HomeMy WebLinkAboutRes 35-92 12/15/1992 AF/
RESOLUTION NO. 35-92
A RESOLUTION TO AUTHORIZE EXECUTION OF A
LEASE RENEWAL AGREEMENT BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND LLOYD SEAMANS IN ORDER TO
OPERATE A CONCESSION STAND IN THE TRAIN STATION
WHEREAS, the Village of Mount Prospect leases the Chicago
Northwestern Train Station in Mount Prospect; and
WHEREAS, the village of Mount Prospect is desirous of renewing a
Lease Agreement for the concession stand located within the Chicago
Northwestern Train Station in Mount Prospect.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the corporate authorities of the Village of
Mount Prospect do hereby authorize the Mayor to sign and Village
Clerk to attest his smgnature on a Lease Agreement between the
Village of Mount Prospecn and Lloyd Seamans in order to operation
a concessmon stand within the Chicago Northwestern Train Station in
Mount Prospect, a copy of said Lease Agreement is attached hereto
and hereby made a parn hereof as Exhibit A.
SECTION TWO: That the Lease Agreement being the subject of this
Resolution shall be mn effect for a five year period, from December
15, 1992 through December 15, 1997.
SECTION THREE: That this Resolution shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
AYES: Busse, Clowes, Corcoran, H~efert,
NAYS: None
ABSENT: Floros, Wilks
PASSED and APPROVED this 15th day of December , 1992
Village Clerk
AUTHORIZATION TO RENEW LEASE AGREEMENT
DATED NOVEMBER 1, 1987
On November 1, 1987, the Village of Mount Prospect (lessor) and Lloyd Semans
(lessee) entered into a lease agreement to permit the lessee to operate a concession stand
for the purpose of the sale of cigars, cigarettes, coffee, candy, and similar related items as
specified in Section I of the lease agreement; and
The initial term of the lease was for a five year period, and Section III of the lease
allows the lessee an option to extend the lease for an additional five (5) year period, subject
to all terms, conditions, covenants and agreements of the lease, including all rights of
termination; and
The lessee has properly given notice of intent to exercise the option period; and
The lessor deems it appropriate to enter into this lease renewal authorizing the five
(5) year option period subject to all the terms, conditions, covenants, and agreements of the
initial lease agreement except that the instant renewal is the final renewal of the lease; and
This Agreement to Authorize Renewal Ogtion of Lease dated November 1, 1987 is
hereby approved by the lessor on December-1.~ , 1992, for one additional five (5)
year period, subject to all the terms, covenants, and agreements of the initial lease; and
Rent for the five (5) year period shall be calculated by the same formula based on
average gross monthly receipts as provided for in the initial lease, with payment made to
the lessor in the same fashion;
· Now, therefore, the lessor and lessee hereby execute this Agreement to Authorize
Renewal Option of Lease, dated November 1, 1987.
VILLAGE OF MOUNT PROSPECT
Mayor / ~
V~llage Clerk '
LE/S~S~: ~
LEASE
THIS INDENTURE, made thL~r day of ~ 1983 between the
VILLAGE OF MOUNT PROSPECT, a Municipal Corporation, Lessor, and Lloyd
Semans, 3741 South Mission Hills Road~ Northbrook, Illinois 60062, Lessee,
WlTNESSETH, that the said Lessor, for and in consideration of the covenants and
agreements hereinafter mentioned and contained, to be kept and performed by said
Lessee~ hereby does demise, lease and let unto the said Lessee, that portion o!
Lessor*s depot building situated at the Mount Prospect Station, in the County of
Cook and State of Illinois on the line o! the Chicago and North Western Transpor-
tation Company and described as follows, to-wit:
All that portion of Lessorts depot building containing 88
square feet, more or less~ as shown in yellow outline on the
attached print dated October I, 1987 and marked Exhibit "A.~
for and during the term of five (5) years from and after the ~%~ day of
~J~', 19g~, unless sooner terminated as hereinafter provided. Further,
Lessee shall have the option to renew this lease for an additional five (5) years
under certain terms and conditions hereinafter provided.
The Lessee shall pay all taxes, license fees or other charges which may
become due or which may be assessed against the said premises, the Lessee, the
business conducted on said premises or any and all improvementsI and shall
reimburse the Lessor for any such taxes~ license fees or other charges which may
be paid by Lessor promptly upon the presentation by the Lessor o! bills for the
amount hereof? and in default of such reimbursements~ ali sums so paid by the
Lessor shall be deemed an additio~ to rental and recoverable as such.
