2023-05-15 - Resolution 2023-16 - AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A LEASE AMENDMENT WITH WJN GOLF, LLC AT THE ARBORETUM GOLF COURSE RESOLUTION NO. 2023-16
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A LEASE AMENDMENT WITH
WJN GOLF, LLC AT THE ARBORETUM GOLF COURSE
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
1970; and,
WHEREAS, on August 31, 2021, the Village Board authorized the Village Manager to finalize and
execute a lease agreement("Lease") with WJN Golf, LLC ("Tenant"); and,
WHEREAS, the Village and the Tenant are requesting an amendment to the Lease; and,
WHEREAS, the Village Board has determined that it is in the best interests of the Village to
authorize the Village Manager to finalize and execute a lease amendment with the Tenant.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE,STATE OF ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby incorporated and made a part of this Resolution.
SECTION 2. The Village Manager is hereby authorized and directed to execute the attached lease
amendment pending final review and approval by the Village Attorney.
SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval.
AYES: 6-Johnson,Cesario,Ottenheimer,Stein, Pike, Weidenfeld
NAYES: 0- None
ABSENT: 0- None
PASSED: Mav 15, 2023
APPROVED: Mav 15, 2023
ATTEST: APPROVER:
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Jane . Sirabian, Village Clerk Eric N. Smith, Village President
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FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("First Amendment") is made
and entered into as of this ► 5 day of �c,� , 2023 ("Effective Date of this First
AmendmenY'), by and between the VILLAGE F BUFFALO GROVE, an Iilinois home rule
municipality ("Landlordfl), and WJN GOLF LLC, an Illinois limited liability company, d/b/a
"WJ GoI�P' (°Tenantn). (Landlord and Tenant shall each sometimes hereinafter be individually
referred to as "Party"or, collectively, "Parties").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Lease Agreement dated
September 7, 2021 ("Lease"), pertaining to certain land, building and facilities located on
the real estate commonly known as the Village of Buffalo Grove Arboretum Golf Course
which contains approximately 119 acres (the "Property"). The Property contains: (i) an 18
hole golf course, (ii) a maintenance building (iii) a golf course club house building and (iv)
and certain other structures. The ciub house facility is hereinafter known as the "Club
House".
WHEREAS, The Lease to Tenant is a lease of certain land, building and facilities
located on the Property, including but not limited to the Club House, all legally described on
Exhibit "A" to the Lease;
WHEREAS, Tenant presentty operates a restaurant and, indoor golf with golf
simulators, entertainment and gaming facility that are all open to the general public, along
with beverage cart service for golfers on the golf course and related specialty items for sale
on such land, building and facilities. The land, building and facilities to be leased to Tenant
and located and constructed on the Property or to be constru�ted thereon by Tenant
pursuant to the teRns of this Lease are collectively referred to herein as the "Premises";
WHEREAS, Landlord and Tenant have agreed to enter into this First Amendment for
the purpose of amending the Lease, modifying the Minimum Rent and other further
changes, modifications and amendments as agreed to by Landlord and Tenant, all as
further hereinafter described.
NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 Dollars
($10.00) in hand paid, the mutual covenants and conditions contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. Recitals. The recitals set forth hereinabove are fully incorporated into and
made a part of this First Amendment. In the event any of the terms and/or conditions of the
Lease conflict with the terms and/or conditions of this First Amendment, Landlord and
Tenant hereby understand and agree that the terms and/or conditions of this First
Amendment shall control. In all other respects, by execution hereof, Landlord and Tenant
hereby ratify and confirm the remaining terms and conditions of the Lease. Any terms not
otherwise defined herein this First Amendment shall have the same meaning and definition
as ascribed to them in the Lease.
