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HomeMy WebLinkAbout98-108 Resolution No. 98-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HUGEE ENTERPRISES, INC . , D/B/A AL' S CAFE & CREAMERY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hugee Enterprises, Inc . , d/b/a Al ' s Cafe & Creamery, for a temporary perimeter of potted shrubs on public property at 43 DuPage Court, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 13 , 1998 Adopted: May 13 , 1998 Vote : Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT THIS AGREEMENT made and entered into this 1st day of May, 1998 by and between the city of Elgin, a municipal corporation, organized and existing under the laws of the state of Illinois (hereinafter referred to as 'Licensor") and Hugee Enterprises, Inc (d.b.a. Al's Café & Creamery) of Elgin Illinois (hereinafter referred to as "Licensee") WITNESSETH WHEREAS, licensor is the owner of certain public property in front of and along the East Side of 43 DuPage Court. See Attached Exhibit And WHEREAS, Licensee desires to position a temporary perimeter of potted scrubs in front of Al's Café and Creamery at 43 DuPage Court which is public property for an outside eating area. NOW, THEREFORE, the parties agree as follows: 1. Licensor hereby grants unto Licensee the right to place a temporary perimeter of potted scrubs around the public area, indicated in the attached sketch, in front of 43 DuPage Court for use as an outside eating area. 2. In consideration for this agreement, Licensee agrees to pay to Licensor a fee of Ten 0/0 Dollars ($10.00) due and payable when this agreement is executed. 3. This agreement may be terminated by either party for any reason upon giving sixty (60) days written notice. In addition, this agreement may be terminated by Licensor upon five- (5) days written notice to Licensee of a breach of any term or condition of this agreement. 4. Licensee agrees to install the scrub perimeter only with the specific written authorization of the City's Public Works Director and at such site and manner as is designated bythe Public Works Director. The written 9 authorization for the installation of the potted scrub perimeter and patio eating area shall, among other items, provide for the minimum distance between the scrubs and any sidewalks, streets and fire hydrants, signal FOR RECORD and light poles, signs and any other appurtenances. uOUNTY, ILL. 9E1 JUL ! 1$ PM la: 15 44-02a. VV. C321-4.4.:i-cti RECORDER 98 K 0 6 2 2 5. Licensee agrees that the scrub perimeter and patio eating area shall be constructed 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 must 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 scrub perimeter and patio eating area 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 licenses, bonds and permits necessary for the installation and existence of the scrub perimeter and patio eating area. 6. Licensee shall immediately remove, at his own expense, said scrub perimeter and patio eating 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 scrub perimeter or patio, under any circumstances, shall be at the sole expense of the Licensee. 7. Upon termination of this agreement, Licensee agrees to immediately remove the scrub perimeter and patio eating area 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 scrub perimeter and patio eating area 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 scrub perimeter or the patio eating area for any property belonging to or rented by Licensee, it's officers, servants, agents or employees which may be stolen, destroyed or in any way damaged during the erection or maintenance of the scrub perimeter and patio eating area 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 of the law indemnify, hold harmless and defend Licensor, its officers, agents, servants and employees 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 scrub perimeter and the patio eating area to be located, maintained and operated on the public area in front of 43 DuPage Court; 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 i seK06228I 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 scrub perimeter and patio eating area on City Right of Way 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 scrub perimeter and patio eating 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 an 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 11. This license is personal to Licensee. It is nonassignable and any attempt to assign this license will terminated the license privileges granted to Licensee hereunder. 12. 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 prevailing party in such action, Licensor shall be entitled to recover interest and reasonable attorney's fees 14. Licensee agrees to provide for recording this agreement at her own expense and to provide proof of such recording to Licensor. IN WITNESS WHEREOF the parties have caused this agreement to be executed by the City Manager and City Clerk of the City of Elgin and Hugee Enterprises, Inc. CITY OF ELGIN HUGEE ENTERPRISES, INC AL'S CAFÉ AND CREAMERY By t0 . Bye— ATTEST: ATEST - I . I ONCE • rt ' Buz e-L/n/C. 1 �. 1 1 . L ' \ /I 1 I ' rl R @ 0 -7- o • a C? 01 �j @ it 0 CO o 1 (B, G , ( , o, 1 if GI sue- U OD 13 - i " d i A -r-e.e.e_ C - Viz' Pcn x-P-rER- Z L - GVPr2DS (Trc( C) . C: - 12" ( rts. wi Z-31=ee7- SCev13 .v, *1 o• 1- - I>O✓i C. 5 'ue4 57-P:17o13 J Cz - `f' wide_ -FG GPI e �t- L/ Nil`, i lV i (-I - 2' rni 1d'e -I Ft-ZC.e- -ror .