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HomeMy WebLinkAbout18-56 Resolution No. 18-56 RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT WITH COOK'S ICE CREAM, LLC FOR THE OPERATION OF A SEASONAL ICE CREAM TRUCK AND CONCESSION STAND AT FESTIVAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an License Agreement on behalf of the City of Elgin with Cook's Ice Cream, LLC for the operation of a seasonal ice cream truck and concession stand at Festival Park, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 9, 2018 Adopted: May 9, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk LICENSE AGREEMENT THIS AGREEMENT is hereby made and entered into this_ 9 day of May , 2018, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and Cook's Ice Cream, LLC, an Illinois limited liability company(hereinafter referred to as the "Licensee"). WHEREAS, the City owns, operates and maintains a public park and open space commonly known as Festival Park, located at 132 South Grove Avenue, Elgin, Illinois; and WHEREAS, the Licensee has proposed to conduct an enterprise adjacent to Festival Park whereby the Licensee would be permitted to operate a seasonal ice cream truck and concession stand business for the sale of ice cream, beverages, and prepackaged convenience food items to the public from a motor vehicle to be parked in designated parking spaces on the southwest side of Prairie Street at the north side of Festival Park, as further described herein (hereinafter referred to as the"Subject Services"); and WHEREAS, the City has determined that the Subject Services will attract additional interest in Festival Park, and the downtown area, assist in promoting further redevelopment in the City, and provide additional amenities to the public; and WHEREAS,the City is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS,as a home rule unit the City may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, permitting the Subject Services adjacent to Festival Park and promoting further interest in the redevelopment of the City's downtown area pertains to the government and affairs of the City; and WHEREAS, City has determined it to be in its best interests to permit Licensee to offer for sale the Subject Services, in accordance with and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Grant of License. The City hereby grants to Licensee a temporary and non-exclusive personal privilege and permission to enter upon Festival Park for the following purposes, and for no other purposes (hereinafter referred to as the"License"): A. Operation of a seasonal ice cream truck and concession stand business for the sale of ice cream,beverages, and prepackaged convenience food items. The area from which Licensee shall be permitted to offer the Subject Services shall be limited to that area of Prairie Street depicted on Exhibit A, which is attached hereto and incorporated into this Agreement by this reference (hereinafter referred to as the "Subject Property"). The Licensee's provision of the Subject Services shall be subject to the terms, conditions and limitations of this Agreement, including but not limited to the limitations set forth in paragraph 7,herein. The License herein granted shall be subject to all existing utility easements, if any, located within Festival Park and Prairie Street, or any other easements,conditions, covenants or restrictions of record. 3. Term. This Agreement and the License granted to Licensee hereunder shall commence as of the date of this Agreement and shall continue until December 31, 2018, or until otherwise terminated in accordance with the terms of this Agreement. Licensee shall have the option to request the extension of the term of this Agreement for up to three additional one-year terms,from January 1 through December 31 of subsequent calendar years, subject however to the written approval and confirmation of such a one-year extension by the city manager of the City, in his or her sole discretion. To request approval of such option for a subsequent calendar year,Licensee must provide written notice thereof to the City prior to December 1 of the preceding calendar year. 4. Consideration. The consideration to be paid by Licensee to the City for the privilege granted by this Agreement shall be Ten Dollars ($10.00), the receipt of which is hereby acknowledged by the City. 5. No Interest in Land. Licensee understands, acknowledges and agrees that this Agreement does not create an interest or estate in Licensee's favor in Festival Park, Prairie Street, or the Subject Property. The City retains legal possession of the full boundaries of its property and this Agreement merely grants to Licensee the personal privilege to use the Subject Property described above throughout the term of this Agreement. 6. No Vested Right. Notwithstanding any expenditure of money, time and/or labor by Licensee, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of Licensee. Licensee shall expend any time, money or labor at Licensee's own risk and peril. 