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1995-01-09 - Resolution 1995-01 - AUTHORIZING THE EXECUTION OF A LEASE BTWN VBG AND L'ELEGANTE CUISINE, INC.A RESOLUIION AIJ:IEORI Z ING TEE EXEC(IIION OF A LEASE BETWEEN TAE VIIJACE OF BUFPALO GROVE AND L'ELEGAI{TE CUISII{E. INC. I.IHEREAS, the Village of Buffalo Grove is a Home Rule Unit purauant to the IlLinois State constitution of 197O; and IIIIEREAS, It haa deternined that it !e in the best. intereEt of the Vi,llage to l€aae the restaurant and beverage services at both the Buffalo Crove colf CIub and Arboretum Gol,f couraei and I.THEREAS, the ViIlage Eolicited RequestB for Proposal to operate aaid reEtaurant and beverage services for an inlEial term beginning aE of January 1, 1995 through December 31, 1997, and IIIIEREAS, after review by a conunittee of etaff and elected officials, it was determined that L'Elegante Cuisine, Inc. would eerve the beEt intereste of the Village as originally articulated in the Request for Proposal. NOW, TIIIREFORE, BE TT RESOLVED BY THE PRESTDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE. COoK AND LAKE coUNTIEs, ILLINOIS that3 S.ctioo 1. The Village President and Clerk are hereby authorized to execute the attached leaEe entitled "Lease Between the ViIIage of Buffalo Crove and L'Elegante Cuisine, Inc." dated as of the 9th day of January, 199s. Sactioa 2. Village staff is hereby directed to insure that this implemented in order for full service to conunence at both the Grove colf Club and Arboreturn colf Course as of March 1, 1995. 4 - Marienthal, Reid, Brainan, I{endricks lease is Buffalo AYES: NAYES :0 None RECUSE: 1 - Rub in ABSENT I 0 None PASS Janua 9 ,1995. APPROVED I January 9 .1995. ag^d, ?n .8";r,,^.' viIIaqc, clerk RESOLUTION 95- i LEASE BEI!{EEN TAE VIIJ,ICE OF BUFFALO GROVE AND L'ELEGA![!A CUISI}|E, INC. fhi6 leaEe is entered into thls 9th day of January, 1995, by and between the VilLage of Buffalo crove, a municipal. corporalion ("Lesaor"), and L'Elegante Cuisine, Inc., an IlLinoia corporation ("Lesgee"): gaction A, Purpoaa of LeaEe: l. Lalre: Lessor hereby leases to Lessee the exclusive rights to operate th€ restaurant facilities and lounge located in the Buf fal.o crove colf Course club House at 48 Raupp BouLevard and reataurant and bar facilities located at the Arboretum GoIf Coura€ Club HouBe, 401 Half Day Road, Buffalo crove, Illi.noia. The lelsed areaa are further deplcted in part on Exhibit "A" attached hereto and may herslnafter be referred to a8 the "Premiae8" and are to be used and occupied by Leaaee aE reataurantE, bar and Lounge (Eale of liquor Included) for the term commenci.ng January 1, 1995 through December 31, 1997, with optiong to extend for up to two (2) addl.tional yearE upon termg mutually acceptable to both parties to thLa Lea6e unleEa otherwiae terminated as hereinafter set forth. Addi.tionaL optlon perloda may be granted upon terms mutually acceptable to both partieE to thiE Leage. Premiaea wlll also include areas ae further depicted on Exhibit" A" and other areaa aa included from time to time by amendment hereto. Additionally, the LeEBee shall be given accesa to areas adjacent to the club houEe faclltties that wiLl include but not be limited to patlos, event tents and golf courEe groundg for the purpoae of utllizing beverage carts. SGctl,on E. f6rar rEd coaditioas 3 1. Oparatl,oa3! LeEEee ahall operate the Premises ag regtaurantE, lounges and barB meeting the requirements of both a golf course and country club operatLon aE weII aa a public restaurant and lounge as reaaonably determined by the Lessor that are in conformance with standards followed by restaurants and loung€s Ln the same or Blmilar operatlon. Leasor and Lessee shall work together to develop operatlonal EtandardB and parametera in order to meet mutual goalE and objectives. LeEEor reBerves the right to approve service standards that inEure that banquets, outingE and corununity based events are accornmodated. Services shall be year around at the Buffalo crove GoIf CIub and Eeasonal!.y at the Arboretum Colf Courae although aeaaonal gervice conaiderations will be evaluated at the Buffalo crove colf CIub. SeaEonal coordination mus! be in concert wtth the intentlonB of the VilLage's Director of colf Operations who will coordinate golf outj.ng8 and banquets with LesEee. 