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R-12-98 02/23/98VILLAGE OF LEMONT RESOLUTION NO. R- p -' DATE °Z -a3 -62y GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION OF FACADE PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 885, the Downtown Facade Improvement Grant and Low Interest Loan Programs, to provide incentives for building reinvestment within the Village of Lemont's Tax Increment Financing District; and WHEREAS, in accordance with the Downtown Facade Improvement Grant, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, George & Alice Lange, as the property owner for the property known as 219 Main Street, has completed the Downtown Facade Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 219 Main Street application for compliance with the Downtown Facade Improvement Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Facade Grant Agreement attached for 219 Main Street in accordance with the terms of the Downtown Facade Improvement guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this 2L3 day of A.a , 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this ?3day of Attest: AYES NAYS PASSED ABSENT ✓1 NE SMOLLEN, Village Clerk , 1998. dh<L'(-ee- C ARLENE SMOLLEN, Villa g a Clerk ASNE KI, Vi ag esident Applicant Name: File Number: VILLAGE OF LEMONT FACADE IMPROVEMENT GRANT PROGRAM APPLICATION Project Address(es): ells l`•&04tSE . 1-L LoLal Building Owner: GUpIZGE 4- KULC L -001GE Year Purchased: 1� Store /Company Name: LP.!.tC,,E Lc L Name of Tenant: 1■➢ Lease Expiration Date: k iL a i °t k Applicant Name: C kkGcL. i- k Li Q LkviCE Applicant Business Address: 'an N( tJ Applicant Business Phone: .ci Home Phone: &l.-%.6M- ksa Applicant(s): Building Owner: 'V4. 14,S Tenant: I okik4. / k.Ki t9 11\ Number of Store Fronts: plug Total Anticipated Budget: $ a14(oO .© 0 Total Anticipated Grant Request: $ o0 De cription of Proposed Improvements:* (fie 2.oN ®S k (1Z-NM Rol moat e v t Letts G * Attach elevations of proposed improvements (if available) S39141 \ ..�. Jy v - » » , *2 « «x, _f _a_ pi* g | uoop@ PUnOJ! �OO@ ■ Applicant Name: File Number: BUDGET (anticipated) Total Anticipated Grant Request: $ .60 Architect for the Project: Name: Address: Phone: Contractor for the Project: Name: Address: Phone: 137 Application will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. ACTIVITY ESTIMATED COST CMPR \(Z 1 k- -P cE ALL W0ot A atic(oQ.O.0 O kbt.S OF tko\l_,WC9- Total Anticipated Grant Request: $ .60 Architect for the Project: Name: Address: Phone: Contractor for the Project: Name: Address: Phone: 137 Application will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. I PRODUCT 118 proposal Page No. of Pages JAY ERIKSEN AND COMPANY 40 Custer LEMONT, ILLINOIS 60439 (630) 243-0695 PROPOSAL SUBMITTED TO George an.Ci Alice Lange PHONE 815 -838 -5158 DATE Nov. 25,1997 STREET 219 Main Street JOB NAME Langes Woodland Flowers CITY, STATE and ZIP CODE Lemont, I1. 60439 JOB LOCATION same ARCHITECT DATE OF PLANS JOB PHONE 630 -257 -5065 We hereby submit specifications and estimates for: removal of exterior wood trim around front windows and doors, and replacement of any sub- structure members that are rotted. The replacement trim pieces will be cedar, and the lower panels will be fir plywood. c Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: two thousand four hundred and sixty dollars Payment to be made as follows: to be arranged and no /100 dollars ($ 2460.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration cr deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. ., Our workers are fully covered by Workman's Compensation Insurance. \/ Arrrptaucr of Proposal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Authorized Signature Note: Tl s proposal ay be withdrawn by us if/tot accepte. 'thin 60 days ■ Signature Signature Applicant Name: File Number: I, GCp(ZGE kU..tCE k_fi,,0 GE, hereby make application to the Village of Lemont for a Facade Improvement Grant Program in the anticipated amount of $ 1a. -o . oo . I understand that my application must be approved by the Village and that it must conform to established design guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Facade Improvements Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, permit, and agreement provisions. • - Applicant ignature� 4( (` 9 8 Date Building �'wner Date Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (630) 257 -6440. VILLAGE OF LEMONT FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT THIS AGREEMENT, entered into this day of , 19 , between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: Owner's/Lessee's Name: C E G E UNk.s GE Address: ,. kg t".k,\ City: t■&.otsrt State: L_ _ Zip Code: 4Qaq Name of Business: L -#.1.3 GC S tk.S6c1L l-115.4) LALC k. Project Address(es)�� 1\q-1 5 \.