2. Minimum Rent. Landlord and Tenant hereby understand and agree that
commencing as of the Effective Date of this First Amendment, Section 2.01 of the Lease,
entitled "MINIMUM RENT", shall be amended by deleting the rent schedule contained in
Section 2.01 and shall be replaced with the rent schedule attached as Exhibit A {"Revised
Rent Schedule"):
4. Additional Tenant's Work to the Premises. Landlord and Tenant
acknowledge and agree Tenant shall be responsible for and shall construct and install a
new sign(s) on the Premises in accordance to Exhibit "B" ("Illuminated Sign"}, attached
hereto and incorporated herein (hereinafter referred to as "Additianal Tenant's Signage
Work"), except as may be modified in the Village's reasonable discretion. To that end,
Landlord and Tenant acknowledge and agree: (i) all work for the build out and construction
for the Additional TenanYs Signage Work is to be performed by Tenant, at its expense, in
accordance with the provisions of the Lease. All Additional Tenant's Signage Work to be
done by Tenant shall be at Tenant's sole risk. All Additional TenanYs Signage Work
performed by Tenant shall be subject to Landlord's prior written approval, including but not
limited to written approval of Tenant's plans and specifications for the illuminated Sign as
p�epared by an independent professional. Tenant shall submit the plans for the Additional
Tenant's Signage Worlc and the plans for the Illuminated Sign to Landlord. Further, Landlord
shall have no responsibility or liability for any loss or damage to any property belonging to
Tenant. Tenant shaN obtain, at Tenant's sole expense, all certificates, approva{s, which
approvals shall be at Landlords sole discretion, and permits which may be necessary for
the commencement and completion of the Additional Tenant's Signage Work. Copies of all
such certificates shall be delivered to Landlord. Landlord shall not have any liability or
responsibility if the Additional TenanYs Signage Work does not comply with applicable laws,
rules and ordinances, Tenant acknowledges that Tenant is responsible for such compliance
regardless of Landlord's approval of Tenant's plans. All Additional Tenant's Signage Work
shall be performed in accordance with good construction practices, all applicable laws and
Landlord's insurance requirements and shall be performed and paid for such that the
Premises and the Property shall remain free and clear of inechanic's tiens. All Additional
TenanYs Work to the Premises shall be commenced after the Effective Date of this First
Amendment and substantially compteted on or before December 31, 2023. This date may
be extended at the sole and exclusive discretion of the Village Manager.
5. Bindinq Effect. This First Amendment shall be binding upon and inure to
the benefit of the Landlord and Tenant and their respective successors and assigns.
6. "AS-IS, WHERE-IS" State of the Premises. Tenant acknowledges,
understands and agrees it is in possession of the Premises and accepts the Premises in
the "as-is�, "where-is" condition as of the Effective Date of this First Amendment.
7. Facsimile, Electronic and Counterpart Sianatures. This First Amendment
may be executed in any number of counterparts, each of which shall be deemed an original,
but all of which together shall be one in the same instrument. For purposes of executing
this First Amendment, any signed copy of this First Amendment may be transmitted by
facsimile machine or electronically and the signature of any party hereon shall, for purposes
of execution hereof, be considered an original signature. Any facsimile or electronic mailing
of this First Amendment shall, at the request of either Pariy, be re-executed by the other
Party in an original form, and neither Party shall raise the use of a facsimile machine or the
fact that any signature was transmitted thereby, as a defense to the effectiveness of this
First Amendment.
8. Authori . Tenant and each person signing this First Amendment on behalf of
Tenant represents to Landlord as follows: (i) Tenant is duly formed and validly existing under
the laws of the State of Illinois, (ii) Tenant has and is qualified to do business in Illinois, (iii)
Tenant has the full right and authority to enter into this First Amendment, and (iv)each person
signing on behalf of Tenant was and continues to be authorized to do so.
9. Estoauel. As of the Effective Date of this First Amendment, Tenant hereby
represents, warrants and agrees that: (i) there exists no breach, default or event of default by
Landlord under the Lease, or any event or condition which,with the giving of notice or passage
of time or both, would constitute a breach, default or event of default by Landlord under the
Lease; (ii) the Lease continues to be a legal, valid and binding agreement and obligation of
Tenant; and (iii)Tenant has no current offset or defense to its performance or obfigations under
the Lease. Tenant hereby waives and re�ases alt demands, charges, claims, accounts or
causes of action of any nature against Landlord or Landlord's employees or agents, including
without limitation, both known and unknown demands, charges, claims, accounts, and causes
of action that have previously arisen out of or in connection with the Lease.
10. No Rearesentations. Landlord and Landlord's agents have made no
representations or promises, express or implied, in connection with this First Amendment
except as expressly set forth herein and Tenant has not relied on any representations except
as expressly set forth herein.
11. Ratification. In all other respects, the Lease, as amended, is hereby ratified
and affirmed and shall remain in full force and effect.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, Landlord and Tenant have executed this First Amendment
as of the date and year first above written.
LANDLORD:
VILLAGE OF BUFFALO GROVE, an Iilinois
home rule municipality
By: _
Name: DA� � �c�x�
Title: U��Ar� M,o^.�bt�
Date of Execution: � �� Z 3
TENANT:
WJN GOLF LLC, an Illinois limited liability
company, d/b/a "WJ Golf"
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By: . C ��� �, �:.
