1997-43pp-
RESOLUTION 97- 43
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE BETWEEN THE
VILLAGE OF BUFFALO GROVE AND L'ELEGANTE CUISINE, INC.
WHEREAS, the Village bf"'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 4nd beverage serV ces at both the Buffalo -Grove Golf Club
and Arboretum Golf Course; and -
WHEREAS, the Village of Buffalo Grove and L'Elegante Cuisine, Inc. are
currently a party to a lease to provide food and beverage services at both the
Buffalo Grove Golf Club and Arboretum Golf Course dated January 9, 1995 which
expires as of December 31, 1997; and
WHEREAS, after further review, it has been determined that L'Elegante
Cuisine, Inc. would continue to best serve the interests of the Village beyond
December 31, 1997.
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 the attached lease entitled "Lease Between the Village of Buffalo
Grove and L'Elegante Cuisine, Inc." dated as of the 15th day of December,
1997.
Section 2. Village staff is hereby directed to insure that this lease is
implemented in order for full service to commence at both the Buffalo
Grove Golf Club and Arboretum Golf Course as of January 1, 1998.
AYES: 5 - Marienthal Reid Rubin Braiman Glover
NAYES: 0 - None
ABSENT: 1 - Hendricks
PASSED,; December 15 97. APPROVED: December 15 ,1997.
2X AXE 14yt 1
Villa r id nt Vil ge Clerk
LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE AND
L'ELEGANTE CUISINE, INC.
This lease is entered into this 17th day of December,1997, by and between the
Village of Buffalo Grove, a municipal corporation ( "Lessor "), and L'Elegante
Cuisine, Inc., an Illinois corporation ( "Lessee "):
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 and restaurant and bar facilities located at the
Arboretum Golf Course Club House, 401 Half Day Road, 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 restaurants, bar and lounge (sale of liquor included) for the term
commencing January 1,1998 through December 31, 1998. An extension to this Lease
may be granted upon terms mutually acceptable to both parties to this Lease but
for no longer than year -to -year, 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:
1. Operations: Lessee shall operate the Premises as restaurants, lounges
and bars meeting the requirements of both a golf course and country club
operation as well as a public restaurant and lounge as reasonably determined by
the Lessor that are in conformance with standards followed by restaurants and
lounges in the same or similar operation. Lessor and Lessee shall work together
to develop operational standards and parameters in order to meet mutual goals and
objectives. Lessor reserves the right to approve service standards that insure
that banquets, outings and community based events are accommodated. Services
shall be year around at the Buffalo Grove Golf Club and seasonally at the
Arboretum Golf Course although seasonal service considerations will be evaluated
at the Buffalo Grove Golf Club. Seasonal coordination must be in concert with
the intentions of the Village's Director of Golf Operations who will coordinate
golf outings and banquets with Lessee.
Additional operational requirements are attached as Addendum "A" to this
Lease.
2. Lawfulness: Lessee shall not conduct or permit any conduct on the
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demised Premises which is contrary to the laws of any governmental authority.
3 Compliance: During the term of this 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 of Buffalo Grove liquor control
ordinances and statutes for operation on a municipally -owned golf facility.
4 t.ioenses: Lessee shall obtain for each facility to be operated a Village
of Buffalo Grove business license, Village of Buffalo Grove liquor license, a
State of Illinois liquor license and any and all applicable Federal licenses.
In the event Lessee is unable to obtain or retain any such licenses, then this
Lease shall be null and void.
5 Hours of Operation: Notwithstanding the provisions of any state statute
or Village Ordinance, the hours of operation shall be approved in advance by the
Lessor and such approval shall not be unreasonably withheld. The hours of
operation shall be established between the Lessor and Lessee based upon the best
judgement of Lessee and approved by Lessor and such approval will not be
unreasonably withheld. Lessor shall remain flexible to changes of hours of
operation based on seasonal considerations. However, any substantial change in
hours of service will require a thirty (30) day notice to Lessor prior to taking
effect.
