1980-03-03 - Resolution 1980-10 - Accepting a Lease between VBG and James Bakshis and Michael Downar •
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RESOLUTION NO. 80 - 10
A RESOLUTION ACCEPTING A LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE
AND JAMES BAKSHIS AND MICHAEL DOWNAR, A PARTNERSHIP
BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, THAT:
SECTION 1 . The President and Clerk be and they are hereby authorized
and directed to execute a lease for the operation of the restaurant and
bar facilities in the Buffalo Grove Golf Course Club House dated March 3,
1980, between the Village of Buffalo Grove and James Bakshis and Michael
Downar, a partnership.
SECTION 2. A copy of said executed lease is attached and made a
part thereof.
AYES: 4 - Marienthal , Stone, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - O 'Reilly, Gerschefske
PASSED: March 3 1980.
APPROVED: March 3 , 1980.
Village esicent
ATTEST:
i 1-age Clerk
I 1
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LEASE
This lease entered into this 3rd day of March, 1980, by and between
THE VILLAGE OF BUFFALO GROVE, a municipal corporation of Cook and Lake
Counties, Illinois, ("Lessor"), and JAMES BAKSHIS and MICHAEL DOWNAR,
Pl.ayors.Pub House, a general partnership ("Lessee) :
WITNESSETH:
1 . Lease:
Lessor hereby leases to Lessee the restaurant facilities located •
in the Buffalo Grove Golf Course Club House at 48 Raupp Boulevard, Buffalo
Grove, Illinois, to be used and occupied by Lessee as a restaurant and lounge
(sale of liquor included) for the term commencing March 17, 1980, and ending
the 31st day of December 1980, unless otherwise terminated as hereinafter set
forth:
2. Rent:
Rent shall be due and payable on the first day of each month
beginning March 17, 1980. .Rent shall be paid as follows:
(a) Lessee shall pay the sum of five hundred twenty-five dollars
($525.00) per month base rent except as provided in paragraphs
2(b) and 2(c) below.
(b) During the months of November, December, January, and February,
Lessee shall pay the sum of two hundred dollars ($200.00) per
month base rent. Lessee may petition for a rent discount for
the same months in subsequent years which may be granted solely
at the discretion of the Lessor.
(c) In addition to the base monthly rent, Lessor sha1 charge
Lessee 10% of monthly sales over and above the gross sales
of $5,250.00 for the months of March through October and 10%
of monthly sales over and above the gross sales of $2,000.00
for the months of November through February as referenced
in paragraphs 2(a) and 2(b) above. The charge will be made
teased upon verified copies of the Lessee's monthly sales tax
returns filed with Lessor as referenced in paragraph 20.
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3. Utilities:
Lessor and Lessee shall share on a square footage determination
the cost of all utilities including electricity, gas, water, heating, and
air conditioning. All bills for same shall be in Lessor's name and Lessor
shall pay same. Lessor shall subsequently bill out to Lessee the pro-rata
charge to be determined and added as Exhibit "A" to this document. Lessee
shall pay Lessor within fifteen (15) days after receipt of his pro-rated
share. Lessor shall work with Lessee to enhance physical facility to attempt
all possible energy conservation measures.
4. Cleaning:
Lessee shall maintain, clean and keep in good repair all appropriate
areas within the Club House including the washrooms. Lessee shall maintain,
clean and keep in good repair the walk-in cooler and the outside garbage/refuse
area. Maintenance will be concluded by 5:00 A.M. daily. Lessor shall maintain
and clean all other outside areas (including parking lot) of the demised
premises. Lessee's area shall be maintained in a condition acceptable to
Lessor's Village Health Officer, If Lessee receives violations from the Health
Officer and does not correct same within two (2) days, then Lessor will correct
same and bill Lessee at the rate of $15.00 per hour. It is expressly understood
by the parties hereto that notwithstanding anything to the contrary, the Lessee
shall not be responsible for making any repairs to the parking lot.
5. Compliance:
During the term of the Lease, Lessee shall comply with all Federal ,
State, County, and Village statutes and ordinances including but not by way of
limitation, State of Illinois and Village liquor licenses on municipally owned
Golf Course.