7. Limited Scope of LicerLse. The License granted to Licensee is limited in scope to providing the Subject Services from the Subject Property, and only in accordance with the terms and conditions of this Agreement and the exhibits hereto. Licensee shall not have the right to expand the Subject Property or to alter or change the Subject Services without the City's prior written consent. Licensee's operation of its ice cream truck and concession stand business shall be conducted pursuant to and in accordance with the following terms, conditions and limitations: 2 A. The products that Licensee is permitted to sell shall be limited to ice cream, beverages, and pre-packaged convenience food items. B. Licensee shall be permitted to park a small motor vehicle (the "ice cream truck," herein) on Prairie Street, in the area depicted in Exhibit A,to be utilized as the site of the Subject Services. Such ice cream truck shall be removed at the end of each day. The business shall only be conducted from the area depicted in Exhibit A. C. The permitted hours of operation for the Subject Services shall be from 9:00 a.m. to sunset, seven(7) days a week. D. The Licensee shall be permitted to conduct the Subject Services only from May 1 to November 30 of a calendar year. E. Licensee shall be permitted to erect or display one temporary A-frame sign relating to the Subject Services,in addition to any permitted signage affixed to the ice cream truck,to be located in the area depicted in Exhibit A. The temporary A-frame sign must be removed at the end of the day. F. Licensee and its employees shall not unreasonably disturb members of the public utilizing Festival Park or interfere with any program or event that has been scheduled or is being conducted in Festival Park. If the City determines that the provision of the Subject Services is interfering, or will interfere, with an approved program or event at Festival Park,the City shall have the right, in its sole discretion and without any liability to the Licensee whatsoever, to order that the Licensee cease to provide the Subject Services for such time period as the City determines the Subject Services will interfere with the program or event. G. Licensee shall be required to comply with all requirements of Chapter 6.45 of the Elgin Municipal Code, as amended, including but not limited to any regulations pertaining to the operation of ice cream trucks within the City;provided,however, that the parking time restriction set forth in Section 6.45.170 of the Elgin Municipal Code shall not apply to the provision of the Subject Services. 8. Non-Transferability of License. The License granted to Licensee by this Agreement is a mere personal privilege granted by the City to Licensee, and is neither transferable nor assignable by Licensee without the City's prior written consent. 9. Termination. This Agreement and the License herein granted to Licensee may be terminated by either party for any reason or no reason upon giving ten (10) days written notice to the Licensee. In addition,this Agreement may be immediately terminated by the City upon a breach of any term or condition of this Agreement. In the event of termination of this Agreement for any reason whatsoever, Licensee shall not be entitled to any compensation or reimbursement for any costs or expenses incurred 3 in any way relating to this Agreement or arising from the Licensee's provision of the Subject Services,nor any monetary damages of any kind whatsoever. 10. Alterations or Additions. No permanent fixtures shall be permitted at Festival Park, Prairies Street, or on the Subject Property. Licensee shall not make any alterations in or additions to Festival Park, Prairie Street, or the Subject Property without the written consent of the City. All equipment, supplies, materials or appurtenances relating to the provision of the Subject Services shall be removed from the Subject Property at the end of each business day. Any other provision of this Agreement to the contrary notwithstanding, Licensee shall immediately remove, at its sole cost and expense, any such equipment, supplies, materials or appurtenances in the event that the City determines that any such encroachments interfere with pedestrian or vehicular traffic,public utilities,or constitute a safety hazard, or in the event that the City determines that such removal is necessary or convenient for the installation, repair or replacement of any utilities or other public improvements in Festival Park,Prairie Street, or the Subject Property. If the Licensee fails to exercise its duties under this paragraph, the City shall have the right to remove such equipment, supplies,materials or appurtenances,the full and complete cost of which shall be borne by Licensee. Licensee covenants and agrees to reimburse the City its full cost and expense for any such removal. 11. Insurance. A. Comprehensive Liability. 