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Home My WebLink About3.4 An Ordinance Amending Chapter 13 - McFig Corp. d/b/a Mrs. P & meBoardDocs® Pro Agenda Item Details Meeting Page 1 of 2 Subject 3.4 1st readingof ORDINANCE AMENDING CH.. (ALCOHOLICO. VILLAGE CODE OF MOUNT PROSPECT. �This Ordinance will increase the number of Class F -3-V license by one (1) McFig Corp. d/b/a Mrs. P & Me and decrease the number of Class F-3 Liquor Licenses by one • • • • : Me located at 100 E. Prospect, Access Public Type Action ImpactFiscal DollarAmount 5f000.00 Public Content On January 29, 2019, the Illinois Gaming Board approved McFig Corp. d/b/a/ Mrs. P & Me for a video gaming license for one year, expiring January 2020. Stafffrom . • Manager Office establishment'swith the owner and the proposed video game terminal operator/consultant to review the location and site plan of the proposed gaming The attached submittal has been reviewed and approved by the Village Manager Office. The proposed floor plan includes fiv gaming terminals and one payment/disbursement/atm type machine in the existing lower level. The proposed gaming area will be in th • permits the gaming area to be restricted to persons 21 yearsof or older, still allowing employees to monitor and have no lights or sounds from the gaming terminals be visible or audible outside the gamin area. Also, the opening of the gaming area will be visible to an employee at all times. Installation shall include new electric circuits, whic will supply electricity to the video gaming machines. Any clear windows or glass that allow the video gaming terminals to be visible shall b obscured by dark window tinting or vinyl covering to comply with section 13.204.1(e) of the Village Code. Any added window signage o window coverings shall comply with section 13.204.1(g) of the Village Code. The proposed design meets accessibility requirements. It i the responsibility of ' owner and terminal operator t• maintain accessibilityand comply with Mount• •!' all times. A final inspection will be performed for any permitted work only after the installation of the video gaming devices, but prior to their use. I is the responsibility of the video gaming applicant and the gaming consultant to ensure that a final inspection is scheduled with the Villag All video monitoring equipment that complies with section Chapter 14 Video Gaming code shall be installed and functioning at the time the final inspection. Approval of the video gaming devices by the State of Illinois does not constitute approval by the local authority, Moun Prospect, •' •n is approved and a license is paid to date locally. Alternatives 1. Approve ordinance decreasing the number of Class "F-" liquor licenses by one (1) and increasing the number of Class "F --V" license by one (1). 2. Action at discretion of Village Board. Staff Recommendation Both the business owner and proposed video gaming consultant have been cooperative and intend to comply with all Mount Prospect ordinances and codes. Staff recommends placement of five State approved video gaming terminals and the change of liquor license classification from Class F-3 to Class F --V. https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/5/2019 BoardDocs® Pro Administrative Content Executive Content Page 2 of 2 https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/5/2019 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That in accordance with Subsection A of Section 13.108 of Chapter 13 of the Village Code of Mount Prospect, as amended, the Corporate Authorities shall determine the number of Liquor Licenses available in each Classification and shall establish a list specifying the number of Liquor Licenses authorized. Said list is hereby amended increasing the number of Class "F -3-V" Liquor Licenses by One (1 )MCFIG CORP. D/B/A MRS. P & ME and deleting the number of "F-3" licenses by One (1) MCFIG CORP. D/B/A MRS. P & ME located at 100 E. PROSPECT AVENUE Said list is as follows: Five (5) Class P-1 License Ten (10) Class P-2 License One (1) Class P-3 License Zero (0) Class P-4 License Zero (0) Class P-5 License Thirteen (13) Class F-1 License Eight (8) Class F-2 License Twenty-four (24) Class F-3 License Four (4) Class F -3-V License One (1) Class F-4 License Three (3) Class F-5 License Two (2) Class F-6 License One (1) Class F-7 License One (1) Class F-8 License One (1) Class S-1 License One (1) Class S-2 License Zero (0) Class S-31-icense Zero (0) Class S-41-icense One (1) Class S-5 License Five (5) Class S-6 License Zero (0) Class S-7 License One (1) Class S-8 License Zero (0) Class S-9(with conditions as Attached to License) SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 12019. Mayor ATTEST: Village Clerk Class Establishment Number P1 Balzano Liquor; D&H Liquors; Jay Liquors; Mt. Prospect Liquors; Cardinal 5 Wine & Spirits; P2 Costco; Fiesta Market; Fresh Thyme Farmers Market, KD Market; Osco Drug 10 Store; CVS Pharmacy; Walgreens #00209 (Kensington); Walgreens #05107(Elmhurst) Wal-Mart #1681; World Market P3 Aldi; 1 P-4 0 P5 0 F-1 Bricks Wood Fired Cafe; Chipotle Mexican Grill; Chungkiwa Restaurant; Izakaya 13 Sankyu; La Presa; LePeep Cafe; Los Arcos; MI Restaurant; Mina Mediterranean; Mr. Kimchi Korean BBQ; New Pusan Restaurant; Qulinarnia Fit & Healthy; Salerno's Pizzeria and Eatery F-2 Avanti Cafe and Sandwich Bar; Frankie's Fast Food; Greek Feast; Jeffy Cafe; 8 Misoya Chicago; MOD Pizza; Mr. Beef & Pizza; Tortas Locas F-3 Balkan Taste; Bar Louie; Black Finn American Grille; BlackFinn —Randhurst Grille; 24 Brick City Tavern; Brick City; Buffalo Wild Wings Grill and Bar; Canta Napoli; E&O Food & Drink; Emerson's Ale House; Fellini Restaurant and Pizzeria; Hacienda EI Sombrero; Jameson's Charhouse; Kampai Japanese Steak House; Langostino's; Mia's Cantina; Moretti's Ristorante; Nina Restaurant; Outback Steakhouse; Salsa Street; Smokey Bones Bar & Fire Grill; Summertime; Tavern on 83; Trezero's F -3-V Draft Picks; Mrs. P & Me; Pap's Ultimate Bar & Grill; Sam's Place 4 F-4 Prospect Moose Lodge 1 F-5 Bristol Palace; Emerald Banquets; Victoria in the Park 3 F-6 Mt. Prospect Park District -Golf Course; Prospect Heights Park District 2 F-7 Dave's Specialty Foods 1 F-8 The Red Barn 1 S-1 Hampton Inn & Suites 1 S-2 Brunswick Zone 1 S-3 0 S-4 0 S-5 AMC Randhurst 12 1 S-6 Amethyst Skye; Gathered; Gem Nails and Spa; Lucyna's Goldfingers European 5 Spa; The Collective S-7 0 S-8 Two Eagles Distillery 1 82 in VILLAGE OF MOUNT PROSPECT VIDEO GAMING ENDORSEMENT APPLICATION INSTRUCTIONS A current, valid Business License is required. Business license number: A current Liquor License is required. Liquor License number: �z � k,4 Copy of signed agreement with Licensed Terminal Operator, El A copy of State Gaming license including all documentation issued by the State of Illinois and the Illinois Gaming Board evidencing the valid and current licensure of all video gaming terminals must be attached. Video Gaming should be located in a segregated area that is restricted to persons 21 years of age or older. To the extent possible, no lighting or sound from the gaming machines shall be visible or audible outside the segregated area. Please note that any alterations to the building will require a building permit and additional inspections. IN A three hundred dollar ($300.00) non-refundable application fee. A one thousand dollar ($1000.00) non-refundable annual permit fee for each Video Gaming Terminal as El prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with the renewal of liquor license each year. Terminal numbers must be included in this application. A final building permit inspection is required by the Village for any permitted work. In addition, before any video gaming device is approved for operation to the public, a final inspection of the installed device(s) by the Village Manager's office is required to approve the gaming license. Please note all applications must have Village Board approval. The Village Board meets the first and third Tuesday of each month. Name: t P. - Business Name: P's Business Address: location of videogaming) 1,4,& Business Phone: ncq.. Co[poration Name., E-MailA' iS business dame: , I'll , ' ✓ r ' L 4.5'""'vv ow, e_-� � Sales Pe rese rttative: P on -.) Business Address: City, State, dip: ?" a "" Business Phone; i— ';XV 2-� E -Mail Business Web 86- 111. VIDEO GAMING gas Number of gaming terminals to be operated: `�-- Serial number for machines: 1. 2, 4, 5, Does applicant business have or will have a security alarm? Note a building permit is reau Name of alarm company: % °o APPLICATION DATE Cell Phone Cell 3. to install a security alarm Y'-7 Yes . No Does applicant business maintain a surveillance camera on video gaming machines: Ye No Note surveillance camera should be hick resolution and must maintain 30 days of video retention DAVIT Stale of Illinois-) County of Cook) SS The undersigned swear (or affirm) that the person or business entity, including Its owners, officers and directors in whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or Laws of the State of Illinois or of the United States of America in the conduct of the place of business described herein and that the statements contained in this application are true and correct to the eat of our knowledge and belief, (Any Intentional misrepresentation submitted may be c us of denial f s licens+s SUBSCRIBED nd worn to Before me this=day or y ' 20 (q . e rw+r+� S�aa�rure+ OFFICIAL SEAL . r DO EEN C JAR S Notary Public FNOYTARY PUBLIC ST ATE I F iA.I kPVo& COMMISSION FXpt 5 r�rs��.