2. Llirfuln3ss r Lessee shall not conduc! or permit any conduct on the demiEed Premise3 $rhich is contrary to the lawa of any governmental authority. 3. Colplhacrs During the term of thiE Leage, Lessee shall comply with aLl. Federal, State. County and Village atatutes and ordinancea, including but not by way of limitation, State of I1!.Inois and Vill.age of BuffaLo crove liquor control ordinances and Etatutea for operatlon on a rnunicipal ly-owned golf faci.lity. 1 {' Lic.asGs: LeEaee Eharr obtain for each faclrity to be operated a virr,age of Buffaro crove busineaa ricense, vilrage of Buffaro crove riquor ricense, astate of rlllnois liquor ricenae and any and arl applr.cable Federal rrcengeeprior to openlng for Earea to the public. rn the event Lessee la unabl,e to obtain or retaln any such licenaes, then thiE Lease ahall be null, and void. 5. Eourr of op.retion! Notwithstanding the provi'iona of any state atatute or village ordinance, the houra of operation Eharr be approved in advance by the LeaEor and Buch approval EhaII not be unreasonably withheld. The hourE of op€ration Ehall be eatabri'hed between the LesEor and LeEEee ba.ed upon the beEt Judgement of Lessee and approved by Lessor and auch approval will not be unreasonably r"rithheLd. Lessor ahall remain flexible to changes of hourE of oPeration baEed on aeaEonar considerations. However, any substantial change in houra of Bervice wirr require a thlrty (30) day notice to Lessor prior to taking effect. 6.Perforna nce:The partlea understand that Lessor has developed and maintained the property where the premiseE are aituated as a place for a highquality type of uBe aa stated in section B, paragraph t herein. and accordingly, Leaaee, aE a apeclal inducement to Lessor to enter into this Lease, covenant', agreeB and repreaenta that the bueiness the LeEBee wirr conduct on the premigea wirr be reputabre in all respect.s, thar Lessee wllr emproy and operate bothfacilities Ln conformance with the standards followed by restaurantE, Iounges andbare dealing in the Bame or aimilar operation. 7. Acccst3 Lesaee Bhall alloh, the Lessor reaEonable acces', upon notice to LeEsee, to the premigeB for the purposea of examining same to ascertaln that theyare in good repair and in clean and Banitary condition. rt !s underatood thatthe propertieE are baaicarry gorf course faciritieE and thaE nothing hereincontarned sharr interfere with the operation as such. Lessee sharr have accessto parking lot and other parts of alI faciritiea for naking any necessary repairsor maintenance. 8.ReDed es I The rights and remedies of the parties under this Lease arecumulative. The exercise or uae of any one or more thereof shall, not bar LeEaoror Leagee from exerclae of uBe of any other right or remedy provided herein orotherwiae provlded by law, nor Ehall exercise nor use of any right or renedy byLegaor waive any other right or remedy. 9. sccurity Deposit! LeEEee shall post a refundable, cash security depoEitr.rith the LeEBor, grhich shall be held in an interest bearing account, in the amount of 55,0O0 for the faithful performance of this Lease. However, aperformance bond in the Iike amount, in a form and manner acceptable to the LeEEor, may be Eubstrtuted for a cash security deposit, rnterest earned on aaidBecurity deposit will be refunded to Leasee on a quarlerl.y basis. ff for any r€aaon Legaor thalr be required to draw from said security deposit, Lessee shallrepleniBh wtthin thirty (30) days aaid draw to initlal batance of depoBit. 