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Home My WebLink About01-0501 David Pool 1 • 'D0.vi A Poo\ • CONCESSION AGREEMENT THIS AGREEMENT is hereby made and entered into this /4 day of , 2001, by and between the City of Elgin, Illinois, a wunicipal corporation (hereinafter referred to as "City") and PDA it ri (hereinafter referred to as "Concessionaire") . WHEREAS, City owns, operates and maintains an entertainment facility commonly known as the Hemmens Cultural Center (hereinafter referred to as "Hemmens") ; and WHEREAS, City has determined it to be in its best interests to engage the services of Concessionaire to act as a concessionaire for events at Hemmens; 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. Concessionaire shall have the exclusive right during the term of this agreement to sell alcoholic beverages at Hemmens. For purposes of this agreement such exclusive rights shall extend to the Hemmens building structure to the outer North and South concrete walls. 2. Concessionaire shall dispense and serve only from such locations and from such equipment as shall be authorized by the Hemmens director in writing prior to each event. 3. Concessionaire shall have the exclusive right to sell soft drinks at Hemmens during all events conducted pursuant to a lease agreement between City and a third party at which alcoholic beverages are sold. 4. The parties hereto shall make a good faith effort to negotiate sale rights of soda and soft drink sales at events which are not conducted pursuant to such a lease agreement and otherwise include the sale of alcoholic beverages.-- City shall not be obligated to provide exclusive soft drink and soda rights to Concessionaire for such events, however. 5. City shall provide Concessionaire with a minimum of seven (7) days verbal or written notice of each date that Concessionaire' s service will be required. 6. City shall provide storage space. Location of storage space shall be at City's sole discretion. In the event Concessionaire stores any equipment on City's property, Concessionaire shall be solely liable for any and all damage or theft to Concessionaire's equipment. CITY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO ANY CONCESSIONAIRE EQUIPMENT, GOODS OR PERISHABLE ITEMS PURSUANT TO ANY BAILMENT OR OTHER BASIS OF LIABILITY. 7. City shall provide for andpay all costs for utilities and refuse disposal services which may be reasonably required by Concessionaire in the performance of its duties hereunder. • • 8. Concessionaire shall pay to City %, excluding sales tax, of all gross sales of all beverages. For City-sponsored events, Concessionaire shall pay to City ,26 % of all such gross sales. 9. Concessionaire shall keep and maintain records of all beverage sales served pursuant to this Agreement. All records shall be in a form satisfactory to the City and 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. 10. Concessionaire shall pay all monies provided herein to the City • within three (3) days after each event. All payments shall be accompanied by a signed written report of the gross receipts for that event. il. Concessionaire shall provide the equipment described in Exhibit A, which shall be used to provide the required services for this Agreement. The placement location of all equipment must be approved in writing by the Hemmens Director prior to its placement within the Hemmens Cultural Center. All equipment or changes to the equipment list attached hereto must be approved by the Hemmens Director in writing. 12 . Concessionaire shall provide beverages at the prices stated on the attached price Schedules B and C throughout the term of this Agreement. Changes in the type of beverage or price shall only be permitted upon written approval of the City. No beverages shall be served in glass bottles. 13 . Concessionaire shall keep and maintain all assigned locations in a clean, orderly and sanitary condition at all times and in strict accordance with all applicable laws, ordinances and regulations . 14 . Concessionaire shall provide sufficient personnel to serve beverages at all service areas subject to approval by the Hemmens Director and shall provide the names of all persons working at each event 24 hours prior to each event. Concessionaire, its employees, agents, partners or assigns shall not unreasonably disturb patrons and spectators or interfere - with a program or event in progress. Upon request of the Hemmens Director or designee, Concessionaire shall remove any employee, agents, partner or assign from the building and not allow that person to again serve without the written approval of the Hemmens Director. 