�d91 ILLINOIS GAMING BOARD JB Pritzker- Governor Don Tracy • Chairman Agostino Lorenzini • Acting Administrator 160 North LaSalle 4- Suite 300 +1► Chicago, Illinois 60601 T tel 312/814-4700 ♦ fax 312/814-4602 January 31, 2019 MCFIG CORP. - 180703283 d/b/a MRS P & ME 100 E Prospect Ave Mount Prospect, IL 60056 Via email: chrisbozonelos@gmail.com Re: Video Gaming INVOICE - Establishment Initial License Fee On January 30, 2019, the Illinois Gaming Board adopted a motion to grant MCFIG CORP., d/b/a MRS P & ME, a Video Gaming Establishment License effective for a period of one (1) year expiring in January 2020, pending receipt of your license fee payment. Pursuant to Section 45 of the Video Gaming Act, the $100.00 license fee is due by February 28, 2019. The fee may be paid by personal check, business check, cashier's check or money order payable to the "Illinois Gaming Board." Do not send cash. Please write your Illinois Gaming Board license number 180703283 on your payment or include a copy of this email with your remittance. The fee must be received by February 28, 2019 at the following address: Illinois Gaming Board Attention: Revenue Accounting 801 South Seventh Street, Suite 400 South Springfield, Illinois 62703 Credit card payments may be made online. Do not send credit card information through the mail. Your license certificate will be sent to the email address referenced above after your fee has been processed. Please note, you are required to display your license certificate at your establishment. As a licensee, you have a continuing duty to promptly disclose all changes in information provided in your application, including any ownership changes; Video Gaming Manager changes; and arrests or criminal charges, regardless of the outcome. If you have any questions regarding this notice, please contact the Illinois Gaming Board's Revenue Accounting Unit at IGBRAU(a-)i b.illinois eov or (217) 524-0226. Sincerely, Agostino Lorenzini Acting Administrator i nanK You Tor Your vaymenr- nunois: nnnois naming uoara 1/31/2019 1:37 PM Central Standard Time Custornearnd o ristdpher Figaro (Effective Date 1/31/2019 Approved 20002723 item Air otmt VG Establishment License Fees $100.00 Subtotal: $100.00 Transaction Fee; $2.25 Total Charged to: $102.26 MasterCard 545212 ***** 5080 expires 09/20 Total Amount Paid: $102.25 Collection Mode: Web Payment Details VG Establishment License Fees VG Establishment License Number; 180703283 - License Name: VG Establishment License Fees - chrlstopher figaro - $100.00 A Transaction Fee has been included in the total amount paid for this transaction. VIDEO GAMING TERMINAL USE AGREEMENT T v H1S JIT40 (JAMING TERMNAL USE wGREEMENT Servicesm ,enethday ois ma e — and between Aesome Hand i, LLC (the "Terminal Op pkke an t ........... d jb they "Estabfishmenf") on the or premises located at 1 0 o L —�.JLI: 2-1 (Street Address) (City) (State) (zip) IT IS HEREBY AGREED THAT: 1 Defined Terms. Capitalized terms used, but not otherwise defined, in this Agreement shall have the same meanings ascribed to them in the Video Gaining, Law, 17heg -,,n J,41y" shall collectively mean the Illinois Video Garning Act, the rules and regulations adopted thereunder, and any written policy issued by the Illinois Banning Board (the 1QB"), as may be amended or adopted from time to time. 2. Licensing. Terminal Operator represents that it is licensed as a "terminal operator" under the Video Gaming Law as of the date of this Agreement. f1stablishment, (i) represents that it is a "licensed video gaming location" under the Video Gaming Law; or (ii) agrees that it will use commercially reasonable efforts to become so licensed. Terminal Operator and Establishment each agree to maintain its resp ectiveIkense during the Term (as hereinafter defined). The date on which the last of Terminal Operator and Establishment is so in Dan `C Lsm� licensed is referred to hereinafter as the 'i s to 3. Exclusivity: Access. Establishment agrees that during and throughout the Term, Terminal Operator shall have the exclusive right to install, service, maintain and replace Video Gaming Terminals and all ancillary equipment at the Premises. To conduct such activities, Establishment will allow 'Terminal Operator and its agents access to the ,Prernises during normal business bours of Establishment. Establisinneut agrees to allow Terminal Operator to place VideoGaming Terminals in as prominent, nautually agreed upon location that complies with the'Video Ciaming Law. Terminal Operator and Establishment acknowledge, agree and understand that (i) this i'S-9:9—tion 3 is a material teml of the Agreement; (d) the rights of -Terminal operator set forth in this AgTeoment con-stitutc a proleotable interesi under the lave and (iii) a breach of this aqpfiW3 would cause irreparable harm, to 'rerminal Operator for which there is, no adequate remedy at law and for which emergency, its well as Permanent injunctive relief (','without notice or bond), is necessary and appropriate. 