ 1i Name of •,ner i WAIL /ERA. Signer re elk E. ASSURANCES I hereby assure that all information provided within this application for assistance under the City of Elgin Grease Trap Incentive Program is true and accurate. If any information provided herein is found not to be true and accurate, I acknowledge that the City of Elgin may choose not to give this application further consideration. 1 al.Cep— �S Name of Applicant grature OFFICE USE ONLY: Application received: (date) Application received by: (name) r APPL3.98/NCPBOAR.D/GRSTR.AP r.immerman, Smith & Kostelny Charles M. Zimmerm +ttomeys at Law Robert W. Smi Marmarie J. Kostelr 162 E.Chicago Stre Elgin,Illinois 601 phone (847)931-5C May 28, 1998 fax(847)931-5c Julia Hugee-Pedersen Hugee Enterprises, Inc. 715 North Spring Street Elgin, IL 60120 Re: License Agreement Dear Julia: I am enclosing herewith two copies of the License Agreement which contains certain revisions suggested by Attorney Cogley. I have reviewed the revisions and have found t them to be in acceptable form. Please execute both copies and deliver them to Mr. Cogley at City Hall for execution by the City. One fully executed copy should be returned to you. If you have any questions,please call me. _ Very truly yours, • Robert W. Smith RWS:lh Encl. cc: William A. Cogley F fc• � City of Elgin Mayor °9,,� ti Kevin Kelly °R4iEOF�55;; ' Council Members Terry Gavin Robert Gilliam Ed Schock April 12, 1999 John Walters Marie Yearman Robert W. Smith, Esq. Zimmerman, Smith, Kostelny and Craddock 162 East Chicago Street Elgin, IL 60120 Re: Hugee Enterprises, Inc. License Agreement with the City of Elgin Dear Bob: Attached is a copy of your May 28, 1998 correspondence regarding the above-referenced matter. I have never received the executed License Agreement from your client. I would appreciate receiving copies of the executed License Agreement as soon as possible. Thank you for your attention to this matter. Very truly yours, William A. Cogley Corporation Counsel WAC/mg Attachment r 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® P,■rneo on recycleo Daoe, ,tsi OF Etc 9 —City of Elgin Mayor "o,� �'� Ed Schock ap4E-ti Council Members Juan Figueroa Robert Gilliam Ruth Munson September 14 , 1999 John Walters Stuart Wasilowski Marie Yearman City Manager Joyce A. Parker Robert W. Smith, Esq. Zimmerman, Smith, Kostelny • and Craddock 162 East Chicago Street Elgin, IL 60120 Re : Hugee Enterprises, Inc. License Agreement with the City of Elgin Dear Bob: Attached is a copy of my April 12 , 1999 letter to you regarding the above-referenced matter. I still have not received an executed copy of the license e"` agreement . Please contact me to discuss this matter. Very truly yours, Vi WO( (4/4 William A. Cogley Corporation Counsel WAC/mg r 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Ponied on recycled paper City of Elgin Mayor oPn u � Ed Schock °R+rrnFE* Council Members Juan Figueroa Robert Gilliam Ruth Munson February 18 , 2000 John Walters Stuart Wasilowski Marie Yearman City Manager Joyce A. Parker Robert W. Smith, Esq. Zimmerman, Smith, Kostelny and Craddock 162 East Chicago Street Elgin, IL 60120 Re : Hugee Enterprises, Inc. License Agreement with the City of Elgin Dear Bob: Attached are copies of my April 12, 1999 and September 14 , 1999 correspondence to you regarding the above-referenced matter. I have still not received an executed copy of this license agreement . Please contact me immediately to advise me when I will receive the signed document . Very truly yours, William A. Cogley Corporation Counsel WAC/mg rik 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Pnrned on recycled paper LICENSE AGREEMENT THIS LICENSE AGREEMENT made and entered into this day of May, 1998, by and between the City of Elgin, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as"Licensor") and Hugee Enterprises, Inc., an Illinois corporation, d./b/a Al's Café & Creamery, of Elgin, Illinois (hereinafter referred to as "Licensee"); WITNESSETH WHEREAS, Licensee leases the premises located at 43 DuPage Court,Elgin, Illinois, and operates a restaurant known as Al's Café & Creamery at said premises (hereinafter referred to as the"Restaurant"); and WHEREAS, Licensor owns the public property upon which is located the sidewalk on the West side of Spring Street, adjacent to 43 DuPage Court,Elgin, Illinois; and WHEREAS, the Licensee is required to construct and install a Grease Separator to service the Restaurant and to satisfy the requirements of the Fox River Water Reclamation District with respect to pretreatment of water discharged into the sanitary sewer system; and WHEREAS, Licensor considers it in the best interests of the public that the Restaurant be operated in a sanitary manner for the benefit of the general public and that the general health, -1- safety, and welfare of the residents of the City of Elgin be promoted by proper treatment of water discharged into the sanitary sewers; NOW,THEREFORE,the parties hereto agree as follows: 1. Licensor hereby grants to Licensee the right to construct, install, maintain, and operate a Grease Separator under the sidewalk within the public right-of-way outlined on Exhibit A, attached hereto and incorporated herein. 2. In consideration for this License, Licensee agrees to pay the Licensor a fee of Ten Dollars($10.00)upon execution of the agreement and to further comply in full with the terms and conditions contained herein. 3. Licensee agrees to construct, install,maintain, and operate the Grease Separator in substantial accordance with the plans dated June, 1995, attached hereto as Exhibit B and pursuant to the specific written authorization of the city public works director. All costs of construction,installation, maintenance, repair, replacement and operation of the Grease Separator shall be at the sole cost and expense of the Licensee. Licensee at its sole cost shall promptly restore to original condition the sidewalk and any other areas within the public right of way disturbed during the construction, installation, maintenance, repair, replacement, or operation of the Grease Separator. 