The URL can be used to link to this page

Home My WebLink About03-319 Resolution No. 03-319 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH PHETSOUVANH KOUNLAVONG FOR AKINA' S RESTAURANT (23 S . Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, 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 Phetsouvanh Kounlavong for an outside café at Akina' s Restaurant at 23 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2003 Adopted: November 19, 2003 Omnibus Vote: Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk LICENSE AGREEMENT THIS AGREEMENT made and entered into this (9T1I day of NOV. 2003 by and between the CITY OF ELGIN, an Illinois municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as "Licensor") and Phetsouvanh Kounlavong, (hereinafter referred to as "Licensee") . WITNESSETH WHEREAS, Licensees is the tenant of certain property commonly known as 23 South Grove Avenue, Elgin, Illinois, and legally described as follows: See Exhibit A. WHEREAS, Licensees desires to place tables and chairs on a portion of the public right of way owned by Licensor known as South Grove Avenue which is adjacent to the above-described property of Licensees for the purpose of developing an outdoor cafe in conjunction with Akina' s Restaurant, located at 23 South Grove Avenue. NOW, THEREFORE, the parties agree as follows: 1. Licensor hereby grants to Licensees a temporary license to permit Licensees to place tables and chairs upon a portion of the South Grove Avenue right-of-way owned by Licensor and depicted on Exhibit B consisting of two pages attached hereto and made a part hereof. 2 . In consideration for this agreement, Licensee agrees to pay to Licensor a fee of Ten Dollars ($10 .00) due and payable when this agreement is executed. 3 . This agreement may be terminated by either party for any reason or no reason upon giving sixty (60) days written notice to the other party hereto. In addition, this agreement may be terminated by Licensor upon five (5) days written notice to Licensee of a breach of any term or condition of this agreement. 4 . Licensee agrees to erect the tables and chairs only with the specific written authorization of the Licensor' s Public Works Director and at such site and manner as is designated by the Public Works Director and as depicted on Exhibit B. 5. Licensee agrees that the tables and chairs shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, 1976, as amended. Licensor shall be the sole judge of the quality of the construction and maintenance, and upon written notice by Licensor, through its Public Works Director, stating in general terms how and in what manner maintenance is required, Licensee shall be required at their cost to perform such required maintenance. If Licensees fails to do so, then Licensor shall have the 2 right to perform this maintenance, the cost of which shall be borne by Licensee. Such tables and chairs shall be removed from the premises immediately upon receipt of instructions from the Public Works Director for the removal of same. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the tables and chairs. 6 . Licensees shall immediately remove, at his own expense, said tables and chairs in the event Licensor determines such removal necessary or convenient for the installation, repair or replacement of any utilities or any other public improvements on the subject premises. Any replacement or repair of the tables and chairs, under any circumstances, shall be at the sole expense of the Licensee. 7 . Upon termination of this agreement, Licensee agrees to immediately remove the tables and chairs from the subject premises and to restore Licensor' s property to its original condition. If Licensee fails to exercise its duties under this paragraph, Licensor shall have the right to remove the tables and chairs and restore Licensor' s property at no cost or liability to the City. 3 Licensee covenants and agrees to reimburse Licensor for such removal and/or restoration. 8. Licensor shall in no way be responsible for loss of or damage to the tables and chairs or any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be stolen, destroyed or in any way damaged during the erection or maintenance of the tables and chairs and Licensee hereby indemnifies and holds harmless Licensor, its officers, agents, servants and employees from and against any and all such claims. 