4. 1'( 'orts and in compliance with ire 17erntinal Operator agrees that, using commercially reasonable efT the'Video Gaming L,avv, following the Licensing Date, it shall install, maintain and service up to the maxinaum number of Video Gaming TernAnals permitted by the Video Garning Law, together with the ancillary equipment thereto, on the Premises. Terminal Operator shall have the right to select, rotate and/or replace the Video Gaming Teratinals and Payout Device installed at the Promises, Subject to the Video Gaming Law, Terminal Operator shalt at, all times have the 'Unilateral right to detennine the number of Video Ganging Terminals installed at the Premises, For purposes Of this Agreement, such Videch Garning Terminals, Payout Device, catitral communications systennequipment and link any software updates or enharicemen ts, any ancillary equipment installed by or on bel"ialf of Terminal Operator I and all parts inventory related Ilicreto shall be defiruxi as the "fL,(uip1Dm1f'- 5, I'qr n '11hisAgreement shal,l oomrnence on the date hereof and remain in effect for a term of (-5) years f L�� jilming Teratinal is it y )perator and becomes oflowing the date the f7ust Video C installed b or on behalf of'rertninal ( g 1p Establishment hereby acknowledges and agrees to promptly operational at the Prentises (the "'!,' r "). During the Tenn, Es notify Terminal Operator in writing if it is eitbzr Presented with., or enters into, an agxecrnent with respect to the placemen of Video Garning renrunals on the Premises with any party other than Ternlinal Operator and to provide Termina](6perator a copy of such agrecinent, F-,stablishment bereby also agrees to notify Tenrinal Operator in writing at least sixty (60) days prior to the'expiration of the Term if it intends not to renew or otherwise extend this Agreement, Notwithstanding ffic foregoing, Terminal Operator reserves the right to terminate this Agreement immediately for any reason, including, but not limited to, the, IGB requiring such termination. 6.' Default. Any one of the following events shall constitute an "17, q f.,'� 1pit" hereunder: (a) Establishment shall fail to pay any amount due hereunder within ten (10) days after the due date or shall deny or impede Terminal Operator's access to the cash receipts associated with the Video Gaming Terminals; (b) either party shall fail to observe any, other agreetuent to, be observed or performed by such, party hereunder 'that is not otherwise provided for in this Section 6 and such failure continues for thirty (30) given after the date such party is ven written notice thereof; (c) Establishment or any guarantor of the Agreement shall cease doing business as a going concern or make 'an assignment for the benefit of creditors; I (d) Establishment or any guarantor of the ALgreernent sball voluntarily rile, take any action to authorizz file filing, or have filed against it involuntarily, a petition for liquidation reorganization, adjtistiruait of debtor similar relief under any federal or state bankruptcy or insolvency law; (e) a trustee, receiver, or liquidator is appointed for Establishment, any guarantor of the Agreement or for an or a substantial part of the assets of I stablishr'nent or any guarantor, unless such appointment is set aside within sixty (60) days; (f) Establishment announces that it is closing for business, abandons or vacates the Premises or without notice to and the prior written consent of Terminal Operator fails to remain, open for btismess for any continuous five (5) day period; (g) either party surrenders its License or pursuant to a renal order of the IG B and the Video Gaming Low, the License of either party is denied, revoked or not renewed; or (h) Establishment does not comply with the requirements imposed by 5,_ecfIqM_l lawar,I& of of this Agreement Igagjq. Upon the occurrence and during the continuance of an Event -of Default: (a) by either party, the non -defaulting party may terminate this Agreement as to any portion or all of the Equipment, (b) by