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Home My WebLink AboutRESOLUTION - 74-24 - 11/19/2024 - MIXX HAIR SALON 53-55 TURNER SECOND AMENDMENT TO LEASE TERMINATION AGREEMENTRESOLUTION NO. 74-24 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER AND VILLAGE CLERK TO EXECUTE A SECOND 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: SECOND 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 19th day of November 2024 APPROVED this 191h day of November 2024 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk SECOND AMENDMENT TO LEASE TERMINATION AGREEMENT THIS SECOND AMENDMENT TO LEASE TERMINATION AGREEMENT ("Second Amendment") is entered into this 19th day of November, 2024 ("Second 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 the Lease's termination and the Tenant's surrender of the Property. C. On or about September 24, 2024, the Parties entered into a First Amendment to the Lease Termination Agreement ("First Amendment") (collectively, the Termination Agreement and the First Amendment are the "Agreement") to, among other things, extend the Termination Date. D. 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. E. At the Tenant's request, the Parties now wish to further amend the Agreement to revise the Termination Date and make related changes, all as set forth in this Second 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 to this Second 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 Agreement. In the event of any conflict between the terms and conditions hereof and those set forth in the Lease or the Agreement, the terms and conditions of this Second Amendment shall control. 3. Section 2.01 Amended. Agreement Section 2.01 is amended as follows (additions underlined and deletions stmek through): 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 3:00 p.m. CST I'AA 0 i Aiv i vt- 'Af r ath IA T 3.41 ualvat -wl brm �aun*ol t 1. A'.'AA O'l on Monday. December 16. 2024 1 n.nn a.m. CGS en- De6omber- - 24 ("Termination Date"). 4. Additional Consideration. On December 1, 2024, the Tenant shall owe the Village - in addition to all amounts owed pursuant to the Agreement - SEVEN HUNDRED FIFTY AND NO/100 ($750.00) DOLLARS ("Partial Monthly Payment") as additional consideration for the Tenant's occupancy of the Property from December 1, 2024 through the Termination Date. The Village will deduct all Monthly Payments and Partial Monthly Payments owed from the final Fee payment, as set forth in Termination Agreement Section 2.02(E). 5. Binding Effect. This Second Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of Village and the Tenant. 6. One Agreement. The Lease, Agreement, and Second Amendment shall be construed as one instrument. The terms and provisions of the Lease and Agreement not specifically modified by this Second Amendment shall remain in full force and effect and shall not be construed to have been modified, waived, discharged or otherwise altered by this Second Amendment. The terms and provisions of the Lease and Agreement are incorporated herein by reference as if fully stated herein. 7. Amendment. The terms and conditions of this Second Amendment may not be modified, amended, altered, or otherwise affected except by instrument in writing executed by the Parties. 8. Final Form. This Second Amendment represents the final agreement between the Parties 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. 9. Severability. If any term or provision of this Second Amendment, or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Second 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 Second Amendment shall be valid and shall be enforceable to the extent permitted by law. 10. Authoritv. Each Party represents and warrants to the other that is has the requisite authority to enter into this Second Amendment, and each party shall, upon request, provide evidence of such authority acceptable to the other at the time of execution of this Second Amendment. 11. Counterparts. This Second Amendment may be executed in multiple counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively but one instrument; but in making proof of this Second Amendment, it shall not be necessary to produce or account for more than one such counterpart. [Signature page follows] 2 IN WITNESS WHEREOF, the Parties have duly executed this Second Amendment pursuant to all requisite authorizations as of the date first above written. ATTEST: �A`-•t�?� Loretta M. Murphy, Village Clerk VILLAGE OF ELK GROVE VILLAGE, COOK AND DUPAGE COUNTIES, ILLINOIS, an Illinois home rule municipal corporation By: atthew J. Roan Village Manager TENANT: Bye%�g✓ Heather Haftl Mixx Hair Salon By" % i tr ✓ Denise Scianna Mixx Hair Salon By ► Kelli Brown Mixx Hair Salon tii ii;.. , .(1.; � _. .. .. :?::t. !' rt.�a }.;t _r,'�.yjii;!. .. .-_s! ._ . ��.T-��-r .•,. r'`�r'`. � 5 I;i .7 ��)... a��'�i�.?'; ii . �•j',�.� Je�.J •l �,' r .. n-„i t.. _. ,. 1: �, r 1c-��J':,7• � �. ., . 'Y'}`,��.��-A} Y�r.�.Y i C".�J� .. .aF .. ..�a .#t t:`d.A�S5.��.. .1' � P, . _.. e y }}yy 5gg FIl.��Pi k. �xri�fb.::: { i'. _�� .c�, �`. S x, t 6 ♦.� \ �i}'" � � . r t � � �'i ...._ ._ .....�.,.....,...__.�..., ..•.. v. �... �� .. . �:� �<:i�,