15. Events which are not otherwise subject to this Agreement may be relocated to within the Hemmens Cultural Center, when, in the discretion of the Hemmens Director or his designee, exigent circumstances including but not limited to, inclement weather or other acts of God beyond City's control, make such relocation necessary. Such relocated events shall not create any. exclusive beverage sale rights to such event. 16 . When events are conducted pursuant to a lease agreement between City and a third party, Concessionaire shall enter and remain in the Hemmens Cultural Center only during those hours for which a Lessee has leased the building. 17 . Concessionaire shall not make any alterations in or additions -3- ,to Hethmens. Cultural Center without the written consent of the City. 18. Concessionaire shall not post any signs, other than price schedules, without the written consent of City. 19. 'Concessionaire shall comply with all federal, state and local laws and regulations, including but not limited to, the obtaining of any licenses or permits which may be required. 20. Concessionaire hereby waives and releases City from any and all liability for loss or damage to goods, merchandise or equipment of Concessionaire used or stored at any City owned property. • 21. Concessionaire shall furnish City with a liability insurance policy naming the City as an additional insured in the following amounts: Personal Injury - $1,000, 000 per person Property Damage - $1,000,000 per occurrence Concessionaire shall also provide City a policy of insurance commonly known as "dram shop" insurance, including City as an additional insured, covering the service of alcoholic beverages. Said policy shall be subject to approval by City. Such insurance policies as provided by this agreement shall apply as primary insurance with respect to any other insurance or self-insurance program afforded to or utilized by City. There shall be no endorsement or modification of such insurance to make it excess over other available insurance, and alternatively, if such insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to City. " 22. Concessionaire hereby agrees to hold harmless, indemnify and defend City, its officers, employees, agents, boards, commissions and assigns from and against any and all causes of action., claims for damages, suits, and any and all other liability of whatsoever nature, including but not limited to attorney's fees, arising out of or in connection with Concessionaire's negligent performance ofthis agreement. Nothing herein shall be construed so as to waive Concessionaire's duty to defend City. In the event of any action against City, its officers, agents, employees, boards, commissions or assigns covered by the aforementioned duty to indemnify., hold harmless and defend, such action shall be defended by counsel of City's choosing. " 23 . Concessionaire shall not assign, transfer or convey any interest in this Agreement without the written consent of the City. 24. Concessionaire shall not -hold itself out as an agent of the City. 25. This agreement shall commence on May 1, 2001 and terminate on April 30, 2002 . This agreement shall automatically renew for no more than five (5) one year periods, unless one party provides written notice at least six months in advance of the termination date that it does not wish to extend the agreement for another year. In the event of any breach of this agreement by Concessionaire, City may terminate this agreement upon -4- ,ten (10) days written notice without penalty to City. All notices directed to Concessionaire shall be considered effective when sent via U.S. mail to: n D }1 lout • l?" ma J I0ck C-f•• ►-6G o0123 All notices directed to City shall be considered effective when sent via U.S. mail to: Blythe Rainey-Cuyler Hemmens Cultural Center 150 Dexter Court. Elgin, Illinois 60120-5555 26. This agreement shall be subject to and governed by the laws of the State "of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 27. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 28. This agreement shall not be construed so as to create a joint venture, employment, partnership or agency relationship between the parties hereto. 