HomeMy WebLinkAboutRes 15-12 05/15/2012 A Parking Lease Agreement between VOMP and Joyco, Inc.RESOLUTION NO. 15 -12
A RESOLUTION AUTHORIZING THE EXECUTION OF A PARKING LEASE
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND
JOYCO, INC., 143 WEST PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS
WHEREAS, Joyco, Inc., (Lessee) has proposed to operate a Mexican restaurant located at 143 West
Prospect Avenue; and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it would
be in the best interests of the Village to participate with Joyco Inc. to meet the required parking
demand by providing Village -owned off -site parking for the proposed Mexican restaurant; and
WHEREAS, it has been further determined that it would be in the best interest of all concerned to
enter into said Agreement in conjunction with the operation of the Mexican restaurant.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Village President is hereby authorized to sign and the Clerk is authorized to
attest her signature on the Agreement between the Village of Mount Prospect and Joyco, Inc. being
the subject of this Resolution, a copy of said Agreement 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, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: Juracek
PASSED and APPROVED this 15 day of May 2012.
Irvana K. Wilks
Mayor
ATTEST:
v,,
M. isa Angell
Village Clerk
HACLKO \files \WIN \RES\Auth agrmt,VOMP & mexicanrestaurantl43prospectave .doc
PARKING LEASE
Joyco Inc.
143 West Prospect Avenue — Mount Prospect, Illinois
THIS PARKING LEASE ( "LEASE ") DATED JUNE 5, 2012 IS BETWEEN THE VILLAGE OF
MOUNT PROSPECT, BY AND THROUGH ITS COMMUNITY DEVELOPMENT
DEPARTMENT ( "LESSOR" or "LANDLORD ") AND JOYCO INC. ( "LESSEE" or "TENANT")
FOR THE LEASE OF FIFTEEN (15) PARKING SPACES IN THE WILLE STREET
PARKING LOT LOCATED AT THE INTERSECTION OF WILLE STREET AND
EVERGREEN AVENUE ( "LEASED PREMISES" or "PREMISES ") IN THE VILLAGE OF
MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS, UPON THE.FOLLOWING
TERMS AND CONDITIONS:
1. TERM
The term of this Lease shall be for five (5) years and shall commence upon date of
occupancy ( "Commencement Date ") and shall terminate five years thereafter or, subject to
paragraph 22, at such time as the Lessee is no longer the Owner of the restaurant business at 143
W. Prospect Avenue ( "Termination Date "), unless sooner terminated as provided in the Lease
( "Term "), or unless as extended as hereinafter provided vis -a -vis Options to Extend.
2. BASE RENT
Beginning on the Commencement Date or on the date of delivery of the Premises to Lessee,
if delivery occurs prior to the Commencement Date, Lessee shall pay to Lessor (more precisely to
the Finance Department of Lessor) or to such other person and at such place as may be designated
in writing from time by Lessor, base rent ( "Base Rent ") for the Premises, as follows:
Annual Rent: to be equal to the then - applicable Village rate (currently $90.00 per ey ar for
each parking space)
The subject Leased Premises consists of fifteen (15) total parking spaces
$90.00 * 15 = 1,350.0 total annual rent (inclusive of all 15 parking spaces)
based on the Village's current rate, but subject to increase if
the Village's rate subsequently increases
Base Rent shall also include any taxes payable pursuant to paragraph 3 below, and
assuming that the instant Lease has the effect of causing the County to tax the Premises, which
currently are not being taxes by the County.
Base Rent shall be payable in lawful money of the United States, in advance on the first day
of each year during the Term hereof, without receipt or invoice therefore and without any deduction
or setoff or abatement whatsoever, except in the event that, through no fault of Lessee, the Leased
Premises are rendered untenantable. (Rent shall not be deemed late for 15 days after due date.)
3. OWNERSHIP TAXES Lessee is responsible for payment of such Real Estate
Taxes on its proportionate share -- approximately one -third (1/3) -- of the Premises as might be
billed by the County. (The approximated proportionate share is based on the number of parking
spaces (15) being leased by the Lessee divided by the estimated total number (45) of parking spaces
at the Premises).
4. PAYMENT OF ADDITIONAL RENT Not applicable. Lessee is not responsible
for payment of Additional Rent above and beyond the aforementioned Base Rent.
