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HomeMy WebLinkAboutOrdinances - ORD-18-1889 - 08/06/2018 - DYN McHenry Commons Hauted House Lease AgreementCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1889 An Ordinance Authorizing the execution of a Temporary License Agreement between the City of McHenry, an Illinois Municipal Corporation and DYN McHenry Commons, LLC, an Illinois Liability Company in the City of McHenry, McHenry County, Illinois Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois August 6, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 6th day of August, 2018. Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNICIPAL CORPORATION AND DYN MCHENRY COMMONS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, DYN McHenry Commons, LLC, ("Licensee) holds title to 2,800 square feet of space, commonly known as 2034 and 2038 N Richmond Road ("Licensed Area"); and WHEREAS, the City of McHenry ("Licensor") desires to obtain a license from licensee at the Licensed Premises with the right to manage, operate and maintain a Haunted House thereon; and NOW; THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Temporary License Agreement ("Agreement"), bearing the date of August 6, 2018 between the Licensee and Licensor is hereby approved. A complete and accurate copy of said Agreement is attached to this ordinance and incorporated herein by reference as Exhibit "A." SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. 3 Department of Economic Development McHenry Municipal Center -'v PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: `(U ~ APPROVED THIS DAY OF r) .S , 2018 ATTEST: CITY CLERK 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us h� vC 15Xrlpt ' CI Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Temporary License Agreement 5 s i I A ti x ■ prod puowy�id N It ►nod �le#S 4A � F,Jum A Q` {i. w N eye n LL ' 0 00 O o r' e-I N N O N LAw InCD N , LL O. VJ In O N Ul O O �Oy � O � N i O a C slow;iia N C LL GJ v) oo ;` ?' CDCD r Oi L N NMI MINNA Low C Lm rm sammoff = O map �. y O — a' um U Lim 61%a In MEN rm O 2 O i l a N 5, N = c� v� O r i? Z E - 0 -, o ' o o � a N Vf Z n m -- GJ o c O L 0 N N No e a - O N Lin 0 `INA N rl La MIN 1. O � InG �. O N a1 7 LL Ln N CD 00 co N O N TEMPORARY LICENSE AGREEMENT �— THIS TEMPORARY LICENSE AGREEMENT ("License") is made as of ' d;- A ,%ci it e� 2018, between Dyn McHenry Commons, LLC, an Illinois limited liability company ("Licensor") and the City of McHenry, an Illinois municipal corporation ("Licensee"). 1. License Area. Licensor grants to Licensee, a temporary license to use the premises depicted as the "Licensed Area" on Exhibit A consisting of approximately 2,800 square feet of space, and commonly known as 2034 and 2038 Richmond Road, McHenry, Illinois (the "Licensed Area") upon the terms of this License. The Licensed Area is located in the McHenry Commons Shopping Center ("Shopping Center"), McHenry, Illinois. Licensee has inspected the Licensed Area and determined that the Licensed Area is safe, properly designed and maintained for Licensee's intended purposes. Licensee accepts the Licensed Area "AS IS" with no representation or warranty by Licensor as to the condition thereof and Licensor has no obligation to improve or repair the Licensed Area. Licensee may install a locking doorway in the existing wall that divides the Licensed Area, provided Licensor approves the location and plans for the same, such approval not to be unreasonably withheld. 2. Term. The Term of this License commences on August 15, 2018 and ends November 15, 2018, unless earlier revoked or terminated by Licensor as provided herein. 3. License Fee. Licensee shall pay Licensor for the Term of this License the following amounts (prorated for any partial month): A. a Fixed License Fee of $3,245.00 per month, in advance upon the first day of each and every month during the Term (unless the Term begins on a date other than the first of the month, in which case the first payment shall be made upon commencement of the Term). Notwithstanding the foregoing, Fixed License Fee payments shall not accrue or be due prior to July 10, 2018. 4. Use. The Licensed Area shall be used solely for the purpose of the operation of a community haunted house operating under the trade name "Jaycee's Haunted House" and for no other purpose whatsoever. 5. Common Areas. Licensor grants Licensee the non-exclusive right to use the common areas of the Shopping Center ("Common Areas") solely for the purpose of parking and access, in common with all others entitled to use the same. Licensee's employees shall park in areas designated by Licensor. 