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Home My WebLink About96-179 Resolution No. 96-179 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH PRAIRIE ROCK BREWING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, 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 Prairie Rock Brewing Company for fence and cafe area on public sidewalk, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: June 12 , 1996 Adopted: June 12 , 1996 Vote: Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk I'ILFn FOR RECORD KAHL C0UNTY.ILL. 98KO1447 98FFR2!� PH12* 30 LICENSE AGREEMENT BETWEEN PRAIRIE ROCK BREWING COMPANY AND CITY OF ELGIN After recording return to : Dolonna Mecum Elgin City Clerk 150 Dexter Court r. Elgin, IL 60120 ,1 I ' 98KO14479 LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of �, 1996, by and between the CITY OF ELGIN, an Illinois municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Licensor" ) and PRAIRIE ROCK BREWING COMPANY, an Illinois corporation (hereinafter referred to as "Licensee") , WITNESSETH WHEREAS, Licensor is the owner of certain public property along 200 Prairie Street consisting of the public sidewalk adjoining said property to the south; and WHEREAS, Licensee desires to erect a fence on a portion of said public sidewalk of Licensor for an outside eating area. NOW, THEREFORE, the parties agree as follows : 1 . Licensor hereby grants unto Licensee the right to erect a fence and cafe area upon the public sidewalk adjoining 200 Prairie Street to the south as shown on the Prairie Rock Brewing Company outdoor cafe plan revised May 23, 1996 . 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 upon giving sixty (60) days written notice. In addition, this agreement may be terminated by Licensor upon 98 KO l 4479 five (5) days written notice to Licensee of a breach of any term or condition of this agreement. 4 . Licensee agrees to erect the fence and cafe area only pursuant to the specific written authorization of the City' s Public Works Director and at such site and manner as is designated by the Public Works Director. The written authorization for the erection of said fence and cafe area shall, among other items, provide for the minimum distances between the fence and any sidewalks, streets and fire hydrants, signal and light poles, signs and any other appurtenances . 5 . Licensee agrees that the fence and cafe area 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, Licensee shall be required to perform such required maintenance. 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 fence and cafe area shall be removed from the premises immediately upon receipt of instructions from the Public works Director for the removal of same. Licenses shall at its own responsibility and expense obtain and keep in effect all licenses , bonds and permits 2 93KO14479 necessary for the installation and existence of the fence and cafe area . 6 . Licensee shall immediately remove, at his own expense, said fence and cafe area 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 fence or cafe, under any circumstances, shall be at the sole expense of the Licensee. 7 . Upon termination of this agreement, Licensee agrees to immediately remove the fence and cafe from the subject premises and to restore the site to its original condition. If Licensee fails to exercise its duties under this paragraph, Licensor shall have the right to remove the fence and cafe and restore the subject premises at no cost or liability to the City. 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 fence or cafe 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 fence or cafe and Licensee hereby indemnifies and holds harmless Licensor, its officers , agents , servants and employees from and against any and all such claims . 9 . Licensee agrees to and does hereby to the fullest extent permitted by law indemnify, hold harmless and defend Licensor, its officers, agents, servants and employees 3 98KO14479 against property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the existence, maintenance, use, or location of the fence and the outside cafe area to be located, maintained and operated on the public sidewalk adjoining 200 Prairie Street to the south; and Licensee hereby assumes all liability and responsibility of Licensor, its officers, agents, servants and employees for such suits or claims . Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage to the premises . 10 . Licensee covenants and agrees to furnish Licensor with a certificate of insurance naming the City as additionally insured for a fence and cafe area on the City sidewalk south of Prairie Street as proof that it has secured and paid for a policy of public liability insurance annually covering all public risks related to the use, maintenance, existence or location of the fence and cafe area. The amounts of such insurance shall be as follows : Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage: $100, 000 per occurrence; $500, 000 annual aggregate; with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at Licensor' s option and Licensee will so revise such amounts within thirty ( 30) days following notice to Licensee of such requirements . 4 9sK0i4479 u5/L4/vb 14:Z5 hAX 703 Z91 9230 Otialloran,KOsorr 4 006 -96 FR1 13:h7 LEGAL FAX NO, 8479316666 P, 06 1 I!. This license is personal to Licensee. It is ronassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. la. Licensee agrees that should any action, whether real or asserted, at .law or in equity, rise out of the terms of this agreement, or by Licensee's operations on the premises, venue for said action shall lie in Kane County, Illinois. 13. In any action brought by Licensor for the enforcement of the obligations of Licensee and Licensor is the p3Ievailing party in such action, Licensor shall be entitled to rEcaver -nterest and reasonable attorney's fees. 14. Licensee agree to provide for recordation of this agreement at his own expense and to provide proof of such rocordations to Licensor. IN WITNESS WHERFnF, the parties hereto have escecuted this aggooment on the date and year first written above. CITY OF ELGIN PRAIRIE ROC WING COMPANY By . Kevin Kelly, Mayo I n Atsteet: est 9!z� Vi: y Clerx This document prepared by: William Cogley Assistant Corporation Counsel 150 Dexter Court Elgin, IL 60120 Rsoowler Not Fla-rannefHe Fot R&*roL;L,,,t,;ya 9sK014479