Loading...
R-82-00 09/25/00VILLAGE OF LEM RESOLUTION NO. DATE: ` -25-c o 40D A RESOLUTION APPROVING VILLAGE PARTICIPATION OF DOWNTOWN PRIVATE SIGNATE GRANT PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 896, the Downtown Private Signage Grant, to provide incentives for building reinvestment within the Village of Lemont's Tax Increment Financing District; and WHEREAS, in accordance with the Downtown Private Signage Grant, the Village Board of Trustees shall consider participation in signage investment; and WHEREAS, Helping Hands Rehabilitation Center/Helping Hands Thrift Shop, as the lessee of the property known as 44 Stephen Street, Lemont, Illinois has completed the Downtown Private Signage Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 44 Stephen Street application for compliance with the Downtown Private Signage Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Sign Grant Agreement attached for Six Hundred Dollars ($600.00) in accordance with the terms of Downtown Private Signage Grant guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNT ES OF COOK, DU PAGE AND WILL, ILLINOIS, ON this 2,�t" day of AeLat, /,, , 20 a a John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES 2 NAYS PASSED ABSENT Approved by me this 1 day of Att t: (M( ARLENE SMOLLEN, Village Clerk RIC ' ARD A. KWASNESKI, Village President IIARLENE SMOLLEN, Village Clerk Approved . s to Form: age Attorney VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT TIr DISTRICT THIS AGREEMENT, entered into this day of , , 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: Name of Business: Address: City: J ,- 1e A1' State: —2--"Z Zip Code: f O �3 9 WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial areas outside of the VILLAGE Tax Increment Financing District; and Whereas, said Private Signage Improvement Program is administered by the VILLAGE and is funded from General Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the Village, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Signage 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 Seven Hundred Fifty Dollars ($750.00) per sign for sign design and sign procurement; and Whereas, the OWNER's/LESSEE's property is located within the Commercial area of the Village, and the OWNER/LESSEE desires to participate in the Private Signage Improvement 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: SECTION 1: COST SHARING - The VILLAGE shall share in the signage design and procurement costs for the OWNER's/LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Seven Hundred Fifty Dollars ($750.00) per sign. The actual amount per this agreement shall not exceed $ . The signage design and procurement costs which are eligible for VILLAGE participation include all labor, 2 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 private signage work shall be undertaken until the following is completed: • The application has been completed and approved by the Village; • The design therefore has been submitted to and approved by the Building Department /Community Development Department for code compliance; • The Village has determined the proposal meets the intent of the Downtown Sign Ordinance; • The sign is being installed by an accredited, licensed sign professional; No Application shall be processed or approved in cases when non - conforming signs exist on the building; unless the conflict has been resolved prior to the approval. No private signage 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. 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. 3 SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the signage pursuant to this Agreement. Such inspections shall not replace any 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 signage improvement 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 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 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 Seven Hundred Fifty Dollars ($750) 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 statements. At time of reimbursement and 4 throughout the term of this agreement, all signage under the control of the OWNER/LESSEE shall be in conformance with Village sign code provisions. SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the signage improvement work provided for herein in conformity with the plans, specifications and 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: MAINTENANCE OF IMPROVEMENTS - Upon completion of the signage 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 signage improvement 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 signage, 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 designated for approval; which approval shall not be unreasonably with held if the proposed changes do not substantially alter the original design concept of the signage as specified in the drawings and plans approved pursuant to this Agreement. 5 SECTION 7: UNRELATED IMPROVEMENT, - 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 signage 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, to said property for a period of three (3) years from and after the date of completion and approval of the signage 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 property owner from applying for more than one Grant. However, a Ten Thousand Seven Hundred Fifty Dollar ($10,750.00) limitation shall apply to all Sign Grants, Building and Site Improvement 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: CONSTRUCTION INDEMNIFICATION - 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, or the construction 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 V 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. 8 OWNERS/LESSEE rogram Participant DATE: Property Owner DATE: —Z; Rev. 7/99 9 AGE OF LEMONT i •'.ge DAT 9 5-ate resident ATTEST: DATE: Al- /AAA /_ _%If ./�✓ Village Clerk EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV SIGNAGE PLANS EXHIBIT V CONTRACTOR'S AGREEMENT 10 Applicant Name: File Number: VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT GRANT ,TIF DISTRICT APPLICATION Project Address(es): S'iEp4c7i/ S >.E'6G7 Building Owner: /3, v ,e,/ Year Purchased: Store /Company Name: /-7/6--- /744/9 • 777/,/,--7—_c/7/62/° Name of Tenant: /�� , ti 6 /4¢A, D fi>771,96 art. Lease Expiration Date: - - Applicant Name: �� 1p 66- /- ,,u 9 /E3 8 Applicant Business Address: y/ STai°f:',v .5-77" Applicant Business Phone: 4, ay a s-- -i c -Home Phone: 2' 2 3 ?/-324'7 Applicant(s): Building Owner:/6,euc'e ,cgs /ec�Tenant: Number of Signs (max. three): Total Anticipated Budget: $ e Total Anticipated Grant Request: $ 6,0 o o . ® a Description of Proposed Signage:* S;2ivn/ LAsTe- Co © X i /7V w,T# LoGc) S,G ,417127fr',A, d AO7V�F * Signage placement on building Applicant Name: File Number: PICTURE OF STORE FRONT AND PLACEMENT OF SIGNAGE ON STOREFRONT: 8 1/2" X 10" PHOTO Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST Total Anticipated Grant Request: $ Sign Designer for the Project: Name: r7 k D& Si --A/ S 6 /.a- Address: 1/ 9a G19.9,c1,v) 6— e7-% 4/0- E.t A/ Phone: R-/ 5- 575— Contractor for the Project: Name: Address: Phone: Application will be reviewed by the Economic Development Coordinator, Building Department and Community Development Director. Applicant Name: File Number: I, ww; ,4/ , hereby make application to the Village of Lemont for a Private Signage Improvement Grant in the anticipated amount of $ o0 , e 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 Signage Improvement Program Agreement. If approved, I understand that all work performed is subject to development, building, permit, and agreement provisions. Applicant Signature Date Building Owner 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. . Received Event (Event Succeeded) Date: 8/22/00 Time: 5:33 PM Pages: 2 Duration: 1 min 32 sec Sender: 8154859967 Company: Fax Number: Subject: Type: Fax AUG -22 -00 05:47 PM YE OLDE SIGN ,moo = km CO j vim ono incm �0 N �O N OI A■ VW it! 4 8154859967 P.02 . Received Event (Event Succeeded) Date: s 8/22/00 Time: 5:33 PM Pages: 2 Duration: 1 min 32 sec Sender: 8154859967 Company: Fax Number: Subject: Type: Fax AUG -22 -00 05:46 PM YE OLDE SIGN 91346139967 P.01 Ye Okfe Sign Shoppe, Ltd Pending Invoice Invoice # :00007395 1928 B CLEARING CT. NEW LENOX, IL 60451 815-485-5542 VOICE 815- 485 -9967 FAX emslans6321 net.com E -MAIL BM To: Helping Hand 44 Stevens Street Lemont„ II 60439 QTY. 1 SALESPERSON ERNIE HINRICHS PURCHASE ORDER DESCRIPTION SHIP DATE Sandblasted Sign s/s 60 x 31 x 1 3/4 w11h logo slug and VAIN background. with border ksldkAlon Window Lettering 50% DEPOSIT DUB AT TIME