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R-14-03RESOLUTION NO. R-14-3 AUTHORIZING THE EXECUTION OF AN AGREEMENT TO PROVIDE CONCESSION SERVICES AT THE DEERFIELD TRAIN STATION WHEREAS, the Village of Deerfield has provided certain concession services at the Deerfield train station through arrangement with an outside vendor; and WHEREAS, Mary Becerra and Manuel Becerra, doing business as Marsal News has provided said services for the past three years pursuant to an agreement with the Village; and WHEREAS, the current agreement has expired; and WHEREAS, Mr. and Mrs. Becerra have successfully serviced the commuters during this time and wishes to renew the agreement for a term of five years, and; WHEREAS, Mary Becerra has requested that she be removed from the proposed agreement and replaced with her son Charlie Becerra ; and WHEREAS, it is in the best interest of the Village of Deerfield to extend this agreement with Manuel Becerra and Charlie Becerra. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, that the Village Manager is authorized to execute an agreement, attached, with Mary Becerra and Manuel Becerra to provide concession services at the Deerfield train station for a five year period beginning retroactively as of January 1, 2014, ADOPTED this 3rd day of February , 2014. AYES: Benton, Farkas, Jester, Nadler, Seiden NAYS: None ABSENT: Struthers ABSTAIN: None APPROVED this 3rd day of February , 2014. Mayor ATTEST: Vill ge Clerk CONCESSION AGREEMENT This Agreement, entered into this 3rdday ofFebruaru 2014, by and between the Village of Deerfield, an Illinois home rule municipality, (hereinafter referred to as "Village"), and Manuel Becerra and Charlie Becerra, (hereinafter referred to as "Concessionaire"). WITNESSETH: WHEREAS, the Village is the lessee of the premises commonly known as the Downtown Train Station, located at 860 Deerfield Rd. (hereinafter referred to as "Station"); and has the right to enter into this Agreement with the Concessionaire. WHEREAS, the Village has set aside a portion of the Station (hereinafter referred to as ("Concession Area") for the sale to commuters of coffee, soft drinks, muffins, sweet rolls, candies, newspapers, and other similar items (hereinafter referred to as "Concession Food"); and WHEREAS, the Concessionaire is desirous of using said Concession Area to operate a Food Concession at the Station; NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained; the par ties mutually agree as follows: 1. Demised Premises: The Concession Area is that location shown upon Exhibit A attached hereto and hereby made part hereof, which consists of an area, approximately 9' - 4' x 9' - 6" in size. 2. Term of Agreement: The term of this Agreement shall be for a period of 5 years, commencing retroactively on January 1, 2014 and terminating on December 31, 2018. 3. Concession Fee: The Concessionaire shall pay to the Village the following fee during the periods provided below: YEAR MONTHLY FEE ANNUAL FEE 1 $575.00 $6,900.00 2 $575.00 $6,900.00 3 $575.00 $6,900.00 4 $600.00 $7,200.00 5 $600.00 $7,200.00 4. Manner of Payment: The concession Fee shall be paid at the office of the Village's Director of Finance in the following manner: a. The Fee shall be payable in advance on the 1s' day of each and every month. b. Failure to pay the entire Concession Fee when due shall constitute a breach of this Agreement and shall be grounds for termination of this Agreement by the Village. Security Deposit: a. Concurrent with the execution of this Agreement, the Concessionaire, prior to moving into the demised premises in the Station, shall pay to the Village the sum of $600.00 as security for the prompt, full and faithful performance by the Concessionaire of each and every provision of this Agreement and all of the obligations of the Concessionaire hereunder. In the event the Concessionaire defaults in respect to any of the terms, provisions, and conditions of this Agreement including, but not limited to, the payment of the Concession Fee, the Village may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of Concession Fee, or any other sum as to which the Concessionaire is in default or for any sum which the Village may expend or may be required to expend by reason of the Concessionaire's default in respect to any of the terms, covenants and conditions of this Agreement including, but not limited to, any damages or deficiency in the reletting of the demised premises, whether such damages, or deficiency accrued before or after summary proceedings or other re-entry by the Village. Within sixty (60) days of the termination of this Agreement, and provided the Concessionaire is not in default, the Village shall return to the Concessionaire such amounts that remain as the security deposit at the time of termination. 