29. This agreement is the sole and exclusive agreement between the parties hereto. There are no other agreements, either oral or written, which amend, modify or otherwise affect this agreement. This agreement shall not be amended or modified without the written consent of the parties hereto. - 30. Concessionaire shall pay to City the cost of any damage to City property or goods arising out of or in connection with Concessionaire' s negligent performance of this agreement upon 30 days written notice of the cost of such damage by City. CITY OF ELGIN CONCESSIONAIR Signature ', ++ By (�� Dau i4 m . Pay! "City Manager Printed Name Attest: Sole t rbfne-Fwr • Title -5- Exhibit A Hemmens Concession Equipment List Portable 5.5' Bars-2 Portable 8' Bars-1 Multi-Department Cash Registers-2 Portable Cash Register stands-2 Portable Beer Drafting Equipment-2 • Exhibit B Over-the-bar Hemmens Concession Price List ttem-Description-Size Mixed 9oz Rocks 9oz Courvoisier VS-French Cognac 4.50 6.00 Bailey's-Irish Cream Liqueur 4.50 6.00 DiSaronno-Italian Amaretto Liqueur 4.50 6.00 Frangelico-Hazelnut liqueur 4.50 6.00 Kahlua-Coffee Liqueur 4.50 6.00 Molinari-Sambuca Liqueur 4.50 6.00 #12-Greek Ouzo Liqueur 4.50 6.00 Glenfiddich-Single Malt Scotch Whiskey 4.50 6.00 Ketel One-Dutch Vodka 4.50 6.00 Stolichnaya-Russian Vodka 4.50 6.00 Beefeater-Imported Gin 4.50 6.00 J&B-Blended Scotch Whiskey 4.50 6.00 Malibu-Coconut Rum Liqueur 4.50 6.00 Canadian Club-Blended Canadian Whiskey 4.50 6.00 7 Crown-Blended American Whiskey 4.50 6.00 Maker's Mark-Straight Bourbon Whiskey 4.50 6.00 Bacardi-Puerto-Rican Light Rum 4.50 6.00 Christian Brothers-American Brandy 4.50 6.00 Smimoff-American Vodka 4.50 6.00 Jose Cuervo-Mexican Gold Tequila 4.50 6.00 Item-Description-Size 12oz 12oz Draft 1/2 Barrel Heineken-Dutch Pilsner Beer 4.50 N/A N/A Amstel-Dutch Light Beer 4.50 N/A N/A Corona-Mexican Lager Beer 4.50 - N/A N/A Sam Adams-American Micro-Brews 4.00 N/A N/A Leinenkugal-American Micro-Brews 4.00 N/A N/A Point American Micro-Brews 4.00 N/A N/A Michael Sheas-American Micro-Brews 4.00 N/A N/A G.W.Dundees-American Micro-Brews 4.00 N/A N/A Miller-American Pilsner Beer 3.50 3.00 $250.00 Miller Lite-American Light Pilsner Beer 3.50 3.00 $250.00 Sharps-American Non-Alcoholic Beer 3.50 N/A N/A Item-Description-Size Soz 750m1 Case Franzia-American Wines(Cab-Ch-Wh Zin) 4.00 N/A N/A Almaden-American Wines(Cab-Ch-Wh Zin) 4.00 N/A N/A Beringer-American Wines(White Zinfandel) N/A 16.00 176.00 Beringer-American Wines(Cab-Ch-Merlot) N/A 25.00 275.00 LeDomaine-American Sparkling(Champagne) 4.00 16.00 176.00 Tott's-American Sparlding(Champagne) 4.00 16.00 176.00 Korbel-American Spark ►g(Champagne) N/A 25.00 275.00 item-DescriptionSize 120Z Coca-Cola(Coke-Diet-Sprite)Soda 1.00 Canada Dry(Tonic-Soda-Ginger Ale)Soda 1.00 Lacroix-Flavored Sparkling Water(Lem-Lime) 2.00 Geyser-Spring Water-Still 1.00 Everfresh-Fruit Juice(Orange-Cranberry) 2.00 Snack Items-(M&M's-Beer Nuts-Candy-etc.) 1.00 • Exhibit C Private Reception - Hemmens Concession Price List Item-Description-Size Mixed 9oz Rocks 9oz Courvoisier VS-French Cognac 4.50 6.00 Baileys-Irish Cream Liqueur 4.50 6.00 DiSaronno-Itallan Amaretto Liqueur 4.50 6.00 Frangelco-Hazelnut Liqueur 4.50 6.00 Kahlua-Coffee Liqueur 4.50 6.00 Molinari-Sambuca Liqueur 4.50 6.00 #12-Greek Ouzo Liqueur 4.50 6.00 Glenfiddich-Single Malt Scotch WllLkey 4.50 6.00 Ketel One-Dutch Vodka 4.50 6.00 Stofichnaya-Russian Vodka 4.50 6.00 Beefeater-Imported Gin 4.50 6.00 J&B-Blended Scotch Whiskey 4.50 6.00 Malibu-Coconut Rum Liqueur 4.50 6.00 Canadian Club-Blended Canadian Whiskey 4.50 6.00 7 Crown-Blended American Whiskey 4.50 6.00 Maker's Mark-Straight Bourbon Whiskey 4.50 6.00 Bacardi-Puerto-Rican Light Rum 4.50 6.00 Christian Brothers-American Brandy 4.50 6.00 Smimoff-American Vodka 4.50 6.00 Jose Cuervo-Mexican Gold Tequila 4.50 6.00 Item-Description-Size 12oz 12oz Draft 1/2 Barrel Heineken-Dutch Pdsner Beer 4.50 N/A N/A Amstel-Dutch Light Beer 4.50 N/A N/A Corona-Mexican Lager Beer 4.50 N/A N/A Sam Adams-American Micro-Brews 4.00 N/A N/A Leinenkugal-American Micro-Brews . 4.00 N/A NIA Point-American Micro-Brews 4.00 N/A N/A Michael Sheas-American Micro-Brews 4.00 N/A N/A G.W.Dundees-American Micro-Brews 4.00 N/A N/A Miller-American Pdsner Beer 3.50 2.00 $250.00 Miller Lite-American Light Pdsner Beer 3.50 2.00 $250.00 Sharps-American Non-Alcoholic Beer 3.50 WA N/A Item-Description-Size 5oz 750m1 Case FranziaAmerican Wines(Cab-Ch-Wh Zin) 4.00 N/A N/A Almaden-American Wines(Cab-Ch-Wh Zin) 4.00 N/A N/A Beringer-American Wines(VVhite Zinfandel) N/A 16.00 176.00 Beringer-American Wines(Cab-Ch-Merlot) N/A 25.00 275.00 LeDomaine-Arrieiiwui Sparlctlng(Champagne) 4.00 16.00 176.00 Tott's-American Sparkling(Champagne) 4.00 16.00 176.00 . . Korbel-American Spa Champagne) N/A 25.00 275.00 Item-Description-Size 120Z Coca-Cola(Coke-Diet-Sprite)Soda 1.00 Canada Dry(Tonic-Soda-Ginger AIe)Soda 1.00 Lacroix-Flavored Spariding Water(Lem-Lime) 2.00 Geyser-Spring Water-Still 1.00 Everfresh-Fruit Juice(Orange-Cranberry) 2.00 Snack Items-(M&M's-Beer Nuts-Candy-etc.) 1.00