6 Performance: The parties understand that Lessor has developed and
maintained the property where the Premises are situated as a place for a high
quality type of use as stated in Section B, Paragraph 1 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 both
facilities in conformance with the standards followed by restaurants, lounges and
bars dealing in the same or similar operation.
7. Access: Lessee shall allow the Lessor reasonable access, upon notice to
Lessee, to the 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 properties are basically golf course facilities and that nothing herein
contained shall interfere with the operation as such. Lessee shall have access
to parking lot and other parts of all facilities for making any necessary repairs
or maintenance.
8 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
or Lessee from exercise or use of any other right or remedy provided herein or
otherwise provided by law, nor shall exercise nor use of any right or remedy by
Lessor waive any other right or remedy.
9 SecuriU D posit: Lessee shall post a performance bond with the Lessor,
K
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.
Section C. Rent and Other Compensation
1. Rent: Beginning January 1, 1998 and on the 1st of each month thereafter,
and payable monthly in arrears, Lessee shall pay as rent a sum equivalent to 5%
of gross food, beverage and banquet sales delivered at the Premises, excluding
sales tax and service charges (defined as gratuities and other fees charged over
and above food and beverage sales, which would include but not be limited to,
banquet wage differentials, equipment charges, etc.) to Lessor, for all food and
beverage sales on the Premises and surrounding areas regardless of where such
sales may be booked or reserved. Lessee shall submit monthly, certified sales
figures to Lessor along with an operating statement to support the rent
remittance which identifies service charges no later than one month (28 -31 days)
after the end of the month so concluding. By means of example, rent due the
Lessor for January, 1998 will be due, with applicable reporting to support the
remittance, by March 1, 1998 and so on. 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.
2. Utilities: Lessor and Lessee shall share on a square footage basis the
cost of all utilities including electricity, gas and water for the club house
facilities only. All bills for same shall be in Lessor's name and Lessor shall
pay same as additional rent. Lessor shall subsequently invoice Lessee the pro-
rated charge to be determined as per Exhibit "A" to this document. Lessee shall
pay Lessor within thirty (30) days after receipt the invoiced pro -rated share of
utilities. Lessor shall provide a record of computations used in determining
utility charges due. Lessee and Lessor shall work together to maintain practices
that will minimize the cost of utilities to both parties of the Lease.
Additionally, Lessee will maintain the current telephone service for the
Premises and will be invoiced monthly based -on actual usage and line /service
related charges. Lessor shall provide a record of computations used in
determining telephone charges due. As of the date of this Lease, the phone
numbers assigned to Lessee are 847 - 459 -5522 and 847 - 459 -5523. Any extensions
added for the exclusive use of Lessee shall be added as an amendment to this
Lease.
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 said invoices are paid to Lessor.
3. Examination of Records:, Lessor reserves the right to review the records
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of the Lessee relating to the operation of the Premises. The records may be
reviewed by the Lessor's Authorized Agent or representative (a). Lessor will
pledge to keep such returns confidential and not open to any public inspection
if not in violation or contrary to any laws.
Section D. Cleaning, Maintenance & Imarovements•
1. Cleaning: Lessee shall maintain, clean and keep in good repair all areas
related to the restaurants within the club house facilities and adjacent areas
where food and beverage services will be provided from time to time, including
the washrooms. Lessee shall coordinate with the Lessor's Director of Golf
Operations to develop an acceptable level of service and standards for the
cleaning of washroom areas. Lessee shall not be responsible for the cleaning of
the locker room areas within the Premises unless circumstances require Lessee
access to such areas.
Lessee shall maintain, clean and keep in good repair all kitchen and
beverage dispensing equipment (including but not limited to, walk -in coolers and
freezers, ranges, stoves) and outside garbage /refuse and storage areas. Daily
cleaning shall be concluded prior to opening on a daily basis. Lessor shall be
responsible for maintaining and cleaning all other outside areas (including
parking lots) along with those portions of the club houses and adjacent areas
committed to golf play. Lessee's area shall be maintained in a condition
acceptable to Lessor's Health Officer. If Lessee receives violations from the
Health Officer and does not take corrective action within the time limits
prescribed within such violation, then Lessor may correct same and invoice Lessee
for the costs to correct the violation(s). Failure to comply with the terms of
this Section will constitute a condition of default under this Lease.