2 where auch aalea may be booked or reserved. certified computer generated salea figurea to reLative to rental, structure t Any optlon period adjustmentg 10.rrent Inw tory !The village wllL not provide an inventory of food and beverage3 at time of execution of thi' Lea.e although LeEBee shall have the option to purchase any remaining inventory upon mutually agreeable terma prior to l{arch 1, 1995. gactl,op C. Rapt rpd otb€r coapeosatioE. t. Rant ! Beginning March l, 1995 and payable monthr.y in arrearg, Lessee shall pay aE rent a sum eguivalent to St of grosE food and beverage EaIeB, excluding aaleB tax and aervice chargea (deflned as gratuitieg and other feea charged over and above food and beverage sares. which wourd lncrude but not be lltnited to, banquet wage differentialE, equipment charges, etc.) to Leaaor, for all food and beverage Ealea on the premiEes and surrounding areas regardleaa of Lessee Bhall submit Lessor along with an monthJ-y, operating This rentatatement to Eupport the remittance which identifies service charges. Ehal} appry only to carendar years 199s-1997. Leasor and Lessee sharl work together to determine a fair and adequate rentar atructure for subaequent optiony€ara of thiE Leaae baaed upon performance reviews and terms and conditions utirit s!Beginn!ng Equare footage baaig the cost water for the club house fac Leagor'a nane and LesBor aha hat are acceptable to both partieE to this Leaae. Bhall be amendmenta to thia LeaEe. March 1, 1995, LesEor and Lessee shall share on a of all utilities including eleclricity, gaa and ilities onLy. AII bills for sane shaLl be in 1l pay same as additional rent. Lessor BhaIl 2. Bubaequentry lnvoice LesEee the pro-rated charge to be determined as per Exhibit "A' to this document. LeEaee aharr pay Lessor withi,n thirty (30) alays afterreceipt the invoiced pro-rated ahare of uti,ritieE. Leaaor sharr provide a recordof computatron' uaed in determining utirity charges due. LeEaee and Lesaor aharr work together to maintain practiceg that wirl minimize the cost of utilities toboth parties of the LeaEe. AdditionalLy, Lessee wirr maintain the current telephone servi.ce for thePremiseE and wilr be invoiced monthry based on actual u'age and rine/eervicerelated chargeE. Legsor BhaII provide a record of computations used indetermlnlng telephone charges due. As of the date of thia Lease, the phone nunbera asErgned to Lesaee are 708-459-5522 and 7og-45g-5523. Any extenEions added for the excrusive use of Lessee sharr. be added as an amendnent to this LeaEe. 3. ExaniBatj,op of R6cords: Annually, Lessor reserves the right to reviewthe records of the Leasee reLating to the operation of the premises only in orderto determl,ne what Ehould be a fair and equitable monthly rent in any subaequentoPtion years of this Lease. The records nay be reviewed by the Leaaor.aAuthorized Agent or repreEenEatlve(s). Lessor wlrr predge to keep such returnaconfidential and not open to any public inspectlon if not in violation or 3 contrary to any lawg. Sactl,o! D. c.l,Gaaipq, Ual,ptepaoco & Ioproveaents s l. Clrlaiaq3 Leaaee ahall maintain. clean and keep in good repair all areag relatod to the reBtaurants within the club houae facilitiea and adjacent areaB where food and beverage gerviceE h,irr be provided from time to tirne, includlng the washroomE. Leagee 6haLl coordinate with the Legsor,s Director of Golf op€ratrona to deveLop an acceptable rever of gervice and EtandardE for the creanlng of lraahroom