HomeMy WebLinkAbout03-124 Resolution No. 03-124
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH
DOWNTOWN ELGIN SUBS, INC.
(59-61 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 Downtown Elgin Subs,
Inc. for an outdoor café in conjunction with Quizno' s Subs at 59-
61 Douglas Avenue, a copy of which is attached hereto and made a
part hereof by reference .
s/Ed Schock
Ed Schock, Mayor
Presented: May 14 , 2003
Adopted: May 14, 2003
Omnibus Vote: Yeas : 6 Nays : 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
LICENSE AGREEMENT
THIS AGREEMENT made and entered into this .2(„ day of 41 , 2003, by and
between the CITY OF ELGIN, an Illinois municipal corporation, org zed and existing under
the laws of the State of Illinois (herein after referred to as "Licensor") and Downtown Elgin
Subs, Inc., an Illinois corporation, doing business as Quizno's, (hereinafter referred to as
"Licensee").
WITNESSETH
WHEREAS, Licensee is the tenant of certain property commonly known as 59-61 Douglas
Avenue, Elgin, Illinois, and legally described on Exhibit A attached hereto.
WHEREAS, Licensee 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 leasehold property of Licensee for the purpose of
developing an outdoor café in conjunction with a Quizno's restaurant proposed to be operated by
Licensee at 59-61 Douglas Avenue, Elgin, Illinois.
NOW, THEREFORE, the parties agree as follows:
1. Licensor hereby grants to Licensee a temporary license to permit Licensee to place tables
and chairs upon a portion of the public sidewalk in the public right-of-way known as the Douglas
Avenue owned by Licensor and depicted on Exhibit B attached hereto.
2. In consideration for this Agreement, Licensee 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 Licensee of a breach of any term
or condition of this Agreement.
4. Licensee agrees to erect the tables and chairs only with the specific written authorization
of Licensor's Public Works Director and at such site and manner as is designated by the Public
Work's 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. Licensee 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
LICENSE AGREEMENT -Page 1 of 5
Director, stating in general terms how and in what manner maintenance is required. Licensee
shall be required to perform such required maintenance at its own cost. If Licensee fails to do
so, then Licensor shall have the right to perform this maintenance, the cost of which shall be
borne by Licensee.
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. Licensee 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. Licensee shall immediately remove, at its 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, Licensee agrees to immediately remove the tables
and chairs from the subject premises and to restore Licensor's property to its original condition.
If Licensee 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 Licensor.
Licensee 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 Licensee, 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, Licensee 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, attorneys 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, Licensee 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.
Licensee further agrees that should Licensor be required to repair said damage, Licensee shall
pay the cost of repair as well as all costs and reasonable attorney's fees incurred by Licensor to
properly repair said damage.
LICENSE AGREEMENT - Page 2 of 5
10. 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 aggregate
for bodily injury and $1,000,000 aggregate for property damage.
Prior to installing the tables and chairs on Licensor's premises, Licensees shall deliver to
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 Licensor. Such
Certificate of Insurance shall include coverage of the contractual obligations assumed by
Licensee under paragraph 9 above. This insurance shall apply as primary insurance with respect
to any other insurance or self-insurance programs afforded to 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 Licensor.
The requirements for insurance coverage for the general liability exposures may be met with a
combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate limitation
of coverage.
11. This license is personal to Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
12. Licensee 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 the City for the enforcement of the obligations of Licensee and
the City is the prevailing party in such action, the City shall 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 DOWNTOWN ELGIN SUBS, INC.
By: ij�� By: `
ED SCICK, Mayor SUZANNE PFAFF, President
Attest: Attest:
DOLONNA MECUM, City Clerk JOSEPH M. FOLLRATH, Secretary
LICENSE AGREEMENT - Page 3 of 5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY ON WHICH LICENSEE IS A TENANT
That part of the North 110 feet of Lot 5 in Block 17 of the Original Town of Elgin, on the East
side of the Fox River, lying West of the West right of way line of the Chicago and Northwestern
Railway Company, in the City of Elgin, Kane county, Illinois.
Permanent Index No.: 06-14-280-001
LICENSE AGREEMENT - Page 4 of 5
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City of Elgin Agenda Item No.
4
ITMIk
BQ
April 18, 2003 G
TO: Mayor and Members of the City Council N
RECREATIONAL LEISURE
ANO CULTURAL OPPORTUNITIES
FROM: David M. Dorgan, City Manager
Todd Wyatt, Associate Planner
SUBJECT: License Agreement for Quizno' s Subs for Outdoor
Seating (59-61 Douglas Avenue)
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
approval of a license agreement to allow Quizno' s Subs to place
tables and chairs in the public right of way at 59-61 Douglas
Avenue .
BACKGROUND
An ordinance granting a conditional use for a carryout
restaurant was adopted on August 14 , 2002 (Ordinance G56-02 ,
petition 29-02) for Quizno' s Subs, property located at 59-61
Douglas Avenue . The applicant is now requesting to place 4
tables and 8 chairs in the public right of way in front of their
tenant space to be used in conjunction with the restaurant . The
applicant has submitted a license agreement (see attached) which
has been reviewed and approved by the Community Development
Group, the Engineering Division of the Public Works Department,
and the Corporation Counsel . Such a use would be consistent with
outside seating at Café Magdelena, Prairie Rock Brewing Company,
Al' s Creamery, Seattle Mountain Coffee Shop, Latte Da Café, and
Eastside Café.
The applicants will comply with all insurance and
indemnification provisions required by the City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
License Agreement for Quizno' s Subs
April 18, 2003
Page 2
07/&. FINANCIAL IMPACT
None.
vf01474EGAL IMPACT
A license agreement will need to be executed.
ALTERNATIVES
1 . Approve the license agreement .
2 . Deny the license agreement .
RECOMMENDATION
It is recommended that the City Council approve the license
agreement .
Respectfully submitted for Council consideration.
P Y
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