5. C.A.M PERCENTAGE: Not applicable. Lessee is not responsible for payment
of Common Area Maintenance Expenses.
6. C. A. M. EXPENSES. Not applicable. Lessee is not responsible for payment
of Common Area Maintenance Expenses.
7. LATE CHARGE Lessee shall pay a "late charge" equal to 3% of the amount then
due for all rent which is not paid within fifteen (15) days after the due date.
8. UTILITIES. Not applicable. Lessee is not responsible for payment of Utilities.
9. INSURANCE
A. Prior to taking occupancy of the Premises and at all times subsequent to
Lessee taking possession of the Premises, Lessee shall, at its sole cost and expense, procure and
maintain comprehensive general public liability insurance against claims for personal injury or
death or property damage occurring in connection with the use of the Premises, with commercially
reasonable coverage amounts.
B. With respect to policies which Lessee is required to procure and maintain
hereunder.
(1) Each such policy or certificate shall contain an agreement or endorsement
that it will not be canceled by the insurer without at least thirty (30) days prior written notice to
Lessor;
(2) Each such policy or a certificate therefor issued by the insurer thereunder,
shall be deposited by Lessee with Lessor,
(3) Not less than ten (10) days prior to the expiration date of any such policy,
Lessee will furnish Lessor with a new policy or certificate therefor or a renewal thereof;
(4) Lessee will not do, suffer or permit any act or omission, whether upon the
Premises or otherwise, which might or would result in voiding or impairing the obligation of any
such policy of insurance; and
(5) Lessee shall provide Lessor with evidence (certificate) of such insurance,
and Lessor shall be named as additional insured thereon.
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10. RULES AND REGULATIONS Lessor shall have the right to adopt such
reasonable rules and regulations for the Premises as Lessor shall determine to be appropriate for the
enjoyable use thereof; provided, however, that such rules and regulations are reasonable and are
uniformly applied. Lessee shall substantially comply with all rules and regulations of which it has
notice.
11. ALTERATIONS Not applicable.
12. OPTIONS TO EXTEND There shall be two (2), five (5) year Options to Extend,
in favor of Lessee. Such options are personal to the Lessee and shall be in force only so long as the
Lessee is the Owner of the restaurant business at 143 Prospect Avenue. In the event that Lessee
opts to extend the Term, then Lessee shall provide Lessor with written notice of said election not
later than thirty (30) days prior to the expiration of the lease Term, or the first Option period, if
applicable. The terms and provisions of this Lease shall continue in full force and effect during the
Options period(s), if exercised by Lessee.
13. ESTOPPEL LETTERS Lessee agrees that from time to time, upon not less than
ten (10) days prior written request by Lessor, it will deliver to Lessor a statement, in writing,
certifying that:
A. This Lease is unmodified and in full force and effect (or if there have been
modifications that the Lease, as modified, is in full force and effect);
B. The dates to which rent and other charges have been paid; and
C. To the best of Lessee's knowledge, that Lessor is not in default under any
provisions of this Lease or, if in default, the nature thereof in detail.
14. MORTGAGE OF PREMISES Lessor expressly reserves the right at any time to
place liens and encumbrances on and against the Premises, superior in lien and effect to this Lease
and the estate created thereby. This Lease, at the option of Lessor, is and shall be subject,
subordinate and inferior to the lien and estate of any liens and encumbrances, renewals, extensions
or replacements thereof now or hereafter imposed by Lessor upon the Premises. Lessee shall agree
to execute and deliver upon demand such further instrument or instruments subordinating this
Lease to any such liens or encumbrances as shall be desired by Lessor, and hereby irrevocably
appoints Lessor as its attorney -in -fact to execute and deliver any such instruments for and in the
name of the Lessee. Lessee shall not subordinate its leasehold interest herein to any lien on the
Premises without prior written consent of Mortgagee (as defined herein). Notwithstanding the
above to the contrary, however, Lessee' subordination shall in no way terminate this Lease or
conditions hereof.
15. ATTORNMENT Lessee agrees that, upon the written request of the holder
( "Mortgagee ") of any note secured by a mortgage ( "Mortgage ") affecting the Premises, Lessee will
agree in writing to subordinate this Lease and Lessee's rights hereunder to any such note and
Mortgage and that no action taken by the Mortgagee to enforce such Mortgage by reason of default
thereunder shall terminate this Lease or conditions hereof, and Lessee will attorn to the purchaser at
any foreclosure sale or the grantee in any conveyance in lieu of foreclosure as Lessor of the
building. Lessee will, upon written request of such purchaser or grantee, execute such instruments
as may be necessary or appropriate to evidence such attornment.
