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HomeMy WebLinkAboutRESOLUTION - 41-24 - 7/16/2024 - 1201 BUSSE ROAD, COMMERCIAL STAINLESS SERVICES, INC. LEASE TERMINATION & RELOCATION AGREEMENTRESOLUTION NO. 41-24 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A LEASE TERMINATION & RELOCATION AGREEMENT WITH COMMERCIAL STAINLESS SERVICES, INC. (1201 BUSSE ROAD) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: LEASE TERMINATION & RELOCATION AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 4 NAYS: 0 ABSENT: 2 PASSED this 10 day of July 2024 APPROVED this 1611 day of July 2024 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk LEASE TERMINATION & RELOCATION AGREEMENT This LEASE TERMINATION & RELOCATION AGREEMENT ("Agreement") is entered into this ay of July, 2024, by and between the Village of Elk Grove Village, an Illinois home rule municipal corporation located in Cook and DuPage counties ("Village") and Commercial Stainless Services, Inc., an Illinois corporation ("Tenant"). The Village, together with the Tenant, are collectively referred to as the "Parties." RECITALS A. Tenant has an amended lease agreement ("Lease") dated October 11, 2022 with the Village at property commonly known as 1201 Busse Road, Elk Grove Village, Illinois ("Property") authorizing Tenant to occupy and conduct certain business activities on the Property, all as set forth in the Lease. The Lease terminates on November 30, 2025. B. As part of a future enhancements to municipal infrastructure and operations plan, the Village has acquired the Property, and ultimately plans to rehabilitate the Property's existing structure and make potential enhancements to the municipal water system. C. Tenant has agreed to terminate its tenancy under the Lease and vacate the Property under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: I RECITALS PART OF AGREEMENT The recitations set forth in the foregoing recitals and all exhibits attached hereto are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I. II TERMINATION OF LEASE 2.01 Termination of Lease. The Parties hereby agree that the Tenant shall, at its sole cost, vacate the Unit and the Lease shall terminate no later than 2:00 p.m. CST on October 1, 2024 ("Termination Date"). 2.02 Consideration from Village. In consideration of Tenant complying with this Agreement's terms, the Village hereby agrees to the following: A. Tenant shall have the right to continue to operate its business at the Unit in accordance with the Lease rent free from July 1, 2024 through the Termination Date; B. Village will pay the Tenant the sum of $200,000.00, plus the Tenant's security deposit of $15,000.00 (collectively, the "Fee"), representing the cost and expense to the Tenant necessary for the Tenant to tenninate their lease and relocate to another location in accordance with Section 2.02C; C. Village shall pay the Tenant the Fee upon satisfaction of all of the following: (1) Tenant executing the Certification, attached hereto, on or before the Termination Date, and (2) Tenant vacating the Unit in accordance with Section 2.03 and delivering to the Village the keys to the Unit on or before the Termination Date. 2.03 Removal of Personal Property; Surrender of Unit. On or before the Termination Date, Tenant shall remove any and all personal property located in the Unit and on the Property and Tenant shall peaceably surrender the Unit, in good order and condition, except for reasonable wear and tear. 2.04 Insurance. Tenant hereby agrees it shall maintain any and all insurance policies Tenant currently has, and all insurance policies Tenant is required to provide under the Lease, related to its use and occupancy of the Unit through the Termination Date. 2.05 No Further Claims. From and after the Termination Date, and subject to the Tenant complying with this Agreement's terms, the Parties hereby agree that neither Party shall have any claim or cause of action against the other arising from this Agreement. For the avoidance of doubt, Tenant acknowledges that after the Termination Date, it shall not have the right to enter or occupy the Unit or the Property. 2.06 No Other Agreement. Except as expressly provided herein, this Lease Termination Agreement contains all agreements and understanding between the Parties, who agree that there are no other promises or representations between them that are not expressly stated herein. 2.07 Lease. The Parties understand and agree that, except as modified by this Agreement, the Parties' rights and obligations under the Lease shall remain in full force and effect. The Tenant hereby consents to the Owner's assignment of the Lease to the Village. 2.08 Illinois Law. This Termination Agreement shall be construed in accordance with the laws of the State of Illinois. [SIGNATURE PAGES TO FOLLOW] IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. ATTEST: Lorett M. Murphy, Villag lerk VILLAGE OF ELK GROVE VILLAGE, COOK AND DUPAGE COUNTIES, ILLINOIS, an Illinois Municipal Corporation By: Matthew J. Roan Village Manager COMMERCIAL STAINLESS SERVICES, Inc., an Illinois Corporation By Daniel Hansen, President Commercial Stainless Services, Inc.