Resolution 2013-06 Resolution No. 2013-
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A RESOLUTION APPROVING A LEASE EXTENSION AGREEMENT WITH
SPECIALTY EXPEDITIONS INC . DOING BUSINESS AS
GENEVA KAYAK CENTER
(301 E . Hydraulic Avenue)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City entered into a Concession Lease Agreement with Specialty
Expeditions Inc. on February 22 , 2011 by Ordinance No . 2011 - 06 to operate a canoe and
kayak rental center on the premises owned by the City at Riverfront Park, 301 East
Hydraulic Street in the City; and
WHEREAS , Specialty Expeditions Inc. has requested to extend the lease
pursuant to the Concession Lease Agreement for a term of two (2) years ; and,
WHEREAS , the City and Specialty Expeditions Inc. have decided that it is in
their mutual interests to exercise the option to renew for an additional two (2) year term
beginning at the termination of the existing term on May 9 , 20130
NOW, THEREFORE , BE IT RESOLVED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows :
Section 1. That the Lease Extension Agreement, attached hereto as Exhibit A and
made a part hereof by reference, is hereby approved, and Laura Schraw, Interim Director
of Parks and Recreation, be and is hereby authorized to execute said agreement on behalf
of the United City of Yorkville.
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Section 2. This Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the U ited City of Yorkville, Kendall County, Illinois this
l day of _ (/'G �/] , 2013 .
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
MARTY MUNNS CHRIS FUNKHOUSER \�
ROSE ANN SPEARS \ DIANE TEELING
Resolution No . 2013 -
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois , this
C1 day of MARP,4A , 2013 .
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Resolution No . 2013 - 0(0
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Lease Extension Agreement
(301 E. Hydraulic Avenue)
This Lease Extension Agreement is made and entered into this go day of
2013 , by and between the United City of Yorkville, an Illinois municipal
co por,4on ("City") and Specialty Expeditions Inc . , an Illinois corporation, doing
business as Geneva Kayak Center ("Tenant") .
Witnesseth :
Whereas, the City entered into a Concession Lease Agreement with Tenant on
February 22, 2011 by Ordinance No . 2011 -06 to operate a canoe and kayak rental center
on the premises owned by the City at Riverfront Park, 301 East Hydraulic Street in the
City; and
Whereas, the Concession Lease Agreement was amended by Ordinance No . 2011 -
17 on May 10, 2011 by adopting an amended premise map; and,
Whereas, the Concession Lease Agreement in section 33 . 1 provided for an initial
term of two (2) years with an option to renew for an additional two (2) terms of two (2)
years with terms and conditions as mutually agreeable to the parties; and,
Whereas, Tenant has requested to extend the lease pursuant to the Concession
Lease Agreement for a term of two (2) years; and,
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Whereas, the City and Tenant have decided that it is in their mutual interests to
exercise the option to renew for an additional two (2) year term beginning at the
termination of the existing term on May 9, 2013 .
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Now, therefore, in consideration of the covenants and agreements contained in
this Lease Extension Agreement, the City and Tenant agree as follows ;
1 . The Concession Lease Agreement, as amended, for the premise is incorporated
by reference and made a part of this Lease Extension Agreement as though set forth in
full .
2 . Anything contained in the Agreement to the contrary notwithstanding, the
Concession Lease Agreement, as amended, is hereby further amended as follows :
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A. The term shall be extended for 2 years, commencing May 10, 2013 ,
and expiring May 9, 2015 , unless terminated sooner.
B . Section 31 .2 shall be amended to read as follows;
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"The Lessee, at a minimum, shall make payments equivalent to five
percent (5 %) of the annual sum of the total adjusted gross receipts on the
sale of retail products, and fifteen percent ( 15 %) of the total adjusted gross
receipts on instructional programs, rental, and guided tours . Said payment
shall be made prior to February 1St of each year. The following sales are
specifically exempt from the calculation of total adjusted receipts :
31 . 2 . 1 . 1 Institutional sales — large group sales at wholesale prices
to organizations that are not subject to sales tax .
31 .2 . 1 .2 Adventure travel programs — guided tours and trips to sites
outside of a 50 mile area.
31 .2 . 1 . 3 Sales of used equipment and consignment sales provided
the total sales of this group do not exceed fifty percent (50%) of the
gross boat sales in any given calendar year.
C . The Lessee shall install one sign on the building at a location and size
approved by the City stating "Yorkville Outdoor Center. "
3 . Except as modified herein, all terms and conditions of the previous
Concession Lease Agreement, as amended, shall remain in full force and
effect for the term of this Lease Extension Agreement, as originally set forth.
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In Witness Whereof, the City and Tenant have executed this Lease Extension
Agreement on the day and year first written above .
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CITY
United City of Yorkville
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By. Laura chraw, Interim Director of Parks j
and Recreation
TENANT
Specialty Expeditions Inc .
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By: Ryan Rushton
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