areag. Lesgee ahaLr not be re'ponsibLe for the creaning of the locker room ar€ag wi.thin the premiaea unleaa circumstance8 reguire LeEsee acceaa to guch areas. Lea'ee shal'l maintain. crean and keep in good repair arr. kitchen and beverage dlspensing equipflent (inctuding but not ti-mited to, walk-in coorerg and fteezets, rangea, gtoves) and outaide garbage/refuse and storage areas. Dai.Iy creanlng aharr be concluded prior to opening on a dairy basiE. Lessor ahalr be reaponalbre for malntaini.ng and cleaning alr other outBide areas (incruding parking lotE) along with thoEe portions of the crub houEee and adjacent areaa cornmitted to golf pray. LeEaee'E area Eharl be maintained in a condition acceptable to LeaEor'B Health officer. rf Lessee receives violations from the Bearth officer and doee not take corrective action within tero (2) dayE, then Leaaor wlll correct same and invoice Lessee for the coata to co*ect the violatlon(s). It Is expresaly understood by the partles hereto that notr.rithEtanding anything to the contrary, the LesBee Bharl not be responsibre for making any repairs to the parking rots at the Buffaro crove corf crub or Arboretum CoIf CourEe. 2. xll'ntell,,cr: I'raintenance, repracement, upkeep and diEposar of equiExnent and furnlEhingg liBted rn Exhtbit "8" to this Lease $rill be the obligation of the LeEsee. LesEee Ehall be responsibre for any malntenance and repairs, with the exceptlon of major repaira. r{ajor repalrs aharl be any repair exceeding ssoo.oo to LeEsor'E equipment and furnishings risted in Exhibit "B" for whi.ch LeEEor shall be reaponsible. Any di8poEaL of equipment liated must be approved by Ehe Lessor prior to diapoaal. Arl equipnent that iE installed by the Lessee over and above that equipment ao li.ted Ehall arso be maintai.ned and repaired by LeEsee. Lea8or ahall maintain al.r other areas in good repair incruding, but not limited to, aewers, utiLLtieE, heating and air conditioning sygtens. 3. EouiDpetrt s Legsor owns the equipment and furnishingE as liEted on Exhrbtt "Bn hereto. within seven (?) days of execution of thls Lease and before the exerclse of any option, Lesaee shalI acknowledge in writing that an inEpection has taken place on all equipment and furnishingB so listed on Exhibit 'B" and that all Euch equipment and furnishingB are in good operating condition and whether any equipment and furniahings should be repLaced/ repa ired. Leasee Ehall have the right to aubstitute equipment and furnishings for that in Exhibit 4 "B". All €xpenae of connection and installation 8ha11 be borne by LeEEee. AII rernoved equitrment shall be stored by Lesaor. Upon termination of thia LeaEe for any cauae, tha Lessee shall rei-ngtall old equipment without coat to LeEaor, provided that th€ Premises ahall be !n the sarne condition as prior to removal. If structural changes are neceEgary to install any new equipment, Lessee shall have the optlon of either reEtorlng the PremiaeE to the aa.lne condition prior to the installatlon of the new equitxnent or said equipment shall remaln and ahall be the sole property of Lesaor. Upon execution of this Lease, LeEEee shall prepare and submit an acceptabLe plan to LeEEor for either the repalr or replacement (!t LeaEor'a cost) of the dining room chairE uEed at th€ Buffal,o Grove eolf Club, whi.ch for 1995 shall be, at a minimum. 