Name: ��� , Ll-.t
Title: �
Date of Execution: 5 � � � � � � Z �
EXHIBIT "A"
REVISED RENT SCEDULE
Tenant covenants and agrees to pay annual minimum rent ("Minimum Rent") to
Landlord, in monthly installments, in advance, according to the following schedule:
Due Date Monthly Rent
5/15/2022 $5,000.00 Paid
6/15/2022 $5,000.00 Paid
7/15/2022 $5,000.00 Paid
8/15/2022 $10,416.67 Paid
9/15/2022 $10,416.67 Paid
10/15/2022 $10,416.67 Paid
11/15/2022 $10,416.67 Paid
12/15/2022 $10,416.67 Paid
1/15/2023 $10,416.67 Paid
2/15/2023 $10,416.67 Paid
3/15/2023 $10,416.67 Paid
4/15/2023 $10,416.67 Paid
Year2 5/15/2023 $4,583.34
6/15/2023 $4,583.34
7/15/2023 $4,583.34
8/15/2023 $4,583.34
9/15/2023 $4,583.34
10/15/2023 $4,583.34
11/15/2023 $4,583.34
12/15/2023 $4,583.34
1/15/2024 $4,583.34
2/15/2024 $4,583.34
3/15/2024 $4,583.34
4/15/2024 $4,583.34
Total Minimum Annual Rent $55,000.08
Year3 5/15/2024 $10,416.67
6/15/2024 $10,416.67
7/15/2024 $10,416.67
8/15/2024 $10,416.67
9/15/2024 $10,416.67
10/15i2024 $10,416.67
11/15/2024 $10,416.67
12/15/2024 $10,416.67
1/15/2025 $11,875.00 Additional monthly rent in the amount of
$1,458.33 begins for next 48 months
2/15/2025 $11,875.00
3/15/2025 $11,875.00
4/15/2025 $11,875.00
Total Minimum Annual Rent $130,833.36
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Year 4 5/15j2025 $12,005.21 �
6/15/2025 $12,005.21
7/15/2025 $12,005.21
8/15/2025 $12,005.21
9/15/2025 $12,005.21
10/15/2025 $12,005.21
11/15/2025 $12,005.21
12/15/2025 $12,005.21
1/15/2026 $12,005.21
2/15/2026 $12,005.21
3/15/2026 $12,005.21
4/15/2026 $12,005.21
Total Minimum Annual Rent $144,062.52
Year 5 5/15�2026 $12,137.04
6/15/2026 $12,137.04
7/15/2026 $12,137.04
8/15/2026 $12,137.04
9/15/2026 $12,137.04
10/15/2026 $12,137.04
11/15/2026 $12,137.04
12/15/2026 $12,137.04
1/15/2027 $12,137.04
2/15/2027 $12,137.04
3/15/2027 $12,137.04
4/15/2027 $12,137.04
Total Minimum Annual Rent $145,644.48
Year 6 5/15j2027 $12,270.53
6/15/2027 $12,270.53
7/15/2027 $12,270.53
8/15/2027 $12,270.53
9/15/2027 $12,270.53
10/15/2027 $12,270.53
11/15/2027 $12,270.53
12/15/2027 $12,270.53
1/15/2028 $12,270.53
2/15/2028 $12,270.53
3/15/2028 $12,270.53
4/15/2028 $12,270.53
Total Minimum Annual Rent $147,246.36
Year 7 5/15/2028 $12,405.68
6/15/2028 $12,405.68
7/15/2028 $12,405.68
8/15/2028 $12,405.68
9/15/2028 $12,405.68
10/15/2028 $12,405.68
11/15/2028 $12,405.68
12/15/2028 $12,405.68
1/15/2029 $10,947.35
2/15/2029 $10,947.35
3/15/2029 $10,947.35
4/15/2029 $10,947.35
Total Minimum Annual Rent $143,034.84
Year 8 5/15/202� ` $11,084.19
6/15/2029 $11,084.19
7/15/2029 $11,084.19
8/15/2029 $11,084.19
9/15/2029 $11,084.19
10/15/2029 $11,084.19
11/15/2029 $11,084.19
12/15/2U29 $11,084.19
1/15/2030 $11,084.19
2/15/2030 $11,084.19
3/15/2030 $11,084.19
4/15/2030 $11,084.19
Total Minimum Annual Rent $133,010.28
Year 9 5/15/2030 $11,222.74
6/15/2030 $11,222.74
7/15/2030 $11,222.74
8/15/2030 $11,222.74
9/15/2030 $11,222.74
10/15/2030 $11,222.74
11/15/2030 $11,222.74
12/15/2030 $11,222.74
1/15/2031 $11,222.74
2/15/2031 $11,222.74
3/15/2031 $11,222.74
4/15/2031 $11,222.74
Total Minimum Annual Rent $134,672.88
Year 10 5/15/2031 $11,363.03
6/15/2031 $11,363.03
7/15/2031 $11,363.03
8/15/2031 $11,363.03
9/15/2031 $11,363.03
10/15/2031 $11,363.03
11/15/2031 $11,363.03
12/15/2031 $11,363.03
1/15/2032 $11,363.03
2/15/2032 $11,363.03
3/15/2032 $11,363.03
4/15/2032 $11,363.03
Total Minimum Annual Rent $136,356.36
EXHIBIT "B"
TENANT'S ILLUMINATED SIGN DEPICTION
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