6. Insurance. Licensee shall carry Commercial General liability insurance on the Licensed Area and Common Areas during the Term, covering the Licensee and naming the Licensor as an additional insured with terms and companies satisfactory to Licensor, for limits of not less than $2,000,000 for death or bodily injury for any one occurrence, $500,000 property damage insurance, and workers compensation coverage as required by law. Licensee's insurance shall be primary and noncontributory, and will include a waiver of subrogation provision in favor of Licensor and Licensor's officers, employees and agents, contractual liability coverage recognizing this License, , will provide that Licensor shall be given a minimum of 10 days' written notice by the insurer prior to cancellation, termination or other material change in such insurance. Licensee also shall carry all-risk insurance, for full replacement value, covering all of Licensee's merchandise, trade fixtures and all other property of Licensee or others placed or present on or about the Licensed Area, Shopping Center and/or adjacent areas. Licensee shall provide Licensor with copies of the certificate(s) (in the form attached hereto or as otherwise required by Licensee) evidencing that such insurance is in full force and effect and stating the terms thereof upon demand. Licensee's failure to obtain the required insurance policies or to provide Licensor with any required certificates shall not be deemed a waiver of Licensee's obligation to provide the insurance required under this License. To the fullest extent permitted by law, Licensee and all parties claiming under Licensee release and discharge Licensor and Licensor's officers, employees and agents from all claims and liabilities arising from or caused by any casualty or hazard covered or required hereunder to be covered in whole or in part by property insurance, even if caused by the negligence of Licensor and/or Licensor's officers, employees and/or agents, and Licensee waives any right of subrogation which might otherwise accrue. 8. Waiver. To the fullest extent permitted by law, Licensor, its agents and employees, shall not be liable for, and Licensee releases and waives all claims for death or injury to persons) and damage, loss or theft to property sustained by Licensee or any person claiming through Licensee resulting from any accident or occurrence in or upon the License Area, Shopping Center and/or adjacent areas, including, but not limited to, claims arising from: (a) Licensor's failure to keep any part of the Licensed Area, Shopping Center and/or adjacent areas in repair; (b) wind, water, or other natural element; (c) electric wiring or installation thereof, gas, water, and steam pipes, stairs, porches, railings, curbs, gutters, walks or pavement; (d) broken glass; (e) the escape of steam or hot water, (1) water, snow or ice; (g) the falling of any fixture, plaster or stucco; (h) theft, vandalism, breakage, criminal acts, riot; or (i) acts or omissions of persons Page 1 of 3 in the Licensed Area or any other persons, including without limitation, Licensor, its officers, employees or agents; even if caused by the negligence of the Licensor and/or Licensor's officers, employees and/or agents. All property kept in the Licensed Area shall be at Licensee's sole risk. 9. Indemnification. To the fullest extent permitted by law, Licensee shall indemnify, defend and hold harmless Licensor, its officers, employees and agents, from and against any and all liability, liens, claims, damages, expenses (including attorneys' fees), fines, penalties, suits, proceedings, action and causes of action arising or related in any way to Licensee's use of the Licensed Area, Shopping Center and/or adjacent areas, including without limitation, any death or injury to person(s) or any damage, loss or theft of property, even if caused by the negligence of the Licensor and/or Licensor's officers, employees and/or agents. 10. Safety and Security. Notwithstanding any provision in this License or any law to the contrary, Licensee agrees that: (a) Licensee shall be solely and exclusively responsible for, and Licensee shall take all necessary precautions for, the safety, security and protection of Licensee and Licensee's officers, employees, agents, vendors, contractors, customers, and invitees (and all of their property) while present on or about the Licensed Area, Shopping Center and/or adjacent areas, and (b) Licensor shall not have any duty or obligation to provide for the safety, security and protection of, or to take any precautions for, Licensee or Licensee's officers, employees, agents, vendors, contractors, customers and/or invitees. 11. Rules and Regulations. Licensee, and Licensee's employees and agents, shall comply with the Rules and Regulations attached hereto as Exhibit B, and as may be amended or supplemented from time to time by Licensor. 