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HomeMy WebLinkAbout84-709 Als Cafe gy-c}o9 �415 Cade ;, • LICENSE y c. THIS LICENSE AGREEMENT made this j day of II; IL( , 1984, between the City of Elgin, a municipal corporation, hereinafter referred to as Licensor, and W. Alan Berg, d/b/a Al's Cafe and Creamery, hereinafter referred to as Licensee. WITNESSETH WHEREAS, Licensor has constructed a pedestrian shopping mall known as the Fountain Square Plaza Mall; and WHEREAS, a portion of the Fountain Square Plaza Mall is no longer necessary for the exclusive use of the public; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable and in the interest of public convenience to provide an outdoor food service establishment on the Fountain Square Plaza Mall; and WHEREAS, the City of Elgin is a home rule unit, may exercise any power and perform any function pertaining to its government and affairs. NOW, THEREFORE, Licensor and Licensee agree as follows: 1. Licensor, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, on the conditions and terms set forth herein, does hereby grant to Licensee the privilege of using that part of Fountain Square Plaza Mall generally located immediately adjacent to Licensee's business premises at 43 Fountain Square Plaza and more specifically described as shown on Exhibit A (which is attached hereto and made a part hereof), said area hereafter being referred to as Premises. 2. Licensee shall use the said Premises only for the operation of a food service establishment including the location of not more than 8 tables and the serving of alcoholic beverages only in accordance with applicable ordinances, statutes and this agreement. 3. This agreement shall expire December 31, 1984 unless terminated sooner pursuant to Paragraph 8. 4. Licensee agrees to operate a food service establishment on said Premises with the following restrictions: a) No alcoholic beverages can be sold without the purchase of food. b) The food service establishment shall be operated only between the hours of 10:00 a.m. to ,14 00 p.m. 12 Midnight 1/43 c) No permanent structures may be erected on the Premises. d) The Premises shall be provided with adequate refuse containers and any litter from the food service operations on other areas of the mall shall be collected and disposed of properly and promptly. f) There shall be no outdoor storage of food products. g) All food preparation must be inside the odjoining food service establishment. h) The food service establishment must comply with all the rules and regulations established by the City of Elgin for food service establishments. i) All tables, chairs or other items on the Premises must be immediately removed from any encroachment of the fire lane upon the approach of an emergency vehicle on the fire lane or upon direction from either the Chief of Police or Fire Chief or their authorized representatives. j) All tables, chairs or other items on the Premises must be stored after 11:30 p.m. and until 9:30 a.m. in an area that is not within the fire lane. 5. The Licensee shall indemnify and hold harmless Licensor from any and all claims for damages arising out of the existence, or Licensee's performance of this agreement for the use of said Premises and shall furnish Licensor with a liability insurance policy naming Licensor as an additional insured in the following amounts: Personal Injury - $500,000; Property Damage - $100,000. 6. ItIP>OXIAM A10 1X 10X01kCKXIXIXOlit)tYd*ItiAit iaXtk.X(iefiti6b150 blX901Edlr)Ei( 1,11tR XiMPKRIM(API S45I XttIOXbklk/O KNIS(X1(1144 tISAXi(OXIA0MEd Yc J 4 56X#XE(XskE rl (Yoif kg9b9A7XIXTIM (X4tXY ic3rOX0is)e X XV4XIX tliKLxJX:Xi Midi 4,610(.40bliWtX XdOki6 iix kiig rx IN% 7. Licensee shall keep and observe such rules and regulations as are hereafter required by Licensor which may be necessary for the proper and orderly care and operation of the Fountain Square Plaza Mall or parts thereof. 8. This License agreement may be terminated with or without cause at any time by Licensor upon delivery of written notice of termination to Licensee. Except when Licensor reasonably determines that an emergency situation exists or that Licensee is in breach of any term of the License, Licensor shall give Licensee not less than seven (7) days notice of termination. In the event Licensor reasonably determines that an emergency situation exists or that Licensee is in breach of any term of this agreemennt, Licensor may teminate this License agreement upon delivery of written notice of termination to Licensee. 9. Upon termination or expiration of this License, Licensee shall cause all chairs, tables or other items to be removed from the Premises. In the event Licensee fails to promptly cause such removal, Licensor may remove said items and Licensee shall pay all reasonable expenses incurred by Licensor for such removal and storage. IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. LICENSOR, City of Elgin Attest: (.114-11— LICENSEE,A1' Cafe and Creamery By Attest: