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Home My WebLink About02-191 Resolution No. 02-191 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH FRED AND JUDY INC. FOR AN OUTDOOR CAFE AT 13 DOUGLAS 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 Fred and Judy Inc . for an outdoor café in conjunction with Café Magdalena at 13 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: May 22 , 2002 Adopted: May 22 , 2002 Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk LICENSE AGREEMENT THIS AGREEMENT made and entered into this 3DTEt'day of May 2002 , by and between the CITY OF ELGIN, an Illinois municipal corporation, organized and existing under the laws of the State of Illinois (herein after referred to as "Licensor" ) and Fred and Judy Inc . , an Illinois Corporation, doing business as Café Magdalena of Elgin, (hereinafter referred to as "Licensees" ) . WITNESSETH WHEREAS, Licensees is the tenant of certain property commonly known as 13 Douglas 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 sidewalk which is a portion of the public right of way owned by Licensor known as Douglas Avenue and which is adjacent to the above-described property of Licensees for the purpose of developing an outdoor café in conjunction with Café Magdalena, located at 13 Douglas 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 public sidewalk in the public right of way known as the Douglas Avenue right-of-way owned by Licensor and depicted on Exhibit B consisting of one pages attached hereto and made a part hereof . 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. The tables and chairs shall be located and utilized so as not to obstruct pedestrian traffic on the public sidewalk. 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 . 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 licences, 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. 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, judgements, 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 . 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 modifications 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. l _ 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 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above . CITY OF ELGIN Fred and Judy Inc . By �� '�� ''' I t 1Ed Schock, Mayor Jufvii teffen Frederick S fe Attest : ,N4-14.4^-& Dolonna Mecum, City Clerk This document prepared by: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 fi PARCEL ONE: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE SOUTH LINE OF SAID LOT 3 ; THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 3, 4 AND 5 TO THE POINT OF BEGINNING IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF LOTS 3 , 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET FOR THE POINT OF BEGINNING; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 21 . 5 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO A LINE DRAWN PARALLEL WITH THE SOUTHERLY LINE OF SAID LOTS 5, 4 AND 3 FROM THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 15 DOUGLAS AVENUE) . t �X4r, 4/ 6 -- // • /5 I7 o:CC) • _ ,DOUGL4 v7(1 AVE / UL • q.Z xixt....) • . -CIZ')%- . , - '' i7(---2:7 .-'sA.._._ .. )-1. . i• --- i i OD • .1t° Ctiele0)( Ilit f 20. c./ Pr - ' 1 C. ;.. 5 / / / �j ' y J / y to zzx N ; , ' \ - \ i ,j f - / ,r x-IiiI i - • e,, 22_$ p. , M - Y a Y . 1 F �J - - b ves i P A 4 A r 1 re I- ' 1 - 1 J t - ,, r�. , 44, , , : i-` ';`, YT :. _ "y '"".fro .•. , f + p Ti,i t f W I .f5I f • -. } P b i f ./ <. i'41 Westfield Com nies BUSINESSOWNERS 41 One Park Circle PO Box 5001 POLICY ... 11 Westfield Center OH 44251-5001 RENEWAL DECLARATIONS COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY ITEM *1 NAMED INSURED & MAILING ADDRESS Lundstrom to FREDERICK J STEFFEN SEE SCHEDULE NAMED INSURED INSURANCE 17 DOUGLAS AVE ELGIN IL 60120 645ibllgate Road,FAQ Box 388,Elgin,Illinois 60121 Phone 847.741.1000 Fax 847.741.1715 Policy Number: BOP 3 099 681 WIC ACCOUNT NUMBER: 1200432971 A Policy From 07/02/01 at 12:01 A.M. Standard Time at your Period To 07/02/02 mailing address shown above. Business: REST./OFF./DWELLING Named Insured is: INDIVIDUAL In return for the payment of the premium, and subject to all terms of this policy, we agree with you to provide the insurance as stated in this policy. SCHEDULE OF DESCRIBED PREMISES Loc. Bldg. 01 01 11-15 DOUGLAS AVE ELGIN IL 60120 PROPERTY COVERAGES Loc. Bldg. LIMITS of INSURANCE I 01 01 Building $699,500 01 01 Business Personal Property $20,000 Building Limit - Automatic Increase: 2% LIABILITY AND MEDICAL PAYMENTS LIMITS of INSURANCE Liability And Medical Expenses $1,000,000 Medical Expenses ($5,000 Each Person) Fire Legal Liability (Any One Fire or