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