6. Alterations:
Lessee shall make no material changes, alterations or additions
in, on or to the demised premises without the prior written consent of the
Lessor.
7. Equipment:
Within seven (7) days of occupancy, Lessee shall acknowledge in
writing that he has inspected all equipment set forth in the schedule herein
and that all such equipment is in good operating condition.
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Lessee shall have the right to substitute equipment for that on
premises. All expense of connection and installation shall be borne by Lessee.
All removed equipment shall be stored by the Lessor. Upon termination of Lease
for any cause, the Lessee shall reinstall old equipment without cost to Lessor,
provided that the premises shall be in the same condition as prior to removal .
If structural changes are necessary to install the new equipment, said equipment
shall remain and shall be the sole property of the Lessor.
8. Maintenance:
Lessee shall notify Lessor of any equipment (other than equipment
Lessee installs on the premises) that is in need of repair. Lessor shall
determine if said equipment is repairable and, if so, Lessee shall pay the
first one hundred dollars ($100.00) of the repair cost. If Lessor shall determine
that equipment is not repairable, then Lessor shall replace said equipment with
equipment of like kind and quality without charge to Lessee. All equipment
installed by Lessee shall be maintained and repaired by Lessee.
_9. Termination:
(a) In the event of any default in the terms hereof and if the
same are not corrected within thirty (30) days from written notice of same, the
Lessor may terminate the Lease and take possession of the premises and equipment
without the necessity of institution of eviction proceedings.
(b) Each of the parties hereto shall have recourse to any Court
of Law or equity to enforce the provisions of this Lease as set forth herein.
(c) Upon termination for whatever reason, the Lessee shall
deliver up the premises and the equipment listed in the attached schedule
(along with any replaced equipment that cannot be removed) in such a manner as
provided in paragraph 7 in a clean operating and sanitary condition, except
for ordinary wear and tear.
10. Bankruptcy:
In the event that Lessee shall become bankrupt or shall make a
voluntary assignment for benefit of creditors, or in the event that a receiver
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is appointed, then, at the option of the Lessor on twenty (20) days written
notice, this Lease may be terminated.
11. Hours of Operation:
Notwithstanding the provisions of any statute or Village Ordinance,
the hours of operation shall be approved in advance by Lessor's authorized agent,
and such approval shall not be unreasonably withheld. The hours of operation
will be submitted to the Lessor quarterly on a calendar year basis. The hours
of operation shall be posted prominently both within and without the premises.
12. Operation:
Lessee shall operate said facilities as a restaurant and lounge
meeting the' requirements of a Golf Course and Country Club Operation as determined
by the Lessor.
13. Licenses:
Lessee shall obtain a Village of Buffalo Grove business license,
a Village of Buffalo Grove liquor license and a State of Illinois liquor license
and any and all applicable federal licenses prior to opening for sales to the
public. In the event Lessee is unable to obtain any such licenses, then this
lease shall be null and void.
14. Lawfulness:
Lessee shall not conduct or permit any conduct on the demised
premises which is contrary to the laws of any government authority.
15. Coin Operated Machine and Tobacco Sales:
Lessor may maintain on the premises and have the proceeds of one
candy machine. No other coin operated machines shall be allowed on the demised
premises without the written consent of the Lessor. Lessor shall obtain
licenses on its machine as per Village Ordinances.
Lessee shall have the right to sell cigarettes on premises over the
counter and have the proceeds of these sales less 15% which shall be remitted
to the Lessor on a monthly basis. Lessee shall obtain the required license
and shall conform to the applicable Village Ordinances regarding tobacco dealers.
INITIALS
16. Signs:
Lessor may be permitted to display such exterior signs as permitted
by Village Ordinances. Lessor shall pay for the construction of any such signs.
• At the termination of this Lease any such signs shall become Lessor's property.
17. Access:
Lessee shall allow Lessor free access to the demised premises for
the purposes of examining same to ascertain that they are in good repair and in
clean and sanitary condition.
It is understood that the building is basically a Golf Course
facility and that nothing herein contained shall interfere with the operation
as such.
