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Home My WebLink AboutR-24-49VILLAGE OF DEERFIELD RESOLUTION NO.2024- R-24-49 A RESOLUTION APPROVING A SECOND AMENDMENT TO THE RESIDENTIAL LEASE AGREEMENT WITH LAURA SIMO FOR THE PREMISES AT 1219 CARLISLE PLACE WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the Village is the owner of the properly commonly known as 1219 Carlisle Place, Deerfield Illinois ("Property'); and WHEREAS, on June 22, 2021, the Village and Laura Simo ("Tenant') entered into a Residential Lease Agreement ("Agreement') wherein the Village leased the Property to the Tenant for a term commencing July 1, 2021 and ending June 30, 2022; and WHEREAS, the Village and Tenant previously amended the Agreement by entering in an addendum to extend the term of the Agreement through June 30, 2024 ("First Amendment'); and WHEREAS, the Village and Tenant desire to further amend the Agreement pursuant to the terms of the Second Amendment attached to, and made part of, this Resolution as Exhibit A ("Second Amendment') to: (i) extend the term of the Agreement for an additional three years; and (ii) amend other sections of the Agreement including payment and termination provisions; and WHEREAS, the Village Board has determined that entering into the Second Amendment with Tenant will serve and be in the best interests of the Village and its residents; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF SECOND AMENDMENT. The Village Board hereby approves the Second Amendment in substantially the same form as attached to this Resolution as Exhibit A and in a final form approved by the Village Attorney. SECTION 3: AUTHORIZATION TO EXECUTE SECOND AMENDMENT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the Second Amendment. If the executed copy of the final Second Amendment is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Mayor and Board of Trustees, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval by a majority of the members of the Board of Trustees. AYES: Benton, Berg, Goldstone, Jacoby, Metts-Childers, Oppenheim NAYS: None ABSTAIN: None ABSENT: None PASSED: July 1, 2024 APPROVED: July 1, 2024 RESOLUTION NO: R-24-49 Da C. Shapiro, Mayor ATTEST: 5. KenA S. Street, Villade Clerk 4865-1758-5612, v. 1 EXHIBIT A SECOND AMENDMENT 4865-1758-5612, v. 1 SECOND AMENDMENT TO THE RESIDENTIAL LEASE AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND LAURA SIMO FOR THE PREMISES AT 1219 CARLISLE PLACE THIS IS A SECOND AMENDMENT ("Second Amendment'), dated as of ' , 2024 ("Effective Date', to that certain Lease Agreement commencing July 1, 2021 ("Original Lease") by and between the VILLAGE OF DEERFIELD, an Illinois municipal corporation ("Village" or "Landlord'), and LAURA SIMO ("Tenant's (each a "Party" and collectively, the "Parties'). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Second Amendment, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: SECTION 1. RECITALS. A. The Village owns the property commonly known as 1219 Carlisle Place in the Village of Deerfield ("Property's. B. The Village and Tenant previously amended the Original Lease by entering into an addendum to extend the term of the Original Lease ("FirstAmendment'�. C. The Village and Tenant desire to further amend the Original Lease to extend the term for three additional years by entering into this Second Amendment. SECTION 2. DEFINITIONS• RULES OF CONSTRUCTION. A. Definitions. All capitalized words and phrases used throughout this Second Amendment have the meanings set forth in the various provisions of this Second Amendment. If a word or phrase is not specifically defined in this Second Amendment, it has the same meaning as in the Original Lease. B. Rules of Construction. Except as specifically provided in this Second Amendment, all terms, provisions and requirements contained in the Original Lease remain unchanged and in full force and effect. In the event of a conflict between the text of the Original Lease and the text of this Second Amendment, the text of this Second Amendment controls. SECTION 3. AMENDMENTS. A. Paragraph 3 of the Original Lease is amended in its entirety to read as follows: 3. LEASE TERM: This Lease shall begin at 12:00 a.m. on July 1, 2021 and extend to 11:59 p.m. on June 30, 2027. Any renewal or extension of this Lease must be mutually agreed upon in writing by Landlord and Tenant not less than 90 days prior to the termination date of this Lease. B. Paragraph 4 of the Original Lease is amended to add the following: Annually on each anniversary date of the lease, rent prices charged by Landlord to Tenant shall be increased based on the increase in the Consumer Price Index (CPI - I) for Chicago -Naperville -Elgin — All Items, for the previous twelve (12) month period, however the adjustment made pursuant to this section shall not be greater than 3.5%. The May CPI will be used annually for this determination. For notification and verification purposes, the Landlord shall notify the Tenant in 4894-9488-5580, v. 1 writing by June 15 of the annual increase and revised rates, as calculated pursuant to this section. C. Paragraph 25 of the Original Lease is amended to add the following: In the event the Premises, building or any part thereof shall become uninhabitable as a result of fire, explosion or other casualty which is not due to Tenant's negligence or misuse, Landlord and Tenant shall each have the right to terminate this Lease upon providing 10 days written notice to the other Party. D. Paragraph 33 of the Original Lease is amended in its entirety to read as follows: 33. ATTORNEY FEES: In the event Landlord is the prevailing party in a legal proceeding to enforce the covenants of this Lease, Tenant shall pay Landlord's reasonable attorney's fees and costs incurred in such an action. SECTION 4. REPRESENTATIONS. A. By the Village. The Village hereby represents and warrants that: (1) the persons executing this Second Amendment on its behalf have been properly authorized to do so by the Corporate Authorities; (2) it has full power and authority to execute and deliver this Second Amendment and to perform all of its obligations imposed pursuant to this Second Amendment; and (3) this Second Amendment constitutes a legal, valid and binding obligation of the Village enforceable in accordance with its terms. B. Bv Tenant. Tenant hereby represents and warrants that: (1) it has full power and authority to execute and deliver this Second Amendment and to perform all of its obligations imposed pursuant to this Second Amendment; and (2) this Second Amendment constitutes a legal, valid and binding obligation of the Tenant enforceable in accordance with its terms. [SIGNATURE PAGE FOLLOWS] 4894-9488-5580, v. 1 2 IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date first above written. VILLAGE OF DEERFIELD By: Its: Village Manager LAURA SI..1 O Y� CJ Laura Simo, Tenant 4894-9488-5580, v. 1