-� WITNESSETH Whereas, the VILLAGE has established a Facade Improvement Grant Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Facade Improvement Grant Program is administered by the VILLAGE and is funded from District Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the District, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Facade Improvements to commercial establishments within the District up to a maximum of one -half (1/2) of the approved contract cost of such improvement but in no event shall the total Village participation exceed Ten Thousand Dollars ($10,000.00) for construction and architectural cost. Architectural fees shall be limited to a One Thousand Dollars ($1,000.00) reimbursement; and Whereas, the OWNER's/LESSEE's property is located within the Tax Increment Financing District/Downtown, a designated rehabilitation area, and the OWNER/LESSEE desires to participate in the Facade Improvement Grant Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: 2 SECTION 1: COST SHARING - The VILLAGE shall share in the facade improvement cost and architect fee cost for the OWNER's/LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Ten Thousand Dollars ($10,000.00) for construction and architectural cost. Architectural reimbursement shall be One Thousand Dollars ($1,000.00) . The actual amount per this agreement shall not exceed $ a.k for construction cost and $ °--' for architect fees. The facade improvement /historic preservation costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV. SECTION 2: DESIGN APPROVAL - No facade improvement or historic preservation work shall be undertaken until the design therefore has been submitted to and approved by the Building Department. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the facade improvement and historic preservation pursuant to this Agreement. Such inspections shall not replace any 3 required permit inspection by Village Inspectors. All work which is not in conformance with the approved drawings and specifications shall be immediately remedied by the OWNER/LESSEE and deficient or improper work shall be replaced and made to comply with the approved drawings, specifications, and terms of this Agreement. SECTION 4: DOCUMENTATION REQUIREMENTS - Upon completion of the facade improvement/historic preservation and upon its final inspection and approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed and notarized contractor statement and architect fee statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials, or equipment in the work. In addition, the OWNER/LESSEE shall submit to the VILLAGE proof of payment of the contract cost pursuant to the contractor's and architect's statements. The VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof of payment issue a check to the OWNER/LESSEE in payment of: one -half of the approved cost or Ten Thousand Dollars ($10,000.00) whichever is less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this Agreement or in the contractor's or architect's statements. At the time of reimbursement and throughout the term of this agreement, the land use and signage under the control of the OWNER/LESSEE shall be in conformance with zoning and sign code provisions. 4 SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the facade improvement/historic preservation work provided for herein in conformity with the plans, specifications and all terms of this Agreement, the Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. SECTION 6: FILING OF LIEN/MAINTENANCE OF IMPROVEMENT - Upon completion of the facade improvement work pursuant to this Agreement and for a period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly maintaining such facade improvement /historic preservation in its finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not enter into any Agreement or contract or take any other steps to alter, change or remove such facade, or the approved design thereof, nor shall OWNER/LESSEE undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Economic Development Coordinator, and any additional review body or commission for approval; which approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the facade as specified in the drawings and plans approved pursuant to this Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed prior to the final payout of the program reimbursement. 5 SECTION 7: UNRELATED IMPROVEMENTS - Nothing herein is intended to limit, restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the subject premises which is unrelated to the facade improvement provided for in this Agreement. SECTION 8: AGREEMENT APPLICABLE TO FUTURE OWNERS - This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its successors, to said property for a period of three (3) years from and after the date of completion and approval of the facade improvement provided for herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of Section 6 of this Agreement. SECTION 9: MAXIMUM GRANT AWARDS - Nothing in this Agreement shall prohibit a business or property owner from applying for more than one Grant. However, a Ten Thousand Dollar ($10,000.00) total limitation shall apply to all Sign Grants, Facade Grants or Interest Rate Program Awards made to a single building and/or lot within any three (3) year period. For the purpose of calculating the three (3) year period, the date of the last Village payment shall be considered the start of the three (3) year period. 