HomeMy WebLinkAbout23-230 Resolution No. 23-230
RESOLUTION
AUTHORIZING EXECUTION OF AN ASSIGNMENT AND AMENDMENT TO
RESTAURANT LEASE AND SERVICES AGREEMENT WITH PORTER'S PUB PAYROLL
PPP, LLC AND CRANE GOLF, INC. FOR RESTAURANT AND RELATED SERVICES
OPERATIONS AT BOWES CREEK COUNTRY CLUB
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Assignment and Amendment to Restaurant Lease and Services
Agreement on behalf of the City of Elgin with Porter's Pub Payroll PPP, LLC and Crane Golf,
Inc., for restaurant and related services operations at the Bowes Creek Country Club, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 6, 2023
Adopted: December 6, 2023
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
ASSIGNMENT AND AMENDMENT TO RESTAURANT
LEASE AND SERVICES AGREEMENT
THIS ASSIGNMENT AND AMENDMENT AGREEMENT TO A RESTAURANT
LEASE AND SERVICES AGREEMENT(hereinafter referred to as the"Assignment Agreement")
is made and entered into this 6th day of December, 2023, by and between the City of Elgin, an
Illinois municipal corporation (hereinafter referred to as the "Lessor"), Porter's Pub Payroll PPP,
LLC,an Illinois limited liability corporation(hereinafter referred to as"Porter's Pub Payroll PPP")
and Crane Golf, Inc.,an Illinois corporation(hereinafter referred to as"Crane Golf').
WHEREAS, the City as Lessor and Porter's Pub Payroll PPP as Lessee have previously
entered into a Restaurant Lease and Services Agreement dated December 4, 2019, wherein the
City as Lessor leased to Porter's Pub Payroll PPP as Lessee the premises described therein
consisting of certain premises located at the City-owned Bowes Creek Country Club, 1250 Bowes
Creek Boulevard, Elgin, Kane County, Illinois, 60124 (hereinafter referred to as the "Subject
Lease"and the "Premises");and
WHEREAS, the parties hereto wish to provide for the assignment of the Subject Lease
from Porter's Pub Payroll PPP to Crane Golf and the amendment of certain provisions within the
Subject Lease as hereinafter provided.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein,and the mutual promises and covenants contained in the Subject Lease,and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledge,the
parties hereto agree as follows:
1. That Porter's Pub Payroll PPP hereby assigns all of its rights and obligations as Lessee in
and to the Subject Lease to Crane Golf.
2. That Crane Golf hereby accepts the assignment of Porter's Pub Payroll PPP of all of
Porter's Pub Payroll PPP's rights and obligations as Lessee in and to the Subject Lease.
3. That the City as Lessor hereby consents to the assignment of all of the rights and obligations
of the Lessee in and to the Subject Lease from Porter's Pub Payroll PPP to Crane Golf.
4. That the City, Porter's Pub Payroll PPP and Crane Golf hereby further agree to the
following amendments to the Subject Lease:
a. That Section 1 of the Subject Lease entitled"Basic Lease Provisions"be and is hereby
amended by amending the Lessee's name and address to read: Crane Golf,Inc., 5N259
Wilton Croft Road, St. Charles, Illinois 60175.
b. That Section 3 of the Subject Lease entitled "Rent" be and is hereby amended by
amending subsection 3.1(iii) thereof entitled "Additional Rent" by amending the
amount of One Million Two Hundred Thousand Dollars($1,200,000)provided therein
to One Million One Hundred Thousand Dollars ($1,100,000) and by amending the
amount of One Million Five Hundred Thousand Dollars($1,500,000)provided therein
to the amount of One Million Three Hundred Fifty Thousand Dollars($1,350,000).