50t of the current chalr lnventory as noted on Exhlbit "B'. Upon termination of thi8 Lease for whatever reason, LesBor ahall have the right of first refuEal to purchase any Lessee installed non-mobiLe equipment and fixturea at i.t3 fair market value. Such fair market value shall be determined through a fair appraigal of such equipment and fixtureg to be conducted by an appraiser to b€ retained by Leaaor who shall conduct Euch appraigaL and EhaII be pald by LeBEor. AppraiEer EhaII not be denied acceEB to review any and all equitrment and fixtureE on the PremiEeE for the purpoge of determining the market value of Euch equipnent and fixtureg. A copy of paid lnvoices for fair equiExnent ao purchaaed by Lessee under thiB paragraph shalt be forwarded LeEsor within thirty (30) daya of purchase. any to Lesgor'a first right of refuaal, as set forth above shall be exerciged wlthin thlrty (30) days of terminatlon of thia Lease. LeaEBe will aEaume any and a1l liabiJ.ity for equipment and furnishingg aEsutned for ua€ prLor to opening. Lesaee ahall be reaponsible for any rental and maintenance expenBes incurred aa a result of maintaining bar cart service upon the premlaea. {. Dacorltlnq apd Cepltll Ipprovepetrt: Decorating or new capital Lmprovem€ntE Ehatl be done at Lessee,s expense. unl,ess waived, upon written notl'ce to and approval by the Legaor wlth the exception of thoEe improvementa set forth in Sectlon D, paragraph 5 belolr. Any capital. lmprovementE shall become part of Le8sor,s property. 5. OutaLala Llqhtitcr: Any out3ide lighting of the premises shall be done in LeEsor'a sole diacretj.on and at Leasor,B coat. Any outside lighting of an exterior Eign Bhall be done at LeEEee'a cost unless waived or shared with the Lesaor. 6. s LeEgee may be permitted to dlsplay such exterior waII signB asal permitted by the village. Le3aor Ehal.l pay for the construction of any such srgnE unresa Ehared with the Le'see aa part of Leasehold rmprovements. At termination of thiE Lease, any auch aigns shall become the Lessor,E property. 7. L.laGbold Ipproverepta 3 Relative to Section D, paragraphs 4-6, Lessor 5 Ehall provlde an amount not to exceed S5,O0O to LeEEee for approved leagehold lmproveEenta. Any improvementg ahall be property of Leasor. LeBEee shall, beginning l,larch 1, 1995 and ending December 3L, !997, remit thirty-tvro (32) nonthly paymenta to Lesgor j,n an amount equal to 5151.52 with a final remittance of 5151.36 ln addition to any Rent due as required under section C, Paragraph 1 in repayment of thia leaaehold improvement. If thiB Leaae Ehould terminate at any tlme prLor to January 1, 1998 for r,rhatever reason, any amount outEtandlng shaLl be du€ Imnediately or Bhall be deducted from the Leaae securl.ty depo3lt. 8. AltarltLops 3 LeEEee shall make no material changes, alterations or addltionE in, on, or to the Premises withouE the written consent of the LeBaor which Ehall not be unreaaonably withheld. 9. coin oDerated Anusenent Machines & Tobacco sales:Lessee may maintain on both PremiaeB and have the proceeds of coin operated anuaement vending machines rrithin the limits permitted by Village Ordinance. Lessee shall obtain Ilcengeg on any machineE so permitted by village Ordinance. Lessee shall have the rlght to Bell tobacco producta through a vending machine maintained by L€aE€e. LeEaee Ehall obtain the required licenae and Ehall conform to Vlllage ordinances . grctio! E. At rLqaleot of Lease3 1. ltilaalrnt3 The LesEee Ehall not have the rlght to assign this Lease r.rlthout the LesEor's prior written consent which ehall not be unrea8onably wlthheld. ConBent shalI be based on, but not Iimited to, the following criterion: financial ability to perforn, knowtedge in the businesa of operatlng food and bar facllitie6, ability to maintain aervice Levela requlred by Lessor that are in conformance with the terms and conditions of this Lease. Lessee shall give Lessor one-hundred twenty (120) days notice prior to any conaideration of assl.gnment. In the event of any such aaaignment of this Lease, the Lessee EhaII be releaBed from any and al.I liability arising or accruing under this LeaEe after th€ date of guch aEsignment, provided that the assignee