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HomeMy WebLinkAbout25-0401 Elgin Alano Club CITY OF E E LG I N Shared Trash Collection Se THE crry IN weuRes License Agree This Shared Trash Collection Service License Agreement(hereinafter the"Agreement")is made and entered into on this First day of April ,2025 by and between the City of Elgin(hereinafter the"City")and: Business Name: Elgin Alano Club Business Address: 73 S. Riverside Drive Type of Business: 0 Food and/or Beverage(Rate$1 00 per Month) 04, etail/Service/Non-Food (Rate$50 per Month) Office Only(Rate S25 per Month) Contact Person(for notices and billing):James Haas Contact Address: 1140 Lafayette Dr Contact City, State,Zip: 60177 _ Contact Phone: (224) 629-6454 Contact Email (Same As for Monthly Billing). haasaritzecomcast.net Emergency Contact Person: Ron Ewing Emergency Contact Phone: 630-215.6600 (each item provided above hereinafter referred to as such (e.g. the "Business Name" or the "Contact Person")and collectively hereinafter referred to as the"Licensee").This Agreement shall not be executed unless the Licensee provides information on each of the above lines and checks one of the boxes by Type of Business. Recitals WHEREAS, the City is the owner of certain real property commonly referred to as 20-26 S. Grove Avenue(hereinafter referred to as the"City Property"): and WHEREAS, the City has constructed a dumpster enclosure on the City Property (hereinafter referred to as the"Dumpster Enclosure"), and WHEREAS, the City has arranged for a trash collection company (hereinafter referred to as the "Service Provider") to provide trash and/or recycling dumpsters (collectively hereinafter referred to as the"Dumpsters")and for a used cooking oil recycling company(hereinafter referred 1 to as the "Cooking Oil Recycling Company")to provide a waste cooking oil recycling container (hereinafter referred to as the"Waste Cooking Oil Container")within the Dumpster Enclosure and to make those Dumpsters and Waste Cooking Oil Container available for shared use by businesses that operate along Riverside Drive for a monthly fee;and WHEREAS,the Licensee desires and agrees to use the Dumpsters and/or Waste Cooking Oil Container within the Dumpster Enclosure on the City Property in accordance with the rates, terms,and conditions within this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations contained herein and other good and valuable consideration received by each party,the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Grant of License. The City hereby grants to Licensee a temporary and non-exclusive personal privilege and permission to enter upon the City Property for the purposes of using the Dumpsters within the Dumpster Enclosure, subject,however,to the terms,conditions, and limitations of this Agreement. The City also hereby grants to Licensee, in so long as the Licensee's Type of Business is Food and/or Beverage, a temporary and non-exclusive personal privilege and permission to enter upon the City Property for the purposes of using the Waste Cooking Oil Container within the Dempster Enclosure,subject,however,to the terms,conditions,and limitations of this Agreement. 3. Rates, Billing, Late Fees, and Other Considerations. The consideration to be paid by Licensee every month to the City for the privilege granted by this Agreement is dependent upon the Type of Business of the Licensee as follows: a. A Food and/or Beverage business shall pay$100 per month; b. A Retail/Service/Non-Food business shall pay$50 per month;and c. An Office Only business shall pay$25 per month. Licensee agrees to provide valid credit card, digital wallet, or online payment service information at the time of entering into this Agreement on a form and/or through a web- based service provided by the City.By providing and/or entering such information on said form and/or through said web-based service,the Licensee authorizes the City to charge the credit card,digital wallet,or online payment service provided by the Licensee(hereinafter referred to as the"Payment Service")for all fees associated with the shared trash collection services rendered under this Agreement. The Licensee acknowledges and agrees to subsequent, reoccurring, and automatic monthly charges to their Payment Service for the amounts specified in this Agreement without further authorization from the Licensee until and unless the Licensee cancels the shared trash collection services in accordance with the termination provisions of this Agreement. Said charges will occur on or about the same calendar day of the month as the calendar day on which the monthly amount was first charged to the Payment Service. The Licensee agrees to keep their Payment Service 2 information current and accurate. If the Licensee's Payment Service expires, is replaced, or is otherwise invalid, the Licensee must update their Payment Service details promptly to avoid interruption of shared trash collection services. If a payment is declined or fails, the City reserves the right to suspend access to the shared trash collection services until the outstanding balance is paid in full. The Licensee will be notified of any failed payment attempts. By entering into this Agreement, the Licensee agrees to receive electronic communications,including billing notifications and payment confirmations,at the Contact Email provided above. If the Licensee disputes any charge, they must notify the City in writing within thirty (30) days of the charge. Failure to do so will result in the waiver of any claims related to the disputed charge. Payments not received within fifteen (15) days of the date payment was