6 SECTION 10: VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION - The owners of the subject property agree to defend and hold harmless the Village from any and all claims which may arise out of said owners' construction activities under this Agreement. SECTION 11: GENERAL INDEMNIFICATION - In the event that, as a result of this Agreement, or actions taken as required hereunder, the Village is made a party defendant in any litigation arising by reason of this Agreement, and development activities contemplated hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees, officers and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the owners hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the Village and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the owners where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represent the Village and its officers and agents in such litigation, subject to the approval of the corporate authorities of the Village, which approval shall not be unreasonably withheld. The owners shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the Village or its officers or agents in this respect, and the Village shall join in any such appeal taken by the owners. 7 SECTION 12: PERFORMANCE OF AGREEMENT - It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the owners shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the Village for any breach of any of the terms of this Agreement. The Village reserves the right to maintain an action to recover damages or any sums which owners have agreed to pay pursuant to this Agreement and which have become due and remained unpaid. SECTION 13: EXHIBITS - It is agreed that Exhibits I through VII shall be considered part of this agreement. SECTION 14: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL - All program participants shall be required to prominently display a poster identifying the property as receiving Village funding. The sign will be provided by the Village and shall be displayed from the date the Application is approved, to no less than thirty (30) days after final approval and reimbursement is made. 8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS/LESSEE Program'articipan DATE: 4_ , (1 R g Property wner DATE: r. 4( (998 Form Rev.5 /96 9 AGE OF LEMONT e President DATE: cg-/? 3/5'i ATTEST: DATE: Village Clerk EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV RENOVATION PLANS EXHIBIT V CONTRACTOR'S AGREEMENT EXHIBIT VI ARCHITECT'S AGREEMENT EXHIBIT VII SAMPLE LIEN I IN j The Lemont National Bank 2 and Trust Company mummumm Lemont, Illinois 60439 (708) 257-2241 Member FDIC RELEASE DEED KNOW ALL MEN BY THESE PRESENTS, that THE LEMONT NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America with its principal office in the Village of Lemont, County of Cook, and State of Illinois, for and in consideration of the sum of one dollar, and for other good and valuable consideration, receipt whereof is hereby acknowledged, does hereby remise, convey, release, and quit -claim unto: George R. Lange and Alice J. Lange, his wife of the County of Cook and State of Illinois all the right, title, interest, claim or demand whatsoever it may have acquired in, through or by a certain Mortgage dated duly _20 , 1 I) 19_91__, and recorded in the Recorders office of Cook County, in the State of Illinois as Document No.... -_91372085 , to the premises therein described, situated in the County of ________Cook_ _.____. -_. __ and State of Illinois as follows, to wit: Lot 8 in Brown Trustees Resubdivision of Lots 1 to 13 of that part of Block 10, Lying South of Chicago and Alton Railroad in Lemont, a Subdivision of Section 20, Township 37 North, Range 11, Fast of the Third Principal Meridian, According to the Plat thereof recorded June 1, 1908 as Document 4212695, in Cook County, Illinois. Permanent Index No. — 27 -20- 308 -010 Which has the address of _.._219 Main Street Lemont,._Illinois-._- _60439 Together with all the appurtenances and privileges thereunto belonging or appertaining. IN WITNESS WHEREOF, said Lemont National Bank has caused these presents to be executed by its Senior Vice President and its corporate seal to be hereto affixed, attested by its Secretary, This 11th day of March , A. D. 19_94-. Attest: THE LEMONT NATIONAL BANK Senior Vice President STATE OF ILLINOIS) S County of Wage ) 1 TITLE Executive Vice President SECRETARY I, Patricia L. Fetzer a Notary Public in and for said County, in the State afore- said, do hereby certify that _Richards Meadp who is the _SeniorAticeresident of The Lemont National Bank, a national banking association, and John R. Benik , who is the Secretary of said Bank, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own Fenn n„rl ,.r,l,,,,Fn•■• •nf nnrl n fl,n Fenn nnri vnli,nfnr,, Hint of girl Boni, fnr tl,n hone 9n/1 nt,rnnena tl,n•nin enf fnrfh . r -cRE LEASE ;REPLACES FORMS 9 & 9 -8) i.1ESS Y DATE OF LEASE No. 9 FEBRUARY. 