75-0620 Ace Coffee Bar -.S-obo
AGREEMENT
This agreement made this 20th day of June , 1975,
between the City of Elgin, Illinois, a municipal corporation, hereinafter
called "City" and Ace Coffee Bar, Inc. , its successors and assigns, having
its place of business at Route 1, Box 124, Elgin, Illinois, hereinafter called
"Concessionaire."
WITNESSETH
WHEREAS, City desires to make available concession stands at Wing
Park and Lord's Park swimming pools during the summer months; and
WHEREAS, Concessionaire desires to operate these concession stands
during the summer months of 1975; and
WHEREAS, City has determined Concessionaire's bid to be the best
bid and desires to contract with Concessionaire to perform said work.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein set forth, it is mutually agreed herein by and between the
parties:
1. Concessionaire is granted the exclusive privilege of selling
and dispensing food, soft drinks, candy, ice cream, and other types of
refreshments together with cigars, cigarettes, tobacco and charcoal at
Wing Park and Lord's Park swimming pools located in the City of Elgin,
Illinois, during the summer period commencing June 6, 1975 and terminating
September 3, 1975. However, the City retains the right to close the Wing
Park Pool earlier than the aforementioned date in order to commence repairs
on the pool.
2. Concessionaire agrees to operate the concession taking over
the counter sales between the hours of 12:30 p.m. and 9:00 p.m. daily includ-
ing Sundays and holidays.
3. Concessionaire agrees to pay to the City as consideration for
the concession granted and the use of the premises 12 percent of gross
revenues less Illinois Sales Tax from all sources derived from the operation
of the concession granted. Said compensation shall be paid to City on or
before October 1, 1975.
4. Concessionaire agrees to provide City with a price list of all
goods to be sold. Additional price lists shall be provided whenever prices
are changed or additions or deletions are made.
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5. Concessionaire agrees to maintain a bookkeeping system supported
by invoices and other records of all transactions which will accurately
reflect gross receipts from the operation of the concession granted and City
may examine and audit all such records to determine compensation due.
6. Concessionaire shall have the use of the concession stands
located at Wing and Lord's Park swimming pools during the term of the con-
cession granted, and shall surrender possession of said stands upon expiration
of the concession in the same condition except for normal wear and tear.
City shall furnish at its expense all electricity used by Concessionaire.
Concessionaire shall furnish at its own expense all equipment and other
utilities used or consumed in operation of the concession granted.
7. Concessionaire agrees to keep and operate concession stands in
a neat and sanitary manner and shall keep the grounds to the front and side
of each stand clean of litter and shall operate said concession in accordance
with all laws, regulations and ordinances of the State of Illinois and City
of Elgin.
8. Concessionaire agrees to hire and supervise all employees and
insure reasonable standards of service and conduct and shall provide service
from 12:30 p.m. to 9:00 p.m. daily including Sundays and holidays.
9. Concessionaire agrees to indemnify and hold harmless the City
from any and all claims arising out of the operation of the concession under
the concession granted by City and Concessionaire shall bear all costs of
investigation, attorneys fees, settlement or judgment resulting from claims
or demands arising out of or in connection with the operation of the concession
stand. Concessionaire shall further protect the City by procuring property
damage and public liability insurance in the amounts of $100,000 and $300,000
respectively in a company or companies acceptable to the City for any loss or
damage sustained by any person, firm or corporation by reason of the operation
of said concession. Concessionaire shall provide City with a certificate of
insurance naming City as additional insured. Concessionaire agrees to provide
Workmen's Compensation insurance in accordance with statutory requirements.
10. Concessionaire agrees that upon breach of any provision of
this agreement, City may terminate all the rights and privileges of Con-
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cessionaire under this contract by written notice and upon receipt of such
notice Concessionaire shall immediately surrender possession of City stands
and equipment.
CI OF ELGIN
Attest: By \
eo . Ne son, ity .ger
VA,
Citylqft ACE COFFEE BAR, INC.
By
(Corporate Seal) Its President
Se eta
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