6. Monthly Statement: a. The Concessionaire shall present a statement of the Monthly Revenue (excluding taxes) of the concession at the office of the Village's Director of Finance monthly within 15 days of the end of each month. Failure to comply shall constitute breach of this Agreement. b. The Concessionaire shall keep accurate records of all sales and receipts in accordance with such bookkeeping systems as the Village may approve; and the Village shall have the right to inspect the books, records and inventories of the Concessionaire at any reasonable time for the purpose of ascertaining the correct rental and other amounts due the Village in terms of this Agreement. Scope of Concession: The Concessionaire shall provide concession food to the public without discrimination as to race, color or creed. Sales shall be limited to food items, and restricted to soft drinks, coffee, tea, shaved ice, candies, sandwiches, popcorn, peanuts, pastries, and such similar items, with the exception that, in addition to the food items listed above, the Concessionaire must sell newspapers. The prices charged by the Concessionaire for services, food and drinks shall be reasonable and shall not be in excess of prices prevailing elsewhere for the same kind and quality of service. a. At no time shall the Concessionaire sell or give any alcoholic beverages, or allow any alcoholic beverages to be consumed on the demised premises. b. The Concessionaire must operate the said concession between the hours of 5:00 a.m. and 9:30 a.m., Monday through Friday, not including the following holidays: January 1, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. C. The Concessionaire shall not allow any person to live or sleep on the demised premises, nor shall he permit disorderly persons to remain upon or loiter within the Concession Area. d. The Concessionaire shall not use or permit the Concession Area to be used for any other purpose than the Food Concession as set forth herein, or for any unlawful, immoral or indecent activity including but not limited to the sale of any tobacco, tobacco products, alcoholic beverages, fireworks, sparklers, obscene materials, or adult -oriented products. The Concessionaire shall confine his activities to the Concession Area. e. The Concessionaire may install not more than three (3) coin operated vending machines for the sale of non-alcoholic cold beverages and dry, pre -packaged, non-perishable food. The machines shall be located within the station as near as practicable to the Concession area as approved by the Village. The Concessionaire shall be responsible for all maintenance and security of the machines, and shall at his cost make any necessary modifications to the electrical system to provide for the safe operation of the machines. The machines shall not block any windows. 8. Alteration, Repairs, and/or Improvements: The Concessionaire shall not make any alterations, repairs, or improvements to the Concession Area without first obtaining the prior written consent of the Village. Requests to make any alterations, repairs, or improvements shall be in writing. Any such permitted alterations, repairs, or improvements shall be made at the expense of the Concessionaire and, with the exception of a vending cart and the security gate delineating the vending area, shall becom a the property of the Village. b. The Concessionaire shall not post any signs without obtaining the prior written consent of the Village. Concessionaire agrees to vacate the premises at the expiration of the agreement and concessionaire shall leave the premises in the same condition as at the commencement date, ordinary wear and tear and loss by fire or other casualty excepted. Any improvements and alterations approved by the Village shall remain on the premises. 9. Maintenance of Concession Area: The Concessionaire shall be responsible for the reasonable and proper care of the Concession Area. He shall repair, or cause to be repaired, any damage to property caused by himself, his employees, agents, guests or patrons. The Concessionaire shall keep and maintain the Concession Area in a clean and sanitary condition and shall provide adequate garbage and refuse containers which shall conform in appearance with existing containers in the Station. 10. Utilities, Taxes and Other Charges: The Concessionaire shall contract for and pay for any taxes or other charges incurred or assessed against the operation of the Food Concession herein granted; provided, however, that the Village shall provide electric and water without charge to the Concessionaire for the sole purpose of operating said Food Concession. 11 Compliance with Law: The Concessionaire shall observe and comply with all laws, statutes, ordinances, rules and regulations of the United States government, the State of Illinois, the County of Lake, and the Village, or any department or agency of the foregoing. The Concessionaire shall obtain and maintain throughout the term of this agreement any and all applicable health and sanitation permits and inspections. Failure to maintain such permits and inspections shall be considered a breach of contract. The Village hereby expressly reserves the right to enter the premises and/or any part thereof at any time in the event of an emergency. Furthermore, the Village may enter the premises after twenty-four (24) hours notice to make inspections and repairs, to exhibit the premises to prospective tenants, purchasers or others, and to perform any acts related to safety, protection, preservation, reletting, sale or improvement of the premises. 12. Equipment: The Concessionaire shall furnish and install at his own expense any equipment, materials, furniture, supplies, etc., required by him for the proper operation of the concession. Concessionaire's equipment shall be placed and installed only upon the written approval of the Village. 