The URL can be used to link to this page

Home My WebLink About01-213 Recorded Resolution No. 01-213 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH STEVE HEDSTROM AND LOAN HEDSTROM FOR THE EASTSIDE CAFE (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 Steve Hedstrom and Loan Hedstrom for the development of an outdoor café at the Eastside Café 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: August 8, 2001 Adopted: August 8 , 2001 Omnibus Vote : Yeas : 4 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD KANE COUNTY, ►! L. 2002K031' 60' I 2 ?? f1 R -5 P11 2: 30 RECORDER MAP ATTACHED LICENSE AGREEMENT WITH STEVE HEDSTROM AND LOAN HEDSTROM FOR THE EASTSIDE CAFE (23 South Grove Avenue) After recording return to: Dolonna Mecum Elgin City Clerk4/4r-- 150 Dexter Court Elgin, IL 60120 20023316 17/1/ LICENSE AGREEMENT THIS AGREEMENT made and entered into this /0/W day of 4-UG, 2001 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 Steve and Loan Headstrom, (hereinafter referred to as "Licensees" ) . 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 café in conjunction with the Eastside Café, 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 . 2002MO3160 �. 2 . In consideration for this agreement, Licensees 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 Licensees of a breach of any term or condition of this agreement . 4 . Licensees 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 . Licensees 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, Licensees shall be required at their cost to perform such required maintenance . If Licensees fails to do so, then Licensor shall have the right to perform this maintenance, the cost of which shall be borne by Licensees . 2 2UU2K031601. 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 . Licensees 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, Licensees agrees to immediately remove the tables and chairs from the subject premises and to restore Licensor' s property to its original condition. If Licensees 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. Licensees covenants and agrees to reimburse Licensor for such removal and/or restoration. 3 2002KO3I6.0I' . 7 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 Licensees, 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 Licensees 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 . Additionally, Licensees shall insure that any damage done to the Licensor' s property whether allegedly caused by Licensees or not shall be repaired immediately by Licensee at Licensee' s sole expense . 4 2002K03160I- Licensees further agrees that should Licensor be required to repair said damage, Licensees 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 . Licensees 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. Licensees 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 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. 5 601 2002K031 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 Licensees . It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. 12 . Licensees 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 Licensees and Licensor is the prevailing party in such action, Licensor shall also be entitled to recover interest and reasonable attorney' s fees . 14 . Licensees agrees to provide for recordation of this agreement at his own expense and to provide proof of such recordations to Licensor. 6 2002K034001 IN WITNESS WHEREOF, the parties hereto have executed this • agreement on the date and year first written above . CITY OF ELGIN Eastside Cafe By - -'/ Ed Schock, Mayor Steve •�ot- T ga Loan -�/J�.cT', HEDJ( 2-V Attest : 14614.-4_ Ac..12...C.4.44,..— Dolonna Mecum, City Clerk This document prepared by: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 • 7 • 2002K03100I' • THE BURRITT BUILDING • 25 GROVE AVENUE ELGIN, IL 60120 • • • • EAST SIDE CAFE • 8 • II AVAILABLE II � • 211.A N.NNN • • unii.-n.1 '' Ul • FIRST FLOORel) PANCOR SCALE: NTS NORTH Construction & Development ti4 DECEMBER I, 2000 SCALE: NTS • 0 GROVE AVENUE OFFICE BUILDING P anC or Construction & Development, Elgin, Illinois . E); 4 ,4 i2 . . . RIO 0- frtini o t �: s Xpei .: 1°- t sp 'tide_ ay. -----Iff0 _ ii . - , _ i . L:11 1 I4f 1 , '`' ,� k L; 2 ' < t 1; EXISTING SHOP ` # j��i r .i viI. t DCS~ ; . c:, ciA v e A I & ii CA) .,�.= PROP05 i L065 11 • O p NORTH SCALE= FIRST FLOOR PLAN (1) o• 2002KQ WOLD ARCHITECTS AND ENGIN