78-0525 Ace Coffee Bar -4%-059S
AGREEMENT
This agreement made this ,J- 77.//day of /1"-' ,1978, 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, Ill . ,
hereinafter called "Concessionaire. "
WITNESSETH
WHEREAS, City desires to make available concession stands at
Lord ' s Park and Wing Park swimming pools during the summer months;
and
WHEREAS, Concessionaire desires to operate these concession
stands during the summer months of 1978; 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 Lord ' s Park and Wing Park swimming pool located in the
City of Elgin, Illinois, during the summer period commencing June
5, 1978 and terminating September 4, 1978 .
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 including Sundays and holidays.
.
3 . Concessionaire agrees to pay to the City as consideration
for the concession granted and the use of the premises 10 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, 1978 .
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.
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 compensaion due .
6. Concessionaire shall have the use of the concession stands
located at Lord' s Park and Wing Park swimming pools during the
term of the concession 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 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 Concessionaire under this contract by written notice and upon
receipt of such notice Concessionaire shall immediately surrender
possession of City stands and equipment.
CILe OF .LG
,t
By
. Nelson, City Manager
Attest:
r ! ACE COFFEE BAR, INC .
City Clerk ` Its Preside t
(Corporate Seal) Secretary e4.€11_4(