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Home My WebLink AboutMemorandum of Understanding - Fatty's Burgers & More at 1903 Church StreetCity of Evanston- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND B NOBLE, LLC D/B/A FATTY'S BURGERS & MORE This MEMORANDUM OF UNDERSTANDING ("MOU"), dated 17-1/-7 (r2 , 2012, is entered into between the City of Evanston ("the City"), and 'B' Noble LLC, an Illinois limited liability company, d/b/a Fatty's Burgers & More (the "Applicant"), to describe the responsibility of the Applicant regarding its business license in the City of Evanston. The City and the Applicant are collectively, the "Parties". Recitals: 1. There is an application pending for a new Food Establishment License by prospective new licensee B Noble, LLC , d/b/a Fatty's Burgers & More, license number 1� ____.ov,��n�l 2. The Applicant's business is a retail food establishment and a Type 2 restaurant located at 1903 Church Street, Evanston, Illinois (the "Property"). 3. All business licenses in the City of Evanston are held "subject to the provisions of this Code, other ordinances of the City, the regulations of the City Council and the statutes of the State." Evanston City Code § 3-1-2. Violating "any of such provisions" subjects the license holder to "license revocation proceedings." Id. Any license issued pursuant to the provisions of the Evanston City Code "may be revoked for cause" upon notice and a public hearing. Evanston City Code § 3-1- 6. Any business license may be revoked by the City Manager or his or her designee following this hearing. Any business license may be suspended at any time for cause. 4. Additionally, § 8-8-9 of the Evanston City Code provides that a license may be revoked for serious violations that pose a substantial hazard to the public health. Moreover, pursuant to § 8-8-4(E), the Director of Public Health may deny a food establishment license if the establishment is in violation of "other applicable codes that negatively affect the health and welfare of Evanston residents." 5. The Illinois Constitution vests the City of Evanston with the powers of a home - rule unit of government, "to exercise and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; to license...." III. Const. Article VII, § 6(a) (1970). 6. As a unit of local government, the City of Evanston further possesses all standard police powers, "the attribute of sovereignty in every government by which it may protect lives, health, morals and general welfare." Sherman - Reynolds, Inc. v. Mahin, 47 111.2d 323, 326 (1970). The terms of this MOU shall be in force and effect as long as Applicant maintains compliance with all necessary licenses with the City, and complies with all requirements in this MOU. Applicant acknowledges and agrees to make any and all repairs and install any necessary equipment and fixtures required by the City of Evanston Code and its inspectors prior to the issuance of a business license and throughout the operation of the business at the Property. Applicant aarees as follows: 1. To obtain City of Evanston permits for necessary plumbing, electrical, signage and HVAC work at the Property. 2. Applicant will install a vent -a -hood fire suppression system and an exhaust cleaning system for the vent -a -hood. 3. Install sinks in the kitchen and food preparation area for employee hand washing. 4. Complete any and all ceiling improvements, HVAC improvements, and install sinks in the kitchen and food preparation area for employees. 5. To remove the previous business owner's sign and repair any and all issues with the fagade. Applicant shall obtain a tuck -pointing permit prior to the repair work to the fagade. 6. The Applicant and the commercial business next door, RS Mini Mart (1901 Church Street), will execute a separate written agreement regarding the use of the bathroom facility within the RS Mini Mart property by customers of both businesses ("Shared Use Agreement"). a) The parties to the Shared Use Agreement shall acknowledge and agree that: i. Applicant may not have indoor seating for customers prior to the execution of the Shared Use Agreement; ii. Applicant may not have any indoor seating for customers at any time in which the RS Mini Mart's bathroom is not accessible by Applicant's customers; and iii. If the RS Mini Mart bathroom facility is not accessible for Applicant's customers for any reason, the Applicant's bathroom facility within the Property can only be used by employees and no indoor seating within the Applicant's business may be permitted. This requirement is necessary because the Applicant's customer pass -through area to the bathroom facility is in close proximity to the food preparation area. b) If Applicant violates any portion of Section 6, the Applicant shall immediately be in default and the City of Evanston shall have the power to revoke Applicant's business license and health license. N 7. Use only dumpsters with a fitted lid that can be secured by a chain. 