12. Maintenance. Licensee shall keep the Licensed Area in a clean, sanitary, safe condition, and good order, condition and repair. Licensee will not paint, decorate, alter or change any part of the Licensed Area, nor place any sign, awning, canopy, advertising matter, decoration, lettering or other thing of any kind on any door, window or wall of the Licensed Area without Licensor's written approval. If Licensee fails to obtain such approval, Licensor may remove or change any of the foregoing. Licensor shall not be obligated to make repairs or replacements of any kind upon or to the Licensed Area nor any equipment, facilities or fixtures therein contained. At the expiration, revocation or termination of the Term, Licensee shall surrender the Licensed Area in good condition and repair (reasonable wear and tear excepted), with all carpets/flooring cleaned, and all installations made by Licensee removed. Licensee will not use, install, permit, hold, release or dispose of any hazardous material on, under or at the Licensed Area or the Shopping Center. 13. Signs• Licensee may install a single wall sign on the external front wall of the Licensed Area at Licensee's sole cost. The exact size, color, design, and placement of such sign shall be subject to Licensor's prior written approval, however, under no circumstances may Licensee's exterior building signage exceed the maximum amount permitted under code without variance and/or limit the square footage available to other tenants. Upon vacating the Licensed Area, the Licensee shall remove such wall sign and restore the external wall of the Licensed Area to its original condition, at Licensee's cost. Except as provided in this Section, no other signs shall be installed or maintained at, on, or about the Licensed Area. Licensee shall not place on any exterior door or window of the Licensed Area any signs or advertising matter. Licensee, at Licensee's sole cost and expense, shall be entitled to install one sign panel (a "Panel") identifying the name of Licensee's business on each side of the existing pylon sign ("Pylon") serving the Shopping Center of a size and in the position as determined by Licensor. Licensee shall submit such signage to Licensor for Licensor's review and approval. Licensee acknowledges that it is responsible for the fabrication and installation of Licensee's Panels, and Licensee, at Licensee's sole cost and expense. 14. Utilities. Licensee shall be pay Licensor monthly for all utility charges related to the use of the Licensed Area as determined by Licensor. 15. Late Charge. Licensee shall pay Licensor a service charge equal to the greater of one hundred dollars or ten percent of the past due sum for any late payment. Interest shall also accrue on all past due sums at an annual rate of eighteen percent. If any check of Licensee is returned for any reason, Licensee shall pay Licensor fifty dollars as a handling charge in addition to any applicable late charge. 16. Relocation. Licensor reserves the right to relocate the Licensed Area any time to any location within the Shopping Center, at Licensee's sole cost and expense. 17. Default. Licensor reserves the right to terminate this License or Licensee's right to use the Licensed Area upon twenty-four hours written notice delivered to Licensee or posted on the Licensed Area if Licensee fails to perform any term contained herein, in addition to all other rights or remedies available at law or in equity. Licensee will reimburse Page 2 of 3 Licensor for all costs and expenses, including reasonable attorneys' fees, incurred by Licensor related to any litigation involving this License. 10. Limitation. Notwithstanding any provision herein to the contrary, any liability of Licensor shall be limited to Licensor's interest in the Shopping Center. Upon the transfer of Licensor's interest in this License to any transferee, Licensor shall be released from any liability under this License, provided, this License shall not terminate due to any such transfer. In no event shall Licensor be liable for consequential, incidental or punitive damages. 20. No Lease. Licensee agrees that no lease or other interest in land is created by this License and no foreclosure, eviction, forcible entry or detainer, or other statutory proceeding for the recovery of real property shall be required for Licensor to terminate this License and all rights of Licensee hereunder. Upon expiration, revocation or termination of the Term or Licensee's rights hereunder, Licensee agrees that Licensee shall be deemed a trespasser. 21. Entire Agreement. This License contains the entire agreement between the parties, oral or written, and all prior negotiations or agreements are superseded and merged herein. This License may only be modified by a writing signed by the parties. This License is personal to, and non -assignable by, Licensee. Licensor shall not be deemed to have waived any term hereof unless such waiver is in writing and signed by Licensor, and no waiver of any violation of any term of this License shall be implied by any neglect of Licensor to enforce any remedy arising from such violation, or if such violation is continued or repeated. 