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 lots at the Buffalo Grove Golf Club or Arboretum Golf
Course.
In addition, if Lessor should be required to repair any damage caused to
Premises that is a direct result of the Lessee's operations, Lessee will be
invoiced for the cost to perform such repairs.
As part of maintaining and cleaning the Premises, Lessee shall maintain a
posted ledger in a form acceptable to the Village's Health Officer denoting
periodic cleaning to public places such as washrooms, bar and restaurant areas.
2. Maintenance: Maintenance, replacement, upkeep and disposal of equipment
and furnishings listed in Exhibit "B" to this Lease will be the obligation of the
Lessee. Lessee shall be responsible for any maintenance and repairs, with the
exception of major repairs. Major repairs shall be any repair exceeding $500.00
to Lessor's equipment and furnishings listed in Exhibit "B" for which Lessor
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shall be responsible. Lessee shall maintain a record of any and all maintenance
performed on all equipment and furnishings that will be available at all times
to Lessor.
Any disposal of equipment listed must be approved by the Lessor prior to
disposal. All equipment that is installed by the Lessee over and above that
equipment so listed shall also be maintained and repaired by Lessee. Lessor
shall maintain all other areas in good repair including, but not limited to,
sewers, utilities, heating and air conditioning systems.
3. Equiyment: Lessor owns the equipment and furnishings as listed on
Exhibit "B" hereto. Within seven (7) days of execution of this Lease, Lessee
shall acknowledge in writing that an inspection has taken place on all equipment
and furnishings so listed on Exhibit "B" and that all such equipment and
furnishings are in good operating condition and whether any equipment and
furnishings should be replaced/ repaired. Lessee shall have the right to
substitute equipment and furnishings for that in Exhibit "B ". All expense of
connection and installation shall be borne by Lessee. All removed equipment
shall be stored by Lessor. Upon termination of this 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 any new equipment, Lessee shall have the option
of either restoring the Premises to the same condition prior to the installation
of the new equipment or said equipment shall remain and shall be the sole
property of Lessor.
Upon termination of this Lease for whatever reason, Lessor shall have the
right of first refusal to purchase any Lessee installed non - mobile equipment and
fixtures at its fair market value. Such fair market value shall be determined
through a fair appraisal of such equipment and fixtures to be conducted by an
appraiser to be retained by Lessor who shall conduct such appraisal and shall be
paid by Lessor. Appraiser shall not be denied access to review any and all
equipment and fixtures on the Premises for the purpose of determining the fair
market value of such equipment and fixtures. A copy of paid invoices for any
equipment so purchased by Lessee under this paragraph shall be forwarded to
Lessor within thirty (30) days of purchase.
Lessor's first right of refusal as set forth above shall be exercised
within thirty (30) days of termination of this Lease.
Lessee will assume any and all liability for equipment and furnishings
existing on the Premises prior to opening by Lessor on January 1, 1998.
Lessee shall be responsible for any rental and maintenance expenses
incurred as a result of maintaining bar cart service upon the Premises.
4. Decorating and Capital Improvement: Decorating or new capital
5
improvements shall be done at Lessee's expense, unless waived, upon written
notice to and approval by the Lessor with the exception of those improvements set
forth in Section D, paragraph 5 below. Any capital improvements shall become
part of Lessor's property.
5. Outside Lighting: Any outside lighting of the Premises shall be done at
Lessor's sole discretion and at Lessor's cost. Any outside lighting of an
exterior sign shall be done at Lessee's cost unless waived or shared with the
Lessor.
6. Signs: Lessee may be permitted to display.such exterior wall signs as
permitted by the Village. Lessee shall pay for the construction of any such
signs unless shared with the Lessor. At termination of this Lease, any such
signs shall become the Lessor's property. The signage maintained by Lessor on
Lake -Cook Road is primarily intended to identify the Buffalo Grove Golf Club
facility. Any additional identification will be subject to the approval of
Lessor, whose approval will not unreasonably withheld.