8. The rear walkway of the Property, leading to the alley must be kept free from rubbish, boxes, and other items for ease of access and prevent rodent infestation. 9. Conduct any and all repairs identified in the Applicant's inspection reports issued by the City of Evanston inspectors, including but not limited to repairs related to electrical, plumbing, structural and signage issues, health department issues, and fire department requirements prior to a license being issued. 10. Upon request by the City at any time, Applicant will furnish information regarding operations at the Property. 11.This MOU may only be amended in writing and signed by all Parties which may be accomplished by electronic written means of communication. The delivery of notice by certified mail - return receipt requested, hand delivery, facsimile, e-mail, or nationally recognized over -night courier, shall all be deemed sufficient methods of notice. 12.If Applicant refuses to execute this MOU, or otherwise fails to comply with the obligations hereunder, then the City reserves the right to refuse, suspend and/or revoke Applicant's food license, or any other permits related to operations at the Property, at any time. 13.The duties and obligations of this MOU shall not be transferred from this Applicant to any successor applicant or assign without first notifying the City. The City of Evanston shall be notified of any planned transfer of ownership of the business related to this MOU within (10) ten days prior to the execution of any bill of sale or corporate dissolution. Inteqration This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter in this Agreement, and it supersedes all prior and contemporaneous agreements and understandings, whether oral or written, of the Parties. Enforcement of this Aareement: Applicant recognizes that this instrument contains certain duties, promises and obligations. The City shall have the sole and exclusive jurisdiction, power and authority to resolve all issues and disputes arising from this MOU. Miscellaneous: 1. This Agreement shall be interpreted, construed and governed in accordance with the Evanston City Code and the laws of the State of Illinois. 2. This Agreement has been carefully and fully read by Applicant, who understands its contents and is satisfied with the Agreement herein mentioned and the same shall be binding upon and inure to the benefit of Applicant's agents, officers, directors, shareholders, and employees respectively. 3 3. The terms and conditions of this Agreement are contractual and not merely recital. 4. This Agreement will be deemed effective as of the date of the last signature below. 5. The Parties agree that this Agreement is acceptable to each of them, and that this writing will not be construed against any party, and that any claim under the doctrine of contra proferentum is expressly waived. IN WITNESS WHEREOF, the Parties agree to the above terms and have executed this Memorandum of Understanding as follows: B Noble, LLC An Illinois limited liability com any By: Print Name: c2 CITY OF EVANSTON an Illin�oi/s�muni p c rpora'on By�/!' Wally Bobk' wicz Its: City Manager Approved as to form: W. Grant Farrar Corporation Counsel rd Fatty's Burgers & More (1903 Church Street) and RS Mini Mart (1901 Church Street), agree that Fatty's Burgers customers will have access to the use of the bathroom facility within the RS Mini Mart property by customers of both businesses ("Shared Use Agreement"). A. The parties to the Shared Use Agreement shall acknowledge and agree that: i. Applicant may not have indoor seating for customers prior to the execution of the Shared Use Agreement; ii. Applicant may not have any indoor seating for customers at any time in which the RS Mini Mart's bathroom is not accessible by Applicant's customers; and iii. If the RS Mini Mart bathroom facility is not accessible for Applicant's customers for any reason, the Applicant's bathroom facility within the Property can only be used by employees and no indoor seating within the Applicant's business may be permitted. This requirement is necessary because the Applicant's customer pass -through area to the bathroom facility is in close proximity to the food preparation area. Owner, Fatty's B ers More Date <. C4w�l R Owner, RS Mini Mart Date Page 1 of 1