due shall be deemed late,and the City reserves the right to add a$25 late fee.Payments more than thirty (30)days past due may be assessed a second$25 late fee. If Licensee fails to pay a monthly bill and any late fees after thirty(30)days,the City may terminate this Agreement in accordance with the terms of this Agreement. Upon a second occurrence of a payment deemed late within any twelve(12)month period, the City may terminate this Agreement in accordance with the terms of this Agreement. The above monthly rates and late fees are subject to change at the sole discretion of the City. The City shall provide at least ninety (90) days advance notice to the Licensee of a change to the monthly rate and/or late fee except where the City fmds that the Licensee is operating in a manner better described by a different Type of Business.Upon such findings, the City reserves the right to immediately change the Type of Business and the monthly charge.The City shall send a written communication of this change to the Type of Business to the Contact Person of the Licensee, care of the Contact Address, City, State, and Zip, within seven(7)days of the change to the Type of Business. 4. Term of Agreement. This Agreement is for a three-month period that shall automatically renew on a month-to-month basis after this initial period absent notice of termination by either party in accordance with the terms of this Agreement. 5. Termination and Penalties. This Agreement and the License herein granted to Licensee may be terminated by either party for any reason or no reason upon giving thirty(30)days written notice to the other party.In addition,this Agreement may be terminated by the City upon five (5)days written notice to Licensee of a breach of any term or condition of this Agreement. Failure to make payment(s) within the timeframes required by Section 3 of this Agreement shall be considered a breach of this Agreement. a. Recording of Notice of Termination. Upon termination of this Agreement the City may cause to be recorded with the County Recorder of Kane County, Illinois, a written Notice of Termination. b. No Compensation to Licensee. In the event of termination of this Agreement,Licensee shall not be entitled to receive a refund of any portion of the consideration paid for this 3 Agreement, nor shall Licensee be entitled to any compensation or reimbursement for any license fees,costs,or expenses incurred or in any way arising from this Agreement or relating to any construction, installation, maintenance, and/or placement of structures or other impediments at the Business Address that may prevent the Licensee from providing trash, recycling, and/or waste cooking oil collection services at the Business Address, nor any monetary damages of any kind whatsoever. c. Penalty for Licensee Termination During Initial Term of Agreement. In the event of termination of this Agreement by the Licensee for any reason during the initial three- (3-) month period of this Agreement,the Licensee shall pay to the City three(3)times the monthly rate of service for the associated Type of Business, regardless of any amounts paid by the Licensee to the City to that point. 6. Services Provided by the City. The City agrees to provide the Licensee with access to the Dumpsters and Waste Cooking Oil Container within the Dumpster Enclosure, 24-hours a day, 7 days a week,except when it is necessary for the Dumpsters and/or Waste Cooking Oil Container to be serviced or when the City has otherwise posted notice of an interruption in service on the Dumpster Enclosure. The City agrees to schedule the regular collection services for the Dumpsters and Waste Cooking Oil Container in a manner that allows the Licensee to reasonably avail themselves of Dumpsters and Waste Cooking Oil Container. The City reserves the right to schedule collection services at its complete discretion. The City reserves the right to provide alternative collection services to the Licensee in the event of unforeseen circumstances that prevent the long-term use of the Dumpsters, Waste Cooking Oil Container, or Dumpster Enclosure. In such instances, the City will make reasonable efforts to provide alternative collection services as soon as is reasonably practical. 7. Cooperation by Licensee. The Licensee acknowledges that it will be sharing Dumpsters and a Waste Cooking Oil Container with other nearby businesses and agrees to cooperate with the City and the other businesses to implement the services granted under this Agreement in accordance with the spirt and intent of the Agreement and with the Agreement requirements. The Licensee agrees to work cooperatively with the City to resolve any conflicts with other businesses that are using the Dumpster, Waste Cooking Oil Container,Dumpster Enclosure,and/or City Property in a similar manner.The Licensee shall not take any measures that would prevent another business that has entered into a Shared Trash Collection Service License Agreement with the City from taking advantage of the benefits of that agreement. 8. Operational Requirements of the Licensee. a. Licensee is responsible for transporting their trash, recycling materials, and/or waste cooking oil to the Dumpster Enclosure. b. Licensee is only authorized to use the Dumpsters and/or Waste Cooking Oil Container for the disposal of trash,recycling materials,and/or waste cooking oil that is generated by their Business. Using the Dumpsters, Waste Cooking Oil Container, Dumpster Enclosure, or City Property to dispose of personal or residential trash, recycling materials, or waste cooking oil is prohibited. 