executes, acknowledgeg, and deLivers a valid, binding, and aufficient inEtrument in writing. directly enforceable by the Leaaor, containlng the assignee,s assumption and agreement to pay alL rent and other anounts reserved in thiB Lease and to perform alI of the covenantE. proviBions, and conditions thereof. and that an original of such aaaumption and agreement be deLivered to the Lessor. rn no other circumatance ahall the Legsee be Eo releaaed, nor ahall the acceptance of rent by the LeEsor from any Euch aBal,gnee ln any case operate or be taken to work or effect Euch reIeaEe. S.ctioD F.mLnation ! I Te atiotr !In the event of any default i-n the terms hereof and if the same are not corrected wlthin thirty (30) days [with the exception being the faiLure to remit rent or utirity reimburEements h,hich should be corrected $rithin 6 ton (10) daya from written notice of Eamel, the Lessor may terminate the Lease rnd take poaseaa.Lon of the Premiges and eguj,pment with the ingtitution of €vlction proceedingg and the exercl,ae of due proceEg of Law. Each of the partiea hareto ahall have the recourae to any Court of Law or equity to enforce the provisions of thiE LeaEe aE aet forth herein. Lessee Ehall have the firEt option of terminating thie Leaae no later than November 1, 1995 and on each November 1st thereafter, effective the following January 1st, of any calendar year of thi3 LeaBe. ReaaonE for terminatlon shall bo demonstrated to the LeEsor prj.or to any auch termination. Upon termination for whatever reason, the Lessee BhaII deliver up the PremiseB and the egulpment li8ted in the attached Exhibit "B" (along with any replaced equilment or furnishings that cannot be removed) and that equilment and furnishlnga noted in Section D. Paragraph 3 that LeEaor has exercised itg right of fir3t refusal on in a clean, operating and eanitary condition except for ordlnary wear and tear. 2. Batrkruptcv ! In the event that Lessee shall bec ome bankrupt or ehall make a voluntary agaignnent for the benefit of creditors. on in the event that a receiver Is appointed, then, at the option of the LeaEor on thirty (3O) dayE written notlce, this Leaae may be terminated. 3. caB ualtv 3 In case the PremiEes shall be rendered untenantable durlng the term of thlE Lease by fire or other casualty, Lessor at its optlon may terminate thi5 Leaae or repair the Premiaea within ninety (90) days thereafter, which may be extended due to circumstances brought upon by the extent of the loss. No rent or utiliti€E shall be due and owing from the date of the fire or other caEual.ty untiL the date the PremiseE is rendered tenantable. If Lessor elects to repair, thls Leaae ehall remaln Ln effect provided auch repaLrs are completed in an expedltlouB manner. If LeEEor Bhal!. not have repaired the premises r,rithin an agreed time, then Legsee may terminate thia Leaae. If this Leaae is termlnated by reason of fire or cagualty ae herein specified, rent shall be apportioned and pald to the day of such fire or other cagualty. S.ction O. C.n!r!l CoaditLons r l. fn3uralccs LeEBee Bhall (during the term and any extension hereof) maintain Lnsurance acceptabre to LesEor and such inBurance Eharr be in the following amountE: (Al l{orker, E CompenBation at the requlred Etatutory levelE. (B) Dra$ Shop (51,000,000) with LesEor na$ed as an additional inEured thereln. (c) ceneral Llabllity (S1,00O,000/52,000,OO0 bodily injury and property damage). Lesaor ehall be named as an additj.onal insured as their intereat appearE. This wlII not require LesEee to provide inaurance to cover parklng lot. (D) Lessor ahalL provide fire and extended coverage on the building and 1 Its contents which lnBurance policy EhalI contain a "waiver of subrogation" against LeBEee. LeaEee Ehall, pay Lessor