HomeMy WebLinkAbout25-0409 Beaunique Latin Kitchen Sic
CITY OF ELGIN
• I.
E LG I N Shared Trash Collection Service
r,,< , 'T, THE SJP,,1KF9`; License Agreement
This Shared Trash Collection Service Licens Agreement(hereinafter the"Agreement")is
made and entered into on this day of- Hf r, / ,20,E by and between the City
of Elgin(hereinafter the"City")and:
Business Name: 4ea v r j ! V-e ectrt/1 ikkc'✓l )
Business Address: 79 -5 Carr-.tJ -t� i v C
Type of Business: `ood and/or Beverage(Rate$100 per Month)
Cl Retail/Service/Non-Food(Rate$50 per Month)
❑Office Only(Rate$25per nth)A
Contact Person(for notices and billing): gi) /
i' (Ci I(/ ) ,--.,_
Contact Address: J 2 03 �JCx rl e 'n J C'aw (--r1 --
Contact City,State,Zip: c- --4‘ EE l q i•l/ ft, to l77
Contact Phone: 63 0 _e 5 7 - o Q'+,
Contact Email(Same As for Monthly Billing): Wigt-, & eypeoi v'lc e t,,r,in
Emergency Contact Person: i �['r(`t 7Q CUl`C�'C~/1
Emergency Contact Phone: g�?- 3U6- 8'
(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
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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 Dumpster 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
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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 finds 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
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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.
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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.
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I. 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
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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, attomey'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
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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.
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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
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W 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
By:
Richard G Kozal,City Manager
ATT T•
Kimberly Dewis, rk
LICENSEE
Business Name(Same as Page 1):
e C (7 teic44'k_D
Signature: adeikik,L
Printed Name: 4/J.€('/—L) 4,11,1,24,...
Its:
ATTEST:
Printed Name: J„,fer
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