1986 STORE LEASE CAUTION: Consult a lawyer before using or acting under this Iorm. Neither the publisher nor the seller of this form maces any warranty with respect thereto. including any warranty of merchantability or htnoss fora particular purpose. TERM OF LEASE MONTHLY RENT BEGINNING GEORGE E. COLE. LEGAL FORMS April 15, 1994 I April 15, 1994 Location of Premises: 219 i LAIN STREET, LEMONT, ILLINOIS 50439 Purpose: The operation of a floral shop and no other LESSEE • LANGE'S WOODLAND FLOWERS, INC. 219 Main Street Lc'-'`4ONT, ILLINOIS 50439 • ENDING April 14, 1999 purpose. NAME ADDRESS CITY LESSOR HUNDRED AND NO /100THS ($600.00) DOLLARS • GEORGE R. LANGE & ALICE J. LANGE . 16727 :'TEST 138TH STREET LOCKPORT, TT.T,INOIS 60441 In consideration of the mutual covenants and agreements herein stated, Lessor hereby, leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises "), together with the appur- tenances thereto, for the above Terni. RENT WATER, ;SAS AND ELECTRIC CHARGES ...BLETTING; SSIGNMENT ESSEE NOT 1O NIISUSE 2ONDITION ON 'OSSESSION [;PAIRS AND MAINTE- NANCE 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthl. in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. 2. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted, and in case said water rents and bills for gas, electric light and power shall not be paid when due, Lessor shall have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter. 3. The Premises shall not be sublet in whole or in part to any person other than Lessee, and Lessee shall not assign this lease without, in each case, the consent in writin; of Lessor first had and obtained; nor permit to take place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created hereby; nor offer for lease or sublease the Premises, nor any portion thereof, by placing notices or signs of "To Let," or any other similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the consent in writing of Lessor first had and obtained. I be more than one, shall make an assignment for the benefit of creditors • .'•.ge a bankrupt, Lessor may terminate this lease, and in such ev • a once pay Lessor a sum of money equal to the entire amount . y t its lease for the then unexpired portion of the term hereby created, 4. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent. to be committed or carried on in the Premises by himself or by any other person. Lessee will not a11ov' the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any pur- pose other than that hcrcinbeforc specified. Lessee will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any flammable fluids or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load rating pre- scribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of•thc building of which they are a part. 5. Lessee has examined and knows the condition of the Premises and has received the same in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Lessor or his agent prior to or at the execution of this lease that arc not herein expressed. 6. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public oflicers thereunto duly authorized, all at his own expense, and shall yield the same back to Lessor upon the termination of this lease, whether such termination shall occur by expiration of the tern, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of the execution hereof, loss by fire and reasonable wear and tear *excepted. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at his own expense. If, however, the Premises shall not thus be kept in good repair and in a clean, sightly and healthy condition by Lessee_ as aforesaid 1 _essnr rnav enter the snrn• himself nr by hie o ,ante eAr.rn.,rr ,.r /. RESTRiC- TiONS (SIGNS, ALTER- ATIONS, FIXTURES) FIRE AND CASUALTY TER +1zZC7 s*i'ii1N4- TION, EWER LESSOR'S 11-1444;144-FA building of which they are a part nor from the escape of steam or hot water from any radiator, it being agree that said radiators are under the control of Lessee, nor for any such damage or injury occasionec+ by Ovate' snow or ice being upon or coming through the roof, skylight, trap -door, stairs, walks or any other place upc or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the failing of an fixture, plaster or stucco, nor for any damage or injury arising from any act, omission or negligence c co- tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or c. owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any suc' damage or injury being hereby expressly waived by Lessee. 9. Lessee shall not attach, affix or exhibit or permit to be attached, affixed or exhibited, except L Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writin or printing thereon, to any window, floor, ceiling, door or wall in any place in or about the Premises, or upc any of the appurtenances'thercto, without in each case the written consent of Lessor first had and obtain::: and shall not commit or-suffer any waste in or about said premises; and shall make no changes or alteratio: in the Premises by the erection of partitions or the papering of walls, or otherwise, without the consent writing of Lessor; and in case Lessee shall affixadditional locks or bolts on doors or window, or shall pia. in the Premises lighting fixtures or any fixtures of any kind, without the consent of Lessor first had a: obtained, such locks, bolts and fixtures shall remain for the benefit of Lessor, and