HomeMy WebLinkAbout00-199 (2) 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
LICENSE AGREEMENTcgle a
THIS LICENSE AGREEMENT made and entered into this A c NC) day
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,
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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
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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.
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•
Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage
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.
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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
DuPage Court. Licensee shall pay all costs and expenses of this recording.
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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
ty M ager
Attest:
P\k-r2--e .i.-►--
City Clerk
HUGEE ENTERPRISES,
, INC.
6
Julia H gee- edersen
Sole Shareholder
ZIMMERMAN,SMITH&KOSTELNY
Attorneys at Law
162 E.Chicago Street
Elgin,IL 60120
(847)931-5060
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FOX RIVER WATER RECLAMATION DISTRICT
INSTALLATION REQUIREMENTS
FOR OUTSIDE_ GREASE SEPARATOR OR INSPECTION SAMPLING MANHOLES
1. The proposed improvements shall be constructed according to
the ordinances and requirements of the " tate Standard
Specifications for Water and Sewer Main Construction in
Illinois-"„ current edition, and of the Fox River Water
Rprlamaticsn District (FRWRD) .
2 . The contractor shall notify the FRWRD 48 hours prior to start
of the construction to arrange for appropriate construction
inspection.
3. The FRWRD shall have the authority to inspect, approve, and
reject the construction improvements.
4 . The Contractor(s) shall indemnify the FRWRD apd their agents
from all liability involved with the construction,
installation and inspection of this work on this project.
5. The proposed improvements must be constructed in accordance
with the engineering plans as approved by the FRWRD.
6. Sanitary manhole frames shall be Neenah R-1772 with Type B
self-sealing rubber gasket cover with concealed pick holes or
equal with the word "SANITARY" cast in the cover.
7. The exterior of the proposed concrete manholes and structures
(grease separators) shall be waterproofed with a bitumastic
material as per FRWRD Ordinance No. 323 Article 4, Section 16.
8. All joints between precast elements, adjusting rings, and
manhole frames on all underground structures, shall be set in
place with one of the following butyl rubber joint sealants:
Concrete Projects Supply Co.- EZ STIK 8
Hamilton-Kent Gasket Co. - Kent seal
or equal, as approved by the District Engineer, and all joints
between precast elements on all underground structures shall
be tuckpni nted with hydraii l i c cement or mortar with a brush
finish. All joints between adjusting rings; and manhole
frames t.,^kp^int ed with hydrant i n cement or mortar will not be
accepted by the FRWRD.
9. Sanitary sewer manholes with internal drops two feet or less
shall have a precast concrete trough built in the structure to
obtain a smooth flow transition from the upstream pipe invert
to the downstream pipe invert.
10 . The Contractor shall take measures to prevent any unpolluted
water such as ground and surface water from entering the
exigting *anitary sewers .
11. All manholes and structures (grease separators) shall be
cleaned of any accumulation of silt, debris, or foreign matter
of any kind, and shall be free from such accumulations at the
time of final inspection. All manholes and structures (grease
separators) shall be inspected by the FRWRD prior to
INSPECTION SAMPLING MANHOLE PIPE TO MANHOLE CONNECTOR
isting Manhole
h e d iG r ad a NFrame .* Cover • Internal lxponding•.
See Noe — 6 Stokd s Steel Bond Core Drill Conc. Wall Per
ProposedSaalt Manufacturer's Recommendation
aped Mastic--.-ram (siza as Shown an Plans) �. ••1' Max.
�---Precask Conc. Adjustment
ren Rings & Rings -, (2 Rings • ,.,�
Casting • For A Total Of �8")
» i - •• Provide Concrete
iott —8 24 D, Precast Reinf. Eccentric Bench do Ftorline
"''---" Cone Section Watertight Roble Rubber ..; Fl tein Smooth
ow
IMMIENNINP
Connector Conforming to ;• :::•`• .:.'••.•
ff
a1.S.TM. C-443 &C—a23
With Stainless Steel Band
3$: Max, . Fire—Gast Conc. .
SpQcin Min. Wall Thickness
1/10 Dia.
48" Dia.
/' or as Noted ""APPLY.Bitumastic .
/ — — Waterproofing to
cost Reinf. Exterior Surface
'lc. Barrel - Conc. Fillet
Lions —"'" Slope 0 1/4"/Ft.
ff
cost Reinf.
'.IC. Bose ts•...,.;.•,:•
, >t
:tion with ':'. .• - lII
•
. ral Bottom
Rubber Gasketed
1' Couplings for Sanitary
a i j j Manholes per ASTM C-92 Z
6" Aggregate Bedding
I N I E T---r-- Alternate direet/0g -Non-shrink
( FROM of leis m oxtftr/►vr 'MOWI[ Valr rrI,d
KITCHEN )C H E N ) . fir/ Darner Burrs.
f._....___........_...., . 0 .r4 lets eat 6:
lie lees,
0' 6" tom._-_— 3' 4• .,_& - 3. 4" - -0
Non-sh,rtnit
(Typ)
grout - .---
f . �. fi ,�. - r---
_ ,--- _, __, �.. _ OUTLET
__
(TIQ INSPECTION
1
MANHOLE)
1 ,-.......\\
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— 4. I tidamet. f
CADDITIONAL
23' A I Nov, 1I I A RQIRMfN
L----- 1 ' � I
-- _J
1. Mlfninun liquid
_ -. . L -r- -.,� J. holding capacity:
r 1.000 gallons.
2. Minirtun 28-day
concrete strength:
r .o"i gaff 4.
41/ i rev � � 4 � �e �'e�eas rn �oc� ,��1,
pP i'• - - 3, hdininun rerbar
Gast /ry or slob fTyp.1 cover:
Schedule 40 PVC: -v" dn°ut 2 inches.
,r�tmlaue &stele,: 4' ?IV
FOX RIVER "'A TER RECLAIM T/ON DISTRICT
GREASE SEPARATOR - PLAN VIEW
DATE: June. 1995 SCALE: I/2' . E SHEET NO. I of Z
OUTLET ,.
,M,�nhode castip s• �� Ears !' 10" -�' I. .�
Neenah -err (TO 1NSPECT10N t. .
al 6' *PI, I (-rya)
eye or equal �' MANHOLE)
INLET _. _ _ Concrete eldlusttn,�
111= �`� ._1=' ''-,Fil nin ►s Ors` require.
KITCHEN)
Sealant l' ...................... , , -,, ,..-4
' ;
n'es t�'ei'• 113 I� VYon*shr0" i tool ink ;�:
or equal. -- �. . , • il -- �c• -----:- = �3_ r- , +4f2'z'
rT.Yp I20" /T
▪r
...,.: _j..• 5' 10"
•, , �..
4r 9' ..0 r '"Il' -• - I0 : ,, 4' 6-
.1,P. :1 i , b.,
,• 10" • All piping..• r 1
.
2 a 1 f II Cast ir4 or 1
t : ► i ' , 0' 6' $'ph. 49 PVC
Non—shrink. ' ' 1 • ' .•. • • 1 • • .
►rout " O. -4" 0. 6-
— t 8 0"
6' sand bedding - �q gars RIVER Ilr,4 TER RECL AMA T✓ON DISTRICT
at 6" spacing GREASE SEPARATOR - SECTION A
DATE: June,, 1995 SCALE: 1/2• ■ 1' SHEET NO. 2 of 2