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2009-33RESOLUTION 2009- 33 A RESOLUTION AUTHORIZING THE AMENDMENT OF A LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE AND JBM 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. WHEREAS, a change in corporate name and ownership requires the current lease to be amended. 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 amendment attached hereto as Exhibit "A" entitled "Lease Amendments Between the Village of Buffalo Grove and JBM Hospitality, LLC. d /b /a Village Bar and Grill" dated as of the 17th day of August, 2009. AYES: 6 - Braiman, Glover, Berman, Trilling, Stone, Sussman NAYES: 0 - None ABSENT: 0 - None PASSED: August 17 , 2009 Village President APPROVED: August 17 ,2009. '1-4illage Clerk LEASE AMENDMENTS BETWEEN THE VILLAGE OF BUFFALO GROVE AND JBM HOSPITALITY, LLC. d /b /a VILLAGE BAR AND GRILL These Lease amendments are made and entered into this 17th day of August, 2009, by and between the Village of Buffalo Grove, a municipal corporation ( "Lessor ") , and JBM 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, by amending Sections G.4., G.5., and Addendum, to read as follows: 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 Mike Helmann. It is further affirmed that Mr. Helman is a 5s owner in JBM 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: JBM Hospitality, LLC. 48 Raupp Boulevard Buffalo Grove, Illinois 60089 Attn: Jim Leo 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 Bu,falo Grove JBM Hospitality, LLC. d /b /a , Village Bar and Grill resident President Villakj4 Clerk 3 LJ 9 OPERATIONAL REQUIREMENTS BETWEEN THE VILLAGE OF BUFFALO GROVE AND JBM HOSPITALITY,LLC. d /b /a VILLAGE CAL L AND ��' • The Village will reserve the right to approve service standards that insure that the golf customer has the highest priority at both facilities. On an annual basis, lessor and lessee shall review standards and guidelines to make certain that all areas of service and maintenance are addressed, remain relevant and remain appropriate operationally. • Hours of operations need to be approved in advance by Village. Such approval will not be unreasonably withheld although they need to be developed around reasonable service standards and expectations. 4;, JAP` fcct4la s�5`CAY_T"Q�t Sc�" • Rent will remain at 5% of gross food n beverage and banquet sales delivered at the Premises as defined in Section C.1. Rent shall be due on the first of each month, in arrears, no later than one month (28 -31 days) after the end of the month so concluded. By means of example, July 2004 rent will be due by September 1, 2004 and so forth. Failure to remit rent by the due date shall subject Lessee to a late penalty fee equal to the equivalent of 1.5% per month, or portion thereof, until rent is paid to Lessor. • Utilities will be billed per the Exhibit to the Lease. They will be due no later than 30 days from date of billing. Utilities billed will include gas, electric, water and phone. Failure to remit utility invoices by the due date shall subject Lessee to a late penalty fee equal to the equivalent of 1.5% per month, or portion thereof, until invoices are paid to Lessor. • The Village continues to reserve the right to examine records to support the monthly rent. However, monthly, certified sales figures need to be submitted to support the rent payments made. If requested by the Lessor, the Lessee shall submit a copy of Forms ST -1 and ST -2 as submitted to the Illinois Department of Revenue to remit sales taxes due to the Department. • Lessee shall maintain, clean and keep in good repair all areas related to the restaurant and bar area, including, but not limited to, washrooms. There must be coordination with the Director of Golf Operations in order to develop an acceptable level of service and standards for the cleaning of washroom areas. Kitchen and bar equipment, walk -in coolers and freezers, refuse and storage areas must be maintained and cleaned in a manner that is acceptable to the Director of Golf Operations and Health Officer. Lessee shall maintain a posted ledger in a form acceptable to the Health Officer denoting periodic cleaning to public areas such as the restaurant, bar and washrooms. • Village, as Lessor, shall be responsible for maintaining and cleaning all outside areas, including parking lots, along with those portions of the clubhouse and adjacent areas committed to golf play. • Lessee shall maintain and repair equipment as required in Section D.2 of the Lease. A record of all maintenance will be kept and made available at all times to the Village. This will include preventative maintenance to major kitchen and bar systems, the determination of, which will be coordinated with 4 the Village's Director of Golf Operations. - -- • It is acknowledged that any equipment owned by the Village is not to be removed without the approval of the Director of Golf. In addition, charges to community or outing /banquet groups to use Village -owned equipment shall not be made unless agreed to by the Director of Golf Operations. • The Lessee will work with the Director of Golf Operations regarding the Lake - Cook Road signage. The primary intent of that sign is to identify the Buffalo Grove Golf Club. Lessee may display exterior wall signage as permitted by Lessor. • All coin operated amusement devices will be maintained only within the bar area. The vending and use of tobacco products will conform to Village regulations. A jukebox may be maintained within the dining area of the Premises and is the only coin - operated amusement device to be permitted with the dining area. • Updated certificates of insurance as well as the performance bond required to be posted, as a security deposit needs to be submitted as a condition of the execution of the Lease. • Operational coordination of this Lease will be made with the Village's Director of Golf Operations. Financial obligations under this Lease will be with the Village's Director of Finance and General Services. • Lessee will provide to Village's Director of Golf Operations any and all reports that are the result of inspections undertaken by Lessee on a periodic basis of the Premises. In addition to any reports, Lessee shall provide what remedial action will be undertaken to correct deficiencies identified with a schedule for completion of such deficiencies. 5