Establishment, "I'Crulinal Operator may take possession of any or all of the Equipment, wherever situated, together with any cash receipts associated with the Video (laming I I erminals and for such purpose enter up()r, the Premises without l abflity for so doing; (c) by Establishment, Terminal Operator may recover all losses recurred' as a result of a breach hereof including, but not limited to, all lost profits, reasonable 000s mid expenses incurred 1,,)y Terminal Operator in awry repossession, recovery, storage, repair, sale, re lease or other disposition of the Equipment, including but not limited to 00st0s of transportation, possession, storage, refurbisbing, advertising and broker's fees together wily all, reasonable attorneys fees and cost incurred in connection tberewith or otherwise resulting from Establishment's default (including any at trial, on appe-al or any older proceeding); provided however, this remedy does not apply to any breach of Section 6(h); (d) by Establishment, Terminal Operator may exercise any other remedy permitted by law, equity or any other, agreements with Nstabl,�Sbment or any guarantor of this Agreement (e) by Terminal Operator pursuant to Se :tion (i,(gj, this Agreement shall auto maticaRy terminate; (f) by Establishment, the Tonninal operator's sole and exclusive monetary remedy of a breach resulting in a default under Section 6(h() is a sum equal to [forty dollars ($40,00)) per day for each day remaining in. the Term as of the date of the hreach, as liquidated damages and not as as penally. This remedy is not optional and the parties agreethat it would be difficult, if not impossible, to determine the actual damages in the event of this specific breach; and (g) notwithstanding anything in this Agreement to the contrary, in the event Establishment breaches Section...3, herein, Establishment acknowledges, understands, and agrees that Terminal Operator may obtain an emergency injunction order against Establishment (iNrithout notice or bond), and any other relief allowed in equity, with or without notice, to Establishment. With the exception of the remedy set forth inS tigg_7AD, no remedy given in this Agreement is intended to be Pq exclusive and each shall be cumulative. No express or implied waiver by II 1. Operator 1...-.1 nt of Default shall constitute a waiver of any subsequent Event of Default. Notwithstanding the termination of this Agreement, 5,,qp1jqps 21N,a4. NUALAI. -12 ilcgll of this Agreement shall survive termination hereof. . . .... .... cx?pe 1es to be C 3r in art, o p eYme111S TO DC MaCte, Dy EsTan Isn er1.I the VideoGaming Law, including, but not limited to, any cost, fee or expense listed now or hereafter under "Shared Costs" in the IGB's Inducement Policy. 9. N A 's AJ_ &yqgq@. In the event that during any consecutive thirty (30) day period Termin I Operator share of Net Terminal Income (i.e., the amount to which Terminal Operator is entitled after the tax imposed under the Video GIIg Laws) is less than an average of Forty Dollars ($40.00) per day per Video Gaming Terminal installed al the Premises, Terminal Operator, at its option, has the unilateral right 'in its sole discretion to terminate this Agreement. 10. Q2-MaimLgLI—nLith lk"U AIMLRAIYJX� R . Establishment hereby: (a) agrees tc) comply with the 'Video Gaining Law including, but not limited to, (i) abiding by liourss of operation of Videf,,) Gwnuig Terininals, (d) probibiting play of Video GamingTerniinal by ininors, (iii) locating Video Gaiumg, Terminals within the Premises, (iv) submitting timely updates to the 10B regarding material changes; (v) conducting advertising and promotional activities, and (vi) placing and maintaining the requisite signage; (b) agrees to comply v6th all laws, including, but not limited to, Article 28 of the State of Illinois' Criminal Code, Which prohibits illegal gambling; (c) agrees to pay all taxes diw and, owing by Establishment to any govertirnent entity, including, but not lunit,ed to, the I'llinois'Department of'Reventie, on of before the specified deadlu)e; and (d) indemnifies and holds harmless Teminal Operator and its citiployees and agents f6r any claim, loss or expense (including but not limited to reasonable attorneysfees) suffered Or incmTed by such indemnitees ori account of any failure ofEstablishineritto comply any provision in this-Sp q,1iA#LQpqratqr- Terminal Operator agrees to: (a) create and maintain a separate bank account used solely for the deposit of reveniies generated front the play of Video Garning Terminals operated by or on behalf of Terminal Operator in the State of Blinois (the "Account"); (b) deposit revenues generated