Loading...
HomeMy WebLinkAboutRes 20-01 04/04/2001 VVL/ 3/28101 RESOLUTION NO. 20-01 A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CAPPANARI ICE CREAM COMPANY 10 SOUTH PINE STREET WHEREAS, the Village of Mount Prospect is the owner of properly at 10 South Pine Street; and WHEREAS, the Village of Mount Prospect is desirous of entering into a Lease Agreement with Cappanari Ice Cream Company at the former Downtown General Store located at 10 South Pine Street; and WHEREAS, such agreement will provide for the operation of a retail food establishment in the referenced General Store that will benefit the citizens of Mount Prospect; and 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 Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize execution of a Lease Agreement between Capparani Ice Cream Company and the Village of Mount Prospect for the purpose of permitting an ice cream pador to be located within the structure at 10 South Pine Street in Mount Prospect, and said Lease shall be for a period of five (5) years, with a subsequent five (5) year option if mutually agreed by both parties, as set forth in the Lease, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A.' SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Lohrstorfer, Prikkel, Wilks NAYS: None ABSENT: Corcoran, Skowron PASSED and APPROVED this 4th day of April, 2001. Village Clerk H:\CLKO\GEN\flIes\WIN\RES\Lease agrrnt.ice cream parlor.doc - MAYOR ~ VILLAGE MANAGER Gcrald L. F~ley ~ Michel E. l~onis TRUSTEES VILLAGE CLERK Village of Mount Prospect w,m w. Richard M. Lohrstorfer Community Development Department hone: 847/818-5328 Michaelc Skowron Fax: 847/818-5329 Irvana K. Wilks 100 South Emerson Street Mount Prospect, Illinois 60056 TDD: 847f392-6064 LEASE AGREEMENT DOWNTOWN GENERAL STORE - RETAIL SPACE On this third day of March, 2001, CAPPANARI ICE CREAM ("CAPPANARI"), agrees to lease from the Village of Mount Prospect, a municipal corporation, ("Village"), space, illustrated on Exhibit A (the "Premises"), within the Downtown General Store ("General Store") located at 10 South Pine Street, Mount Prespect, Illinois. WHEREAS, the Village wants to enter into an agreement that will previde retail ice cream services in the General Store and that will benefit the citizens of Mount Prospect; and WHEREAS, CAPPANARI is willing to provide these services according to the following terms of this agreement. NOW, THEREFORE, the parties agree as follows: 1. TERM. The term of this Lease is five (5) years from the date posted on the Certificate of Occupancy and may be extended for additional five (5) year periods if approved in writing by both parties. 2. ANNUAL BASE RENT. The rent will be $l,200 per month for the first year of the lease, and increase at the rate of 5% per annum for the remaining four years of the lease. Rent will be paid and will be due the 1st day of each month. Upon opening, CAPPANARI will pay a pre-rated share of that month's rent. All payments will be sent to the attention of the Finance Director, Village of Mount Prospect, 100 South Emerson Street, Mount Prospect, Illinois 60056. The Village will credit CAPPANARI the first two months of rent to cover a portion of the expense to install three phase electric service to the facility. 3. PREMISES. The area occupied by CAPPANARI will consist of appreximately nine hundred (900) square feet. The Village warrants that upon the date of delivery, there will be no easement, encumbrances, zoning regulations and/or restrictions that would inhibit CAPPANARI from opening a retail ice cream facility. 4. USE. CAPPANARI shall have the right to operate an ice cream retail facility with ancillary sales in the General Store. 5. HOURS OF OPERATION. CAPPANARI will maiutain these base hours of operation: Monday through Friday: 11 AM to 11 PM Saturday: 11 AM to I 1 PM Sunday: 11 AM to 10 PM The hours may be modified by CAPPANARI only with the written permission of the Village. 6. STANDARDS OF SERVICE. CAPPANARI will carry out and perform all operations and services in a professional manner and in keeping with high standards for customer service and cleanliness. If, in the Village's reasonable judgment, CAPPANARI is not meeting these standards, then CAPPANARI will promptly change and comply with lhese standards within ten (10) days of recoiving written notice ~om the Village. 