22. TERMINATION. NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, LICENSEE AGREES THAT LICENSOR SHALL HAVE THE OPTION OF REVOKING OR TERMINATING THIS LICENSE UPON 72 HOURS WRITTEN NOTICE DELIVERED TO LICENSEE OR POSTED ON THE LICENSED AREA, AT LICENSOR'S SOLE AND ABSOLUTE DISCRETION, WITH OR WITHOUT CAUSE. LICENSEE AGREES THAT IT IS RECEIVING ADVANTAGEOUS ECONOMIC TERMS IN EXCHANGE FOR THIS REVOCATION OR TERMINATION OPTION, THAT SUCH REVOCATION OR TERMINATION OPTION IS AN ESSENTIAL TERM OF THIS LICENSE, AND THAT LICENSOR WOULD NOT HAVE ENTERED INTO THIS LICENSE ABSENT SUCH REVOCATION OR TERMINATION OPTION. LICENSOR: Dyn McHenry Commons, LLC By: Its: Address: Phone: 111[�1�IQ6y�D�i City of McHenry rnone:�/S-3�,3 �L/� Page 3 of 3 m z 0 x r, I EXHIBIT "A" LICENSED AREA RICHMOND RD. lAV Vlb E-7KV7 —7 License) drex F-- —7 - -- --- ----- r--- ------- 1 N- ajli N.t to .k, = ant . rvrwntmim, I. Shopping Center F-1 EXHIBIT "B" RULES AND REGULATIONS L. Licensee shall not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Licensed Area or outside the Licensed Area. 2. Licensee shall not permit any supplies, storage boxes or refuse emanating from the Licensed Area to accumulate in the Shopping Center areas, and be responsible for the neat, clean appearance of the Licensed Area and immediately surrounding areas. Licensee agrees to leave the Licensed Area in a neat, broom clean condition and to pay, or forfeit damage and cleaning deposit or any portion thereof as Licensor deems necessary, to restore Licensed Area to the same condition as existed before Licensee's set-up. 3. Licensee shall store garbage, trash, rubbish and other refuse in rat -proof and insect -proof containers inside the Licensed Area and out of public view, and remove the same as directed by Licensor, at Licensee's cost and shall be responsible for placing all garbage and refuse in designated receptacles outside the Shopping Center. 4. Any signs at the Licensed Area shall be of professional quality, stating only the name of business or reason for display, and shall be subject to Licensor's prior approval as to size, quality, appearance, and content. 5. Licensee shall not permit the sale of food or beverages. 6. Licensee shall not use, drink, serve, sell or keep alcoholic beverages of any kind whatsoever on Licensed Area. 7. Licensee shall not permit loitering at the Licensed Area or in the Shopping Center. 8. Licensee shall not permit any sound system to be audible or any lights or objectionable advertising medium to be visible outside the Licensed Area and shall not permit the playing of any musical instruments, radio or television unless specially approved in advance by Licensor, or the use of a microphone, load speaker, flashing or rotating lights, or permit any distraction at or about the Licensed Area. 9. Licensee shall not permit or cause odors to emanate or be dispelled from the Licensed Area. 10. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purpose by Licensor. Licensee shall not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefore, nor permit any use of vehicles that will interfere with the use of the Common Areas. 11. Licensee shall provide Licensor with local emergency telephone numbers, local address and permanent address for Licensee. 12. Licensee shall park and cause to park all personal vehicles and those of his employees or organization in spaces in the parking lot farthest removed from the Shopping Center. No delivery vehicles, trucks, vans, trailers, or other vehicles shall be parked in the Shopping Center overnight, nor shall any delivery vehicles, trucks, vans, trailers, or other vehicles which bear Licensee's name and/or any advertising be parked in the Shopping Center at any time. 13. Licensor retains the right to remove or cause to be removed any merchandise, display or portion of display or individual or firm which fails to comply with Licensor's rules and regulations or for any other reason at Licensor's sole discretion. 14. Licensee shall not solicit business or distribute advertising matters in the Common Areas and shall not "hawk" or "intercept" Shopping Center patrons nor otherwise impede the normal flow of pedestrian traffic in any manner. 15. Licensee shall be solely responsible for obtaining any licenses or permits that are required by any governmental agency or authority with respect to the Licensee's use of the Licensed Area. 16. Licensee shall be responsible for its own security and the security of its customers at all times. 17. Licensee shall not place any load on any floor in the Shopping Center that exceeds the design capacity for it. 18. Licensee shall comply with all laws, ordinances, rules and regulations of any governmental, public, private or other authorities and agencies, including those with authority over insurance rates, with respect to the Licensed Area. 19. Licensor reserves the right from time to time to amend or supplement said rules and regulations, and to adopt and promulgate additional rules and regulations applicable to the Licensed Area and/or Shopping Center. 