OF CONTRACT. BALANCE DUE UPON COMPLETION. TERMS C.O.D. PRICE 11,065.00 1150.00 8180.00 Disc % SALE 3.25% TAX TOTAL PAID TODAY 1 rBALANCE DATE 1 PG. 8/19100 1 EXTENDED 11,063.00 =160.00 1160.00 11,395.00 $43.34 81,440.34 *00 $1,440.34 DATE OF LEASE July 14, 2000 INDUSTRIAL LEASE TERM OF LEASE 2 year with third year option BEGINNING ENDING August 1, 2000 July 31, 2002 LOCATION OF PREMISES: 44 Steph @n Street, Lemont, IL 60439 consisting of 3,427 square feet. USE: The premises shall be used for Retail Sales and for no other purpose. LESSEE LESSOR NAME Helping Hand Rehabilitation NAME Gerasky Frantik Partnership Center 44 Stephen Street ADDRESS 9649 West 55th Street Lemont, IL 60439 Countryside, IL 60525 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 appurtenances thereto, for the above Term. BASE RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the following amount: August 1,2000 through July 31, 2002 the base monthly rental is two thousand one hundred dollars and no cents, ($2,100.00) per month. All rent shall be paid by Lessee to Lessor monthly in advance on the first day of every calendar month, at the address shown in paragraph 5, or such other place as Lessor may designate in writing from time to time. All rent shall be paid without prior demand or notice and without any deduction or offset whatsoever. All rent shall be paid in lawful currency of the United States of America. All rent due for any partial month shall be prorated at the rate of 1 /30th of the total monthly rent per day. Lessee acknowledges that late payment by Lessee to Lessor of any rent or other sums due under the lease will cause Lessor to incur costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and practical to ascertain. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Lessor by the terms of any encumbrance or note secured by the Premises. Therefore, if any rent or other sum due from Lessee is not received by the fifth day of the month, Lessee shall pay to Lessor an additional sum of one hundred dollars ($100.00). Lessor and Lessee hereby agree that such late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of any such late payment and that the late charge is in addition to any and all remedies available to the Lessor and that the assessment and /or collection of the late charge shall not be deemed a waiver of any other default. Additionally, all such delinquent rent or other sums, plus this late charge, shall bear interest at the lesser of 15% per annum or the then maximum lawful rate permitted to be charged by Lessor, whichever is greater. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $50.00, and thereafter, Lessor may require Lessee to pay all future payments of rent or other sums due by money order or cashier's check. TAX RENTAL 2. Lessee shall pay as additional rent, herein after called "Tax Rental," a sum equal to the amount by which Lessee's prorata share of the Real Estate Taxes (as hereinafter defined) and assessments (whether general or special) payable in any calendar year during the term hereof or any extensions or renewals thereof, with respect to land, buildings and improvements of which the Premises is a part, shall exceed the atnount of such taxes for the year 1999 , the base year. Such additional sum shall be so much additional rent and payable on demand. The tax rental liability for the year in which this lease term commences and for the year in which this tease shall terminate shall be prorated by and between the parties hereto as to the actual periods of occupancy during such years. In the event that this lease or any extensions or renewals thereof shall terminate on a date other than the last day of the calendar year, then in such event, the excess real estate tax (as aforesaid) for the portion of the said last calendar year of such term shall be prorated upon 110% of the most recent ascertainable tax applicable to the said Premises. (a) The amount of Real Estate Taxes applicable to the lease is: 32. I% Current Tax Bill - i999tax bill x leased s.f. (_ %) = Amt. Due total s.f. Notwithstanding the foregoing, if due to casualty loss or condemnation, the actual square footage of the Premises or the Building of which the Premises are a part is other than the square footage set forth above, Lessor may elect to make appropriate adjustments to all calculations made pursuant to this paragraph after the date of making such redetermination of square footage and shall give Lessee notice thereof. (b) Lessor shall provide Lessee with a copy of the 1999 tax bill and for each year after 1999 during a term of lease. (c) If Lessor pays the tax bill in installments, the amount payable by Lessee shall be in similar installment periods. (d) In the event that the Lessor is successful in reducing its real estate tax bill and it is lower than the Lessee's base amount, the reduced figures shall become Lessee's real estate tax base. Lessor shall provide documentation of any such changes. Lessee shall pay Lessor its prorated share of any cost or expense for reduction of the Real Estate Taxes, including the cost of appraisals, witness fees and attorneys fees. Lessee shall make payment within thirty days of the date of receiving invoice from Lessor. (e) Lessee shall pay "Tax Rental" with the next installment of rent due following written receipt of the bill from Lessor. INSURANCE RENTAL 3. The f -e shall pay as additional rent, herein after called "Insurance Rental ", a su.' sual to Lessee's pro -rata share o t amount by which the premium for fire and extended cov .: insurance payable in any lease year during - erm hereof or any extension or renewals them , with respect to the buildings and improvements of whic .sed Premises is a part, shall excee e sum of $ Current Insurance Bill - Insurance : e X e. ( %) = Amt. Due Notwithstanding the foregoing, ' e to casualty los condemnation, the actual square footage of the Premises or the Building o ich the Premises are a par ' .ther than the square footage set forth above, Lessor may elec make appropriate adjustments to al ulations made pursuant to this paragraph after the . . of making such redetermination of square foota_• d shall give Lessee notice thereof. Lessee all pay "Insurance Rental" with the next installment of base rent due folio '.- : written receipt of the from Lessor.. SECURITY DEPOSIT 4. Lessee has deposited with Lessor the sum of S 2,100.00 as security for the performance of all covenants and agreements of Lessee hereunder. Lessor may at any time or times apply or retain all or any portion thereof in payment of any amounts due Lessor from Lessee. Upon termination of the lease and full performance of all of Lessee's obligations hereunder, so much of the security deposit as remains unapplied shall he returned to Lessee. The security deposit shall not bear interest. Upon application of all or any portion of the security deposit by Lessor, or, as the base monthly rental increases, an additional deposit shall also be made so that the security deposit at all times equals 1.5 times the base monthly rental. As additional security for the performance of Lessee's obligations hereunder, Lessee hereby pledges and assigns to Lessor all the furniture, fixtures, goods, inventory, stock and chattels, and all other personal property of Lessee which are now or may hereafter be brought or put in the Premises, and further grants to Lessor a security interest therein under the Uniform Commercial Code. Upon default of the payment of rent, assessments, charges, penalties and damages herein covenanted to be paid by Lessee hereunder, and at the request of Lessor, Lessee hereby agrees to execute and deliver to Lessor all the financing statements, amendments thereto, or other similar statements which Lessor may reasonably request. Nothing herein contained shall be deemed to be a waiver by Lessor of its statutory lien to rent, and remedies, rights and privileges of Lessor in the case of default of Lessee as set forth above shall not be exclusive, and, in addition thereto, Lessor may also exercise and enforce all its rights at law or in equity which it may otherwise have as a result of Lessee's default hereunder. Lessor is herein specifically granted all of the rights of a secured creditor under the Uniform Commercial Code with respect to the property in which Lessor has been granted a security interest by Lessee, including, but not limited to the right to take possession of the above mentioned property and dispose of it by sale in a commercially reasonable manner. The security deposit shall not be utilized as the last month's rental. LESSOR'S AGENT Bruce N. Geraskey 5. Thomas C Frantik is hereby designated as Lessor's Agents for all purposes under this lease and the rent specified hereunder shall be paid to: Gerasky Frantik Partnership 44 Stephen Street Lemont, IL 60439 LESSEE • EP LRS AND OTHER COVENANTS REGARDING CARE OF PREMISES 6. 