4 c. Licensee shall not grant access to, or the use of, the Dumpsters, Waste Cooking Oil Container,or Dumpster Enclosure to any person not associated with the Business or to any other business, corporation, organization, not-for-profit, governmental or educational institution, or other entity. d. Licensee shall ensure all trash, recycling material, and/or waste cooking oil is placed in the proper Dumpster or Waste Cooking Oil Container within the Dumpster Enclosure. Trash shall be securely bagged to prevent spills and odors. Loose trash shall not be placed in the Dumpsters. Recycling material shall not be bagged, rather it shall be placed loosely in the appropriately labeled Dumpster. e. Licensee shall not overflow Dumpsters or the Waste Cooking Oil Container. Licensee shall ensure that lids on Dumpsters and/or the Waste Cooking Oil Container are closed completely after each use.Trash, recycling material,and/or waste cooking oil shall not be placed beside a Dumpster and/or the Waste Cooking Oil Container if they are full. Trash, recycling material, and/or waste cooking oil shall not be placed along,outside, or in front of the Dumpster Enclosure for any reason. Licensee may call 311 to report a full Dumpster(s)and/or Waste Cooking Oil Container. f. Licensee shall comply with all guidelines and regulations regarding the disposal of trash and recycling material posted on the Dumpsters by the Service Provider,including but not limited to: i. No hazardous or sharp materials, such as automobile parts or tires, chemicals, cleaners, paint, oil or oil-based products, batteries of any kind, medical waste, or electronics. ii. No large items like furniture,appliances, or construction debris. iii. No liquid waste, or new or used oil or grease from any source. g. Licensee, provided that the Licensee's Type of Business is Food and/or Beverage, is authorized to dispose waste cooking oil within the shared Waste Cooking Oil Container, further provided that said Licensee shall comply with all guidelines and regulations regarding the disposal of waste cooking oil posted on the Waste Cooking Oil Container by the Cooking Oil Recycling Company. Waste cooking oil collection and removal services are provided by the City at no additional cost to said Licensee. h. Licensee shall not climb on Dumpsters, the Waste Cooking Oil Container, or the Dumpster Enclosure. i. Licensee shall not remove Dumpsters or the Waste Cooking Oil Container from the Dumpster Enclosure. j. Licensee shall ensure that the gates to the Dumpster Enclosure are closed and locked after each use and before leaving City Property. k. Licensee is responsible for any damage that the Licensee causes directly or indirectly to the Dumpsters, Waste Cooking Oil Container, Dumpster Enclosure, or City Property. The City reserves the right to charge Licensee for the cost of repairing or otherwise abating any such damage caused directly or indirectly by the Licensee. 5 1. Licensee is responsible for ensuring that no trash, recycling materials, and/or waste cooking oil are dropped or spilled while in route to the Dumpsters,Waste Cooking Oil Container, Dumpster Enclosure, and City Property. Licensee shall take immediate action to collect and dispose of any such drops and clean any such spills,regardless of where they may occur. The City reserves the right to charge Licensee for the cost of picking up trash, recycling materials, or waste cooking oil dropped by, or cleaning spills caused directly or indirectly by,the Licensee. m. Licensee shall immediately report to the City via 311 any damage to, misuse of, or maintenance issues with the Dumpsters, Waste Cooking Oil Container, Dumpster Enclosure,or City Property. n. Licensee shall comply with all city, state, and federal rules and regulations regarding trash,recycling,and waste cooking oil disposal. o. The City reserves the right to impose such other operational requirements as it deems necessary with respect to the use of the Dumpsters, Waste Cooking Oil Container, Dumpster Enclosure,or City Property, in the City's sole discretion. Failure to comply with the operational requirements set forth herein shall constitute a breach of this Agreement and be grounds for termination of the Agreement. 9. No Interest in Land. Licensee understands,acknowledges and agrees that this Agreement does not create an interest or estate in Licensee's favor in the Dumpsters, Waste Cooking Oil Container,Dumpster Enclosure,or City Property. The City retains legal possession of the full boundaries of the City Property and this Agreement merely grants to Licensee the personal privilege to use the Dumpsters, Waste Cooking Oil Container, and/or Dumpster Enclosure throughout the term of this Agreement. 10. No Vested Right. Notwithstanding any expenditure of money, time, and/or labor by Licensee in relation to the usage of the Dumpsters or Waste Cooking Oil Container, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of Licensee.Licensee shall expend any time,money,or labor in relation to using the Dumpsters or Waste Cooking Oil Container at Licensee's own risk and peril. 11. Non-Transferability of License. The License granted to Licensee by this Agreement is a mere personal privilege granted by the City to Licensee and is neither transferable nor assignable by Licensee without the City's prior written consent. 12. Maintenance. The City shall be the sole judge of the quality of the construction and maintenance of the Dumpsters, Waste Cooking Oil Container, and Dumpster Enclosure. Licensee shall provide written notice to the City regarding concerns about maintenance of the Dumpsters,Waste Cooking Oil Container,and Dumpster Enclosure. 