c. That Section 11 of the Subject Lease entitled "Maintenance and Repair of Premises"
be and is hereby amended by adding a new subsection 11.8 thereto to read as follows:
"11.8 Lessee shall pay to the Lessor the annual amount of Ten Thousand Dollars
($10,000) for Lessor performing custodial and cleaning services for the restrooms in
the Premises and for the restrooms in the Turn Stand. Such annual payment by the
Lessee to the Lessor of Ten Thousand Dollars ($10,000) shall be made by the Lessee
to Lessor in four(4) installments each year of Twenty-Five Hundred Dollars ($2,500)
in the months of January,April,July and October."
d. That Section 12 of the Subject Lease entitled "Use of Golf Course" be and is hereby
amended by amending the second sentence thereof to read as follows: "Lessor shall be
entitled to a food allowance or house account in the amount of Twenty-Five Hundred
Dollars ($2,500) annually to be used with the approval of the Director of Golf
Operations and at the Director of Golf Operations' discretion to promote the City's
business and affairs."
e. That Section 20 of the Subject Lease entitled"Compliance"be and is hereby amended
by amending subsection 20.3 thereof to read as follows:
"20.3 Lessee shall pay on or before the respective due dates, to the appropriate
collecting authority,all real estate taxes,special assessments and leasehold taxes,which
now or may hereinafter be levied, charged and/or assessed upon the Premises, the
improvements and/or the leasehold of the Premises. Nothing in this section shall be
deemed to limit any of Lessee's rights to appeal any such levies or assessments in
accordance with the rules, regulations, laws, statutes, or ordinances governing the
appeal process of the taxing authority making such levies or assessments."
5. This Assignment Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. This Assignment
Agreement may be executed electronically, and any signed copy of this Assignment
Agreement transmitted by facsimile machine, email, or other electronic means shall be
treated in all manners and respects as an original document. The signature of any party on
a copy of this Assignment Agreement transmitted by facsimile machine, email, or other
electronic means shall be considered for these purposes an original signature and shall have
the same legal effect as an original signature.
6. That as except as specifically amended herein,the Subject Lease shall remain in full force
and effect.
7. In the event of any conflict between the terms of this Assignment Agreement,the terms of
the Subject Lease,the terms of this Assignment Agreement shall supersede and control.
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8. Disclosure. In compliance with 50 ILCS 105/3.1,prior to the execution of this Assignment
Agreement by the City of Elgin, Crane Golf, Inc. shall provide the City of Elgin with a
written disclosure providing the identity of the person or entity proposing to lease the City
property which is the subject of this Assignment Agreement and the identity of every owner
and beneficiary having or proposed to have any interest as a Lessee,real or personal, in the
property which is the subject of this Assignment Agreement, and every member,
shareholder, limited partner, or general partner entitled to receive more than 7.5% of the
total distributable income of any limited liability company, corporation, or limited
partnership having any interest, real or personal, in such property. Such disclosure shall be
in writing in the form as set forth in Attachment A hereto and shall be subscribed by a
member, an owner, authorized trustee, corporate official, general partner, or managing
agent, or his or her authorized attorney, under oath. If the interest, stock, or shares in a
limited liability company, corporation, or general partnership is publicly traded and there
is no readily known individual having greater than a 7.5% interest, then a statement to that
affect, subscribed to under oath by a member,officer of the corporation,general partner, or
managing agent, or his or her authorized attorney, shall fulfil the disclosure statement
required by this section.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Assignment Agreement effective as of the date and year first written above.
PORTER'S PUB PAYROLL PPP LLC CITY OF GIN
By: By: lee,64
David J. aptain, ayor
Its:
Attest:
/////1 //// ( 7/‘af/S
City Clerk
CRANE GOLF, INC.