16. SECURITY DEPOSIT Not applicable.
17. UNTENANTABILITY If in excess of twenty -five (25 %) percent of the Premises
are made untenantable by fire or other casualty, Lessor or Lessee may, at their option, elect to:
A. Terminate this Lease as of the date of the fire or casualty by written notice
within thirty (30) days after that date;. or
B. Proceed to have Lessor repair, restore or rehabilitate the Premises at Lessor's
expense, in which latter event this Lease shall not terminate.
In the event the Lease is not terminated pursuant to these provisions, rent shall abate on a
per diem basis during the period of untenantability except, however, in the event that the cause of
the casualty was due to the fault of Lessee, its agents, employees, or invitees or except in the event
that the origination of the casualty or fire was in the Premises. In the event of the termination of this
Lease pursuant to this section, rent shall be apportioned on a per diem basis and paid to the date of
the fire or other casualty. If less than twenty -five percent (25 %) of the Premises are made
untenantable as aforesaid during the last year of the Term hereof, either party shall have the right to
terminate this Lease as of the date of the fire or other casualty by giving written notice thereof
within thirty (30) days after the date of fire or other casualty, in which event the rent shall be
apportioned on a per diem basis and paid to the date of such fire or other casualty.
18. MAINTENANCE AND REPAIR
A. Lessee shall, subject to Lessor's obligation herein provided, at all times
during the term hereof, and at Lessee's sole cost and expense, keep, maintain and repair the non-
structural portions of the Premises and all appurtenances thereto in good and sanitary order,
condition and repair.
B. Lessor shall maintain in good repair the exterior and structural portions of
the Premises, if any.
19. USE The Premises is hereby leased to Lessee upon the express conditions that:
A. Lessee shall use said Premises for the parking of motor vehicles for the
Lessee's patrons and/or employees in connection with Lessee's restaurant business at 143 Prospect
in Mount Prospect, Illinois.
D. Lessee's employees shall park in the Wille Street parking lot.
20. SIGNAGE Lessee shall have the right to attach or place such signage on or about
the Premises, provided that the size and design of all signage must be first approved by Lessor and
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is in substantial compliance with all licensing and Building Code requirements for the Village of
Mount Prospect. Lessee shall be responsible for maintaining such signage and removing it in a
good and workmanlike manner at the end of the Lease.
21. PERMITS AND LICENSES Lessee shall obtain all necessary permits and
licenses required by the Village of Mount Prospect in connection with Lessee' use of the Premises.
22. ASSIGNMENT AND SUBLETTING
The Lessee may transfer its interest to an entity with respect to which Lessee holds a
controlling interest. Otherwise, without the prior written consent of Lessor, Lessee may not
sublease, assign, or otherwise transfer or permit the transfer of this Lease or the interest of Lessee
in this Lease, in whole or in part, by operation of law or otherwise.
23. NOTICES All notices to be given by one party to the other under this Lease shall
be in writing, mailed or delivered as follows:
To Lessor: Village of Mount Prospect, Community Development Department
50 South Emerson Street, Mount Prospect, IL 60056
Attention: Judith M. Connolly, AICP
With a copy to: Everette M. Hill, Jr., Esquire
Klein, Thorpe and Jenkins, Ltd.
20 N. Wacker Drive, Suite 1660
Chicago, IL 60606
To Lessee:
Joyco Inc.
5057 W. Newport
Chicago, IL 60641
Attn: Esteban and Joy Aguado
Or to such other address designated by notice sent by either party.
Mailed notices may be sent by first class mail, EXCEPT in the event of an alleged breach of
or default under this Lease, in which event any such notice shall be sent by certified mail, postage
prepaid, return receipt requested.
24. INDEMNIFICATION.
A. If any damage to the Premises results from any act or neglect of Lessee, its
employees, agents, contractors, licensees or invitees (whether patrons or employees), Lessee shall
be liable therefor and Lessor, at its option, may repair such. damage and Lessee, upon written notice
to Lessee and written demand by Lessor, shall reimburse Lessor for all costs of such repairs and
damages in excess of amounts, if any, paid to Lessor under insurance covering such damage.
