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2015-40 12/16/2015 RESOLUTION NO. 2015 -40 A RESOLUTION APPROVING AN AMENDMENT TO THE LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE AND TAP ROOM HOSPITALITY, LLC. WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village has previously entered into a Lease with Tap Room Hospitality, LLC., which Lease was subsequently amended ("Existing Amended Lease"); and WHEREAS, the Village and Tap Room Hospitality, LLC., desire to amend the Existing Amended Lease as set forth in the Amendment to the Lease which is attached hereto as Exhibit "A" is provides for an extension of the Lease to December 31, 2016. NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that the Amendment to the Lease Between the Village of Buffalo Grove and Tap Room Hospitality, LLC., attached hereto as Exhibit A, is hereby approved and the Village Manager is hereby authorized to execute said Amendment and to take such further action to implement said Amendment. AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYES: 0 - None ABSENT: 0 - None PASSED: December 2 1. 2015a APPROVED: December 21, 2015. APPROVE: llk�aka, 'P�vcrly­Sus,,4i5n, Village President ATTEST: Janet M. Sirabian, Village Clerk AMENDMENT TO THE LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE AND TAP ROOM HOSPITALITY, LLC This Amendment is entered into this 21st day of December, 2015 by and between The Village of Buffalo Grove, Illinois, an Illinois Municipal Corporation (hereinafter the "LESSOR") and Tap Room Hospitality, L (hereinafter"LESSEE"). RECITALS Whereas, the LESSOR and LESSEE have previously entered into a Lease dated June 21, 2004 which was approved by the Village of Buffalo Grove by Resolution No. 2004-16 on June 21, 2004 ("2004 Lease"); and Whereas, the 2004 Lease was amended by(i) a Lease Amendment approved by the Village of Buffalo Grove by Resolution No. 2008-15 on May 5, 2008, (ii) a Lease Amendment dated August 17, 2009 which was approved by the Village of Buffalo Grove by Resolution No. 2009-33 dated August 17, 2009, and (iii) a Lease Amendment dated March 4, 2013 which was approved by the Village of Buffalo Grove by Resolution No. 2013-24 dated June 17, 2013; the 2004 Lease and the aforesaid amendments thereto are collectively referred to as the "Existing Amended Lease". Whereas, the LESSOR and LESSEE find that it is in their best interests to amend the Existing Amended Lease. In consideration of the mutual covenants and agreements hereinafter set forth the LESSOR and LESSEE agree to amend the Existing Amended Lease as follows: Item I Section C. 4.Past Due Rent and Other Debt: This subsection 4 is hereby added to read as follows: 4. Monies owed the LESSOR: The LESSEE acknowledges that it has not paid the LESSOR rent or paid any utility bills as agreed upon by the parties, in the amount of $33,760.80. The LESSEE shall pay the LESSOR the following monies for back rent ("past due rent") and unpaid utility bills ("past due utility bills") per the schedule below. March 28, 2016 $5,626.80 April 25, 2016 $5,626.80 May 30, 2016 $5,626.80 June 27, 2016 $5,626.80 1 July 25, 2016 $5,626.80 August 29, 2016 $5,626.80 LESSEE's failure to pay the aforementioned past due amounts to the LESSOR, in addition to the monthly rent amounts and utility bills per this Amendment, shall be considered a default of the lease and subject to the provisions of Section F. of this Amendment. Item 2 Section F. 1. Default, F. 2 Termination, F.3 Acceleration and Confession of Juftnient, and Holding Over: This subsection 1. is hereby amended to read as follows: 1. Default. If default be made in the payment of the above rent, past due rent, utility bills, past due utility bills, or any part thereof, or in any of the covenants herein contained to be kept by the LESSEE, LESSOR may, pursuant to Section F.2 thereafter at its election declare said to ended and re-enter the Premises or any part thereof, with or (tote extent permitted by law) without notice or process of law, and remove LESSEE or any persons occupying the Premises, without prejudice to any remedies is might otherwise be used for arrears of rent, past due rent, utility bills, past due utility bills, and LESSOR shall have at all times the right to distrain for rent due. a. LESSEE's covenant to pay rent, past due rent, utility bills, past due utility bills is and shall be independent of each and every other covenant oft is Amendment. LESSEE agrees that any claim by LESSEE against LESSOR shall not be deducted from rent nor set off against any claim for rent in any action. b. The defaulting party to this Amendment will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by either party enforcing the covenants and agreements of this Amendment. 