Loading...
HomeMy WebLinkAboutRESOLUTION - 63-24 - 9/24/2024 - MIXX HAIR SALON, 53-55 TURNER, FIRST AMENDMENT TO AGREEMENTRESOLUTION NO.63-24 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO THE LEASE TERMINATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE MIXX HAIR SALON (53-55 TURNER AVENUE) 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 Village Manager be and is hereby authorized to sign the attached document marked: FIRST AMENDMENT TO LEASE TERMINATION 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 document upon the signature of the Village Manager. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 2411 day of September 2024 APPROVED this 24" day of September 2024 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk FIRST AMENDMENT TO LEASE TERMINATION AGREEMENT THIS FIRST AMENDMENT TO LEASE TERMINATION AGREEMENT ("First Amendment") is entered into this d day of September, 2024 ("First Amendment Effective Date"), by and between the VILLAGE OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation located in Cook and DuPage counties ("Village"), and THE MIXX HAIR SALON ("Tenant") (the Village, together with the Tenant, are collectively referred to as the "Parties" and individually, sometimes, a "Party"). RECITALS A. Tenant entered into a lease agreement ("Lease") dated January 1, 2023 authorizing the Tenant to occupy and conduct certain business activities at 53-55 Turner Avenue, Elk Grove Village, Illinois ("Property"), all as set forth in the Lease. B. On or about April 11, 2024, the Parties entered into a Lease Termination Agreement ("Termination Agreement") establishing certain terms applicable to Lease's termination and the Tenant's surrender of the Property. C. The Village, with the Tenant's consent, assumed the landlord's rights and obligations under Lease when the Village acquired title to the Property on or about April 30, 2024. D. At the Tenant's request, the Parties now wish to amend the Termination Agreement to revise the Termination Date and make related changes, all as set forth in this First Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency are hereby acknowledged, the Parties agree as follows: 1. Recitals Incorporated. The foregoing recitals and all exhibits attached to this First Amendment are incorporated as though fully set forth in this Section 1. 2. Capitalized Terms, Conflict. Any capitalized term used herein, but not defined herein, shall have the meaning given to such term in the Termination Agreement. In the event of any conflict between the terms and conditions hereof and those set forth in the Termination Agreement or the Lease, the terms and conditions of this First Amendment shall control. 3. Section 2.01 Amended. Termination Agreement Section 2.01 is amended as follows (additions underlined and deletions stmsk dweuo): 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 10:00 a.m. CST on December 1, 2024 �;nn p.m. CST an Oeta e , 202 "Termination Date"). 1 4. Maintenance and Repairs. Beginning on the First Amendment Effective Date, the Tenant will be solely responsible, at the Tenant's sole cost, for all maintenance, repair, and upkeep of the Property (collectively, "Maintenance"). The Tenant acknowledges and agrees that the Village shall have no responsibility for Maintenance, notwithstanding any provision of the Lease or the Termination Agreement to the contrary. 5. Additional Consideration. Beginning on October 1, 2024 and concluding on the Termination Date, the Tenant shall owe the Village ONE THOUSAND FIVE HUNDRED AND NO/100 ($1,500.00) DOLLARS per month for each month, or portion thereof, the Tenant occupies the Property ("Monthly Payment"). The Village will deduct all Monthly Payments owed from the final Fee payment, as set forth in Termination Agreement Section 2.02(E). 6. Binding Effect. This First Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of Village and the Tenant. 7. One Agreement. The Lease, Termination Agreement, and First Amendment shall be construed as one instrument. The terms and provisions of the Lease and the Termination Agreement not specifically modified by this First Amendment shall remain in full force and effect and shall not be construed to have been modified, waived, discharged or otherwise altered by this First Amendment. The terms and provisions of the Lease and the Termination Agreement are incorporated herein by reference as if fully stated herein. 8. Amendment. The terms and conditions of this First Amendment may not be modified, amended, altered, or otherwise affected except by instrument in writing executed by the Parties. 9. Final Form. This First Amendment represents the final agreement between Seller and Purchaser and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements between the Parties. There are no unwritten oral agreements between the Parties. 10. Severability. If any term or provision of this First Amendment, or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this First Amendment, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each provision of this First Amendment shall be valid and shall be enforceable to the extent permitted by law. 11. Authority. Each Party represents and warrants to the other that is has the requisite authority to enter into this First Amendment, and each party shall, upon request, provide evidence of such authority acceptable to the other at the time of execution of this First Amendment. 12. Counterparts. This First Amendment may be executed in multiple counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively but 2 one instrument; but in making proof of this First Amendment, it shall not be necessary to produce or account for more than one such counterpart. [Signature page follows] IN WITNESS WHEREOF, the Parties have duly executed this First Amendment pursuant to all requisite authorizations as of the date first above written. ATTEST: L etta M. Murphy, Village k VILLAGE OF ELK GROVE VILLAGE, COOK AND DUPAGE COUNTIES, ILLINOIS, an Illinois home rule municipal corporation By: Matthew J. Roan Village Manager TENANT: By Heather Haftl Mixx Hair Salon bilk6,e By &a4ljn Denise Scianna Mixx Hair Salon By elli Brown Mixx Hair Salon 3 a . a i t