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B. All personal property belonging to Lessee or any invitee of Lessee that is on
the Premises shall be there at the risk of Lessee or other persons only and Lessor shall not be liable
for damage thereto or theft or misappropriation thereof, except in the event same results from any
act or neglect of Lessor, its employees, agents, contractors, licensees or invitees.
C. To the extent not prohibited expressly by law, and except for matters arising
from the negligence or intentional acts of Lessor or any of its partners, directors, officers,
contractors, agents, employees or other tenants or invitees, or from Lessor's failure to perform any
of its obligations under this Lease, Lessee agrees to hold Lessor, and its agents, servants and
employees, harmless and to indemnify each of them against claims and liabilities, including
reasonable attorney's fees for injuries to all persons and damage to or theft, misappropriation or
loss of property occurring in or about the Premises arising from Lessee's use of the Premises or the
conduct of its business or from any activity, work or thing done, permitted or suffered by Lessee in
or about the Premises or due to any other intentional act or material omission of Lessee, its agents,
contractors, invitees, licensees or invitees, but only to the extent of Lessor's liability , if any, in
excess of amounts, if any, paid to Lessor under insurance covering such claims or liabilities.
25. DEFAULTS.
A. In the event anyone or more of the following events shall have occurred and
shall not have been remedied as hereinafter provided: (1) Lessee's failure to pay any installment of
Base Rent when the same shall be due and payable and the continuance of such failure for a period
of five (5) days after receipt by Lessee of notice in writing from Lessor specifying in detail the
nature of such failure; or (2) Lessee's material failure to perform any of the other covenants,
conditions and agreements herein contained on Lessee's part to be kept or performed and the
continuance of such failure without the curing of same for a period of ten (10) days after receipt by
Lessee of notice in writing from Lessor specifying in detail the nature of such material failure, then,
Lessor may, at its option, with further notice and with due process of law, end the Term of this
Lease upon a date specified in such notice, and upon the date specified in said notice, the Term and
estate hereby vested in Lessee shall cease and any and all other right, title and interest of Lessee
hereunder shall likewise cease with further notice or lapse of time, as fully and with like effect as if
the entire Term of this Lease had elapsed.
B. Upon any termination of the Term of this Lease pursuant to Paragraph 25. A.
above, or at any time thereafter, Lessor may, with notice and with due process of law, in addition to
and without prejudice to any other rights and remedies Lessor shall have at law, or in equity, re-
enter the Premises, and recover possession thereof and dispossess any or all occupants of the
Premises in the manner prescribed by the statute relating to summary proceedings, or similar
statutes.
C. The rights and remedies of Lessor under this Lease are cumulative. The
exercise or use of anyone or more thereof shall not bar the Lessor 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 the Lessor waive any other right or remedy.
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26. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to
enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of
inspecting the same, and will permit Lessor at any time within thirty (30) days prior to the
expiration of this Lease, to place upon the Premises any usual "To Let" or "For Lease" signs, and
permit persons desiring to lease the same to inspect the Premises thereafter. Under no
circumstances shall Lessor unreasonably interfere with Lessee's operations at the Premises.
27. POSSESSION Lessee shall be granted possession of the Premises upon the date of
commencement of the Term hereinbefore set forth at the beginning.of this Lease.
28. ATTORNEY'S FEES In case suit should be brought in connection with this
Lease, by either party, each party shall pay its own costs to be incurred in connection with such
action, including any attorneys' fees.
29. WAIVER No failure to enforce any term hereof shall be deemed to be a waiver.
30. HEIRS, ASSIGNS, SUCCESSORS This Lease is binding upon and inures to the
benefit or the heirs, assigns and successors in interest to the parties.
31. ENTIRE AGREEMENT The foregoing constitutes the entire agreement between
the parties and may be modified only by a writing signed by both parties, by and through their
authorized agents and/or attorneys.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in
Mount Prospect, Illinois, on the dates hereinbelow set forth next to their signatures.
LESSEE:
By: P a t j ,- aottak
J61 q ob
Date: June 5, 2012
LESSOR:
Village of Mount Prospect
Comm ity Development Department
$ r
William J. Cooney, Jr., AICP
Its: Director of Community Devetopment
Date: June 5, 2012
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