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Resolution 2017-29 Resolution No.2017-_4 A RESOLUTION APPROVING A LICENSE EXTENSION AGREEMENT WITH GINGER AND SOUL,INC. (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 License Agreement with Ginger and Soul, Inc. ("Tenant") for Unit C of 131 East Hydraulic Avenue which contained an option to extend by mutual consent; and, WHEREAS, Tenant has requested to extend the License pursuant to the License 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 September 30,2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville, Kendall County,Illinois,as follows: Section 1: That the License Extension Agreement, attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and Tim Evans, 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 U 'ted City of Yorkville,Kendall County,Illinois this day of S ,2017. 4Z CITY CLERK Resolution No.2017- Page 1 CARLO COLOSIMO Y KEN KOCH JACKIE MILSCHEWSKI y ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS ALEX HERNANDEZ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this da day of -AVC u5 12017. -,444 /'�AMYOR Resolution No.2017- a-1 Page 2 Second License Extension Agreement (131 E.Hydraulic Avenue,Unit Q This Second License Extension Agreement is made and entered into this as day of 2017, by and between the United City of Yorkville, an Illinois municipal corporation ("City") and Ginger and Soul, Inc., an Illinois corporation, doing business as Ginger and Soul Catering and Events("Tenant"). Witnesseth: Whereas,the City entered into a License Agreement with Tenant on MAY j 2015 by Ordinance No. 2015-17 to operate its catering and cooking business on the premises owned by the City at Riverfront Park, 131 East Hydraulic Avenue, Unit C, in the City; and Whereas, the City and Tennant extended the License Agreement pursuant to the License Extension Agreement dated S t Pr• 13 ,2016 for a term of one(1)year beginning on October 1,2016. Whereas, the City and Tenant have decided that it is in their mutual interests to extend the license for an additional two (2) year term beginning at the termination of the existing term on September 30,2017. Now, therefore, in consideration of the covenants and agreements contained in this Second License Extension Agreement,the City and Tenant agree as follows; 1. The License Agreement, as amended, for the premise is incorporated by reference and made a part of this Second License Extension Agreement as though set forth in full. 2. Anything contained in the License Agreement to the contrary notwithstanding, the License Agreement is hereby ft`rtther amended as follows: The term shall be extended for two (2) years, commencing October 1, 2017, and expiring September 30,2019,unless terminated sooner. 3. Except as modified herein, all terms and conditions of the License Agreement, shall remain in full force and effect for the term of this Second License Extension Agreement,as originally set forth. In Witness Whereof, the City and Tenant have executed this Second License Extension Agreement on the day and year first written above. 1 CITY United City o 'lle By: Tim Evans, irec or of Parks and Recreation TENANT Ginger and Soul,Inc. ZKate Conover,President cNamara., S�-- Presadem4 2