R-07-13RESOLUTION NO. R -07 -13
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, Dan Lanno has provided said services for the past three years pursuant to an agreement with the
Village; and
WHEREAS, the current agreement expires September 30, 2007; and
WHEREAS, Dan Lanno has successfully serviced the commuters during this time and wishes to renew the
agreement for a term of five years, and;
WHEREAS, it is in the best interest of the Village of Deerfield to extend this agreement with Dan Lanno.
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 Dan Lanno to provide concession services at the
Deerfield train station for a five year period beginning October 1, 2007.
ADOPTED this 6th day of August , 2007.
AYES: Benton, Jester, Rc
NAYS: Feldman (1)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 6th day of
ATTEST:
�Q�� Village Clerk
CONCESSION AGREEMENT
This Agreement, entered into this 6th day of August. , 2007, by and between
the Village of Deerfield, an Illinois home rule municipality, (hereinafter referred to as
"Village "), and Dan Lanno, (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 parties 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 on or about October 1, 2007 and terminating on
September 30, 2012.
3. Concession Fee: The Concessionaire shall pay to the Village the
following fee during the periods provided below:
YEAR MONTHLY FEE ANNUAL FEE
1 $525.00 $6,300.00
2 $525.00 $6,300.00
3 $525.00 $6,300.00
4 $550.00 $6,600.00
5 $550.00 $6,600.00
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 1St 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.
5. 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 $500.00 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.
7. 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 two (2) 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.
a. 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 become the.property of the Village.
b. The Concessionaire shall not post any signs without obtaining the
prior written consent of the Village.
C. 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:
a. 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.
b. 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
4
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 September 30, 2010 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:
a. 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;
ii. 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.
b. 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: If to the Concessionaire:
Village Manager Dan Lanno.
Village of Deerfield 5414 N OctaVia
850 Waukegan Road _ Chicago, IL 60656
Deerfield, Illinois 60015
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
Vill a Manager
ATTEST:
Q"� /_ ". -
V L/
laVillage Clerk
CONCESSIONAIRE:
0..i
Dan Lanno
VENDOR 2
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