4. Licensee agrees that the Grease Separator shall be maintained in accordance with the requirements of the City of Elgin, the Fox River Water Reclamation District, and such other -2- • governmental agencies as may exercise jurisdiction over the operation of the Grease Separator. If Licensee should fail to maintain the Separator in accordance with the foregoing requirements, Licensor shall have the right, but not the obligation, to perform necessary maintenance and to charge the cost thereof to the Licensee, and Licensee shall be obligated to reimburse Licensor for all such costs upon receipt of invoice therefor. 5. Licensee covenants and agrees to maintain throughout the term of this License a policy of public liability insurance covering all public risks related to the use, maintenance, existence, or location of the Grease Separator, naming the City of Elgin as an additional party insured to the extent of its interests. The limits of coverage of such insurance shall be as follows: Comprehensive General Liability for Bodily Injury,Personal Injury and Property Damage: $100,000 per occurrence; $500,000 annual aggregate; with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at Licensor's option and Licensee will so revise such amounts within thirty(30)days following notice of Licensee of such requirements. 6. Licensee agrees to and does hereby to the fullest extent permitted by law indemnify,hold harmless and defend Licensor, its officers, agents, employees, and servants from any and all property loss or damage and/or personal injury, including death,to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the existence, maintenance, use, or location of the Grease Separator whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Licensor; and Licensee hereby assumes all liability and responsibility of Licensor, its officers, agents, servants, and employees for such suits or claims. -3- Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage fe' to the premises, whether arising out of or in connection with any and all acts or omissions of Licensee, its officers, agents, employees, contractors, licensees, invitees, or trespassers, or caused in whole or in part by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Licensor to the extent they arise out of this License. 7. This License Agreement may be terminated by Licensor if Licensee breaches any of the terms or conditions herein or Licensor determines in its sole and exclusive discretion that it reasonably requires the licensed premises for a public purpose that is inconsistent with the continued installation and maintenance of the Grease Separator, including but not limited to the installation, repair,replacement of any utilities or other public improvements or the city's determination to vacate the subject public right of way. In the event of a breach of the agree- ment, Licensor shall give written notice of the breach to Licensee and Licensee shall have a reasonable time,not less than seven(7)days after receipt of written notice,to cure said breach. If said breach is not cured, Licensor may terminate this license. In the event the Licensor reasonably requires the licensed premises for a public purpose that is inconsistent with installation and maintenance of the Grease Separator,Licensor shall give a minimum of sixty (60)days written notice to Licensee of its intent to terminate this license and the reasons therefor. Licensor agrees to use good faith efforts to assist Licensee in the relocation of the Grease Separator, but the Licensor is not obligated hereby to provide an alternative site therefor and all costs of removal or relocation of the Grease Separator shall be borne by Licensee. Whenever Licensee terminates this License Agreement as provided herein, Licensor shall file a memorandum citing the termination of this license. -4- 8. Although this License shall be deemed personal for the Licensee, it may be assigned to a successor in interest of the Restaurant with the written approval of Licensor. This approval shall not be unreasonably withheld. Any successor licensee shall be required to adhere to all terms and conditions of this Agreement. 9. The license granted herein shall automatically terminate when and in the event the Licensee shall remove the Grease Separator from the public right of way and cease use thereof for the purposes herein specified for a period of six(6)months or more. Upon termination of this agreement, Licensee agrees at its sole cost to immediately remove the Grease Separator and all related improvements from the subject premises and to restore the site to its original condition. If Licensee fails to exercise its duties under this paragraph, Licensor shall have the right to remove the Grease Separator and related improvements and restore the subject premises at no cost or liability to the city. 10. The parties agree that should any action rise out of the terms of this Agreement, whether at law or in equity,venue for such action shall lie in Kane County,Illinois. 11. In any obligation brought by Licensor for enforcement of the obligations of Licensee,Licensor shall be entitled to recover reasonable attorney's fees and costs incident to said enforcement. 12. The parties agree that a memorandum of this Agreement may be recorded in the office of the Kane County Recorder, citing the legal description of the property located at 43 f DuPage Court. Licensee shall pay all costs and expenses of this recording. -5- IN WITNESS WHEREOF the parties have caused this agreement to be executed by the City Manager and attested by the City Clerk on behalf of Licensor, and by Julia Hugee-Pedersen, • sole shareholder of Licensee. CITY OF ELGIN By City Manager Attest: City Clerk HUGEE ENTERPRISES, INC. By Julia Hugee-Pedersen Sole Shareholder ZIMMERMAN,SMITH&KOSTELNY Attorneys at Law 162 E.Chicago Street Elgin,IL 60120 (847)931-5060 -6-