� trt 1 1. Z - TRy'rs)-\ CRN- �' Z v i AL.'S Cn d Ce.e;etIr/E1ey , POOR ORIGINAL 413 bu D, Ge- C'CU,2 r 1 Recorder Not Responsible 0..E ,v 1 s ( e i /L poi Zc7 � _ For Reproductions I = 1 s�da� _ gS�7 7yL-/i f3o / 7 Z-i3 g7 �i4X .lu A M/c, - P .e�,v 9a K06228 I, 4 ' • .Al iN!I). CERTIFICATE OF INSURANCE ISSUE DATE iMs4:00/YY) 4-30-98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, William J Kamm & Sons, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW • P.O. Box 129 Medinah, I1. 60157 COMPANIES AFFORDING COVERAGE COMPANY A LETTER CODE SUB-CODE Selective Insurance Co. of South Carolina COMPANY l INSURED LETTER Al's Cafe & Creamery COMPANY C LETTER 43 DuPage Court Elgin, I1. 60120 LLETTERNY O COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD , INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MMIDONY) DATE(MM/DIDNY) GENERAL LIABILITY GENERAL AGGREGATE 32,000 A K COUMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE S2,000 CLAIMS MADE X OCCUR. Si 317530 4-30-98 4-30-99 PERSONAL 6 ADVERTISING INJURY SI ,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000 • FIRE DAMAGE(Any one lire) E50 MEDICAL EXPENSE(Any one person) S5 AUTOMOBILE LIABILITY COMBINED SINGLE S ANY AUTO LIMIT t ' ALL OWNED AUTOS BODILY JUILY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S j NON-OWNED AUTOS (Per RCTIdenll I GARAGE UA81LITr PROPERTY DAMAGE EACH AGGREGATE j EXCESS LIABILITY OCCURRENCE i IS S OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION e (EACH ACCIDENT) IDE4T) AND S (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY S !DISEASE—EACH EMPLOYEE) I 1 OTHER 4 i I ,I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS i Premises liability includes the outside patio. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Elgin 150 Dexter MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ! Court Elgin, IL. 60120 LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES. AUTI�R�IZ'°�E9R ENTAi1VE i U3Artre C) - • karrarrY.L. . ACORD CORPORATION 1988 ACORD 25-S(3/88) .. . POOR ORIGINAL Recorder Not Responsible °8 K 0 6 2 2 8 I For Perrartur h.ns ``K , C4� f i City of Elgin Agenda Item No. lgr *1!ID May 6, 1998 TO: Mayor and Members of City Council FROM: Joyce A. Parker, City Manager SUBJECT: Agreement with Al ' s Cafe & Creamery for an Outdoor Eating Area PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider an agreement with Hugee Enterprises, Inc . (Al ' s Cafe & Creamery) permitting a temporary outdoor eating area. BACKGROUND For the last several years, Al ' s Cafe & Creamery, located at 43 DuPage Court, has operated an outside eating area for patrons during the warm weather months. While this has been the practice, Al ' s Cafe has not received formal approval to use the public property in DuPage Court mall as an outdoor eating area. The attached agreement will grant the new owner of Al ' s Cafe, Hugee Enterprises, Inc . , the right to use a portion of public property as a outdoor eating area. The eating area shall be designated by a perimeter of potted scrubs. Included with the agreement is a diagram of the proposed eating area, which would accommodate six tables . The agreement requires Al ' s to maintain the area in a safe, neat, sightly and good physical condition in accordance with the Elgin Municipal Code. The restaurant is also required to maintain insurance naming the City as additionally insured. The agreement may be terminated by either party upon a 60 day written notice . The City has entered into a similar agreement with Prairie Rock to allow for operation of their sidewalk cafe area. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Hugee Enterprises, Inc . - owner and operator of Al ' s Cafe & Creamery. Agreement with Al ' s Cafe & Creamery May 6, 1998 Page 2 FINANCIAL IMPACT None . LEGAL IMPACT /A None . ALTERNATIVES The City Council may approve the agreement as presented, edit the draft agreement, or decline to enter into the agreement with Hugee Enterprises, Inc . RECOMMENDATION It is recommended that the City Council approve the agreement with Hugee Enterprises, Inc . (Al ' s Cafe & Creamery) permitting the use of a portion of DuPage Court for an outside eating area. ( 0de spectfully submitt d, e .., at J ce A. Parker City Manager Attachment y OF E< µ`Wc," City of Elgin ` , '` ' ✓' Y Ma or 111 Kevin Kelly u J?�(-Rii )\O' 1 �✓ Council Members Terry Gavin Robert Gilliam John T. McKevitt Ed Schock May 15, 1998 John Walters Marie Yearman Ms . Julia Hugee Pedersen Al ' s Cafe and Creamery 43 DuPage Court Elgin, IL 60120 Re: Outdoor Cafe Dear Julia: I am enclosing the Agreement with reference to your use of public property as an outdoor cafe adjacent to your restaurant and the Exterior Sales Permit, which allows you to sell alcoholic liquor in the outdoor cafe area. Paragraph 14 of the agreement provides that you must record the agreement with the Kane County Recorder' s Office and furnish us proof thereof . Accordingly, please send us a copy of the recorded agreement after it has been recorded. If you have any question about the recording procedure, please contact me. I will be at a municipal clerks ' conference the week of May 18-22 . I wish you the best in your new venture and look forward to looking with you in the future. Sincerely, Dolonna "Loni" Mecum, CMC/AAE City Clerk 847/931-5660 dkm Enclosures 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Ponied on recycled paper