7. Leasehold Improvements: Any improvements shall be property of Lessor.
8. Alterations: Lessee shall make no material changes, alterations or
additions in, on, or to the Premises without the written consent of the Lessor
which shall not be unreasonably withheld.
g Coin Ogerated Amusement Machines & Tobacco Sales: Lessee may maintain
on both Premises and have the proceeds of coin operated amusement vending
machines within the limits permitted by Village Ordinance. Lessee shall obtain
licenses on any machines so permitted by Village Ordinance.
Lessee shall have the right to sell tobacco products through a vending
machine maintained by Lessee. Lessee shall obtain the required tobacco licenses
and shall conform to Village Ordinances that govern the sale of tobacco products.
Any coin operated amusement and tobacco vending machines will be kept in
the bar area only with the exception of a jukebox. Lessee shall not maintain
pool tables within the Premises.
Section E. Assignment of Lease:
1. Assignment: The Lessee shall not have the right to assign this Lease
without the Lessor's prior written consent. Consent shall be based on, but not
limited to, the following criterion: financial ability to perform, knowledge in
the business of operating food and bar facilities, ability to maintain service
levels required 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 consideration of assignment.
In the event of any such assignment of this Lease, the Lessee shall be
released from any and all liability arising or accruing under this Lease after
the date of such assignment, provided that the assignee executes, acknowledges,
6
and delivers a valid, binding, and sufficient instrument in writing, directly
enforceable by the Lessor, containing the assignee's assumption and agreement to
pay all rent and other amounts reserved in this Lease and to perform all of the
covenants, provisions, and conditions thereof, and that an original of such
assumption and agreement be delivered to the Lessor. In no other circumstance
shall the Lessee be so released, nor shall the acceptance of rent by the Lessor
from any such assignee in any case operate or be taken to work or effect such
release.
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.
Lessee shall have the first option of terminating this Lease no later than
November 1, 1998 and on each November 1st thereafter, should there be any annual
extensions of the Lease, effective the following January 1st, of any calendar
year of this Lease. Reasons for termination shall be demonstrated to 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.
2. Bankruptcy: In the event that Lessee shall become bankrupt or shall make
a voluntary assignment for the benefit of creditors, on in the event that a
receiver is appointed, then, at the option of the Lessor on thirty (30) days
written notice, this Lease may be terminated.
3. Casualty: In case the Premises shall be rendered untenantable during the
term of this Lease by fire or other casualty, Lessor at its option may terminate
this Lease or repair the Premises within ninety (90) days thereafter, which may
be extended due to circumstances brought upon by the extent of the loss. No rent
or utilities shall be due and owing from the date of the fire or other casualty
until the date the Premises is rendered tenantable. If Lessor elects to repair,
this Lease shall remain in effect provided such repairs are completed in an
expeditious manner. If Lessor shall not have repaired the Premises within an
7
agreed time, then Lessee may terminate this Lease. 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.
Section G. General Conditions:
1. Insurance: Lessee shall (during the term and any extension hereof)
maintain insurance acceptable to Lessor and such insurance shall be in the
following amounts:
(A) Worker's Compensation at the required statutory levels.
(B) Dram Shop ($1,000,000) with Lessor named as an additional insured
therein.
(C) General Liability ($1,000,000/$2,000,000 bodily injury and property
damage). Lessor shall be named as an additional insured as their
interest appears. This will not require Lessee to provide 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,
if any, of said "Waiver of Subrogation" endorsement on a pro -rated
basis.
Lessee will be responsible for providing its own insurance covering its equipment
and inventory. Evidence of such insurance shall be furnished to Lessee prior to
taking possession of the Premises. Lessor shall in addition to providing
certificates of insurance to Lessee for the above named coverages, name the
Village of Buffalo Grove as an additional insured and provide for the hold
harmless of the Village, its employees, officers and agents from any and all
causes of action, claims, losses, injury, damages, legal expenses, fees, and
other costs that may arise from the operation of Premises and execution of this
Lease by the Lessee.