from the play of Video Gaming Terminals in the Account, (c) report arid remit to the IGB the State, of Illinois' percentage of Net Terminal Income (i.e., the tax) as required by the Video Gaming Law; and (d) keep a record of Net Terminal income in the form required by the IG. 12, M eTerninial Operator agrees, at Terminal Operator's sole cost, to provide aintep During the T m , routine maintenance arid repair services for the FAluipment in order to keep the Fkluipruent in 9 od worki g order in accordance with generally accepteA standards of the State of Illinois' video gaining industry Such services shall not (g) Nothing in this Agreement shall be construed to mean that Terminal Operator assumes any liability on account of accidents or damages to persons or property, except those directly due to the negligent acts of Terminal Operator. Establishment hereby indemnifies and holds harmless Terminal Operator and its employees and agents for any claim, loss or expense (including but not limited to reasonable attorneys' fees) suff-ered or incurred by such indemnitees on account of any accidents or damage to any persons or property on account of any intentional or negligent acts of Establishment, its employees, invitees, customers or patrons. (b) Establishment shall be solely responsible for: (i) all damage to the Equipment caused by anyattempted or compieted burglary or robber), of Establishment, (6) all costs, cliarges and expenses incurred by Terminal Operator as a result any atteropted or cornpleted burglary or robbery of Establishment and (ii i) all least or stolen money from the Equipment, [a no way limiting, the foregoing, in the event of an atterripted, or completed burglary or robbery that in any way impacts the Equipment, 'Terminal Operator shall have the right to repair and/or replace such damaged Ekluipment at Establishment's sole cost and expertise in accordance with Sectiql—I 12 of this Agreement. (i) '17he Equipment shall be insured against allperds for its full replacement value for the benctit ofTerniinal Operator, Terminal Operator shall rnaintain general liability insurarme on each Video Gaining Terminal Gan the Premises %Aritb coverage amounts equal to, at as minimum, that required, by the Video (laming Law, If insurance related to the Equipment is obtained lay F.stabbsbinent (whether because it is required by the Video Gaming Law or otherwise obtained) Establishment shall (i) designate Terminal Operator (and at , I , arminal Operator's request, Ten:ninal Operator's leader) as an additional named insured on such policies of insurance, and (ii) furnish Terminal Operator with a, certificate of insurance evidencing such policies of insurance immediately following issuance of such policies. 14, NoInduCenIc"IS. Terminal Operator acknowledges that it did not offer Establishment (or its owners agents or representatives) anything of value, including but not limited to loan, financing arrangement, cash, goods or s,enrices to incent or induce the execution of this Agreement or the placement or operatiom of Video Gaming Terminals at the Preluise& (b) Establishment acknowledgUS that Terminal Operator did not offer Establishment (or its owners, agents or representatives), and Establishment (or its owners, agents 01' representatives) did not accept anythiog ot'value, including but not limited to a loan, financing arrangement, cash, goods or services, to incept Or induce the execution of this Agreement or the placement or operation of Video Gaming Terminals at the Premises. 15, jgF'stablisliment represents and warrants to Terminal Operator that Establishment has not executed, entered into or agreed to execute or enter into any other agreeme at, written or oral, with respect to the placement of Video Gaming Tortninals in or at the Premises. Establishatent hereby inderrinifies and holds harraless Terminal Operator and each of its SUcccSsOrs, assigns and holders of any security interest in this Agreement for any loss, cost or expense (,'including but not limited to reasonable attorneys' fees) suffered or incurred by such indemnitees on account of a breach of the foregoing representations and warranties. and the IGB in connection Dstablishment agrees to fully cooperate with Terminal Operator, with any inquiries or inveStigatiOTTS, the IGB CODdUCtS involving Terniuml Operator. In addition, F.stabbstiment agrees to cooperate with any equipment manufacturer, distributor, supplier, lender or financing company providing equipment financing to Terminal Operator and agrees to: (i) allow such parties access to the Premises during normal business hours; (ii) execute and deliver any docurnents reasonably required by such Parties provided such documents do not impose any Financial obligations Upon Establishment; and (iii) modify and amend this AgTeernent as reasonably required by such parties. t�4111,tCq d greentea Ninendment, This Agrectnent const:rrines the entire agreement of the parties, Mritterj, relating to the subject matter hereof and may only be supersedes any prior miderstandings, whether oral or A amended, modified or suppleniciltod by a writing signed by all of the parties hereto. 