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Resolution 2013-04 Resolution No. 2013-0 A RESOLUTION APPROVING A LEASE EXTENSION AGREEMENT WITH ERICK GOEPEL DOING BUSINESS AS RIVER CITY ROASTERS (131 East Hydraulic Avenue, Unit C) 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 Erick Goepel on June 23 , 2011 by Ordinance No . 2011 -23 for a concession snack shop at Riverfront Park, 131 East Hydraulic Street in the City; and WHEREAS, Erick Goepel has requested to extend the lease pursuant to the Concession Lease Agreement for a term of two (2) years ; and, WHEREAS, the City and Erick Goepel 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 June 22, 2013 , 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. 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 United City of Yorkville, Kendall County, Illinois this day of .1/;� ►/ G !�1 , 20131 CITY CLERK CARLO COLOSIMO KEN KOCH �- JACKIE MILSCHEWSKI ` LARRY KOT _ MARTY MUNNS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Resolution No. 2013- 04 Page 1 I Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this q day of ]� �-�-] , 20139 OR Resolution No . 2013 - 0 Page 2 Lease Extension Agreement (131 E. Hydraulic Avenue Unit C) This Lease Extension Agreement is made and entered into this /d1"day of ji Ch, 20LOj by and between the United City of Yorkville, an Illinois municipal colporation ("City") and Erich Goepel doing business as River City Roasters, a sole proprietor ("Tenant"). Witnesseth: Whereas, the City entered into a Concession Lease Agreement with Tenant on June 23 , 2011 by Ordinance No . 2011 -23 for a concession operation for the sale of coffee and other beverages and sandwiches and other food (except chewing gum, beer, wine tobacco products and intoxicating liquors) for consumption on and off the premises owned by the City at Riverfront Park, 131 East Hydraulic Avenue Unit C in the City; and Whereas, the First Amendment to the Concession Lease Agreement with Tenant was approved on November 5 , 2012 by Ordinance No . 2012-37 to include food and beverages for consumption on-and-off premises and musical instruments, art and other coffee shop related curios and knickknacks; and Whereas, the Concession Lease Agreement 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, 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 June 22, 2013 . 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, 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 is amended as follows : A. The term shall be extended for 2 years, commencing June 23 , 20139 and expiring June 22 2015 , unless terminated sooner. B . Notices shall be given to : United City of Yorkville Erich Goepel 800 Game Farm Road / a�lc ve Yorkville, Illinois 60560 �G SoS Attn. : Director of Parks 3 . Except as modified herein, all terms and conditions of the previous Concession Lease Agreement shall remain in full force and effect for the term of this Lease Extension Agreement, as originally set forth. In Witness Whereof, the City and Tenant have executed this Lease Extension. Agreement on the day and year first written above. CITY United City of Yorkville By: aura Schraw, Interim Director of Parks and Recreation TENANT By: Erich Goepel doi usiq ss as River City Roasters