2. Sales on Golf Course Properties: Lessee shall have the exclusive right
to provide food, beer, wine coolers and soft drinks on the Premises property but
outside of the club house for the annual Buffalo Grove Days and July 4th
fireworks shows sponsored either by the Village or any non - profit organization
recognized by the Village, along with any other Village activity as recognized
by the Lessor's authorized agent.
The Lessee, upon 10 days written notice from Lessor's Director of Golf
Operations, and subject to Lessee's final right to negotiate, shall grant limited
possession of the Arboretum Golf Course to another caterer to provide food
service only as approved by the Lessor for a booked golf outing. Lessee shall
have the right to tender a final amendment to their original outing pricing
within twenty -four (24) hours from time of denial by the Lessor's Director of
8
Golf Operations of any outing proposal submitted. Lessee shall maintain the
right to provide service from the snack bar and beverage cart to patrons during
any granting of such limited possession. Lessee agrees to cooperate with both
Lessor and approved caterer in assuring that the scheduled event meets the
expectations of Lessor. Lessee's compensation for granting such access shall be
limited to sales receipts from the snack bar food and beverage sales as well as
from beverage carts.
Lessee agrees to cooperate with Lessor to permit limited access to the
Premises for any booked golf outing group that will provide its own food service
as long as such food service is directly associated to the primary nature of the
outing organization. Lessee's compensation for granting such access shall be
limited to sales receipts from the snack bar food and beverage sales as well as
from beverage carts.
Further, Lessor shall, upon fourteen (14) days written notice to Lessee,
be entitled to limited possession of the Premises and adjacent facilities to the
exclusion of the Lessee for the purpose of holding Village of Buffalo Grove
related activities not to exceed five (5) times per year. Such request shall not
require Lessee to cancel any events that were booked prior to such request.
Lessee may, upon fourteen (14) days written notice to Lessor's Director of
Golf Operations, be entitled to limited possession of the Premises and adjacent
facilities to the exclusion of the Lessor for the purpose of holding activities
related to the Lessee's business, which includes, but are not limited to,
banquets, parties and similar events. Lessee and Lessor shall coordinate the
Lessee's events so that the primary purpose for the Premises, that being the
continual access to the golf playing public is not compromised. Such request
shall not require Lessor to cancel any events that were booked prior to such
request.
Lessee shall provide a ten percent (10 %) discount on the sale of restaurant
food and beverages to Village of Buffalo Grove employees and appointed and
elected officials. Said discount shall also be provided to said employees' and
officials' immediate families but only when dining with said employees and
officials. Lessor will be responsible to issue identification to such employees
and officials in a form acceptable to Lessee.
B. Gambling. Card Playing and Quasi - Gambling Activitiesk All forms of
gambling are prohibited. This includes all card playing, betting and other
wagering activities which are deemed by Lessor to be not of suitable character
and are prohibited from taking place within or upon the Premises.
4. New Premises: If the Lessor shall construct a new club house facility
at the Arboretum Golf Course as a replacement of the current facility during the
term of this Lease or any extension, renewal or modification thereof, Lessee
9
shall be offered the right to continue to operate said new facility upon terms
and conditions specified by Lessor that are mutually agreeable to both parties
of this Lease.
S. Authorized Representative: 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 Robert Schneeberger or Thomas Manetti.
6 Notices: All notices provided herein, shall be effective three (3) days
after mailing if mailed, shall be served personally or made by certified mail
with return receipt to the parties hereto 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: L'Elegante Cuisine, Inc.
105 Garlish Drive
Elk Grove Village, Illinois 60008
Attn: Thomas Manetti
7. Liability: No personal liability shall attach to any person executing
this Lease.
8. Proprietary Interests: Lessee shall retain all rights to any business
names, concepts or other proprietary interests established during the term of
this Lease, and Lessor herein waives any claims to such interests.
Section H. Extension of Lease:
1. Extension of Lease: This Lease may be extended on an annual basis upon
such terms and conditions as are mutually agreed upon between Lessor and Lessee.
Lessee must give a written notice to Lessor of any such desire to extend the
Lease at least one hundred twenty (120) days prior to the expiration of the term
herein provided.
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IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed as of the day and year first above written.