20. At Licensee's sole cost and expense, Licensee shall be permitted to remove the carpet from the Licensed Area. MCHEARE-02 HEATHERS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMID D/YYYY)08/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT H Nry , Et): (815) 385-8660 n/c, No :(815) 385-8727 Insurance Services HQ LLC 904 S Route 31 Mc Henry, IL 60050 ADDRE : INSURERS AFFORDING COVERAGE NAIC # INSURER A: Capital SpecialSpecialy Ins. Co INSURED INSURER B : INSURER C : The McHenry Area Jaycees INSURER D : PO Box 163 McHenry, IL 60051 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICDY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS -MADE X OCCUR X X CS18005101-01 08/15/2018 11/30/2018 DAMAGE TO RENTED PREMISE E o urr 100,000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PRO 71 LOC JECT GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 21000,000 OTHER: AUTOMOBILE LIABILITY EOMBIINED SINGLE LIMIT $ BODILY INJURY Perperson) $ ANY AUTO BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS SSyy PROPERTY DAMAGE Per accident AUTOS ONLY AUOTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OTH- PTATUTE I ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A I E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 2018 Haunted House located at 2038 & 2034 North Richmond Road, Mchenry II 60050. City of Mchenry is named as an additional Insured on a Primary & Non- Contributory Basis with a Waiver of Subrogation rI7DTIFICATP 14n1 DER CANCF_L LATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MCHENRY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 333 S GREEN ST MCHENRY, IL 60050 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT ("License") is made as of AvyA if 2018, between Dyn McHenry Cormnons, LLC, an Illinois limited liability company ("Licensor") and the City of McHenry, an Illinois municipal corporation ("Licensee"). 1. License Area. Licensor grants to Licensee, a temporary license to use the premises depicted as the "Licensed Area" on Exhibit A consisting of approximately 2,800 square feet of space, and cormnonly known as 2034 and 2038 Richmond Road, McHenry, Illinois (the "Licensed Area") upon the teens of this License. The Licensed Area is located in the McHenry Commons Shopping Center ("Shopping Center"), McHenry, Illinois. Licensee has inspected the Licensed Area and detennined that the Licensed Area is safe, properly designed and maintained for Licensee's intended purposes. Licensee accepts the Licensed Area "AS IS" with no representation or warranty by Licensor as to the condition thereof and Licensor has no obligation to improve or repair the Licensed Area. Licensee may install a locking doorway in the existing wall that divides the Licensed Area, provided Licensor approves the location and plans for the same, such approval not to be unreasonably withheld. 2. Tenn. The Tenn of this License commences on August 15, 2018 and ends November 15, 2018, unless earlier revoked or terminated by Licensor as provided herein. 3. License Fee. Licensee shall pay Licensor for the Term of this License the following amounts (prorated for any partial month): A. a Fixed License Fee of $3,245.00 per month, in advance upon the first day of each and every month during the Term (unless the Tenn begins on a date other than the first of the month, in which case the first payment shall be made upon commencement of the Term). Notwithstanding the foregoing, Fixed License Fee payments shall not accrue or be due prior to July 10, 2018. 4. Use. The Licensed Area shall be used solely for the purpose of the operation of a community haunted house operating under the trade name "Jaycee's Haunted House" and for no other purpose whatsoever. 5. Common Areas. Licensor grants Licensee the non-exclusive right to use the common areas of the Shopping Center ("Common Areas") solely for the purpose of parking and access, in conunon with all others entitled to use the same. Licensee's employees shall park in areas designated by Licensor. 6. Insurance. Licensee shall carry Commercial General liability insurance on the Licensed Area and Common Areas during the Terns, covering the Licensee and naming the Licensor as an additional insured with terms and companies satisfactory to Licensor, for limits of not less than $2,000,000 for death or bodily injury for any one occurrence, $500,000 property damage insurance, and workers compensation coverage as required by law. Licensee's insurance shall be primary and noncontributory, and will include a waiver of subrogation provision in favor of Licensor and Licensor's officers, employees and agents, contractual liability coverage recognizing this License, , will provide that Licensor shall be given a minimum of 10 days' written notice by the insurer prior to cancellation, termination or other material change in such insurance. Licensee also shall carry all-risk insurance, for full replacement value, covering all of Licensee's