7. LICENSE AND PERMITS. CAPPANARI will obtain all necessary licenses and permits needed to conduct the business required under the terms of this Lease and will conduct the business in compliance with all Village regulations, their lease being specifically subordinate to those regulations. g. COMMON AREA MArNrENANCE. The Village of Mount Prospect will maintain the grounds around the General Store illustrated on Exhibit A, herein attached. CAPPANARI will maintain the interior of the General Store and all outside eating areas around the General Store. 9. ADDITIONAL CHARGES. CAPPANARI will be responsible for garbage collection, insurance and utilities including water/sewer, gas and electric applicable to its space. I0. TERMINATION. In the event of CAPPANARI's non-performance, breach of the Lease terms, or failure to abide by Village regulations, the Lease may be canceled by the Village, in whole or in part, after the Village provides written notice of default and CAPPANARI fails to cure the default within ten (10) days of the notice, unless such default cannot be cured within the tan (10) day period and CAPPANARI moves diligently to cure the default within a reasonable time period. If CAPPANARI intends to close its operation for any reason, except for a temporary closing for au emergency as outlined herein, it must notify the Village in writing one hundred and twenty (120) days prior to shutting down. If CAPPANARI must cease operation as a result of au emergency, it must notify the Village as soon as possible, the reason, and the anticipated duration. The Village may terminate the Lease immediately if CAPPANARI closes for seven (7) days, without reasonable cause, and fails to reopen afier receiving written notice from the Village. If CAPPANARI terminates this lease for any reason, including but not limited to the demand or request of the Village, CAPPANARI will return the premises to the condition it was in prior to CAPPANARI's installation of its famiture, fix~res and equipment. Except as stated specifically herein to the contrary, upon termination of the Lease between the parties, CAPPANARI shall be relieved from any and all further obligations under the Lease. 11. INDEMNIFICATION. CAPPANARI agrees to indemnify and hold harmless the Village, its officers, agents and employees from any and all liability, losses or damages including attorney's fees and costs of defense the Village may suffer in any way resulting from or arising out of the operation of CAPPANARI or the activities of its agents under this Lease, except as a result of the negligence of the Village, its officers, agents or employees, and CAPPANARI will, at its own expense, appear, defend and pay all fees of attomeys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgments will be rendered against the Village in any such action, CAPPANAR1 will at its own expense, satisfy and discharge the same except that CAPPANAR1 will not defend, indemnify, and/or save harmless the Village from and against the Village's own negligence. 12. INSURANCE. CAPPANARI agrees to obtain at its own cost and expense, and to keep in full force and effect during the term of this I~.ase, general liability insurance in the amount of $500,000 single claim and $1,000,000 aggregate from an insurance carrier having at least an "A' rating as defined in A. M. BEST'S Key Rating Guide. The Village will be named as an additional insured. 13. ASSIGNMENT. CAPPANARI will not assign this Lease or any part thereof, to any other person, finn or corporation, except affiliates, without the written consent of the Village. Notwithstanding anything contained herein, CAPPANARI shall have the right to sublease the locatiou to a qualified franchisee of CAPPANARI with the written conseat of the Village, which consent shall not be unreasonably withheld or delayed. Such sublease arrangemeut shall not relieve CAPPANARI from any Tenant obligation, as outlined in the Agreement, including but not limited to, the masoaable quality standards established by the Village. Further, the Village will look to CAPPANARI should any default arise as a result of actions of the sub-lessee. 4. AMENDMENTS. Any amendments to this Lease must be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereof have executed this Lease the day and year fn~t written above. (~-Fxn~fll'a'ge of Moun~ Prospect Title /bhs