18. Security Deposit:
Upon the execution of this Lease, Lessee shall deposit with Lessor
Two Thousand arid no/100 Dollars ($2,000.00) as a security deposit to guarantee
Lessee's faithful performance of this lease.
19. Inventory:
Prior to occupancy of the premises, Lessee and Lessor shall
conduct a joint inventory of all supplies, including but not limited to plates,
glasses, pots and pans, all moveable equipment and all fixtures. This inventory
shall be signed by Lessee and Lessor and attached to this Lease as Exhibit "B".
Additional or replacement supplies shall be at Lessee's expense.
20. Examination of Records:
A verified copy of the Lessee's monthly sales tax returns for each
month of operation will be given to the Lessor's authorized agent only
no later than fifteen (15) days after the end of each lease month. Lessor
will pledge to keep such returns confidential and not open to any public
inspection.
21 . Decorating and Capital Improvements:
Decorating or new capital improvements shall be done at Lessee's
expense with the exception of those improvements set forth in paragraphs 16
and 22.
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22. Outside Lighting:
Any outside lighting of the premises shall be done in Lessor's
sole discretion and at Lessor's cost. Any outside lighting of an exterior
sign shall be done at Lessor's cost.
23. Assignments/Sub-Lease:
This Lease is not assignable by either party hereto except that
the Lessee reserves the right to assign the lease to a corporation whose
sole shareholders shall be the principals of the partnership subject to
Village approval .
24. Insurance:
Lessee shall (during the term and any extension hereof) maintain
the following insurance in companies acceptable to the Lessor:
(a) Workmen's Compensation (Lessee will furnish Certificate of
Insurance thereof)
(b) Dram Shop ($500,000.00) (Lessor shall be named as an
additional insured thereon)
(c) General Liability ($500,000.00/$1 ,000.,000 bodily injury
and $50,000.00/$50,000.00 property damage) (Lessor shall be
named an additional insured as their interest appears. This
will not require Lessee to provide said insurance to cover
parking lot.)
(d) Lessor shall provide fire and extended coverage on the
• building and its contents which insurance policy shall contain
a "Waiver of Subrogation" against Lessee. Lessee shall pay
Lessor for the cost of said Waiver of Subrogation endorsement
on a pro-rated basis. Said cost is entimated at $100 per
policy year.
Lessee will be responsible for providing its own insurance covering
its equipment and inventory. Evidence of such insurance shall be furnished
Lessor prior to taking possession of the premises.
In the event the Lessee does anything on the demised premises
which raises existing insurance rates on the building, the Lessor shall notify
the Lessee and unless the same is corrected within two (2) days after notifica-
tion, Lessor shall require Lessee to pay the excess.
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25. Sales on Golf Course Property:
(a) At the request of the Lessor through its authorized agent,
Lessee shall have non-exclusive right to bid to provide food, beer, and soft
. drinks for the annual Buffalo Grove Days festivities, July 4th fireworks show
sponsored by the Village of Buffalo Grove or a non-profit organization recognized
by the Village of Buffalo Grove, and any and all Village activities as recognized
by the Lessor's authorized agent.
(b) Lessor shall, upon seven (7) days written notice to Lessee,
be entitled to limited possession of the leased premises to the exclusion of
Lessee for the purpose of holding Village of Buffalo Grove related activities
not to exceed five (5) times per year. If, however, the use of the kitchen
and bar will be required, written approval of the Lessee will be necessary.
(c) For the annual Buffalo Grove Days festivities and July 4th
fireworks show, Lessee shall permit the sale of food, beer, and soft drinks on
the Golf Course property but outside the club house building.
26. Remedies:
The rights and remedies of the parties under this Lease are
cumulative. The exercise or use of any one or more thereof shall not bar
Lessor from exercise of use of any other right or remedy provided herein or
otherwise provided by law, nor shall exericse nor use of any right or remedy
by Lessor waive any other right or remedy.