merchandise, trade fixtures and all other property of Licensee or others placed or present on or about the Licensed Area, Shopping Center and/or adjacent areas. Licensee shall provide Licensor with copies of the certificate(s) (in the form attached hereto or as otherwise required by Licensee) evidencing that such insurance is in full force and effect and stating the terms thereof upon demand. Licensee's failure to obtain the required insurance policies or to provide Licensor with any required certificates shall not be deemed a waiver of Licensee's obligation to provide the insurance required under this License. To the fullest extent pennitted by law, Licensee and all parties claiming under Licensee release and discharge Licensor and Licensoe's officers, employees and agents from all claims and liabilities arising from or caused by any casualty or hazard covered or required hereunder to be covered in whole or in part by property insurance, even if caused by the negligence of Licensor and/or Licensoe's officers, employees and/or agents, and Licensee waives any right of subrogation which might otherwise accrue. 8. Waiver. To the fullest extent permitted by law, Licensor, its agents and employees, shall not be liable for, and Licensee releases and waives all claims for death or injury to person(s) and damage, loss or theft to property sustained by Licensee or any person claiming through Licensee resulting from any accident or occurrence in or upon the License Area, Shopping Center and/or adjacent areas, including, but not limited to, claims arising from: (a) Licensoe's failure to keep any part of the Licensed Area, Shopping Center and/or adjacent areas in repair; (b) wind, water, or other natural element; (c) electric wiring or installation thereof, gas, water, and steam pipes, stairs, porches, railings, curbs, gutters, walks or pavement; (d) broken glass; (e) the escape of steam or hot water, (0 water, snow or ice; (g) the falling of any fixture, plaster or stucco; (h) theft, vandalism, breakage, criminal acts, riot; or (i) acts or omissions of persons Pagel of 3 in the Licensed Area or any other persons, including without limitation, Licensor, its officers, employees or agents; even if caused by the negligence of the Licensor and/or Licenser's officers, employees and/or agents. All property kept in the Licensed Area shall be at Licensee's sole risk. 9. Indemmiification. To the fullest extent permitted by law, Licensee shall indemnify, defend and hold harniless Licensor, its officers, employees and agents, from and against any and all liability, liens, claims, damages, expenses (including attorneys' fees), fines, penalties, suits, proceedings, action and causes of action arising or related in any way to Licensee's use of the Licensed Area, Shopping Center and/or adjacent areas, including without limitation, any death or injury to person(s) or any damage, loss or theft of property, even if caused by the negligence of the Licensor and/or Licensor's officers, employees and/or agents. 10. Safety and Security Notwithstanding any provision in this License or any law to the contrary, Licensee agrees that: (a) Licensee shall be solely and exclusively responsible for, and Licensee shall take all necessary precautions for, the safety, security and protection of Licensee and Licensee's officers, employees, agents, vendors, contractors, customers, and invitees (and all of their property) while present on or about the Licensed Area, Shopping Center and/or adjacent areas, and (b) Licensor shall not have any duty or obligation to provide for the safety, security and protection of, or to take any precautions for, Licensee or Licensee's officers, employees, agents, vendors, contractors, customers and/or invitees. 11. Rules and Regulations. Licensee, and Licensee's employees and agents, shall comply with the Rules and Regulations attached hereto as Exhibit B, and as may be amended or supplemented from time to time by Licensor. 12. Maintenance. Licensee shall keep the Licensed Area in a clean, sanitary, safe condition, and good order, condition and repair. Licensee will not paint, decorate, alter or change any part of the Licensed Area, nor place any sign, awning, canopy, advertising matter, decoration, lettering or other thing of any kind on any door, window or wall of the Licensed Area without Licensor's written approval. If Licensee fails to obtain such approval, Licensor may remove or change any of the foregoing. Licensor shall not be obligated to make repairs or replacements of any kind upon or to the Licensed Area nor any equipment, facilities or fixtures therein contained. At the expiration, revocation or termination of the Terns, Licensee shall surrender the Licensed Area in good condition and repair (reasonable wear and tear excepted), with all carpets/flooring cleaned, and all installations made by Licensee removed. Licensee will not use, install, permit, hold, release or dispose of any hazardous material on, under or at the Licensed Area or the Shopping Center. 