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 have been made by Lessor, or his agent, prior to or at the execution of this lease that are not herein expressed; Lessee shall in addition to all other covenants and obligations specified herein keep the Premises in a clean and healthful condition according to the applicable municipal ordinances and the direction of the proper public officers during the term of this lease at Lessee's expense, and upon the termination of this lease, in any way, will yield up the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will deliver the keys therefor at the place of payment of said rent. Lessee shall, at its own expense and cost, keep and maintain all parts of the Premises (except those for which Lessor is expressly responsible under the terms of this lease) in good condition, promptly making all necessary repairs and replacements, including but not limited to windows, glass and plate glass, doors, any special office entry, interior walls and finish work, fluorescent lighting bulbs and ballasts, floor covering, dock hoards and bumpers, electrical distribution within the Premises, plumbing work and fixtures, blockages of sewer lines within the Premises that can be directly attributed to the actions of the Lessee, overhead doors, daily removal of spoilable interior trash and at least one weekly exterior trash removal keeping the whole of the Premises in a clean and sanitary condition. Lessee shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the Premises and the cleanliness, safety, occupancy and use of same, including, without limitation, compliance with the Americans With Disabilities Act ( "AD Act ") to the extent that the AD Act applies to Lessee's operations within the Premises. Lessee hereby covenants and agrees not to permit, commit or suffer to exist any condition which might result in a violation of the AD Act, and if any such condition should occur, to immediately remedy any such condition. Lessee shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Lessee or its employees, agents, customers, invites, and /or licensees. LESSOR'S REPAIRS 7. Lessor shall, at its expense, maintain only the roof, foundation, driveways, water and sewer lines, sewer ejector pumps, hot water heaters, natural gas and electric lines leading into Premises, and structural soundness of the interior. demising walls and exterior walls of the building in good repair, reasonable wear and tear excepted. Lessee shall repair and pay for any damage caused by Lessee, or Lessee's employees, agents or invites, or caused by Lessee's default hereunder. The term "walls" as used herein shall not include windows, glass; plate glass doors, office entries or demising walls erected by Lessee. Lessee shall give Lessor written notice of defect or need for repairs, after which Lessor shall have a reasonable opportunity to repair same or cure such defects, repairs or maintenance for which Lessor is responsible under any of the provisions of this lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. ALTERATIONS 8. Lessee shall not make any alterations, additions or improvements to the Premises (including but not litnited to roof and wall penetrations) without the prior written consent of Lessor. All alterations, additions, improvements, and partitions erected by Lessee shall be and remain the property of Lessee during the term of this lease, and Lessee shall, unless Lessor otherwise elects by written notice to Lessee to have Lessee leave any or all of such alterations, additions or improvement as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Lessee and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises; provided, however, that if Lessor so elects prior to termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Lessor with the Premises. LESSEE NOT TO MISUSE; SUBLET; ASSIGNMENT 9. Lessee will not allow the Premises to he used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that herein before specified, and will not load floors with machinery or goods beyond floor load rating prescribed by applicable municipal ordinances, and will not allow the Premises to be occupied in whole, or in part, by any other person, and will not sublet the same or any part thereof, nor assign this lease without in each case the prior written consent of the Lessor, and Lessee will not permit any transfer by operation of law of the interest in the Premises acquired through this lease, and will not permit the Premises to be used for any unlawful purpose, or for any purpose that will injure the reputation of the building of which they are a part, or increase the fire hazard of said building or disturb the tenants of such building or the neighborhood, and will not permit the same to remain vacant or unoccupied for more than teem consecutive days; and will not allow any signs, cards or placards to be posted, or placed thereon. All equipment in or about the Premises shall be operated solely at Lessee's risk, except such as may he operated exclusively by Lessor. *Thirty (30) ad' ** except those signs related to the operation of the y� business stipulated on page one under "use ". �1 - 3 - MECHANIC'S LIEN 10. Lessee has no authority to subject the interest of Lessor in the Premises to any mechanics' or materialmen's liens of any kind, nor shall any provision contained in this Lease ever be construed as empowering the Lessee to encumber or cause the Lessor to encumher the title or interest of Lessor in the Premises. however, if by reason of any alteration, repair, labor performed or materials furnished to the Premises for or on behalf of Lessee any mechanic's or other lien shall be filed, claimed, perfected or otherwise established as provided by law against the Premises, Lessee shall discharge or remove the lien in a manner satisfactory to Lessor in Lessor's sole discretion within Fifteen (15) days after notice from Lessor to Lessee of the filing of same. INDEMNITY FOR ACCIDENTS 11. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims or liabilities, including reasonable attorney's fees, for injuries to all persons and damage to or theft or misappropriation or loss of property occurring in or about the Premises arising from Lessee's use of the Premises or any facilities appurtenant thereto, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold Lessor harmless from and against any and all claims and liabilities arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or omissions of Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor, and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises or any facilities appurtenant thereto arising from any cause, including the act or neglect of Lessor or its agents, contractors and employees, and Lessee hereby waives, to the extent not prohibited by law, all claims in respect thereof against Lessor. NON - LIABILITY OF LESSOR 12. Lessor shall not be liable for any damage occasioned by failure to keep the Premises in repair, nor for any damage done or occasioned by or from plumbing, gas, water, telephone lines, sprinkler, steam, or other pipes or sewerage, or the bursting, leaking or running of any pipes, tank or plumbing fixtures, in, above, upon or about Premises or any building of which Premises are a part or related improvement, nor for any damage occasioned by water, snow or ice being upon or coming through roof, skylights, trap door or otherwise, nor for any damages arising from acts, or neglect of co- tenants, or other occupants of such building or improvement, or of any owners, or occupants, of adjacent or contiguous property. UTILITIES 13. Lessee shall pay for all gas, heat, light, power, electricity, telephone or other services provided to the Premises, including without limitation, all meter fees, installation, hook -up and connection fees. WATER 14. Lessor will furnish to Lessee during the term of this lease all necessary water for sanitary purposes, used in connection with the toilets and wash basins located in the Premises. If Lessee shall require water for purposes other than those above mentioned, Lessor may install a water meter and charge Lessee for the cost of such installation and furnish water to Lessee for purposes other than above named at the same rate that Lessor shall be required to pay to its supplier of water for the amount of water indicated by said meter as being used