Resolution 2013-05 Resolution No. 2013- 0
A RESOLUTION APPROVING A LEASE EXTENSION AGREEMENT WITH
ROBYN SUTCLIFF DOING BUSINESS AS
WHITEWATER ICE CREAM
(131 East Hydraulic Avenue, Units A and B)
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 consented to a sublease of a Concession-Lease Agreement with
Robyn Sutcliff as provided in the Assignment of a Concession Lease Agreement For The
Sale of Food And Beverages In The United City of Yorkville 's Park Building At 131 East
Hydraulic Street dated September 26, 2012; and
WHEREAS, Robyn Sutcliff has requested to extend the lease pursuant to the
Concession Lease Agreement for a term of two (2) years ; and,
WHEREAS, the City and Robyn Sutcliff 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 6, 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
2 day of �� �/( , 2013s L
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
MARTY MUNNS \ CHRIS FUNKHOUSER
ROSE ANN SPEARS DIANE TEELING
Resolution No . 2013 - 0 5
Page 1
( Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Iq dayof MAPCF{ , 2013 .
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Resolution No. 2013- OS
Page 2
Lease Extension Agreement
(131 E. Hydraulic Avenue, Units A and B)
This Lease Extension Agreement is made and entered into thisag day of
20,, by and between the United City of Yorkville, an Illinois municipal
corporation ("City") and Robyn Sutcliff doing business as Whitewater Ice Cream, a sole
proprietor ("Tenant").
Witnesseth:
Whereas, the City entered into a Concession-Lease Agreement with Creative
Kernels, Inc. on May 10, 2011 by Ordinance No. 2011 - 16 for the sale of certain food and
beverages for consumption on and off the premises owned by the City at 131 East
Hydraulic Avenue in the City; and
Whereas, the Concession-Lease Agreement provided for the sublease of the
obligations of the Concession-Lease Agreement by Creative Kernels, Inc. with the
consent of the City; and,
Whereas, Creative Kernels, Inc. entered into a Commercial Sublease Agreement
with Tenant dated June 28, 2011 ; and,
Whereas, Creative Kernels, Inc. sought the consent of the City to sublease to
Tenant; and,
Whereas, the City consented to said sublease as provided in the Assignment of a
Concession Lease Agreement For The Sale of Ice Cream and Related Products In The
United City of Yorkville 's Building At 131 East Hydraulic Street Units A & B dated
September 26, 2012; and
Whereas, the City consented to the amendment of said sublease agreement to
include the Sale of Ice Cream and Related Products, Hot Dogs, Brats, and other Sausage
Products, and Beverages with the Exception of Coffee and Coffee Related Products dated
October 14, 2012; 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 6, 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, Commercial Sublease Agreement and
Assignment of a Concession Lease Agreement For The Sale of Ice Cream and Related
Products, Hot Dogs, Brats, and other Sausage Products, and Beverages with the
Exception of Coffee and Coffee Related Products In The United City of Yorkville 's
Building At 131 East Hydraulic Avenue Units A & B for the premises are 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
Assignment of a Concession Lease Agreement For The Sale of Ice Cream and Related
Products, Hot Dogs, Brats, and other Sausage Products, and Beverages with the
Exception of Coffee and Coffee Related Products In The United City of Yorkville 's
BuildingAt 131 East Hydraulic Avenue UnitsA & B is amended as follows:
A. The term shall be extended for 2 years, commencing June 7, 2013 , and
expiring June 6 2015, unless terminated sooner by the stated provisions.
B . All notices to Tenant shall be in writing to:
Robyn Sutc iff
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3 . Except as modified herein, all terms and conditions of the previous
Concession-Lease Agreement, Commercial Sublease Agreement and Assignment of a
Concession Lease Agreement For The Sale of Ice Cream and Related Products, Hot
Dogs, Brats, and other Sausage Products, and Beverages with the Exception of Coffee
and Coffee Related Products In The United City of Yorkville 's Building At 131 East
Hydraulic Avenue Units A & B 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
/1 / / , 1 (A dd?A &UJ
By : _ aura Schraw, Interim Director of Parks
and Recreation
TENANT
C�
By : e6bo Sutcliff doing business as
Whitewater Ice Cream