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 per occurrence limit for bodily injury and$1,000,000 per occurrence limit for property damage. Licensee shall name the City as co-insured or as an additional insured and shall furnish the City with duplicate policies or Certificates of Insurance evidencing insurance in force as required. Evidence of payment of premiums shall also be delivered to the City. Such policy or policies shall provide that the coverage afforded thereunder shall not be canceled,terminated or materially changed without thirty(30)days prior written notice to the City. The Certificate of Insurance shall include, but not be limited to, coverage for contractual obligation assumed by the Licensee under paragraph 14 entitled "Indemnification"herein. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. 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 prorated, it shall be endorsed to be primary with respect to the City. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to persons or property. C. Combined Single Limit Policy. 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. 4 D. Worker's Compensation. The Licensee shall also provide,pay for and maintain in effect during the term of this Agreement worker's compensation insurance in amounts required under the laws of the State of Illinois. E. Evidence of payment of all insurance premiums for the insurance required under this Agreement shall be delivered to the City prior to the commencement of Licensee's operations under this Agreement. 12. Maintenance. Licensee agrees that the Subject Property shall be 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, during Licensee's use of the Subject Property. 13. Licenses and Permits. Licensee shall adhere to and comply with all ordinances,laws,rules and regulations that may pertain to or apply to the Subject Property and the Licensee's provision of the Subject Services, including but not limited to any regulations pertaining to ice cream trucks under Chapter 6.45 of the Elgin Municipal Code,as amended. Licensee agrees and warrants that it has procured or shall procure any licenses, permits or like permission required by law,if any,to conduct or engage in the use of the Subject Property for the Subject Services described herein,that Licensee will procure all additional licenses, permits or like permission hereinafter required by law during the term of this Agreement, and that Licensee will keep the same in full force and effect during the term of this Agreement. Licensee shall perform under this Agreement in accordance with all applicable legal requirements. This requirement specifically includes, without limitation, the procurement of any licenses and permits required pursuant to the applicable regulations of chapter 9.08 of the Elgin Municipal Code, as amended, relating to food dealers as therein defined. 14. Indemnification. To the fullest extent permitted by law, Licensee agrees to indemnify, defend and save the City,its officers,agents,servants,employees,boards and commissions harmless from and against: a. Damage to Licensee's Property. Any and all claims, loss or damage (including reasonable attorney's fees) to the Licensee's equipment, supplies, materials or appurtenances 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, by any cause whatsoever. b. Damage to Others. Any and all claims, suits,judgments, costs, attorney's fees, loss, liability, damage or other relief, including but not limited to workers' compensation claims, to any person or property in any way resulting from or arising out of the existence or performance of this Agreement and/or the Licensee's provision of the Subject Services on the Subject Property. In the event of any action against the City, its officers, agents, servants, employees, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 5 The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 15. Damage to City Property. Licensee shall pay to City the cost of any damage to City property or goods arising out of or in connection with Licensee's negligent performance of this agreement upon thirty(30)days written notice of the cost of such damage by City. 16. Condition of Property. In connection with the Subject Services to be performed, the Licensee warrants and agrees to maintain all facilities and equipment used in the performing of the Subject Services in a clean, sanitary and safe condition and free from defects of every kind whatsoever. The Licensee agrees and warrants that the Licensee will periodically inspect all of such facilities and equipment for such purposes. The Licensee also warrants that the Licensee and the facilities and equipment used in the performing of the Subject Services are not now,nor shall be during the term of this agreement in violation of any health,building, fire or zoning code or regulation or other applicable requirements of law. In connection with the Subject Services on properties owned or controlled by the City, the Licensee agrees and warrants to use, and to cause persons participating in the Subject Services to use,through proper supervision and control,all facilities with due care, and to report all defects in or damage to any such facilities,and the cause thereof,if known, immediately to the City. 17. Breach and Limitation on Damages. If Licensee violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the City shall have the right to seek such administrative, contractual or legal remedies as may be suitable