by Lessee. J-IVAC EQUIPMENT 15. Lessor shall have all heating equipment cleaned and serviced prior to Lessee's occupancy of the Premises. Lessee shall have all heating (and air conditioning equipment if such exists) cleaned and serviced at Lessee's expense, by a service company approved by Lessor at least once per year. Lessee must provide written verification of servicing to Lessor within thirty days after such service. If the equipment is not serviced by October 1st of each year, Lessor may bring in its service company and bill Lessee for its work. Lessee shall reimburse Lessor for the service work with the next base rental payment after receipt of billing. Lessor, at its sole expense, shall repair and replace all HVAC equipment providing such work is not caused by Lessee negligence. ACCESS TO PREMISES 16. Lessee will allow Lessor and its agents free access to the Premises for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make and will allow to have placed upon the Premises' ttxli,titt s notice of "For Sale" and "To Rent," and will not interfere with the same. * upon default or within 90 days of notice to leave the premises or terminate the lease. -4- EAJLURE TO YIELD IMMEDIATE POSSESSION 17. Lessee will, at the termination of this lease by lapse of time or otherwise, yield up immediate possession to Lessor, and failing so to do, will pay as liquidated damages for the whole time such possession is withheld, double the rental payable hereunder (including base rent, Tax Rental and Insurance Rental) per day, but the provisions of this clause shall not be held as a waiver by Lessor of any right of re -entry, as hereinafter set forth, nor shall the receipt of said rent, or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein. EXTRA FIRE HAZARD 18. There shall not be allowed, kept, or used on the Premises any flammable or explosive liquids or materials except such as may be necessary for use in the business of the Lessee, and in such case, any such substances shall he delivered in amount, and stored, and used, in accordance with the rules of the applicable Board of Underwriters and statutes and ordinances, now or hereafter in force. DEFAULT 19. Each of the following events shall constitute default or breach of this lease by Lessee: (a) If Lessee, or any successor or assignee of Lessee, while in possession, shall file a petition in bankruptcy or insolvency or for reorganization under any Bankruptcy Act, or shall voluntarily take advantage of any such act by answer or otherwise, or shall make an assignment for the benefit of creditors. (b) If involuntary proceedings under any Bankruptcy Law or Insolvency Act shall be instituted against Lessee, or if a receiver or trustee shall be appointed of all or substantially all of the property of Lessee, and such proceeding shall not be dismissed with the receivership or trustee vacated within 5 days after the institution or appointment. (c) If Lessee shall fail to pay Lessor any rent or additional rent when the rent shall become due and shall not make the payment within 5 days after notice thereof by Lessor to Lessee. (d) If Lessee shall fail to perform or comply with any of the conditions of this lease and the nonperfornance shall continue for a period of 5 days after the notice thereof by Lessor to Lessee or if the performance cannot be reasonably had within the 5 day period, Lessee shall not in good faith have commenced performance within the 5 day period and shall not diligently proceed to completion of performance. (e) If Lessee shall vacate or abandon the demised Premises. (f) If the lease or the estate of the Lessee hereunder shall be transferred to or shall pass to any other person or party herein not permitted. In the events of any default hereunder as set forth above, the rights of Lessor shall be as follows: (a) Lessor shall have the right to cancel and terminate this lease as well as all of the right, title and interest in the Lessee hereunder by giving to Lessee not less than 5 days notice of cancellation and termination. On the expiration of the time fixed in the notice, this lease and the right, title and interest of Lessee hereunder shall terminate in the same manner and with the same force and effect except as to Lessee's liability as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. (b) Lessor may elect but shall not be obligated to make any payment required of Lessee hereunder or comply with any agreement, and Lessor shall have the right to enter the demised Premises for the purposes of correcting or remedying any such default, and to remain until the default has been corrected or remedied, but any expenditures for the correction by Lessor shall not be deemed to waive or release the default of the Lessee or the right of Lessor to take action as may be otherwise permissible under the case of default. (c) Lessor may reenter the Premises immediately and remove the property and personalty of Lessee and store the property in a public warehouse or a place selected by Lessor at the expense of Lessee. After reentry, Lessor may terminate the lease upon giving 5 days written notice of termination to Lessee. Without this notice, reentry will not terminate the lease. Upon termination, Lessor may recover from Lessee all damage approximately resulting from the breach, including the cost of recovering the Premises and the worth of the balance of this lease over a reasonable rental value of the Premises for the remainder of the lease term which sum shall be immediately due Lessor from Lessee. (d) After reentry, Lessor may relet the Premises or any part thereof for such rent for ahy term without terminating the liability of Lessee under this lease and on the terms Lessor may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties, if the Premises are relet as provided herein, shall be as follows: (1) In addition to Lessee's liability to Lessor for breach of the lease, Lessee shall be liable for all expenses of the reletting for the alteration and repairs made*for the new tenant, including reasonable attorneys' fees, and for the difference between the rent received from the Lessor to the new lease agreement and the rent installments tha are due for the same period under this lease. (2) Lessor shall be required to apply the rent received from reletting the Premises: (1) to expenses of reletting and alterations and repair made; (ii) to reduce the indebtedness of Lessee to Lessor under the lease, not including indebtedness for rent; and (iii) to rent due under this lease; or (iv) to payment of future rent under this lease as it becomes due. If the new Lessee does not pay ent installments promptly to Lessor and the rent installment has been credited in advance of payment to the indebtedness of Lessee other than rent, or if the rentals from the new lease have been otherwis applied by Lessor as provided herein and during any rent installment ; to return the premises to the same condition as received by the Lessee at the beginning of this lease. period or less than the rent payable for the corresponding installment period under this lease, Lessee shall pay Lessor the deficiency separately for each rent installment deficiency period, and before the end of the rent that period, Lessor may, at any time after reletting, terminate the lease for the breach on which Lessor had based the reentry and subsequently relet the Premises. ABANDONMENT OF PREMISE 20. Should any of Lessee's property remain on the Premises after the term of this lease, Lessor shall have the right to dispose or remove the property at the sole expense of Lessee. if Lessee shall vacate the Premises prior to the termination of this lease or shall be in default of the lease terms and absent from Premises or fail to conduct its business from the Premises for a continuous * period of fakaux$1;50xttits, the property shall be considered abandoned; provided, however, that so long as Lessee pays rent pursuant to this Lease, the Premises shall not be considered abandoned, regardless of Lessee's absence or status of business use of the Premises. Any property remaining on the Premises shall he considered abandoned and Lessor shall have the right to dispose or remove the property at the sole expense of Lessee. 