without expense of rerno . or maintenance to Lessor. Lessor shall have the privilege of retaining the same if he desires. If he does r. desire to retain the same, he may remove and store the same, and Lessee agrees to pay the expense removal and storage thereof. "i'he previsions of this paragraph shall not however apply to Lessee's trac fixtures, equipment and moveable furniture. The walk -in cooler may not be removed wit�:o Lessor's a..rov of heat, from October 1st to May 1st, whenever in Lessor's judgment necessary for con use of t: Premises, during customary business hours (excluding Sundays and holiday • .. not earlier than 8 a.:: nor later than 6 p.m. unless specifically stated herein. Lessor d• • warrant that heating service will free from interruptions caused by strike, accident • r cause beyond the reasonable control of Lessc. or by renewal or repair of the heating ,. us in the building. Any such interruption shall not be deem, an eviction or disturbanc° see 's use and possession of Premises, nor render Lessor liable to Lessee damages. Al against Lessor for injury or damage arising from failure to furnish heat are hcrei T 11. In case the Premises shall he rendered untenantable by fire, explosion or other casualty, Less may, at his option, terminate this lease or repair the Premises within sixty days. If Lessor does not reps the Premises within said time, or the building containing the Premises shall have been wholly destroyed, t';- term hereby created shall cease and determine. 1-2. A -t--t,hc termination of the term f this lease, by lapse f time or otherwise, Lessee will yield • immediate possession of the Premises to Lessor, in good condition and repair, loss by fire and ordin< excepted, and will return the keys therefor to Lessor at the place of payment of rent. If Le session of the ('remises or any part thereof after the termination of the term by la. then Lessor may at its option within thirty days after termination of the Lessee that such holding over constitutes either (a) renewal of this le thereafter, at double the rental (computed on an annual ba . month to month tenancy, upon the terms of this I Section 1, or (c) creation of a tenancy at su for the time Lessee remains in posses with rental as stated at (c ) sh Lessor resulting from tuts a waiver h other t retains pc time or otherwiy serve written notice up or one year, and from year to ye pecified in Section I, or (b) creation of except at double the monthly rental specified ce, at a rental of_ _______ dollars per d: f no such written notice is served then a tenancy at sufferan_ ve been created. Lessee shall also pay to Lessor all damages sustained I on of possession by Lessee. The provisions of this paragraph shall not cons ssor of any right of re -entry as hereinafter set forth; nor shall receipt of any rent or a: apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for ��nrirrt].}7 for a period of ten days. or in case of the non - payment of the rent reserved hereby, or any part thereof, o breach of any covenant in this lease contained. Lessee's right to the possession of the Premises ther terminate with or (to the extent permitted by law) without any notice or demand whatsoeve retention of possession thereafter by Lessee shall constitute a forcible detainer of the Lessor so elects, but not otherwise, and with or without notice of such election whatsoever, this lease shall thereupon terminate, and upon the termination of aforesaid, whether this lease be terminated or not, Lessee agrees to surr immediately, without the receipt of any demand for rent, notice to Premises whatsoever, and hereby grants to Lessor full and free lic any part thereof, to take possession thereof with or (to the e and to expel and to remove Lessee or any other perso thereof, and Lessor may use such force in and about reasonably be necessary, and Lessor may re -po entry of the Premises shall not constitute a of rents due by virtue thereof, nor a w be performed by Lessee. Lessee h for rent, notice to quit, dema every nature, which may or to landlord and to extension thereo knowledge accordi _ -- L Li. on sh:: nd the me: raises; and if ti:: ny notice or demar. ee's right of possession, er possession of the Premiss. t or demand for possession of tl-. to enter into and upon the Premises nt permitted by law) without process of lav . o may be occupying the Premises or any pa elling and removing Lessee and other persons as m:: ss himself of the Premises as of his former estate, but suc pass or forcible entry or detainer, nor shall it cause a forfeitur r of any covenant, agreement or promise in this lease contained, t y waives all notice of any election made by Lessor hereunder, deman or possession, and any and all notices and demands whatsoever, of any an all he required by any statute of this state relating to forcible entry and detaine: it, or any other statute, or by the common law, during the term of this lease or an e acceptance of rent, whether in a single instance or repeatedly, after it falls due, or aft, any breach hereof by Lessee, or the giving or making of any notice or demand, whethi o any statutory provision