This lease is made upon the express covenants and agreements, each of which
is made a condition hereof, viz:
SECTION I - USE AND MAINTENANCE
That the said leased premises shall be used and occupied only tor the purpose
of a concession stand for the sale of cigars, cigarettes, coffee, candy and similar
related items; that the Lessee shall have the exclusive right to maintain and
operate said concession stand for the above-stated purpose, and that no other
concessionaire shall be permitted to sell such items in direct competition with
Lessee; that the Lessee shall not permit the existence of any nuisance on said
premises; that the Lessee shall at all times keep said premises clean and in good
condition and repair, including such maintenance as would normally be required by
the type of construction of said concession stand, to ~the satisfaction of the Village
Manager or his designee, the Lessor shall comply with all laws, ordinances and
regulations respecting Lesseets business and use and occupation of said premises;
that the Lessee shall at the Lessee~s sole cost make any and all improvements,
alterations, repairs and additions and install all appliances required on said premises
by or under any such regulations, ordinances or laws.
SECTION II- LIABILITY
Lessee agrees to save and keep the Lessor harmless and indemnified at ail
times against loss or damage to any property of the Lessee or to any property of
others upon and in the vicinity of the leased premises, regardless of negligence of
the Lessor, arising from fire caused by sparks or fire emanating from railroad
equipment operated on tracks in the vicinity o! or on the leased premises, except
loss or damage to property of the Lessor and to railway equipment of others and
to shipments in ~e course of transportation.
Lessee also assumes responsibility for and agrees to release and indemnify the
Lessor from and against loss or damage to any property of the Lessee or to any
property of others (not including the Lessor) upon and in the vicinity of the leased
premises, regardless of negligence of the Lessor, arising from or caused by the
operation or movement of railroad equipment in the vicinity of or on the leased
premises.
Lessee also agrees to indemnify and hold harmless the Lessor against loss
damage or injury to the person or property o! Lessee, or any other person, while
on or about the leased premlses~ except loss, damage or injury to the person or
property of agents and employees of the Lessor.
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Lessee ._. ther agrees that ill in any case the release and ino~mnity provided
in this Section shall not be valids the Lessor shall in such case have the full
benefit of any insurance effected by the Lessee upon the property iniured,
destroyed or damaged and/or against the hazard involved; and the Lessee agrees
that any and all such insurance shall be so written that the insurer shall have no
claim or recourse o! any kind whatsoever against the Lessor in connection there-
with.
SE.CTION Ill - RENEW/AL OPTION
It is further agreed that the Lessee may exercise an option to extend this
Lease for an additional five (3) year period, subject in all respects to all terms,
conditions, covenants and agreements of this Leases including all rights
termination in all respects as hereinafter provided. Lessee may exercise his option
by giving the proper notice of his intention to exercise said option no less than
sixty (60) days prior to the expiration of this Lease.
SECTION IV - TERMINATION
Upon receiving notice from the Chicago and North Western Transportation
Company o! their inention to retake possession of the Mount Prospect train station
for purposes related to their rail operations, the Village of Mount Prospect may
terminate this lease by giving thirty (30) days' written notice of its intention to do
so. Such notice shall be in writing and may be served by delivering it, or a true
copy thereof to the other party or its agents~ or by depositing the same in the
United States Post Offices enclosed in an envelope addressed to the Lessee at its
last known post office address, with the postage thereon prepaid; or the Lessor may
serve such notice by posting same in any conspicuous place on said premises. Upon
the expiration o! thirty (30) days after such service of said notice, this lease and
all rights hereunder shall thereupon terminate and be at an end, saving and
excepting such rights as may have accrued to either party hereunder prior to such
termination. The Lessee shall without further notice or demand deliver possession
of said premises to the Lessor, at the expiration of said thirty (30) days~ and shall
before the expiration of ten (10) days after said termination of said lease remove
all property placed upon said premises which it may desire and have the right to
remove. I! it shall fail to so remove such property, its right to do so shall, at the
option of the Lessor, cease and Lessee's title the.reto shall be forfeited and the
same shall belong to the Lessor; or in such cases if the Lessor so elects~ it may at
any time after the expiration of said period of ten (10) days remove any or all
such property at the expense of the Lessee without any liability to damages
therefor in any respect whatsoever and the Lessee shall thereupon promptly
reimburse the Lessor for all expenses incurred by it in so doing.
Upon any such termination of this lease, rent shall be paid by the Lessee to
the date of termination fixed by said notice~ and, if rent has been paid in advance,
the Lessor shall refund to the Lessee the unearned portion thereof for the period
extending beyond such date of termination.