1�'/ 7� * Thirty (30) days I SUBORDINATION: ESTOPPEL CERTIFICATE 21. At such time as Lessor or any mortgagee or proposed mortgagee of the Premises may in writing request, Lessee agrees that this Lease shall be and is hereby made subject and subordinate to the lien of any mortgage (which terms shall include any and all security instruments) of the Premises made by Lessor. Lessee agrees, upon demand and without cost, to execute any instrument as may be requested to additionally evidence such subordination, it being agreed by Lessee that no additional instrument or evidence is necessary for this subordination to be effective. Lessee agrees that from time to time upon not less than ten days' prior request by Lessor, or the holder of any mortgage or any ground lease, Lessee (or any permitted assignee, subtenant, licensee, concessionaire or other occupant of the Premises claiming by, through or under Lessee) will deliver to Lessor or the holder of any mortgage or ground lease, a statement in writing signed by Lessee certifying: (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease, as modified, is in full force and effect and identifying the modifications); (b) the date upon which Lessee began paying rent and the dates to which rent and other charges have been paid; (c) that Lessor is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Lessee is in occupancy and paying rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of rent other than that provided in this Lease; (f) that there are no actions, whether voluntary or otherwise, pending against Lessee under the bankruptcy laws of the United States or any state thereof; and (g) such other matters as may he required by Lessor, the holder of the mortgage or any ground lessor. FIRE AND CASUALTY 22. (a)if the Premises, or any part of the building of which the Premises are a part shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or such building untenantable in Lessor's discretion, then Lessor shall proceed to repair and restore with reasonable promptness the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Lessor's reasonable control. If any such damage renders all or a substantial portion of the Premises or the building untenantable, Lessor shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the damaged areas of the Premises or building and shall give notice to advise Lessee of such estimate. if it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred or be beyond the end of the term, then Lessor shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Lessor gives Lessee the notice containing said estimate (it being understood that Lessor may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Lessor shall proceed with reasonable promptness to repair and restore the base work applicable to the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Lessor's reasonable control, and also subject to zoning laws and'building codes then in effect. Lessor shall have no liability to Lessee, and Lessee shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Lessor, as aforesaid, or within said two hundred seventy (270) days or before the end of the term. if the Premises is not repaired or restored within twelve (12) months after the date of such fire or other casualty, then either party may terminate this Lease, effective as of the date written notice is given to the other party, if given not later than thirty (30) days after the expiration of said twelve (12) month period, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth, (a) Lessor shall have no duty pursuant to this paragraph to repair or restore any portion of the alterations, additions, or improvements owned or made by Lessee in the Premises, or any personal property or fixtures of Lessee, or to expend for any repair or restoration amounts in excess of insurance proceeds paid to Lessor and available for repair or restoration, and (b) Lessee shall not have the right to terminate this Lease pursuant to this paragraph if the damage or destruction was caused by the act or neglect of Lessee, its agents or employees. -6- (b) In the event any such fire or casualty damage not caused by the act or neglect of Lessee, its agents or employees, render the Premises untenantable and if this Lease shall not be terminated pursuant to the foregoing provisions of this paragraph 22 by reason of such damage and Lessee shall not then be in default under this Lease, then base rent shall abate during the period beginning with the date of such damage and ending with the date when Lessor substantially completes its repair and restoration work. Such abatement shall be in an amount bearing the same ratio to the total amount of base rent for such period as the portion of the Premises that is untenantable bears to the entire Premises. In the event of termination of this Lease pursuant to this paragraph 22, base rent shall be apportioned on a per diem basis and be paid to the date of the fire or casualty. PAYMENT OF FEES 23. Lessee will pay and discharge all reasonable costs, attorney's fees and expenses that may be incurred by Lessor, in enforcing the covenants and agreements of this lease, and this lease and all covenants and agreements herein contained shall he binding upon, apply, and inure to their respective heirs, executors, successors, administrators, and assigns of all parties to this lease. NOTICE 24. Any notice, demand, request, consent, approval, or communication desired by either party, or required to be given, shall be in writing, duly addressed, and deemed delivered (I) when personally delivered, (ii) one day after deposit with a reputable overnight courier, (iii) two days after being deposited with any main or branch United States post office via certified first class mail return receipt requested, addressed as set forth below, or (iv) a facsimile transmission to the facsimile telephone number as set forth below with verification that such transmission was received by the other party. Either party may change its address by notification to the other party. Notice to Lessee shall be sent to the following address: 9649 West 55th Street Countryside, IL 60525 Notice to Lessor shall be sent to the following address: Geraskey Frantik Partnership 44 Stephen Street Lemont, IL 60439 INSURANCE 25. In addition to the pro rata insurance coverage and the payments thereof that Lessee is responsible for under paragraph 3 of this Lease, Lessee covenants and agrees to carry at Lessee's expense throughout the term of this lease or any extension thereof insurance covering Lessee and naming Lessor, its beneficiaries and their respective agents, employees, successors and assignees as additional insureds for liability due to bodily injury or property damage occurring on or about the Premises. Such insurance policy or policies shall have a minimum limit of One Million Dollars ($1,000,000.00) combined single limit per occurrence. In addition to the foregoing, Lessee shall carry insurance during the entire term of this Lease against t '' fire, vandalism, and the extended coverage perils for the full replacement cost (but in no event less than $ Zs' n of all additions, improvements and alterations owned or made by Lessee to the Premises and 0 et of a furniture, trade fixtures, equipment, merchandise and all other items of Lessee's property on the Premises. All insurance policies procured by Lessee in compliance with the provisions hereinbefore set out shall he subject to the approval of Lessor as to substance and form, and evidence of such policies or duplicate of each of said policies shall be delivered to Lessor prior to Lessee's occupancy of the Premises, and said policies or evidence thereof are to be held by Lessor during the term of this lease or any extension thereof. The said insurance policies shall he in the usual and customary form, issued by responsible insurance companies rated at least "A ". by A.M. Best's Insurance Ratings. For any reason whatsoever Lessee's insurance company must notify Lessor Ten (10) days prior to cancellation of Lessee's insurance. In the event Lessee shall fail to procure and maintain in force at any time during the term of this lease or any extension thereof, any of the insurance, which it is Lessee's obligation to procure and maintain as provided in this paragraph, Lessor may, at Lessor's option, procure the same and collect the costs therefore from Lessee at the next ensuing rent paying day or thereafter, and the same shall become a part of the rent due and payable. Lessor and Lessee agree to have all fire and extended coverage and material damage insurance which may be carried by either of them endorsed with a clause providing that any release from liability of or waiver of claim for recovery from the other party entered into in writing by the insured thereunder prior -7- to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder, and providing further that the insurer waives all rights of subrogation which such insurer might otherwise have against the other party. Without limiting any release or waiver of liability or recovery contained in any other paragraph of this Lease, but rather in confirmation and in furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance policies. Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release or any waiver of claim shall not be operative, nor shall the foregoing endorsements he required, in any case where the effect of such release or waiver is to invalidate insurance coverage of the right of the insured to recover thereunder or increase the cost thereof (provided that in the case of increased cost the other party shall have the right, within 10 days following written notice, to pay such increase cost, keeping such release or waiver in full force and effect). PARKING 26. In the event the Premises constitute a portion of a multiple occupancy building, Lessee and its employees, agents, customers. invites, and /or licensees shall have the nonexclusive right to use such parking areas, if any, as may he designated by Lessor in writing, subject to such reasonable rules and regulations as Lessor may from time to time prescribe and subject to rights of ingress and egress of other Lessees. Lessor shall not be responsible for enforcing any exclusive parking rights which may be granted to Lessee. Lessee shall not park any vehicle on the Premises overnight or for any extended period of time without first receiving written permission from Lessor. WAIVER 27. No delay or omission in the exercise of any right or remedy by Lessor shall impair such right or remedy or be construed as a waiver of Lessor's right to enforce such right or remedy nor shall any express waiver of any condition expressed in this lease affect any condition other than the one specified in such waiver and that one only for the time and manner specifically stated. No act or conduct of Lessor, including without limitation, acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises and accomplish termination of the lease. Lessor's consent to or approval of any act by Lessee requiring Lessor's consent or approval shall not he deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent act by Lessee. Any waiver by Lessor of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the lease. INSPECTION 28. Lessee shall give written notice to Lessor at least thirty (30) days prior to vacating the Premises and shall arrange to meet with Lessor for a joint inspection of the Premises prior to vacating. In the event of Lessee's failure to give such notice or arrange such joint inspection, Lessor's inspection at or after Lessee's vacating the Premises shall be conclusively deemed correct for purposes of determining Lessee's responsibility for repairs and restoration. ENVIRONMENTAL COMPLIANCE AND INDEMNIFICATION AGREEMENT 29. During the entire term of the Lease, Lessee shall fully and strictly comply with all federal, state and local laws, ordinances, rules and regulations now or at any time hereafter in effect which regulate, relate to or impose liability or standards of conduct concerning any Hazardous Substances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Illinois Environmental Protection Act and the Illinois Responsible Property Transfer Act (all such laws, ordinances, rules and regulations being herein collectively referred to as the "Environmental Laws "), and which directly or indirectly affect the use or occupancy of the Premises by Lessee or anyone claiming by, through or under Lessee. Lessee shall not permit the Premises to be used to store or otherwise used to handle Hazardous Substances except where stored in sealed containers and in quantities normally associated with businesses permitted to be conducted on the Premises or for office maintenance and cleaning and, in those instances, the Hazardous Substances shall be handled or stored in compliance with all Environmental Laws. Lessee acknowledges that its compliance shall include, by way of illustration and not by way of limitation, the completion and timely filing of all reports and statements required pursuant to any Environmental Laws (copies of which shall, upon demand, be provided to Lessor) and the payment of all charges, fees and costs that may be assessed or imposed from time to time in connection therewith; and the timely disclosure to Lessor upon request of any information required pursuant to the Illinois Responsible Property Transfer Act ( "Act "), as the same may be amended or replaced from time to time, in order to permit Lessor or others to make full and complete disclosures or filings as required pursuant to the Act. Lessor at any time, and from time to time, may at its option (but without any obligation to Lessee to do so) cause to he conducted any environmental tests, inspections or evaluations of the Premises as Lessor may deem reasonable or necessary in connection with the use and occupancy of the Premises by Lessee or anyone claiming by, through or under Lessee. The selection of the person, firm or entity retained to complete such tests, inspections or evaluations shall be within the sole and absolute discretion of Lessor. In connection therewith, Lessee shall permit Lessor and its environmental consultants or inspectors to have access to the Premises at all reasonable times and Lessee agrees to make or cause to be made available to -8- Lessor or any such environmental consultant or inspector any information reasonably requested regarding the nature of any Hazardous Substances used, stored or otherwise present at the Premises in connection with the use or occupancy of the Premises or any part thereof. Except as otherwise provided in this paragraph 29, any tests, inspections or evaluations conducted by or for Lessor shall be at Lessor's sole cost and expense. If any environmental test, inspection or evaluation of the Premises conducted by or on behalf of Lessor, Lessee, any leasehold mortgagee, any fee mortgagee or any governmental authority gives rise to liability under the Environmental Laws resulting from Lessee's storage or use of Hazardous Substances on the Premises, then Lessee shall, at its sole cost and expense, promptly take all applicable action in response so as to comply with all environmental Laws and eliminate or avoid any liability claim with respect thereto. Lessee's failure to perform such applicable action required pursuant to the previous paragraph of this section shall entitle Lessor to take such action, and Lessee shall, immediately upon demand by Lessor, pay to Lessor all costs and expenses paid or incurred by Lessor as a result thereof. Lessee agrees to indemnify, defend, and hold Lessor harmless from and against any and all losses, liabilities, claims, demands, penalties, fines, judgments, causes of action of suits and expenses (including attorneys' fees, consultants' fees, remedial costs, removal costs and other expenses) which may arise or be asserted against Lessor in connection with (1) storage or use of Hazardous Substances on the Premises by Lessee, (ii) any personal injury including wrongful death) or property damage (real or personal) arising out of or related to any such presence, disposal, release or threatened release of any Hazardous Substances or (iii) any violations of or failure to comply with any environmental laws. For purposes of this Lease, the term "Hazardous Substances" shall mean and include (a) any friable asbestos or asbestos containing material, polychlorinated biphenyls, dioxins or urea formaldehyde form insulation; (b) any petroleum products; (c) any waste, substance, material, pollutant or contaminant defined as hazardous or toxic (or for purposes of any Environmental Laws); and (d) any waste, substance, material, pollutant or contaminant the presence, disposal, release or threatened release of which on, onto or from any Premises (including the Premises) or is or would constitute an Environmental Event or is governed by any applicable Environmental Laws. SNOW REMOVAL 30. Snow removal from sidewalks, stairs and common dock area leading to the demised Premises shall be the sole responsibility of the Lessee at its expense. Lessor shall not be held liable for any business interruptions due to failure to remove snow from parking or driveway areas. 