18. Mi"ig�L llLqlqt%15- Nothing in this Agreenient, including the splitting of islet 'I"crunirial Income, shall be construed as creating any partnership, joint venture or agency between Establishtnont and "Ferm inal Operator. (b) Establishment hereby agrees to provide written notification to Terminal Operator of any Change in Location (as hereinafter defined) as soon as practical but in any event on or before the earlier of. (i) the date Establishment provides notice to the IGB regarding the Change in Location; or (ii) ten (10) days before the occurrence of the .Change in Location. In the event that Establishment experiences a Change in Location, Terminal Operator, at its option, has the unilateral right to terminate this Agreement. Provided Terminal Operator does not so terrmnate this Agreement, then upon a Change in Location, Establishment agrees to deliver to Ternunal Operator an executed arnendruent to this, Agreement reflecting stich change. For purposes of this, Agreement, "Qyaft means cans Estabbstunent moes its business from the pretnises to a new location. In the event the Premise,; remains the same, but is assigned a new address (business, madirig or otherwise), the parties hereto agree that this e—otiga of the Agreement shall not be triggered and the Agreement shall remain in full force and effect. Moreover, the parties hereto agree to execute an amendment to this Agreement to evidence the new address of the Premises. (c) Establishment hereby agrees to provide written notification to Terminal Operator of any Change in Control (as hereinafter defined) as soca as practical, but in any event on or before the earlier of. (i) the date Estabbsbinen't provides notice to the 10B regXdhig the Change, in Control; Of. 00 ten (10) day's before the occurrence of the Change in Contrail. In the event that Establislunent experiences a Change in Control, Terminal Operator, at its option, has the unilateral right to terminate this Agreement. 1"rovided "Fermitial Operator does not so terminate this Agreement, then upon a Change in Control, Establislunent agrees to, deliver to TerauD81 Operator either (y) in the, case of a transfer of ownership of Establishment that is, a corporation,, limited Liability oompany, trust, partnership or other entity, an acknowledgement of the new owner(s) that this Agreeittent is in full force and effect; or (z) in the case of a transfer of all or substantially all of Establishment's assets, a %Titteu agreement of the transferee agreeing to be bound by the ternis and conditions of this Agreement. For purposes of this Agreement, "C-1-4PW QgnI,T,.ol" means the sale, gift, assignment or other transfer of more than 50% of the ownership of Establishment or all or substantially all of Establishment's assets. (d) Establishment hereby authorizes and consents to the filing or recording by 'rerinmal, operator of this Agreement or a sum1iiary of this Agreement (including, but not limited to, the following details of tin's Agreement: the names of the parties, ale "ferin, and any, limitations on the transfer, wisigarnent, or sale of this Agreement, Establishment's ownership itnerests or assets 017 the Preirlises) with any official of designated by the State of" Illinois or its agents. (e) In the everit'rertninal Operator terminates this Agreement, exercises discretion to remove Video Gaining revoked, orw e Terminals, surrenders its License of' has its License denied,rev k, A not renewed or otb is disciplined, Terminal Operator shall not, be responsible to Establishment for the loss of any revenues or any tr.ists, Jces, or expenses (including attorney fees) incurred by Bstablishment as a result of Terminal Operator surrendering its License of having its License denied.,, revoked, not renewed or otherwise disciplined, Under no circumstances shall'ferminal, Operator be responsible to Establishment for any lost profits, consequential or incidental damages under this Agreement. (f) This Agreement shall be binding upon and inuff, to the benefit of the parties hereto and their respective heirs" personal representatives, successors mid permitted assigns. rerminal Operator may not assign and