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2008-15RESOLUTION 2008-15 A RESOLUTION AUTHORIZING THE EXTENSION OF A LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE AND TAP ROOM HOSPITALITY, LLC. d/b/a VILLAGE BAR AND GRILL WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois State Constitution of 1970; and WHEREAS, it has determined that it is in the best interest of the Village to lease the restaurant and beverage services at the Buffalo Grove Golf Club. NOW, THEREFORE, 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 Village President and Clerk are hereby authorized to execute a lease extension attached hereto as Exhibit "A" entitled "Lease Amendments Between the Village of Buffalo Grove and Tap Room Hospitality, LLC. d /b /a Village Bar and Grill" dated as of the 1st day of January, 2009. Section 2. Village staff is hereby directed to insure that this lease extension is implemented in order for full service to continue at the Buffalo Grove Golf Club beginning January 1, 2009. AYES: 4 - Braiman, Berman, Kahn, Trilli NAYES: 0 - None ABSENT: 2 - Glover, Rubin PASSED: May 5 ,2008. APPROVED: May 5 ,2008. A A: �- . �1vti�J C4ur±lage President Villa Clerk LEASE AMENDMENTS BETWEEN THE VILLAGE OF BUFFALO GROVE AND TAP ROOM HOSPITALITY, LLC. d /b /a VILLAGE BAR AND GRILL These Lease amendments are made and entered into this 1st day of January, 2009, by and between the Village of Buffalo Grove, a municipal corporation ( "Lessor "), and Tap Room Hospitality, LLC. d /b /a Village Bar and Grill an Illinois limited liability company ( "Lessee ") and hereby amend the Lease dated as of June 21, 2004: Section A. Purpose of Lease: 1. Lease: Lessor hereby leases to Lessee the exclusive, subject to the restrictions noted in Section G.2. and Addendum . "A ", rights to operate the restaurant facilities and lounge - located in the Buffalo Grove Golf Course Club House at 48 Raupp Boulevard, Buffalo Grove, Illinois. The leased areas are further depicted in part on Exhibit "A" attached hereto and may hereinafter be referred to as the "Premises" and are to be used and occupied by Lessee as restaurant, bar and lounge (sale of liquor included) for the term commencing January 1, 2009 through December 31, 2013. An extension to this Lease may be granted upon terms mutually acceptable to both parties to this Lease for a term to be determined, unless otherwise terminated as hereinafter set forth. Premises will also include areas as further depicted on Exhibit" All as leased area and other areas as included from time to time by amendment hereto. Additionally, the Lessee shall be given access to areas adjacent to the club house facilities that will include but not be limited to patios, event tents and golf course grounds for the purpose of utilizing beverage carts. Section B. Terms and Conditions: 9. Security Deposit: Lessee shall post a performance bond with the Lessor, in the amount of $5,000 for the faithful __performance of this Lease. The performance bond shall be in a form and manner acceptable to the Lessor. If for any reason Lessor shall be required to draw from said security deposit, Lessee shall replenish within thirty (30) days said draw to initial balance of deposit. In addition, Lessee agrees that said performance bond shall be drawn by the Lessor if Lessee ceases operations at any time, for whatever reason, prior to December 31, 2013, not withstanding paragraph F.I. Section F. Termination: 1. Termination: In the event of any default in the terms hereof and if the same are not corrected within thirty (30) days (with the exception being the failure to remit rent or utility reimbursements which should be corrected within ten (10) days from written notice of same], the Lessor may terminate the Lease and take possession of the Premises and equipment with the institution of eviction proceedings and the exercise of due process of law. Each of the parties hereto shall have the recourse to any court of law or equity to enforce the provisions of this Lease as set forth herein. s • Lessee shall have an option of terminating this Lease by providing written notice to Lessor no later than November 1, 2009 and on each November 1st thereafter, effective the following December 31st. Reasons for termination shall be demonstrated to and approved by the Lessor prior to any such termination. Upon termination for whatever reason, the Lessee shall deliver up the Premises and the equipment listed in the attached Exhibit "B" (along with any replaced equipment or furnishings that cannot be removed) and that equipment and furnishings noted in Section D, Paragraph 3 that Lessor has exercised its right of first refusal on in a clean, operating and sanitary condition except for ordinary wear and tear. Section G. General Conditions: 4. Authorized Representative /General Manager: The only authorized agent of the Lessor shall be the Lessor's Village Manager unless so noted in this Lease. The authorized agent of the Lessee shall be Jim Leo. Lessee affirms that the on -site General Manager, at the time of execution of this Lease, will be Ken Lindsey. It is further affirmed that Mr. Lindsey is a 50% owner in Tap Room Hospitality, LLC. Should there be a change in the on -site General Manager, such change shall be approved by Lessee, whose approval shall not unreasonably be withheld. 5 Notices: All notices provided herein, shall be effective three (3) days after mailing if mailed by certified mail with return receipt to the parties hereto and immediately if served personally as follows: , LESSOR: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Attn: Village Manager Regarding Use Notices: Village of Buffalo Grove 48 Raupp Boulevard Buffalo Grove, Illinois 60089 Attn: Director of Golf Operations LESSEE: Tap Room Hospitality, LLC. 48 Raupp Boulevard Buffalo Grove, Illinois 60089 Attn: Jim Leo 3 s • Y IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the day and year first above written. LESSOR: LESSEE: Village of Buffalo Grove Tap Room� osplity, L C. d /b /a Villacte Bad end 1G�r%11 Village President ATTEST: Village Clerk ADDENDUM "A" 4 s s IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the day and year first above written. LESSOR: LESSEE: Village of Buffalo Grove Tap Room Hospitality, LLC. d /b /a Village Bar and Grill President e ATTEST: Vill&W Clerk ADDENDUM "A" 4