27. Casualty:
In case the Premises shall be rendered untenantable during the
term of this Lease by fire or other casualty, Lessor at his option may terminate
the Lease or repair the premises within sixty (60) days thereafter. No rent
or utilities shall be due and owing from date of casualty unti ; date premises
is rendered tenantable. If lessor elects to repair, this Lease shall remain
in effect provided such repairs are completed within said time. If Lessor shall
not have repaired the premises within said time, then the term hereby created
shall terminate. If this Lease is terminated by reason of fire or casualty as
herein specified, rent shall be apportioned and paid to the day of such fire or
other casualty.
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28. Performance:
The parties understand that Lessor has developed and maintained the
property where the Premises are situated as a place or location for a high-
quality and outstanding type of use as stated in paragraph 12 herein and,
accordingly, Lessee as a special inducement to Lessor to enter into this
Lease, covenants, agrees and represents that the business the Lessee will
conduct on the Premises will be reputable in all respects, that Lessee will
employ and operate the business in conformance with the standards followed
by restaurants and lounges dealing•in the same or similar operation or
conducting a similar business in the immediate vicinity of the Premises.
This would include amongst other things, a printed menu and advance notice
to Lessor of price changes for food and beverages sold.
29. Authorized Representatives: •
The only authorized agent of the Lessor shall be the Lessor's
Chief Administrative Officer. The authorized agents of the Lessee shall be
either James Bakshis or Michael Downar.
30. Option to Renew:
The Lessee shall have the option to renew this lease on an annual
basis beginning January 1, 1981 , provided that Lessee is not presently in
default under any of its obligations under this Lease; provided, however,
that Lessee gives written notice of such election to exercise such option to
Lessor at least ninety (90) days prior to the expiration of the term herein
provided.
31. Notices:
All notices provided herein shall be made by certified mail , return
receipt to the parties hereto as follows:
LESSOR: Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
LESSEE: Players Pub House
c/o Buffalo Grove Golf Club
48 Raupp Boulevard
Buffalo Grove, Illinois 60090
Attention: James Bakshis or
Michael Downar
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INITIALS
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32. Liability:
No personal liability shall attach to any person executing this
lease.
33. Card Play.ing, Gambling, and Quasi-Gambling Activities:
All forms of gambling are prohibited. This includes all organized
card playing, betting and other wagering activities which are deemed by the
Lessor to be not of suitable character and are prohibited from taking place
within the Buffalo Grove Golf Course Club House.
IN WITNESS WHEREOF the parties hereto have caused this Lease to be
executed the day and year first above written.
LESSOR: LESSEE: p ers b ,use a general
VILLAGE OF BUFFALO GROVE
partnership)
J m 's bks is
By 4 ,,
Village President "— ichael D gnar •
ATTEST: ATTEST:
Subscribed and sworn to before me this
3rd day of March, 1930.
Village Notary Pub l i lage Clerk , ,Ul is
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INITIALS
EXHIBIT "A"
Paragraph 3, Utilities requires the lessee and lessor to
share on a square footage basis the cost of all utilities.
The .pro-rata charge shall be billed on a percentage of
restaurant, bar, kitchen, and storage square footage to
the total square footage of the club-house. .attached are
three documents. An explanation of each is appropriate.
1) This document accumulates the square footage
calculations for all component areas of the
club-house. The final percentage basis for
utility charge-back are calculated. The
lessee shall pay 46. 06% of all utility in-
voices submitted by the Village (lessor)
under the terms of paragraph 3.
2) This graph represents the actual floor dimensions
of the club-house. This survey was conducted
by the Director of Finance and General Services
on May 5 , 1980. Dimensions are accurate although
the actual diagram is not drawn totally to scale.
3) This graph is a photocopy of #2 above and was
utilized to block out the room area for the
"'• bases of calculating the final square footage.
I/\-)tt (Lit vL-
William H. Brimm �•�
Finance Director
This exhibit is accepted under the terms of Paragraph #3 in
lease dated March 3 . 1980 between the Village of Buffalo
Grove (lessor) and James Bakshis and Michael Downar,
Players Pub House (lessee)
AP' ,t1M-R
William R. Balling ► èesakshi
.
Authorized Agent - essor
Downa
For Players Pub House
(lessee)
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