or not, or any act or series of acts except an express written waiver, sh:: REM1 DIftpS NOT EXCLUSIVE NOTICES MISCELLA- NEOUS SEVER - ABILITY • J - ••."11,4 .J an,/i, "IL a_,wo�L shall pay Lessor upon request the amount paid out by Lessor in such behalf, including Lessor's costs, ex- penses and counsel fees. during any extension hereof, shall not be deemed to be waived, released or terminated, nor . right and power to confess judgment given in paragraph 16 hereof be deemed to be w,' . • erminatcd by the service of any five -day notice, other notice to collect, demand for poss , er notice that the tenancy hereby created will be terminated on the date therein named, iiution of any action of forcible detainer or ejectment or any judgment for possession th e rendered in such action, or any other act or acts resulting in the termination of Le g t to possession of the Premises. The Lessor may collect and re- ceive any rent due fr..• ee, and payment or receipt thereof shall not waive or affect any such notice, demand . lu.gment, or in any manner whatsoever waive, affect, change, modify or alter any rights or 20. Notices may be served on either party, at the respective addresses given at the beginning of this lease, either (a) by delivering or causing to be delivered a written copy thereof, or (b) by sending a written copy thereof by United States certified or registered mail, postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall be deemed to have been served at the time the copy is mailed. 21. (a) Provisions typed on this lease and all riders attached to this lease and signed by Lessor and Lessee are hereby made a part of this lease., (b) Lessee shall keep and observe such reasonable rules and regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care of the building of which the Premises are a part. ( upon, apply and inure to the ben s. - b cir respective heirs, legal representatives, (e) The words "Lessor" and "Lessee" wherever used in this lease shall be construed to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee, and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Lessor or Lessee herein, and the necessary grammatical changes shall be assumed in each case as though fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointly and severally and shall authorize the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of judgment against any one or more of such Lessees, and shall authorize the performance of every other act in the name of and on behalf of any one or more of such Lessees. or circumstance shall be invalid, or unenforceable under ap or render invalid or unenforcea .. .. • - ..•..,_•••••,111119M11t ces. licable n a ect, impair ease nor any other clause, phrase, provision or er WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. LANGE'S WOODLAND FLOWERS,INC., an Illinois Corporation (SEAL) (SEAL) , (SEAL) BY : tolie / 'J (SEAL) GEORGE, . LANGE n ' NANCY H ASKY, PR IDENT (SEAL) (SEAL) (Lessee) ASSIGNMENT BY LESSOR On this 19 for value received, Lessor hereby transfers, assigns and sets over to all right, title and interest in and to the above Lease and the rent thereby reserved, except rent due and payable prior to 19 •- (SEAL) (SEAL) GUARANTEE On this_Apri 1 1 5 19 94 in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of all covenants and agreements of the above lease. 16ttOLV63(r�. NANCY flANCASKY NOTE: Use Form Number 12 -1P for assi>?nmpnt by 1 'scene. (SEAL) (SEAL) / AGREEMENT CREATING LIEN ON REAL ESTATE The undersigned, GC —ok.GE \-.i t GG , owner(s) of tA-LA C. . TL. , Lemont, Illinois, having applied for Facade Improvement Grant Program from the Village of Lemont through the Tax Increment Financing does hereby grant a lien to the Village of Lemont, a Municipal Corporation, in the amount of pNC;T\-�vStkut.i'too 4-\1/4.All Ate' y Dollars ($ i'1'30.00) on the property commonly known as LMIGE.'S 4.1coLt-k%►t. �Lacs4OE Lemont, Illinois 60439, and legally described as follows: See tete_a_se bred 0.tfe� Permanent Index Number: `l O - c -- CI\ O The undersigned acknowledges that the aforesaid lien shall exist from the date of this instrument, and shall become due if any facade alterations occur less than three years after grant work completion. If this condition occurs, then the lien shall be payable to the Village of Lemont. If this condition does not occur, then the lien shall be removed. The undersigned grants to the Village of Lemont the right to assign, transfer or set over to any other municipal corporation or any part thereof all of the right, title and interest in and to said lien without reservations. DATED this 44 day of Form Rev. 5/96 , 1998 STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, a Notary Public in. and for said County, in the State aforesaid, DO HEREBY CERTIFY that is known to me to be the same person(s) whose name(s) is /are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he /she /they signed, sealed, and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. Notary Public This instrument was prepared by: VILLAGE OF LEMONT Downtown Program 418 Main Street Lemont, Illinois 60439 (708) 257 -6440