By:
Its: C-OX
Legal Dept\Agreement\Assignment Amend Agr-Porter's Pub to Crane Golf-1250 Bowes Creek-11-29-23.docx
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8. Disclosure. In compliance with 50 ILCS 105/3.1,prior to the execution of this Assignment
Agreement by the City of Elgin, Crane Golf, Inc. shall provide the City of Elgin with a
written disclosure providing the identity of the person or entity proposing to lease the City
property which is the subject of this Assignment Agreement and the identity of every owner
and beneficiary having or proposed to have any interest as a Lessee,real or personal,in the
property which is the subject of this Assignment Agreement, and every member,
shareholder, limited partner, or general partner entitled to receive more than 7.5% of the
total distributable income of any limited liability company, corporation, or limited
partnership having any interest,real or personal,in such property. Such disclosure shall be
in writing in the form as set forth in Attachment A hereto and shall be subscribed by a
member, an owner, authorized trustee, corporate official, general partner, or managing
agent, or his or her authorized attorney, under oath. If the interest, stock, or shares in a
limited liability company, corporation, or general partnership is publicly traded and there
is no readily known individual having greater than a 7.5%interest,then a statement to that
affect,subscribed to under oath by a member,officer of the corporation,general partner,or
managing agent, or his or her authorized attorney, shall fulfil the disclosure statement
required by this section.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Assignment Agreement effective as of the date and year first written above.
PORTER'S PU PAYRO 1 PP LLC CITY OF ELGIN
By: By:
David J. Kaptain, Mayor
Its: ` AIAW4.41/,-)e f4k Pt /3 c/L
;a/5-43 Attest:
City Clerk
CRANE GOLF, INC.
By:
Its:
Legal DeptkAgreement\Assignment Amend Agr-Porter's Pub to Crane Golf-1250 Bowes Creek-11-29-23.docx
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ATTACHMENT A
AFFIDAVIT FOR TE ANT
-N----
I, — e (5( 1\Jname), J< lJvly (title),being
first duly swo�upon oath states as follows:
Affiant has personal knowledge of the facts stated herein.
Per 50 ILCS105/3.1,the identities of all owners and beneficiaries having an interest(or proposing
to have an interest as a tenant) in the real property commonly known as
to be conveyed/used are as follows (check applicable box(es)
and complete information requested):
❑ Individual. Individual tenant/user of the property is:
❑ Nonprofit Organization. Nonprofit organization tenant/user of the property is
. There is no individual or other organization receiving
distributable income from the organization.
❑ Public Organization, including units of local government. Public organization tenant/user
of the property is . There is no individual or other
organization receiving distributable income from the organization.
❑ Publicly-Traded Corporation. Publicly-traded corporation tenant/user of the property is
. There is no readily known
shareholder entitled to receive more than 7-1/2% interest in the total distribution income
of the corporation.
Corporation, Partnership, Limited Liability Company. Corporation, partnership, limited
liability company tenant/user of the property is
. Those entitled to receive more than 7-1/2%
of the total distributable income of said entity are as follows:
*1 Name d 5ciAddYess
, „tau 647--
2.3. C �( c-u /6'g( L
�l 75
4.
❑ Land Trust or Declaration of Trust. Land trust or declaration of trust tenant/user of the
property is . The identity of each beneficiary of
Grantor Trust is as follows:
4
Name Address % of
* . (o 0 l Lia' G4)_t_
Znte.-:ess,t®
3: `s 2. � � '�la '
4. 62) 7 c
*IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER
CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN
FURTHER DISCLOSURES SHOULD BE PROVIDED UNTIL THE NAMES OF
INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE DISCLOSED.
Dated this da of 4 V (`' A LC , 20 .
By:
Si ure
Ce5 to male D1ttON
Print Name and Title if app(. oe
cable
State of Illinois )
) SS
County of ENV )
This instrument was acknowledged before me on Nbuaggft so , 20 , by
DW arfieg (,cv
(SEAL) Official Seal
DULCE CARRILLO MARTINEZ
\ Notary Public,State of Illinois
�\\� Commission No.972499
Notary P •li ( My Commission Expires May 31,2027 0
My Commission Expires: WO 3) .2071
NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON
BEHALF OF THE TENANT/USERS OF THE PROPERTY BY A MEMBER,AN
OWNER, AUTHORIZED TRUSTEE, CORPORATE OFFICIAL, GENERAL
PARTNER, OR MANAGING AGENT, OR HIS OR HER ATTORNEY
Legal Dept\Agreement\Affidavit-Tenant-6-8-23.docx
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