for the coEt, if any, of Eald "waiver of subrogation" endorsement on a pro-rated basi6. Leaaee will be responaible for provlding its own insurance covering itg equipnent and inventory. Evidence of Euch ineurance shall, be furnished to Leagee prior to takLng poaa€sslon of the Premisea. Lessor shal1 in addition to providing certlficatea of inEurance to Lesgee for the above named coverageB, name the vil.lage of BuffaLo crove aa an additional. insured and provide for the hold harmleEs of the village, ita employees, officers and agents from any and aII caus€g of actlon, claima, loEaea, injury, damages, legal expenseE, feeE, and other costa that may ariEe from the operation of PremiaeB and executlon of thls LeaEe by the Lessee. 2. SrlGr oa CoIf Courae Properties: Lessee shall have a non-exclusive ri ghr to bid to prov!.de food and beverageE for the annual Buffalo crove Daya fegtlvities, JuIy 4th fireworks show sponsored by the Vlllage or for any non- proflt organization recognized by the village, aLong wi-th any and aII Vi-ILage actlvLtlea aE r€cognized by the Leaaor's authorized agent. Lesaor ahall, upon fourteen (14) days written notice to LeEEee, be entitled to Iimited poEaesgion of the Preml8es and adjacent fac!IitLes to the exclusion of the Leaaee for the purpoae of holding Vill.age of Buffalo crove related actlvitieE not to exceed five (5) timeg per year. If, hovrever, the u8e of the rastaurant, Iounge, and bar will be required. wrltten approval of the Lessee will be neceeaary, conaent of which $rill not be unreasonably withheld. Such request ahall not r€qulre Lessee to cancel any events that were booked prior to Euch requeat. Lea3ee may, upon fourteen (14) days written notice to Leasor,a Dj,rector of Colf Operation3, be entitled to limited possesslon of the premise3 and adjacent facilltle6 to the excluslon of the Leaaor for the purpoae of holding activitles r€Lat€d to the Lesgee'B buEineEE, which inc!.udes, but are not limited to, banqueta, partLes and ElmIIar events. LesEee and LeEEor Bhall, coordinate the LeEsee's eventB ao that the primary purpoEe for the premlses, that being the contlnual acceaa to the golf playing public is not compromised. Such reque3t ahall not require Lea6or to cancel any eventE that were booked prior to such requeat. for the annual Buffalo crove Days festivlties and July 4th fireworks ahow, LeEEee ahal.l permit the aaLe of food. beer, wine coolers and aoft drinks on the Pre$i6es property but outside of the club houEe buj,Idings. LeEsee ahall provide a fifteen percent (15t) discount on the EaLe of reBtaurant food and beverageE to vlllage of Buffalo crove employees and appointed and €Iected official8. said diEcount ghall aIEo be provided to said employees, and officials' lrunediate families but only lrhen dining with said employees and 8 offichla. Lessor Hill be reaponsible to iggue identification to such employeeE and offlcialE ln a form acceptable to LeEEee. 3. Crrbllpq, Clrd Phviuq apd Ouaai-canbli-nq Activitie83 AII form6 of gambling are prohibited. ThIs includes aII card playing, betting and other wagering activiti-eE which are deemed by Lessor to be no! of suitable character and ar6 prohlblted from taklng place within or upon the premises. {. lfar PrarLaa3r If the Leasor shall construct a new club house facility at the Arboretum colf Courge aa a replacement of the current facility during the term of thig LeaEe or any €xtenBlon, renewal or modification thereof, Lessee shaLl be offered the right to continue to operate aaid new facility upon termg and conditions epecified by Leasor that are mutual).y agreeable to both parties of thLs LeaEe. 5 Authorized preseDtative:The only authorized agent of the LeEsor shaLl be the LesEor'E Village Uanager unless ao noted in this Lease. The authorj,zed agent of the L€asee shall be Robert Schneeberger. 