Explosion) $500,000 Except for Fire Legal Liability, each paid claim for the above coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to Paragraph D.4. of the Businessowners Liability Coverage Form. OPTIONAL COVERAGES Loc. Bldg. LIMITS of INSURANCE 01 01 Money & Securities - Inside Premises $5,000 01 01 Money & Securities - Outside Premises $2,500 Only the coverages listed above are afforded Deductible is $1,000 Optional Coverage/Exterior Building Glass Deductible is $250 Mortgage Holder Loc. Bldg. 01 01 HOME FEDERAL SAVINGS AND LOAN ASSOC 16 N SPRING STREET ELGIN IL 60120 Forms and Endorsements ID7007 08/93 BPW7000 01/97 ALC2000 01/87 IL0003 04/98 BP0154 03/99 IL0284 05/90 BP0009 01/97 BP0002 12/99 BPW0124 01/97 BPW0127 10/93 BP0006 01/97 BP0412 01/87 BP0417 01/96 BPW0150 01/97 BPW0151 01/97 BPW0158 07/97 BPW132 01/90* COUNTERSIGNED: Date O/ Policy Annual Premium $2,618.00 • By ` /'�r. `Q (authorized represen a ive) Total Annual Premium $2,618.00 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE NAMED INSURED This endorsement modifies insurance provided under the following: FREDERICK J STEFFEN & DORIS J STEFFEN CO-TRUSTEES OF 11-17 DOUGLAS AVENUE LAND TRUST DATED AUGUST 1, 1999 01 .0 OF FOF F� ¢�"' rill§ City of Elgin Agenda Item No. ,, E 40 0 r May 3 , 2002 G Y TO: Mayor and Members of the City Council N ' . #7 FROM: Olufemi Folarin, Interim City Manager ALIVE DOWNTOWN SUBJECT: License Agreement To Place Tables and Chairs On Sidewalk At 13 Douglas Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information relating to the placement of tables and chairs at Café Magdalena located at 13 Douglas Avenue. BACKGROUND Café Magdalena is located at 13 Douglas Avenue in the Steffen Building. The restaurant is operated by Mr. and Mrs . Fred Steffen. The business has operated at this location for approximately six months . In conjunction with operation of the restaurant, the Steffen' s would like to place six tables, with a total of 12 seats, on the sidewalk area just outside of the restaurant entrance. Such a use would be consistent with outside seating at Prairie Rock, Al ' s Café, Seattle Mountain Coffee Shop and Eastside Café. Mr. and Mrs. Steffen are willing to comply with all insurance and indemnification provisions required by the City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Development Review Team FINANCIAL IMPACT " None LEGAL IMPACT V\I\PVA license agreement will need to be prepared. License Agreement to Install Tables at 13 Douglas May 3 , 2002 Page 2 ALTERNATIVES 1 . Approve the license agreement . 2 . Deny the license agreement . RECOMMENDATION It is recommended that the City Council approve a license agreement which allows for the placement of six tables and twelve chairs at Café Magdalena at 13 Douglas Avenue. Respectfully submitted, Olufemi arin • Inte 'm Ci ger RHM:amp � /ft6/2002 13:17 8477416973 STEFFEN,KELLY&STEFFE PAGE 02 ' � i ' � . . . �~�~ - - ��» � ^ � � <0 OF EEC' ' } G \� City of Elgin Agenda Item No. �/ ; • r ill 6/.'a rt o s 0'' , s4. i ;;is May 3 , 2002 G ' I •V iT'. :V TO: Mayor and Members of the City Council N • 1. k #7 FROM: Olufemi Folarin, Interim City Manager ALIVE DOWNTOWN SUBJECT: License Agreement To Place Tables and Chairs On Sidewalk At 13 Douglas Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information relating to the placement of tables and chairs at Café Magdalena located at 13 Douglas Avenue. BACKGROUND Café Magdalena is located at 13 Douglas Avenue in the Steffen Building. The restaurant is operated by Mr. and Mrs . Fred Steffen. The business has operated at this location for approximately six months . In conjunction with operation of the restaurant, the Steffen' s would like to place six tables, with a total of 12 seats, on the sidewalk area just outside of the restaurant entrance. Such a use would be consistent with outside seating at Prairie Rock, Al ' s Café, Seattle Mountain Coffee Shop and Eastside Café . Mr. and Mrs . Steffen are willing to comply with all insurance and indemnification provisions required by the City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Development Review Team FINANCIAL IMPACT None LEGAL IMPACT MOT/A license agreement will need to be prepared. I License Agreement to Install Tables at 13 Douglas May 3 , 2002 Page 2 ALTERNATIVES 1 . Approve the license agreement . 2 . Deny the license agreement . RECOMMENDATION It is recommended that the City Council approve a license agreement which allows for the placement of six tables and twelve chairs at Café Magdalena at 13 Douglas Avenue. Respectfully submitted, Olufemi arin Inte 'm Ci ger RHM:amp 04/16/2082 13:17 8477416973 5TEFFEN,KELLY&5TEFFE PAGE 82 ~ ^ E. ^ � / ' - . -�- - --�_� -^ � � -~~ / = ~~� -_-- _---- ~. |