13. Destruction of Premises: If during the term of this Agreement the Concession Area is destroyed or damaged by acts of God, war or other catastrophe, so that the same is unfit for occupancy or use, the Concession Fee shall abate until such time that said Concession Area shall have been duly repaired. In the event such repairs have not been made and the Concession Area restored for use by the Concessionaire, the Concessionaire, at his option, may terminate this Agreement or continue there under pursuant to the terms and conditions hereof. A prorated portion of any Concession Fee prepaid prior to such destruction or damage as is contemplated by this paragraph, shall be refunded for the period Concessionaire was not allowed the use of the Concession Area. 14. Subletting and Assignments: The Concessionaire shall not sublet the whole or any part of the Concession Area, nor assign, hypothecate, or mortgage this Agreement, or any or all of its rights hereunder without prior written consent of the Village. 15. Termination: On or after January 1, 2014 both Concessionaire and Village shall have the option of terminating this Agreement by written notice of termination delivered to the other party. The notice of termination shall state the date on which this Agreement shall be terminated. The effective date of termination shall be a minimum of 180 days after the notice of termination is delivered to the non -terminating party. 16. Indemnity: The Concessionaire shall so conduct his activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the Village and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities, including but not limited to, any cost or expenses, including attorney's fees arising from or related to such claim, to persons or property occasioned wholly or in part by the acts or omissions of the Concessionaire, his agents, officers, employees, guests, patrons, or any person or persons admitted to the Concession Area while said premises are used by or under the control of the Concessionaire. 17. Insurance: During the term of the Agreement, the Concessionaire shall purchase and maintain the following insurance, having at least the minimum amount of coverage shown: Public liability insurance in an amount not less than $500,000 per injury and $500,000 per occurrence; Property damage insurance in an amount not less that $1,000,000 and iii. Fire insurance in an amount equal to the replacement value of the, Concession Area and the improvements thereon, as approved in writing by the Village. All insurance required herein shall be secured from an insurance company or companies which shall have been approved by the Director of Finance and the Village Attorney of the Village, and shall name the Village as an additional insured therein. All insurance premiums shall be the obligation of, and shall be paid by, the Concessionaire. All insurance policies and evidence of the initial payments made thereunder shall be delivered to the Director of Finance at the signing of this Agreement, and shall be held by the Village for the term of the Agreement. During the term of this Agreement, the Concessionaire shall also deposit with the Village all evidence of additional premium payments made under said policies. Each insurance policy shall contain a clause whereby the insurance company shall agree to give written notice to the Village Director of Finance 30 days prior to any cancellation or alteration of said policy. 18. Breach of Contract: a. Should the Village become dissatisfied with the operation of the Concession, the Village shall provide written notice to the Concessionaire detailing specific concerns. The Concessionaire shall address these concerns to the Village's satisfaction within 15 days of receipt of such written notice. Failure to cure said deficiencies shall constitute a breach of contract. b. In the event of any breach of any of the terms or provisions of this Agreement, the Village shall have, in addition to any other recourse, the right to terminate this Agreement, to enter and obtain possession of the Concession Area, to remove and exclude any and all persons from the Concession Area, and to remove and exclude all property of the Concessionaire therefrom, all without service of notice or resort to legal process and without any legal liability on its part. 19. Surrender of Premises upon Termination: Upon the termination of this Agreement, the Concessionaire shall peaceably surrender and deliver up to the Village possession of the Concession Area, including all improvements or additions thereto, in good order and condition, reasonable wear and tear excepted. 20, Notice: All notices that are required hereunder, or which either the Village or Concessionaire may desire to serve upon the other party, shall be in writing, and shall be deemed served when delivered personally, or when deposited in the United States certified mail, postage prepaid, return receipt requested, addressed as follows: If to the Village: Village Manager Village of Deerfield 850 Waukegan Road Deerfield, Illinois 60015 If to the Concessionaire: Manuel Becerra Marsal News 3414 Eva Avenue Park City, IL 60085 21 Certifications: The Concessionaire certifies hereby that it is not barred from entering into this Agreement as a result of violations of either Section 33E-3 or Section 33E4 of the Illinois Criminal Code and that it has written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)(4). 22. The terms of this Concession Agreement shall supersede any previous agreement by and between parties. IN WITNESS WHEREOF, the parties hereto have affixed their signatures hereto on the date first above written. VILLAGE OF DEERFIELD Village Manager ATTEST: Deputy Village Clerk CONCESSIONAIRE: Manuel Becerra r VENDOR SCALE: 1/2' =1'-O'