34-ef - the-ciEi*eways- and - Lessee- shall- reimburseiesser -S - pertime fl nowretnov scowwhe ee shall -p y ss i' j its next monttily- base -ren en . SAFETY AND HEALTH COMPLIANCE 31. Lessee shall comply with all lawful requirements of the local Board of Health, Police and Fire Departments, and governmental authorities including, but not limited to the Occupational Safety and Health Act of 1970 and Federal and State Environmental Protection Act representing the manner in which Lessee uses the leased Premises, applicable to Lessee's occupancy. QUIET POSSESSION 32. Upon Lessee paying the rent for the Premises and observing and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof subject to all of the provisions of this Lease. TRADE FIXTURES 33. All 'trade fixtures and equipment installed by Lessee in the Premises shall remain the property of the Lessee. Lessee may, without the consent of Lessor, but at its own cost and expense and in a good workmanlike manner, erect. such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. All shelves, bins, machinery, and trade fixtures installed by Lessee may be removed by Lessee prior to termination of this lease if Lessee so elects, and shall be removed by the date of expirations or earlier termination of this lease or upon earlier vacating of the Premises if required by Lessor; upon any such removal, Lessee shall restore the Premises to their original condition. All such removals and restoration shall he accomplished in a good workmanlike manner so as not to damage the primary stntcture or structural qualities of the buildings and other improvements situated on the Premises. Lessee shall have the right, at the termination of this Lease, to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed in the Premises including, but not limited to counters, shelving, showcases, chairs, and movable machinery purchased or provided by Lessee and which are susceptible of being moved without damage to the building and the Premises, provided this right is exercised before the Lease is terminated and provided that Lessee, at its own cost and expense, shall repair any damage to the Premises caused thereby. All such removal and restoration shall be performed in a good and workmanlike manner. The right granted Lessee in this paragraph shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor - coverings (including wall -to -wall -9- carpeting) glued or fastened to the floors, or any paneling, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixtures or machinery that were furnished or paid for by Lessor. The Premises and the immediate areas in front, behind and adjacent to it shall be left in a broom - clean condition. Should Lessee fail to comply with this provision, Lessor may deduct the cost of cleanup from Lessee's Security Deposit. if Lessee shall fail to remove its trade fixtures or other property at the termination of this Lease thereafter, such fixtures and other property not removed by Lessee shall be deemed abandoned by Lessee, and, at the option of Lessor, shall become the property of Lessor, or disposed of by Lessor at Lessee's cost and expense, such cost and expense being additional rent payable hereunder. SIGNAGE 34. Lessee shall have the privilege of erecting a suitable business sign on the exterior of the building within two (2) feet of the overhead door. Any such sign that may be erected shall conform to all regulations or ordinances of the Village of Lemont or any other applicable municipal authority regulating the erection, size, maintenance, or location of such sign. Lessee agrees to maintain and keep any sign in good repair and condition and pay any and all fees which may become due by virtue of the location of any such sign on the subject Premises. lessee shall remove such sign and repair any damage to the building caused thereby at its own expense at termination of said lease. All signage must be diagramed and approved in writing by Lessor before it is installed to the Premises. In the event that Lessor provides Lessee a directory sign, Lessee will reimburse Lessor for its sign insertion. CONDEMNATION 35. (a) Total: in the event the entire Premises shall be appropriated or taken under the power of eminent domain by any public or quasi - public authority, this lease shall terminate and expire as of the date of title vesting in such proceeding, Lessee shall thereupon vacate the Premises and Lessee's obligations to pay rent hereunder shall cease. (b) Partial: If any part of the Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of the Lessee, as determined by Lessor, then this Lease and the term herein shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Premises unsuitable for the business of Lessee, then this Lease shall continue in effect, except that the Base rent payable pursuant to paragraph 1 shall be reduced in the same proportion that the floor area of the Premises taken bears to the original floor area leased and Lessor shall. upon and subject to receipt of the award in condemnation, make all necessary repairs or alterations to the building in which the Premises are located so as to constitute the portion of the building not taken a complete architectural unit, but such work shall not exceed the scope of the work to be done by Lessor in originally constructing said building, nor shall Lessor. in any event, be required to spend for such work an amount in excess of the amount received by Lessor as damages for the part of the Premises so taken. "Amount received by Lessor" shall mean that part of the award in condemnation which is free and clear to Lessor of any collection by mortgagee for the value of Lessors's diminished fee interest in the property upon which the Premises are situated. (c) Termination: Notwithstanding the foregoing, if more than Twenty Percent (20%) of the floor area of the building in which the Premises are located shall he taken as aforesaid, Lessor may, by written notice to Lessee, terminate this Lease, such termination to he effective as aforesaid. (d) Rent on Termination: if this Lease is terminated as provided in this section, the rent shall be paid up to date that possession is so taken by public authority and Lessor shall make an equitable refund of any rent paid by Lessee in advance. (e) Award: Lessee shall not be entitled to and expressly waives all claim to any condemnation award for any taking, whether whole or partial, and whether for diminution in value of the leasehold or to the fee although Lessee shall have the right, to the extent that the same shall not reduce Lessor's award, to claim from the'condemnor, but not from Lessor, such compensation as may be recoverable by Lessee in its own right for damage to Lessee's business, fixtures and improvements installed by Lessee at its expense. BUILDING RULES AND REGULATIONS 36. (a) Lessor agrees to furnish Lessee two (2) keys without charge. No additional locks shall be placed upon any doors of the Premises without prior written consent. All additional locks or rekeying shall be installed by La Grange Lock and Safe at the sole expense of Lessee, in order to maintain Lessor Master Key System. (h) No Lessee shall at any time occupy any part of the Building as sleeping or lodging quarters. (c) Lessor will not be responsible for lost or stolen personal property, equipment, money, or jewelry from Lessee's area or public areas, regardless of whether such loss occurs when the area is locked against entry or not. (d) No birds, fowl, reptiles, or animals shall be brought into or kept in or about the building. (e) The water closets and other water fixtures shall not be used for any purpose other than those for which they were constructed, and any damage resulting to them from misuse, or the defacing or injury of any part of the building shall be borne by the person who shall occasion it. No person shall waste water by interfering with the faucets or otherwise. (f) No person shall disturb the occupants of the building by the use of any musical instruments, the making of unseemly noises, causing objectionable odors, or any unreasonable use. - 10- (g) The only areas to be used for truck and trailer parking are those designated in exhibit A. (h) No pallets, skids, or material of any kind may be stored outside the building. (1) All rubbish and waste may be stored in suitable containers outside the building on the date of garbage pickup only, but must be neatly stacked and secured. (j) The driveways, parking areas, sidewalks, and stairways are the property of Lessor and shall not he obstructed by any Lessee. The Lessor shall at all times have the right to control and prevent access to the Building or any part thereof, or to eject from, all persons whose presence, in the judgment of Lessor, or its employees, shall be prejudicial to the safety, character, reputation, or interests of the building or its occupants. (k) Lessee shall not tape or affix signs or notices of any type to the metal overhead or entry doors of the Premises. Lessor shall be reimbursed for any painting costs incurred by