9 . To the fullest extent permitted by law, Licensees agrees to and shall indemnify, defend and hold harmless the Licensor, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney' s fees, damages or other relief arising out of, resulting from or through or in any way related to the tables and chairs to be located on Licensor' s property and/or in any way related to this agreement. In the event of any action against the Licensor, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the Licensor' s choosing. The provisions of this paragraph shall survive the termination of this agreement. 4 Additionally, Licensee shall insure that any damage done to the Licensor' s property whether allegedly caused by Licensee or not shall be repaired immediately by Licensee at Licensee' s sole expense. Licensee further agrees that should Licensor be required to repair said damage, Licensee agrees to pay the cost of repair as well as all costs and reasonable attorney' s fees incurred by Licensor to properly repair said damage. 10 . Licensee shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1, 000, 000 aggregate for bodily injury and $1, 000, 000 aggregate for property damage. Licensee shall deliver to the Licensor a Certificate of Insurance naming the Licensor as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the Licensor. The Certificate of Insurance, which shall include contractual obligations assumed by the Licensor under paragraph 9 hereof shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the 5 Licensor. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the Licensor. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1, 000, 000 per occurrence subject to a $1, 000, 000 aggregate. 11. This license is personal to Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. 12 . Licensee agrees that should any action, whether real or asserted, at law or in equity, arise out of the terms of this agreement, or by Licensee' s operations on the premises, venue for said action shall lie in the Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois. 13 . In any action brought by Licensor for the enforcement of the obligations of Licensee and Licensor is the prevailing party in such action, Licensor shall also be entitled to recover interest and reasonable attorney' s fees. 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN Akina' s Resturaut / (::-- BY ii� i , : BY rd Ed Schock, Mayor Phetsouvanh Ko ong Attest: /k-- 41$1,-- Dolonna Mecum, City Clerk This document prepared by: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120 7 ALAN J. COULSON, P.C. - � x�Z , 6 , PROFESSIONAL LAND SURVEYORS OF PROPERTY DESCRIBED AS: Pig 4 Seeweet PARCEL ONE: An •undivided one-half interest in and to the Easterly 20.85 feet measured along the North line of that part of Lots 6 and 7 in Block 15 of the Original Town of Elgin on the East side of Fox River, described as follows : Commencing at the Southwest corner of said Lot 6 ; thence Northwesterly along the Westerly line of said lot 59 . 59' feet for a point of beginning; thence Northeasterly along a line forming an angle of 89 degrees 45 minutes 36 seconds, measured from Southeast to Northeast from the Westerly line of said Lot 6, a distance of 111 . 55 feet to a line 35.15 feet West of and parallel with the East line of Lot 7 ; thence North along said parallel line 22.34 feet to the North line of Lot 7 ; thence West along the North line of Lots 7 and 6 to the Northwest corner of Lot 6; thence Southeasterly along the Westerly line of Lot 6 to the point of beginning, in the City of Elgin, Kane County, Illinois . ' PARCEL TWO: That part of Lots 6 and 7 in Block 15 of the Original Town of Elgin, on the East side of Fox River, described as follows : Commencing at the Southwest corner of said Lot 6; thence Northwesterly along the Westerly line-of said lot 59. 59 feet for a point of beginning; thence Northeasterly along a line forming an angle of 89 degrees 45 minutes 36 seconds, measured from Southeast to Northeast from the Westerly line of said Lot 6, a distance of 111 . 58 feet to a line 35 .15 feet West of and parallel with the East line of Lot 7; thence North along said parallel line 22.34 feet to the North line of Lot 7 ; thence West along the North line of Lots 7 and 6 to the Northwest corner of Lot 6 ; thence Southeasterly along the Westerly line of Lot 6 to the point of beginning (except the Easterly 20. 85 feet measured along the North line) , in the City of Elgin, Kane County, Illinois. . , 1 tiLAV v v• ;t' ` J"�d y.o� 0'�o,L, .tY --■ti � 12q Z f3�U •- , X40 3�'r \ i /5 e•- 3 '-2.� rims, i; N" \ i ' " ';�• -2i 7. I --- L a 1 i . l►' N \ M U L-1 1 - '7----r.:---)2_-/ t • • • THE BURRITT BUILDING 25 GROVE AVENUE ELGIN, IL 60120 • I�l EAST SIDE CAFE II II N Gs 8 d C AVAILABLE . II 4��I��jI CD II ❑ ❑ ❑ ■ ›- 400, I(:• II ■ ■ I `� ❑■ • �, 1°�'■ ❑ I ❑ />� -1111111111111- FIRST FLOOR PJINCOR SGALE: NTS NORTH Construction & Development tiG DECEMBER I, 2000 SCALE: NTS