for such violation or breach; and, in addition, the City may terminate this Agreement. If the City violates or breaches any material term of this Agreement, such violation or breach shall be deemed to constitute a default and, in the event the City fails to within fifteen (15) days after notice thereof by Licensee comply with the conditions of this Agreement, Licensee as its sole and exclusive remedy may terminate this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall the City be liable to Licensee for monetary damages of any kind relating to or arising from any breach of this Agreement, and no action of any kind shall be commenced by Licensee,any related persons or entities, and/or any of its successors or assigns, against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of Licensee related to or arising from this Agreement and the City is the prevailing party in such action, the City shall be entitled to recover from Licensee reasonable interest and attorney's fees. The provisions of this section shall survive any expiration,completion and/or termination of this Agreement. 18. It agreed and understood by the parties hereto that this Agreement is not intended nor shall be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or District and/or their officials,officers,employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, et seq., as amended, the Recreational Use of Land and Water Areas Act, 745 ILCS 65/1, et seq., and/or otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts,as amended,and/or as otherwise provided by law shall 6 fully apply to any claims asserted or which might be asserted against the City and/or its officials, officers, employees and/or agents as a result of this Agreement or any actions of the parties pursuant to this Agreement. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this Agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or its officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this Agreement. The provisions of this section shall survive any expiration and/or termination of this Agreement. 19. Audit. Licensee shall keep and maintain records of all sales relating to its provision of the Subject Services pursuant to this Agreement. All records shall be in a form in accordance with good accounting practice. The aforementioned records shall be made available upon request to the City or its duly authorized representatives for inspection,copying or auditing purposes upon reasonable notice. In addition, not later than the fifteenth day of each calendar month, Licensee shall furnish to the City a written statement setting forth Licensee's profit and loss from the Subject Services for the preceding calendar month, including all of the gross revenues, cost of goods sold, labor expenses, and operating expenses. An officer of Licensee shall certify Licensee's report. 20. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: To the City: To the Licensee: City Manager Jennifer Cook City of Elgin 117 South Grove 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120-5555 With a copy to: With a copy to Corporation Counsel Jan- llington I Q W y V a4 City of Elgin 1250 . - • venue, Suite 220 AAAA . `-i. nt 150 Dexter Court : n, IL 60 ' Elgin, IL 60120-5555 Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been given on the third business day following mailing. Notices personally delivered shall be deemed to have been given upon delivery. 21. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. Licensee shall not hold itself out as an agent of the City. 7 22. No Personal Liability. No official, director, officer,agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 23. Joint and Collective Work Product. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and Licensee, and as such, this Agreement shall not be construed against any other party as the otherwise purported drafter of the same by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 24. Severability. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable, for any reason,the remainder of this Agreement shall remain in full force and effect. 25. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this License agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 26. References in Agreement. All references in this Agreement to the singular shall include the plural where applicable, and all reference to the masculine shall include the feminine and vice versa. If either reference shall be declared invalid, such decision shall not affect the validity of any remaining portion that shall remain in full force and effect. 27. Multiple Counterparts. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 28. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 29. Binding Agreement on Parties. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. 30. Assignment. This Agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto. The License granted herein is personal to Licensee. Any attempt to assign this License will automatically terminate the license privileges granted to Licensee hereunder. 31. Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding between the parties and supersede any prior agreement or understanding relating to the subject matter of this Agreement. 32. Modification. This Agreement may be changed, modified or amended only by a duly- 8 authorized written instrument executed by the parties hereto. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly-authorized and executed amendment hereof. 33. Compliance with Laws. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement and providing the Subject Services that the Licensee shall comply with all applicable Federal, State, City and other requirements of law, including,but not limited to, any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. Without limiting the foregoing, the Licensee hereby certifies,represents and warrants to the City that all the Licensee's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. The Licensee shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of the Licensee to determine The Licensee's compliance with the provisions of this section. In the event the City proceeds with such an audit, the Licensee shall make available to the City the Licensee's relevant records at no cost to the City. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first above written. CITY OF ELGIN COOK'S ICE CREAM, LLC By: //�1�_ r ,ice By: ' ' 00 v , City Manager , I Its: D l/J Q Y A -s : Attest: AA( a.. By: City Clerk Its: F:\Legal Dept\Agreement\License Agr-Cook's Ice Cream-Festival Park 2018-clean-12-18.docx 9 EXHIBIT A Depiction of the Subject Property, to be inserted. 10 s. ,S 9 a_ ,,\ I , >`� i` ,:; 4. ti`s \>‘ ti,.�, 9 Q0'\ N / ice rte ' '/ 0. , 1 . 7/ 1ISIHX1 fi , ACORD e CERTIFICATE OF LIABILITY INSURANCE �"� ' 05/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Neu of such endorsement(s). PRODUCER CONTACT JACKIE WOJCIECHOWSKI _ SfateFarm STATE FARM INSURANCE PN �- 847-741-5733 — —_ i pow 847-741-5787 C_� JAY JANESE INSURANCE AGENCY JACKIE®JAYJANESEADOBES& .COM — _ 311 RANDALL RD — INSURER(S)AFFORDING COVERAGE .-—.— NAIC 0 SOUTH ELGIN,IL 60177 — — — PISUi�RA, State Farm Fir:and Casualty Company - _ 25143 INSURED INSURERS: _ - _---- COOK'S ICE CREAM INSURER c: — - —_ 117 S GROVE AVE INSURER D: _ ELGIN,1160120-6407 PISURERE: -_ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.MOTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. Wig -- POLICY ER: POLICY WO— .. TYPE OF INSURANCE Jriso IWO POLICY NUMBER MIINIXIMYY1 IMWDIVYYTYI LIMITS X:COMMERCIAL GENERAL UAWU Y EACH OCCURRENCE I,S 2.000.000 IIIIXGE 10 NEN= — CLAWS-MADE OCCUR PREMISES MR oc 0A0 ,$ 300 MED A Y 93-GO-G5-6-2 05/19/2017 05/19/2018 P ERSONALSS ADV INJURY $ _ GENT_AGGREGATE UNIT APPLIES PER' GENERAL AGGREGATE 1$ 4.000,000 .X POLICY! P t I Is-LT1,, (LOC PRODUCTS-COMP/OP AGG $ 4.000.000 1 OTHER _ $ AUTOMOBILE UAau.ITY Y E49 1008-A22-13 01/22/2018 07/22/2018 a�rBINEO MULE UMrr f tEa,,.n�iy4tS} --...ANY AUTO Bone/INJURY(Per WWII $ 250,000 A OWNED SCHEDULED I BODILY IN.I RtY(PIN acddenfl $ 500.000 AUTOS ONLY Xi AUTOS HIRED 1 NO$OV, ED PROPERTY DAMAGE '.$ 100,000 —_ AUTOS ONLY I AUTOS ONLY 1PIRICpQ .. i i- -- MORELLA UAB 'OCCUR EACH OCCURRENCE I$ EXCESS UAB I CWMS-RADE. I AGGREGATE 1 f_ DEDTI RETENTION$ I pp f AND EMPLOYERS'UABR.TTY STATUTE (ER ANY PROPRIEIORIPARTNEIEEAECUTWE Y i N ( E L EACH ACCIDENT I$ (MadatoryMSER E%CWOE04 n,NiA' EL.DISEASE-EA EMPLOYEE, i It yyesaa M NH) - . DESCRIPTION OF OPERATIONS Wow E.L.DISEASE-POLICY LIMIT 0 1 I DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,AddlIon Remade SdMduM,may IN attached I more span Is regWred) E49 1008-A22-13--08 FORD E450SD BUS;VIN:1 F04E45P680B56611 ADDITIONAL INSURED:CITY OF ELGIN,150 DEXTER CT,ELGIN,IL 60120 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 04 CITY OF ELGIN ACCORDANCE WITH THE POLICY PROVISIONS. 150 DEXTER CT / ELGIN,i160120 (AUTHORIZED AT;VE ,..... {f.l /�r //(,_ .� ©108r S - •!• ORPORATION. II ghts reserved. ACORD 25(2016/03) The ACORD name and logo are rod marks of ACORD 1001486 132540.12 03-16-2016 JA Policy No. 93 G0G546 2 3604-F850 P Page THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4860 ADDITIONAL INSURED— DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 93 G0G546 2 Named Insured: COOK'S ICE CREAM LLC Name And Address Of Additional Insured Person Or Organization: CITY OF ELGIN 150 DEXTER CT ELGIN IL 60120 5555 1. SECTION II —WHO IS AN INSURED of SECTION II — LIABILITY is amended to include, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: a. Premises And Ongoing Operations Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations;or b. Products-Completed Operations "Your work"performed for that additional insured and included in the "products-completed opera- tions hazard". 2. Any insurance provided to the additional insured shall only apply with respect to a claim made or a "suit"brought for damages for which you are provided coverage. 3. Primary Insurance. The insurance afforded the additional insured shall be primary insurance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage pro- vided by you. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. CMP-4860 1006243 137750.1 11-25-2013 Q.Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.