2. Termination: In the event of any default in the terms hereof and if the same are not corrected within thirty(30) calendar days [with the exceptions being the failure to remit rent or utility reimbursements is should be corrected within to (10) calendar days from written notice of same], the LESSOR may terminate the Lease and take possession of the Premises and equipment without the institution of eviction proceedings and without the exercise of due process of law. All operational equipment, personal property affixed to the Premises, all realty located within the Premises, and food service and beverage service equipment and materials owned by the LESSEE, and not described in Appendix A. shall be subject to distrain, at the LESS 's sole election to do so. At no point shall the LESSEE remove any operational equipment, personal property affixed to the Premises, and food service and beverage service equipment owned by the LESSEE without the written permission from the Village Manager or his designee. 2 3. Acceleration and Confession of Judl!ment, If LESSEE defaults, all rent due and owing at the time of default, past due rent, utility bills due and owing at the time of default, past due utility bills shall immediately become due and owing to the LESSOR, is any credits due and owing to the LESSEE. If LESSEE defaults, LESSEE authorizes any attorney to appear in a court of record and confess judgment against LESSEE in favor of LESSOR. The confession of judgment may be without notice and process and for any amount due to the LESSOR in this Amendment including, but not limited to, rent, utility bills, past due rent, past due utility bills, collection costs and reasonable attorneys' fees. This is in addition to other remedies available to LESSOR. 4. Holdhig),Over. If the LESSEE retains possession of the Premises or any part thereof after the termination of the Tenn by lapse of time or otherwise, then the LESSOR may at its sole option in its sole discretion, within thirty (30) days after termination serve written notice upon LESSEE that such holding over constitutes (a) renewal of this Amendment for one year at triple rent, (b) creation of a of to month tenancy, upon the to oft is Amendment except at triple Rent, or(c) creation of a tenancy at sufferance, at a base rental of ONE THOUSAND DOLLARS ($1,000.00)per day for each day the LESSEE remains in possession of the Premises. If no such written notice is served, then a tenancy at sufferance Rent as stated at (c) shall have been created. LESSEE shall also pay to LESSOR all damages sustained by LESSOR from retention of possession by LESSEE. Item 3, Section H. 1.Extension of Lease: This subsection 1. is hereby amended to read as follows: 1. Extension of Lease: The LESSOR extends to the LESSEE a I year amended lease commencing on I/1/2016 and terminating on 12/31/2016. The LESSOR reserves the right to offer an optional I year lease beginning I/1/2017 ending 12/31/2017. 3 EXECUTION This Amendment tote Existing Amended Lease is entered into as of the date first written above. LESSEE: Tap Room Hospitality, LLC., By: TITLE LESSOR: THE VILLAGE OF BUFFALO GROVE By: Dane Bragg VILLAGE MANAGER 12/8/2015 4 APPENDIX A. Food and beverage equipment owned by the LESSOR Cooking Equipment Description Location Exhaust Hood Kitchen-Cook Line Refrigeration/Freezer Description Location Hobart Walk in Refrigerator#1 Kitchen-Prep Area Hobart Walk in Refrigerator#2 Kitchen-Prep Area Hobart Walk in Freezer#1 Kitchen-Prep Area Harford,Walk in Refrigerator#3 Outside back door Kitchen Equipment Description Location Dishwashing Sink(U shaped) Kitchen-Dishwashing Area w/Hobart Dishwasher Misc. Equipment Description Location Built in Bar Bar Area Monument Signage Front Entrance DM: 103874 Q 12-8-15 5