105 carlish Drive, Elk Crove vi1lage, IILino.i-a 60007. 6 [oticGs ! A11 noticeg provided herein. to be ef fecti-ve upon receipt, shall be gerved perEonal.Iy or made by certified mail with return receipt to the parties her€to aB followE 3 LESSOR: ViIIage of Buffalo crove 50 Raupp BoulevardBuffalo crove, Illinois 60089Attn: Village Manager LESSEE i Regarding UEe NoticeE: Village of Buffalo Grove 48 Raupp BoulevardBuffalo crove, Illinois 60089Attn3 Director of colf Operationg L' Elegante Cuisine, Inc. 105 carli8h DriveElk crove village, Illinols 6000? Attn: Robert Schneeberger Marc Schwartz Batler & Schi.rartz 355 West Dundee RoadBuffalo crove, Illinois 60089 shall attach to any person executing7. LLlbilityt No peraonal liability this Lea3e. 8. Proprlatlrv Iateresta! Lessee shalL retain all rights to any businesa naneg, concepts or other proprietary interesta established during the term of thia Lease, and Lessor herein vraiveE any claimB to auch intereBta. Sactioa l. Ext![aion of Leaset 1. lxtGa3Lo! of Leas€s The Lessee shall have the option and right of firat refugal to extend thiB Leaae upon Euch termE and conditions as are mutuarty 9 agr€ed upon. The right to extend Euch LeaEe Ehall be conaidered, provided tbat the Leaaee la not prea€ntLy in default under any of itE terms, conditionB and obl,igations under thla Leaae. Leasee must give written notlce of auch election to €xerciae option(B) to Leaaor at leaEt one hundred twenty (12O) days prior to the expiratlon of the term herein provided. IN WfTNESS IIHEREOF, the parties hereto have caused this Leaae to be €xecuted !E of the day and year firat above written. LESSOR: LESSEE: VI OF ALO L'ELEGANTE CUTSINE, INC. s entce ATTEST i o,nlh &-!r"-,er 10 Exhibit rrA" ( 1) )N denotes leased area BUTTAL! GR!Vt G!Lt CLUBH!I]St Utitity Areox = 6,77? sl ,[ther Areo -- 4,704 sf . Totot Areo = 11,476 sf, Util'ity oreo includes diogonol ond cross-hotched oreos Exhibit "A" (2) CIubhouse Potio / Tent Locker Roon"rs ARB!RtTUM GILt CLUBH!USt Utitity Areox = 6050ther Areo = 1,650 Totol Areo = 2,255 N Denotes leased area x Utitity oreo is the dio gonol -ho tc hed oreo, ) Exhibir fiB" Arbor€tuD CoIf Cour6e ! EOUIP}.{EM[INVE} TORY The- following repreaenta an inventory of cuEent equipmentboth the BuffaLo crove colf Club and Arboretum colf c6ursefood and beverage 6ervice: Buffalo Crova Oolf Cl,u.b t and furniEhingg atsites dedicated to 180 Dining Chalr8 31 Dining Tablegllalk-in Freezer caE BroiLer Exhauat Hood Hobart DiEhwasher llontague Range Clastender Ref rigerator Glastender Drainers SInk/BIender StationCocktail Station Back Bar Refrigerator Hobart Uixer KoId Draft Ice Machine AnetB Fryer Station Amana }licrovrave American Metal, Coffee Maker Counter Aaaembliea Tables & Bar StoolsSalad RefrigeratorgRefrigerator BasePa6a-thru SheIvlngllater & Ice Station Sandwich Refrlgerator Beer/Wine DiapenEing SygtemPot Rack/Shelf/Sink Speech Lectern Outdoor Signage Walk-in Cooter Worktable 3 Compartment SinkBuilt-in BarBar Stools Sandwich Prep TableUtility cabinet columbia Coffee MakerWaitress Station uobll,e char Broller Laminate Cabinet Reach-in FreezerIce Maker Utility CabinerBottle Cooler Underbar CabinetDining TablesHobart Slicer Two-r.Iell Hot Food Table 50 Stack Chairs Walk-in Cooler Convection Oven Drai.rer Warmertlork Table Hobart DispoEal Ileat LampE Clastender Hand Sink GlaEtender Ice ChestClastender Bar Sink GLaatender Portable BarHobart SLicerIce Crusher Hobart Reach-in Freezer Hobart Reach-in Refrigerator Conveyor ToasterIce Cream FreezerBuiIt-in Bar Kitchen Work Table Steam TableUt!lity cabinet M!sceLlaneous Shelving Hot Food TablePortable Dance Floor,lorktable/Sink systemDlning Cash Register SystemOutdoor FurnitureTelevisions