its rights and/or obligations hereunder except* (i,) to another andlor transfer this Ngreement otherwise be permitted by the Video Gaming, Low. terminal operator; or (H) as May licensed Establishment may not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder, wbetber by law or otherwise, and any attempt tit such assignment will be void without the prior written consent of "rerminal Operator and in accordance with the Video Gaming Law. (g) A party's failure to enforce its rig ,,hts with respect to any sing . le or continum ing breach of this Agreeent will not act as a waiver ofa right of that party to later enforce any sueh rights or to en 'ore any other or subsequent breach. (h) F�'-,;tabfishmeut shall be responsible for all of Terminal Operator's costs, charges and expenses, including reasonable attorney's fees, incurred by Terminal Operator in enforcing Establishment's obligations hereunder. (i) All notices aid other communications required or perrriitled tinder this Agreement must be in writing and will be: deerned given whew delivered personally; two (2) days after deposit in the U& Mail if sent by registered or certified mail, return receipt rupiested; transmitted by email or facsimile provided that a confirmation copy is sent on or before the next business day by first class mail; or next day after being, sent by overnight courier. The invalidity or unenforceability of any particular provision of this Agreement will, not invalidate the remaining provisions bereof and this Agreement will be construed in, all respects as if such invalid oT unenforceable provisions were omitted and deleted. Notwithstanding anything herein to the contrary, if any particular term Of this Agreement conflicts with the Video Gaming Law, the Video Gaming Law shall prevail and the parties shall corrip ly at all tinjes with the Video G, arrungLaw, (k) Each, party hereto warrants tO the Other that all corporate or other necessary organizational acts have been. taken to approve the terms of this Agreement ruid the signatories hereto are duly authorized and erripowereA to execute this Agreement as a binding and legally enforceable contract. This Agreement may be executed in counterparts, each of wbiob shall be deemed an original, but al] of which together shall constitute one and the same instrument Any counterparts transinitted by facsimile, PDF or email shall be considerW original, legally binding, enforceable documents in all jurisdictions. (in) This Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of Illinois, Without regard to conflicts of laws principles, Venue for any dispute related to this Agreement shall be in the Circuit Court of Cook County, Illinois. 19. 1 . The parties hereto acknowledge that the obligations of Terminal Operator and Establishment hereunder are subject to and contingent upon the Video, Gaming Law, which may require theIG13's consent to the use of this Agreement. TO that end, the parties hereto agree; to promptly submit this Afqecrnent to the IGB and to Cooperate with each other irl ("'ibtaining airy{ necessary , consents from the IG13 , Terve real Operator and Establishment agree to maintain a copy, of this Agreement on file at their respective places of business and to make, it available for irispecfion to all individuals who are authorized by the IGB. The parties agree to rnodifand amend, this Agreement to comply with, the requiremerus of the IG B or any change in the Video GainingLaw, in the event of any conflict between the terms and provisions of this Agreement and the Video Gaining Law, the Video Gaming Law sliall prevail, and such terin or provision dictated by the Video Gaming Law shall. be: deemed included in this Agreement as if originally included as a term or provision of this Agreement. 20, ate, et al. The parties hereto, hereby severally indeninify and hold harmless the Steen Of 1111110is, the IGD and their respective, agents for any cause of action, loss, cost or expense (including but not limited to reasonable attorneys' lees°) suffered or incurred by such indemnitees on account of or arising under this Agreement. [Signature Page to Follow] B IN WITNESS WHEREOF, Terminal Operator and Establishment have duly executed this Agreement as of the date first written above. .. "TERKIN L01 E TOR' ww S I l 1. err By:_ _.� Printed lanc i Printed Name ._.. ..... Email Address �+ " 1 -C Email Address: . �t , Fax Munber Fax Number - Address; " Address: C � 000 � , solwitin thisAlw ent: on behalf of Terminal6:tmw .,W..� 2 REFLECTED CEILING PLAN FLOOR PLAN A&H ENTERTAINERS MRS P AND ME 1451 FZOHLWING ROAD 100 EAST PROSPECTAVENUE ROWNG MEADOWS, IWNOIS 6OW8 1 1 1 —.d ASK