SECTION ¥ - SURRENDER OF PREMISES
The Lessee, in consideration o! the leasing o! the s~id premises as herein
provided, hereby covenants and agrees to pay promptly the rent therefore, as above
provided~ and fully to abide by and perform all and singular the conditions,
covenants and agreements herein contained and to be observed and performed by
said Lessee, and to yield up said premises unto the said Lessor at the expiration or
termination of this lease in as good condition as when entered into.
SECTION VI - NO REINSTATEMENT
No receipt o! money by Lessor from Lessee after any default by Lessee or
after the expiration of this lease or after the service of any notice or after the
commencement of any suit~ or after final judgment for possession of said premises,
shall waive such default or reinstate, continue or extend the term of this lease or
affect any such notice or suit, as the case may be. No waiver of any default o!
Lessee shall be implied from omission by Lessor to take any action on account o!
such default, and no express waiver shall affect any defauft other than the default
specified in the express waiver and that only for the time and to the extent
therein stated.
'SECTION VII - DEFAULT
It is further agreed between the parties hereto, that if the said Lessee shall
breach or make default in any of the conditions, covenants or agreements of this
lease, which breach or default shall continue for fifteen (17) days after Lessee's
receipt o! written notice thereof from Lessor~ then it shall be lawful for the said
Lessor then or at any time thereafter to declare this lease ended, and to re-enter
said premises and take possession thereof, with or without process of law, and to
use any reasonable or necessary force for regaining possession; whereupon the rights
and obligations of the parties shall be the same as above specified in the case of
termination at the end of thirty (30) days' notice; and it is hereby further agreed
and provided that any waiver at any time of a bre~ch of any condition, covenant
or agreement of this lease shall extend only to the particular breach so waived, an
shall in no manner impair or affect the existence of such condition, covenant or
agreement, or the ri§hr of the Lessor to thereafter avail itself of same and any
subsequent breach thereof.
SECTION VIII - NO ASSIGNMENT
The benefits and obligations of this lease shall extend to and shall bind the
heirs, administrators, executors, lessees, successors or assigns of the parties hereto;
but no interest in this lease shall be assigned, nor said premises, or any part
thereof, shall be sublet, used or occupied by any party other than the Lessee, nor
shall the Lessee allow or permit any lien of any kind to be ~mposed upon said
premises, without written consent from Lessor. Such consent shall not be
unreasonably withheld.
SECTION IX - CONDITION OF PREMISES
The Lessee has examined and knows the condition of said leased premises and
shall enter upon and take the same in their condition at the commencement of the
term of this lease. It is further understood and agreed that the concession stand
will conform with the construction plans submitted and approved on
.~,~'~rC~.~tc~.~L. '~ ~ 198~_~ Repairs necessitated by ordinary wear and tear, by
storm~ fire or wind shall be the sole responsibility of the Lessee. Lessee further
agrees to indemnify~ save and keep harmless the Lessor from all claims, demands,
Iiability~ judgments cost and expense, including attorneys' fees, arising or growing
out of loss or damage to any property whatsoever, other than property of the
Lessor, which is in, upon or about any part of the leased property [rom any cause
whatsoever.
SECTION X - LIABILITY
As a further consideration of this lease, Lessee agrees to fully indemnify and
save harmless Lessor from all liability~ claims~ demands, judgments cost and
expenses, including attorneys' fees, arising or growing out of loss or damage to
property belonging to or under the control of Lessee, placed in or stored or being
in or upon any part of the leased premises, whether such loss or damage is caused
by negligence on the part of Lessor, its officers, agents~ servants or employees or
resulting from any other cause whatsoever; and Lessee further agrees to have all
insurance policies issued to it or for or upon its own account upon property placed
in or stored or being in or upon any part of the leased premises so written that in
the event of any loss by fire or other cause, the insurance company issuing such
policy shall have no recourse, by subrogation or otherwise, against Lessor.
As a - er consideration o! this lease, the Lessee also a; to indemnify
and hold harmless the Lessor from any and ali liability for all loss or damage to
property whatsoever and all injury to or death of persons whomsoever while on or
about the Lessor's premises (whether or not included under this lease), in relation
to Lessee's operations, that may in any way occur regardless of whether the
negligence of the Lessor may have cootributed thereto.