ATTEST:
Villa4& Clerk
11
LESSEE:
L- ELEGANT CUISINE, INC.
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Exhibit "B"
EQUIPMENT INVENTORY
The following represents an inventory of current equipment and furnishings at
both the Buffalo Grove Golf Club and Arboretum Golf Course sites dedicated to
food and beverage service:
Buffalo Grove Golf Club:
180 Dining Chairs
31 Dining Tables _
Walk -in Freezer
Gas Broiler
Exhaust Hood
Hobart Dishwasher
Montague Range
Glastender Refrigerator
Glastender Drainers
Sink /Blender Station
Cocktail Station
Back Bar Refrigerator
Hobart Mixer
-Kold Draft Ice Machine
Anets Fryer Station
Amana Microwave
American Metal Coffee Maker
Counter Assemblies
Tables & Bar Stools
Salad Refrigerators
Refrigerator Base
Pass -thru Shelving
Water & Ice Station
Sandwich Refrigerator
Beer /Wine Dispensing System
Pot Rack /Shelf /Sink
Speech Lectern
Outdoor Signage
Arboretum Golf Course:
Walk -in Cooler
Worktable
3 Compartment Sink
Built -in Bar
Bar Stools
Sandwich Prep Table
Utility Cabinet
Columbia Coffee Maker
Waitress Station
Mobile Char Broiler
50 Stack Chairs
Walk -in Cooler
Convection Oven
Drawer Warmer — --
Work Table
Hobart Disposal
Heat Lamps
Glastender Hand Sink
Glastender Ice Chest
Glastender Bar Sink
Glastender Portable Bar
Hobart Slicer
Ice Crusher
Hobart Reach -in Freezer
Hobart Reach -in Refrigerator_
Conveyor Toaster
Ice Cream Freezer
Built -in Bar
Kitchen Work Table
••• -fit -eam Table
Utility Cabinet
Miscellaneous Shelving
Hot Food Table
Portable Dance Floor
Worktable /Sink System
Dining Cash Register System
Outdoor Furniture
Televisions
Laminate Cabinet
Reach -in Freezer
Ice Maker
Utility Cabinet
Bottle Cooler
Underbar Cabinet
Dining Tables
Hobart Slicer
Two -Well Hot Food Table
ADDENDUM "A"
OPERATIONAL REQUIREMENTS BETWEEN
THE VILLAGE OF BUFFALO GROVE AND L'ELEGANTE CUISINE, INC.
1. The Village will reserve the right to approve service standards that
insure that the golf customer has the highest priority at both facilities.
2. 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.
3. Rent will remain at 5% of gross food, 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, January 1998 rent
will be due by March 1, 1998 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.
4. 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.
5. 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.
6. Lessee shall maintain, clean and keep in good repair all areas related to
the restaurant and bar area, including washrooms. This must be
coordinated with the Director of Golf Operations. 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.
7. 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 the Village's Director of Golf Operations.
8. It is acknowledged that equipment such as the televisions and projections
unit, dance floor, podium, etc. are owned by the Village. They are not to
be removed from the Premises without the approval of the Director of Golf
operations. 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.
9. 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.
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10. All coin operated amusement devices will be removed from the dining room
area and maintained only within the bar area. In addition, all pool
tables will be removed and replaced with dining seating on or before
January 15, 1998. The vending of tobacco products will continue to
conform with 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.
11. Updated certificates of insurance as well as the performance bond required
to be posted as a security deposit need to submitted as a condition of the
execution of the Lease on or before January 15, 1998.
12. Limited access to the Arboretum Golf Course facilities shall be granted to
other caterers as requested by the Village's Director of Golf Operations
to support outing and banquet events. Lessee shall retain the right to
provide bar service as well as snack shop service during the granting of
such access. Lessee shall have the right to tender a final amendment to
their original outing pricing within twenty -four (24) hours from time of
denial by the Lessor's Director of Golf Operations of any outing proposal
submitted.
13. 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.
14. There are no annual option periods under this Lease. However, any
extension may be granted by the Village upon terms and conditions that are
mutually agreed to by both parties to the Lease.
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