13. Compliance with Law. Licensee shall adhere to and comply with all ordinances,laws,rules and regulations that may pertain to or apply to the Dumpsters, Waste Cooking Oil Container, and Dumpster Enclosure and the Licensee's use thereof. Licensee agrees and warrants that it has procured or shall procure any licenses, permits, or like permission required by law, if any, to conduct or engage in its business and the associated use of the Dumpsters, Waste Cooking Oil Container,and Dumpster Enclosure described herein,that 6 Licensee will procure all additional licenses, permits, or like permission hereinafter required by law during the term of this Agreement,and that Licensee will keep the same in full force and effect during the term of this Agreement at its own cost and expense. Licensee shall perform under this Agreement in accordance with all applicable legal requirements. 14. Release and Hold Harmless. Licensee does hereby and shall to the fullest extent permitted by law waive,release,and hold harmless the City,its officials,officers,employees,agents, volunteers,and assigns,and all other related persons or entities, from and against any and all claims, suits, judgments, costs, attorney's fees, damages, or other liability or relief whatsoever, arising out of or related to any loss, damage or injury, including death, that may be sustained by the Licensee and/or any property of the Licensee and/or Licensee's officers,agents,employees,dependents,executors,administrators,successors,and assigns, and/or all other related persons or entities, in any way resulting from or arising out of this Agreement and/or Licensee's use of the Dumpsters, Waste Cooking Oil Container, Dumpster Enclosure, or City Property under this Agreement. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 15. Breach and Limitation on Damages. If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default,and the other party shall have the right to seek such administrative,contractual,or legal remedies as may be suitable for such violation or breach;provided,however,that in no event shall the City be liable to Licensee for monetary damages of any kind relating to or arising from any breach of this Agreement,and that no action of any kind shall be commenced by Licensee against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of Licensee related to or arising from this Agreement and the City is the prevailing party in such action,the City shall be entitled to recover from Licensee reasonable interest and attorney's fees. 16. Notices. The City shall use the Contact Person and the associated Contact Address, City, State,and Zip for notices to the Licensee required or permitted under this Agreement.The Licensee shall use the contact information below for the City for notices to the City required or permitted under this Agreement.All such notices shall be in writing and shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: To the City: City Director of Community Development City of Elgin 150 Dexter Court Elgin,IL 60120-5555 With a copy to: Corporation Counsel City of Elgin 150 Dexter Court Elgin,IL 60120-5555 7 Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been given on the third business day following mailing. Notices personally delivered shall be deemed to have been given upon delivery. 17. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. 18. No Personal Liability. No official, director,officer,agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 19. Joint and Collective Work Product. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and Licensee, and as such, this Agreement shall not be construed against any other party as the otherwise purported drafter of the same by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 20. Severability. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable, for any reason,the remainder of this Agreement shall remain in full force and effect. 21. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or for the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County,Illinois. 22. References in Agreement. All references in this Agreement to the singular shall include the plural where applicable, and all reference to the masculine shall include the feminine and vice versa. If either reference shall be declared invalid, such decision shall not affect the validity of any remaining portion that shall remain in full force and effect. 23. Multiple Counterparts. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 24. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 25. Binding Agreement on Parties. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. 26. Assignment. This Agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto.The License granted herein is personal to Licensee. Any attempt to assign this License will automatically terminate the license privileges granted to Licensee hereunder. 27. Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 8 28. Modification. This Agreement may be changed, modified or amended only by a duly- authorized written instrument executed by the parties hereto. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly-authorized and executed amendment hereof. 29. Execution. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this Agreement and shall forever waive such defense. SIGNATURE PAGE TO FOLLOW 9 t'- rt..p, I.,,, IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year first above written. CITY OF IN By. / ..e, (- Richard G. Kozal, City Manager ATTEST. By Kim erly Dewis, ty erk LICENSEE • Business Name(Same as Page 1): Elgin Alano Club Signature: (9-7\4z, Printed Name: James Haas Its: ATTEST: Printed Name: £1v.s (j FLA1A L 10