13. Signs. Licensee may install a single wall sign on the external front wall of the Licensed Area at Licensee's sole cost. The exact size, color, design, and placement of such sign shall be subject to Licensor's prior written approval, however, under no circumstances may Licensee's exterior building signage exceed the maximum amount permitted under code without variance and/or limit the square footage available to other tenants. Upon vacating the Licensed Area, the Licensee shall remove such wall sign and restore the external wall of the Licensed Area to its original condition, at Licensee's cost. Except as provided in this Section, no other signs shall be installed or maintained at, on, or about the Licensed Area. Licensee shall not place on any exterior door or window of the Licensed Area any signs or advertising matter. Licensee, at Licensee's sole cost and expense, shall be entitled to install one sign panel (a "Panel") identifying the name of Licensee's business on each side of the existing pylon sign ("Pylon") serving the Shopping Center of a size and in the position as determined by Licensor. Licensee shall submit such signage to Licensor for Licensor's review and approval. Licensee acknowledges that it is responsible for the fabrication and installation of Licensee's Panels, and Licensee, at Licensee's sole cost and expense. 14. Utilities. Licensee shall be pay Licensor monthly for all utility charges related to the use of the Licensed Area as determined by Licensor. 15. Late Charge. Licensee shall pay Licensor a service charge equal to the greater of one hundred dollars or ten percent of the past due sum for any late payment. Interest shall also accrue on all past due sums at an annual rate of eighteen percent. If any check of Licensee is returned for any reason, Licensee shall pay Licensor fifty dollars as a handling charge in addition to any applicable late charge. 16. Relocation. Licensor reserves the right to relocate the Licensed Area any time to any location within the Shopping Center, at Licensee's sole cost and expense. 17. Default. Licensor reserves the right to terminate this License or Licensee's right to use the Licensed Area upon twenty-four hours written notice delivered to Licensee or posted on the Licensed Area if Licensee fails to perform any tern contained herein, in addition to all other rights or remedies available at law or in equity. Licensee will reimburse Page 2 of 3 Licensor for all costs and expenses, including reasonable attorneys' fees, incurred by Licensor related to any litigation involving this License. 18. Limitation. Notwithstanding any provision herein to the contrary, any liability of Licensor shall be limited to Licensor's interest in the Shopping Center. Upon the transfer of Licensor's interest in this License to any transferee, Licensor shall be released from any liability under this License, provided, this License shall not tenninate due to any such transfer. In no event shall Licensor be liable for consequential, incidental or punitive damages. 20. No Lease. Licensee agrees that no lease or other interest in land is created by this License and no foreclosure, eviction, forcible entry or detainer, or other statutory proceeding for the recovery of real property shall be required for Licensor to terminate this License and all rights of Licensee hereunder. Upon expiration, revocation or termination of the Term or Licensee's rights hereunder, Licensee agrees that Licensee shall be deemed a trespasser. 21. Entire Agreement. This License contains the entire agreement between the parties, oral or written, and all prior negotiations or agreements are superseded and merged herein. This License may only be modified by a writing signed by the parties. This License is personal to, and non -assignable by, Licensee. Licensor shall not be deemed to have waived any term hereof unless such waiver is in writing and signed by Licensor, and no waiver of any violation of any tern of this License shall be implied by any neglect of Licensor to enforce any remedy arising fiom such violation, or if such violation is continued or repeated. 22. TERMINATION. NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, LICENSEE AGREES THAT LICENSOR SHALL HAVE THE OPTION OF REVOKING OR TERMINATING THIS LICENSE UPON 72 HOURS WRITTEN NOTICE DELIVERED TO LICENSEE OR POSTED ON THE LICENSED AREA, AT LICENSOR'S SOLE AND ABSOLUTE DISCRETION, WITH OR WITHOUT CAUSE. LICENSEE AGREES THAT IT IS RECEIVING ADVANTAGEOUS ECONOMIC TERMS IN EXCHANGE FOR THIS REVOCATION OR TERMINATION OPTION, THAT SUCH REVOCATION OR TERMINATION OPTION IS AN ESSENTIAL TERM OF THIS LICENSE, AND THAT LICENSOR WOULD NOT HAVE ENTERED INTO THIS LICENSE ABSENT SUCH REVOCATION OR TERMINATION OPTION. LICENSOR: Dyn McHenry Commons, LLC A By: Its: Ako-- r4. Address: $f?