Ordinance 2012-37 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-37
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING A FIRST AMENDMENT TO A CONCESSION
LEASE AGREEMENT WITH RIVER CITY ROASTERS
(NORTHERN PORTION OF 131 E. HYDRAULIC AVENUE)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 23`d day of October, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County,Illinois on November 7, 2012.
Ordinance No. 2012-37
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING A FIRST AMENDMENT TO A CONCESSSION
LEASE AGREEMENT WITH RIVER CITY ROASTERS
(NORTHERN PORTION OF 131 E. HYDRAULIC AVENUE)
WHEREAS, the United City of Yorkville (" the City") is a duly organized, and validly
existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution
and the laws of the State of Illinois; and,
WHEREAS, the City is authorized pursuant to section 11-76-1 of the Illinois Municipal
Code (65 ILCS 5/11-76-1) to lease real estate owned by the City when it is no longer necessary,
appropriate, required for the use of, profitable to, or for the best interest of the City; and,
WHEREAS, the City and River City Roasters (the "Lessee") entered into a lease
agreement as approved by Ordinance No. 2011-23 on June 14, 2011 for the northern portion of
the building at 131 E. Hydraulic Avenue for the purpose of operating a food concession business;
and,
WHEREAS, Lessee has requested to expand its list of permitted goods that it may sell
pursuant to the Concession Lease.
WHEREAS, the Corporate Authorities of the United City of Yorkville hereby find that it
is in the best interest of the City to amend said lease.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the First Amendment to a Concession Lease Agreement, a copy of
which is attached hereto and incorporated herein as Exhibit A, is hereby approved.
Section 2. That the Mayor and City Clerk are hereby authorized to execute and deliver
said Agreement on behalf of the City.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this o?3 day of OCTO 6E2 , 2012.
LCIQ. �ua��
?UT y CITY CLERK
Ordinance No. 2012-_W
Page 2
ROSE SPEARS y DIANE TEELING - V
KEN KOCH y JACKIE MILSCHEWSKI y
CHRIS FUNKHOUSER y MARTY MUNNS
CARLO COLOSIMO LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
5 day of N0VC-M,1 6R— , A.D. 2012.
MAYOR
Ordinance No. 2012-Z7
Page 3
FIRST AMENDMENT TO THE
CONCESSION LEASE AGREEMENT
(Riverfront Park)
This FIRST AMENDMENT TO THE CONCESSION LEASE AGREEMENT ("First
Amendment")made and entered into this 5 day of n/o VErn 8f2 , 2012, by and
between the United City of Yorkville, a municipal corporation, hereinafter referred to as
"City," and Erick Goepel doing business as River City Roasters, hereinafter referred to as
"Lessee."
WITNESSETH:
WHEREAS, after due consideration of written proposals for the operation of a
concession snack shop at Riverfront Park, the City entered into a Concession Lease
Agreement ("Concession Lease") dated June 23, 2011 with Lessee, and
WHEREAS, Lessee has requested to expand its list of permitted goods that it may
sell pursuant to the Concession Lease.
NOW, THERFORE,the City and Lessee agree to amend the Concession Lease as
follows:
A. Paragraph 1 of the Concession Lease is amended to read as follows:
1. PURPOSE
It is the intent of this First amendment to the Concession Lease to provide an
exclusive privilege for a food and beverage concession operation for the sale of
coffee and other beverages and sandwiches and other food(except chewing gum,
beer, wine, tobacco products and intoxicating liquors) and the sale of musical
instruments, art and other coffee shop related curios and knickknacks at Riverfront
Park. All food stuff and commodities sold by Lessee shall be of the best quality, all
service prompt and courteous, all personnel shall be clean and presentable and the
facility, including all equipment, shall be kept in accordance with required health
standards and the ordinances of the City.
B. That paragraph 3.i. of the Concession Lease is amended to read as follows:
3.i. The Lessee shall be permitted to operate a business offering the following goods
and services in the premises defined herein, without further action by the City, and all
other uses and operations must be approved by the City:
1. Food and beverages for consumption on- and off-premises.
2. The Lessee shall not permit any alcoholic beverages to be sold or
consumed on the premises during the term of this Agreement; unless
approval is received from the City and all required permit and insurance
requirements are met.
3. Musical instruments, art and other coffee shop related curios and knick
knacks.
C. All remaining terms,not amended by this First Amendment, of the Concession Lease
shall remain in full force and effect
IN WITNESS WHEREOF,the parties hereto have caused this First Amendment to be
executed by the persons duly authorized thereto the day and year first hereinabove
written.
The U 'ted City of Yorkville
—N'�rjw j /
f
Mayo
Attest:
(X�a
'Df,{�TY City Clerk
Lessee:
Erick Goepel, d/b/a VvI7,t,/Roasters