SECTION XI - INSURANCE
The Lessee agrees to obtain, at his own cost and expense, and to keep in full
force and effect during the term of this lease public liability and property damage
insurance in the amounts of $200,000.00 for bodily injury and/or death to any one
person and $~00,00000 for two or more persons and property damage in the limits
of $100,000.00 for any one occurrence and $300,000.00 in the aggregate. Said
insurance shall run in favor of the Lessee, and shall be endorsed to assume
contractual obligations of the Lessee as set forth in .Paragraphs Two and Twelve of
this lease between the Village of Mount Prospect, Lessor, and Lloyd Semans,
Lessee, dated~:~L~~ ^ duplicate copy of such insurance policy or a
certificate of insurance shall be furnished to the Village Manager or his designee of
the Village of Mount Prospect, 100 South Emerson Street, Mount Prospect,
Illinois 60056. The following must be shown on the insurance policy or the
certificate of insurance: (^) The Village Manager or his designee will be properly
notified with a thirty (30) day notice of any modification or cancellation of such
policy. (B) This insurance policy covers the contractual obligations of this Lease.
SECTION XII - UTILITIES
The rental' herein stated includes the furnishing of heat, light and water with
the distinct understanding that Lessor shall not be liable for any damages account
of failure to furnish same due to any failure m its facilities for supplying same.
SECTIO61 XlII - RENT
The Lessee shall pay to the Lessor a monthly rental of $2t~0.00 during the
initial twelve (12) month period of this lease. Thereafter, every twelve (12)
months, said rental shall be subject to recalculation based upon the follo~ving
c riteria:
If the average gross monthly receipts of the Lessee
(exclusive of Sales, Use or Excise Taxes) for the
twelve (12) month period preceding .last, exceeds
$3,000.00, then the monthly rental shall increase to
an amount equal to 8~ of the average gross
monthly receipts of the Lessee (exclusive of Sales,
Use or Excise Taxes) for the twelve (12) month
period preceeding last.
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Said increase shall become the new monthly rental for the next twelve (12)
month period. In no case, during the term of this lease, shall the monthly rental
be less than that established during the preceding twelve (12) month period.
Monthly rental check shall be made payable to the Village of Mount Prospect
and along with quarterly statements shall be sent to the attention of the Finance
Director, I00 South Emerson Street~ Mount Prospect~ Illinois 600%.
Lessee shall furnish Lessor statements each quarter supporting the gross
receipts from Lesseets operations. The bookss records and accounts of the Lessee
relative to the operation or performance of such operations shall be subject to
reasonable inspection by Lessor from time to time.
SECTION XIV - 3ANITORIAL SERVICES
Lessee shall furnish all cleaning and janitorial services and supplies to keep
the leased premises in a clean and neat condition satisfactory to Lessor.
SECTION XV - NO LIQUOR
No liquor or alcoholic beverages shall be sold or served on the leased
premises and Lessee shall diligently attempt to prevent and discourage the presence
or consumption of any liquor or alcoholic beverages within said leased premises,
SECTION XVI - NO OB3ECTIONABLE PUBLICATIONS
Lessee shall not display, offer for sale or sell any magazine, books newspaper,
publication, picture.or article which is obscene. Promptly upon the receipt o[
written notice from Lessor, the Lessee shall discontinue the display, offer for sale
and sale of any magazines books, newspapers publications picture or article which in
the sole judgment of the Village Manager or other authorized officer of the Lessor
is obscene and any failure or refusal to so discontinue the same shall constitute a
default and breach of this lease notwithstanding any provision to the contrary
contained in this lease.
SECTION XVII - LICENSES~ PERMITS AND AUTHORITY
Lessee shall obtain all necessary licenses, permits and authority for the
performance of any of the acts or work to be done by the Lessee hereunder and
for the conduct of Lesseets operations, businesses and services and shall observe and
comply with all laws, ordinances, codes, rules and regulations relating thereto.
SECTION XVlll - SIGNS
No signs shall be erected or placed in or about said leased premises by the
Lessee without the Lessor~s consent.
SECTION XIX - STANDARDS OF SERVICE
All of the operations and services of the Lessee in the leased premsses shall
be carried out and performed in a first-class manner and in keeping with the
highest standards. If, in the judgment of the Lessor, the Lessee is not so
conducting its operations or services in said leased premises or meeting such
standards, Lessee shall promptly chan§e and comply with this requirement upon
receipt of written notice from Lessor.
In testimony Whereof, the parties hereto have executed these presents the day
and year first above written.
VILLAGE OF MOUNT PROSPECT
Witness~Eor Lessofl /
LESSEE: LLOYD SEMANS
Attest:
~itness (for Lessee)
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