( &,cek Rk Phone: � (, +f y LICENSEE: City of McHenry By: J Its: ,r— Addres : 33S S c Phone: ,SI <�--3L: Page 3 of 3 EXHIBIT "A" LICENSED AREA RICHMOND RD. z F- --I Lj Shopping Center EXHIBIT "B" RULES AND REGULATIONS L. Licensee shall not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Licensed Area or outside the Licensed Area. 2. Licensee shall not permit any supplies, storage boxes or refuse emanating from the Licensed Area to accumulate in the Shopping Center areas, and be responsible for the neat, clean appearance of the Licensed Area and immediately surrounding areas. Licensee agrees to leave the Licensed Area in a neat, broom clean condition and to pay, or forfeit damage and cleaning deposit or any portion thereof as Licensor deems necessary, to restore Licensed Area to the same condition as existed before Licensee's set-up. 3. Licensee shall store garbage, trash, rubbish and other refuse in rat -proof and insect -proof containers inside the Licensed Area and out of public view, and remove the same as directed by Licensor, at Licensee's cost and shall be responsible for placing all garbage and refuse in designated receptacles outside the Shopping Center. 4. Any signs at the Licensed Area shall be of professional quality, stating only the name of business or reason for display, and shall be subject to Licensor's prior approval as to size, quality, appearance, and content. 5. Licensee shall not permit the sale of food or beverages. 6. Licensee shall not use, drink, serve, sell or keep alcoholic beverages of any kind whatsoever on Licensed Area. 7. Licensee shall not permit loitering at the Licensed Area or in the Shopping Center. 8. Licensee shall not permit any sound system to be audible or any lights or objectionable advertising medium to be visible outside the Licensed Area and shall not permit the playing of any musical instruments, radio or television unless specially approved in advance by Licensor, or the use of a microphone, load speaker, flashing or rotating lights, or permit any distraction at or about the Licensed Area, 9. Licensee shall not permit or cause odors to emanate or be dispelled from the Licensed Area. 10. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purpose by Licensor. Licensee shall not pen -nit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefore, nor pennit any use of vehicles that will interfere with the use of the Common Areas. 11. Licensee shall provide Licensor with local emergency telephone numbers, local address and permanent address for Licensee. 12. Licensee shall park and cause to park all personal vehicles and those of his employees or organization in spaces in the parking lot farthest removed from the Shopping Center. No delivery vehicles, trucks, vans, trailers, or other vehicles shall be parked in the Shopping Center overnight, nor shall any delivery vehicles, trucks, vans, trailers, or other vehicles which bear Licensee's name and/or any advertising be parked in the Shopping Center at any time. 13. Licensor retains the right to remove or cause to be removed any merchandise, display or portion of display or individual or firm which fails to comply with Licensor's rules and regulations or for any other reason at Licensor's sole discretion. 14. Licensee shall not solicit business or distribute advertising matters in the Common Areas and shall not "hawk" or "intercept" Shopping Center patrons nor otherwise impede the normal flow of pedestrian traffic in any manner. 15. Licensee shall be solely responsible for obtaining any licenses or permits that are required by any governmental agency or authority with respect to the Licensee's use of the Licensed Area. 16. Licensee shall be responsible for its own security and the security of its customers at all times. 17. Licensee shall not place any load on any floor in the Shopping Center that exceeds the design capacity for it. 18. Licensee shall comply with all laws, ordinances, rules and regulations of any governmental, public, private or other authorities and agencies, including those with authority over insurance rates, with respect to the Licensed Area. 19. Licensor reserves the right from time to time to amend or supplement said rules and regulations, and to adopt and promulgate additional rules and regulations applicable to the Licensed Area and/or Shopping Center. 20. At Licensee's sole cost and expense, Licensee shall be permitted to remove the carpet from the Licensed Area. MARSH Certificate Request Form `Send as Email Client: City of McHenry McHenry County Municipal Risk Management Agency Fax Request to: 212.948.0770 Email Request to: chicago.certrequest@marsh.com .. Date Requested by: Debra Meadows ,Do You Require a Copy? NO Yes No Phone Number: 815-363-2108 Delivery Method: t✓ E-Mail i Fax Fax Number: 815-363-2119 Email Address: Lease space located at 2034 and 2038 Richmond Road Limits not less than $2,000,000 for death and bodily injury any one occurrent/ $500,000 property damage, and workers compensation as required by law