Lessee's action. (I) The cleaning or removal of Lessee's debris on the exterior of the Premises required by Lessor's personnel shall cause Lessee to reimburse Lessor at a rate of $25.00 per man hour for labor and any disposal costs. Lessee shall make payment for such services within ten (10) days of receipt of those costs. (m) Lessee shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction or garage sale upon the Premises or the Common Areas without first having obtained Lessor's written consent. Notwithstanding anything to the contrary in this Lease. Lessor shall not be obligated to exercise any standard or reasonableness in determining whether to grant such consent. (n) Lessee shall contract and pay a private Refuse Service Company for removal of garbagehubbish. (o) No burning of any kind is permitted on Premises. (p) Lessee shall install plastic chair pads under each of its office desks. (q) if Lessee's electrical panel within its Premises controls exterior security lighting or plumbing heat tapes located adjacent to Lessee's Premises, Lessee shall not alter or interrupt the appliance usage at any time. (r) No portable propane, kerosene, other fueled or electrical portable heating units shall be allowed on the Premises at any time. (s) Lessee at its sole expense shall provide and mount Fire extinguishers within the Premises at locations as specified by Fire Department rules and regulations. (t) Lessee shall obtain, at its sole expense, a business license from the Village of Lemont within 30 days after occupancy of the Premises. Lessee failure to obtain a business license shall not nullify or void this lease contract. The foregoing rules and regulations may be amended from time to time as Lessor deems necessary or appropriate. MISCELLANEOUS • 37. (a) Each provision of this Lease shall extend to and shall bind and inure to the benefit not only of Lessor and Lessee, but also their respective heirs, legal representatives, successors and assigns, but this provision shall not operate to permit any transfer, assignment, mortgage, encumbrance, lien, charge or subletting contrary to the provisions of this Lease. (h) All of the agreements of Lessor and Lessee with respect to the Premises are contained in this Lease; and no modification, waiver or amendment of this Lease or of any of its conditions or provisions shall be binding upon Lessor unless in writing signed by Lessor. (c) Submission of this instrument for examination shall not constitute a reservation of or option for the Premises or in any manner bind Lessor, and no license or obligation of Lessor shall arise until this instrument is signed and delivered by Lessor and Lessee; provided, however, the execution and delivery by Lessee of this Lease to Lessor or the agent of Lessor, or Lessor's beneficiary, shall constitute an offer by Lessee to lease the Premises on the terms and conditions herein contained, which offer shall be irrevocable and may not be revoked for 15 days after such delivery. (d) The word "Lessee" whenever used herein shall be construed to mean Lessee or any one or more of thetn in all cases where there is more than one Lessee; and the necessary grammatical changes required to make all the provisions hereof apply either to corporations or other organizations, partnerships or other entities, or individuals, shall in all cases be assumed as though in each case fully expressed. In all cases where there is more than one Lessee, the liability of each Lessee shall be joint and several. (e) Time is of the essence of this Lease and of each and every provision thereof. (f) The invalidity of any provision of this Lease shall not impair nor affect in any manner the validity, enforceability or effect of the remaining provisions of this Lease. (g) If Lessor fails to perform timely arty of the terms, covenants and conditions of this Lease on Lessor's part to be performed, and such failure is due in whole or in part to any strike, lockout, labor trouble, civil disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war fuel shortages, accidents, casualties, acts of God, acts caused directly or indirectly by Lessee, or any other cause beyond the reasonable control of Lessor, then Lessor shall not be deemed in default under this Lease as a result of such failure. ** (h) If Lessor shall be unable to give possession of the Premises on the date of the commencement of the term of this Lease for any reason, Lessor shall not be subject to any liability for failure to give possession. Under such circumstances, the rent reserved and covenanted to the paid herein shall not commence until the Premises are available for occupancy, and no such failure to give possession on the date of commencement of the term of this Lease shall affect the validity of this Lease or the obligations of Lessee hereunder, nor shall the same be construed to extend the term of this Lease. The Premises shall not he deemed to be unready or unavailable for Lessee's possession or occupancy or incomplete if only minor or insubstantial details of construction, decoration or mechanical adjustments required to be ,r t performed by Lessor remain to be done in the Premises or any part thereof, or if the delay in the ** If the premises are unavailable within 90 days of the commencement date 4rf of this lease then Lessee will have the option of voiding the lease. -11- availability of the Premises for occupancy shall be due to special work, changes, alterations or additions required to be made by Lessee in the layout or finish of the Premises or any part thereof, or shall be caused in whole or in part by Lessee through the delay of Lessee in submitting plans, supplying information, approving plans, specification or estimates, giving authorizations or otherwise, or shall be caused in whole or in part by delay or default on the part of Lessee. (I) It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of any Lessor while in form purporting to be the representations, warranties, covenants, undertakings and agreements of such Lessor are nevertheless each and every one of them made and intended, not as personal representations, warranties, covenants, undertakings and agreements by such Lessor or for the purpose of with the intention of binding such Lessor, personally, but are made and intended for the purpose only of subjecting such Lessor's interest in the Premises to the terms of this Lease and for no other purpose whatsoever, and in case of default hereunder by Lessor (or default through, under or by any of its beneficiaries, or agents or representatives of said beneficiaries), Lessee shall look solely to the interests of such Lessor in the Premises; that neither Lessor not its beneficiaries nor any of the beneficiaries' agents shall have any personal liability to pay any indebtedness accruing hereunder or to perform any covenant, either express or implied, herein contained and no liability or duty shall rest upon any Lessor which is a land trust to sequester the trust estate or the rents, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof; that no personal liability or personal responsibility of any sort is assumed by, nor shall at any time be asserted or enforceable against Lessor or against any of the beneficiaries of Lessor or any beneficiaries under any land trust which may become the owner of the Premises, on account of this Lease or on taking or agreement of Lessor in this lease contained, either express or implied, all such personal liability, if any, being expressly waived and released by Lessee and by all persons claiming by, through or under Lessee; and that this Lease is executed and delivered by the undersigned Lessor not in its own right, but solely in the exercise of the powers conferred upon it as such trustee. (j) Where in this instrument masculine pronouns are used, or words indicating the singular number appear, such words shall be considered as if feminine or neuter pronouns or words indicating the plural number had been used, where the context indicates the propriety of such use. (k) Where in this instrument right are given to either Lessor or Lessee, such rights shall extend to the agents, employees, or representatives of such persons. (1) If this instrument is executed by a corporation, such execution has been authorized by a duly adopted resolution of the Board of Directors of such corporation. - (m) This lease consists of 12 pages numbered 1 to 12 , including exhibits consisting of 0 pages, identified by Lessor and Lessee. IN TESTIMONY WHEREOF, the parties hereto have executed this instrument this day and year first above written. LESSEE LESSOR tee ),'-e 4-w-ea-4 ��