Loading...
R-55-99 Resolution Approving Village Participation of Downtown Private Signate Grant ProgramVILLAGE OF LEM NT _ RESOLUTION NO. - -- 91 DATE: 8/9/99 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, Nick & Elaine Demos, as the lessee of the property known as 238 Main Street, Lemont, Illinois has completed the Downtown Private Signage Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 238 Main 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 Private Signage Grant Agreement attached for 238 Main Street Lemont, Illinois 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, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS, ON this 9 thday of August , 19 99, John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT v v- v A ENE SMOLLEN, Village Clerk Approved by me this 9tlxlay of August , 19 99 Attest: RIC / ASNESKI, Village P ident ARLENE SMOLLEN, Village Clerk Approved to Form: PiliiL Village Attorney VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT, entered into this 9th day of August , 1999 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: -� A /4/L. ¢ 44 c. g M o 5 Name of Business: /\ l— e A P PA r■1 O Address: . nii A 1 $ '� 4-6 r City: Linn ©N State: L Zip Code: CoO 4 9 WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Private Signage Improvement 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 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 Two Hundred Fifty Dollars ($250) per sign for sign design and sign procurement; 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 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 VTT,LAGE 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 Two Hundred Fifty Dollars ($250) per sign. The actual amount per this agreement shall not exceed S _450, ) . The signage design and procurement costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and 2 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 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 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, 3 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 Two Hundred Fifty Dollars ($250) whichever is less. In no case shall the amount paid to the OWN.ER/LESSEE exceed the amount specified in this Agreement or in the contractor's statements. At time of reimbursement and 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 confolluity 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 4 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. 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 VTT,LAGE 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 5 Thousand Dollar ($10,000.00) 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. 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 6 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. 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. 7 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS/LESSEE Program Participant DATE: _ =zj /(C M 11 rty "/H/17 Prop DATE: Form Rev. 5/96 er 8 VILLAGE OF LEMONT ATTEST: DATE: iii � i11O6 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 Applicant Name: File Number: VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT GRANT Project Address(es): Building Owner: Store /Company Name � 4 Name of Tenant: > APPLICATION et4A-tiz, Year Purchased: Lease Expiration Date: Applicant Name: �u- Applicant Business Address: 3 8 Applicant Business Phone: 40 0 - A 1r Home Phone: .mod 5 7 y J 174. ' Applicant(s): Building Owner: ijTenant: Number of Signs (max. three): Total Anticipated Budget: $ d c o ° Total Anticipated Grant Request: $ 4 .5-0 G> o Descri tion of Proposed Signage:* * Signage placement on building Applicant Name: File Number: PICTURE OF STORE FRONT AND PLACEMENT OF SIGNAGE ON STOREFRONT: _ 1 H . 1 1 ! , _____ _. • • _, 1 , i 1 1 ________ ___........„ 1-1- J 1.- \ 7e ... - ,._ i r.....- - -- ,.... - - .. ........- --• . -- •-•'\ .• t_. * coLi: 1._ vMlsz.-,-?\,c, i .\._ (.... s ....) . - t- --- i .... I 1 f i iill i I _ rt- '--- . --)r----- Applicant Name: File Number: BUDGET (anticipated) Total Anticipated Grant Request: $ Sign Designer for the Project: Name: a/1 .r�r1 Address: // fie- / �- Phone: - c t� Contractor for the Project: Name: Address: Phone: Application will be reviewed by the Economic Development Coordinator, Building Department and Community Development Director. ACTIVITY ESTIMAl ED COST ie- VI r Total Anticipated Grant Request: $ Sign Designer for the Project: Name: a/1 .r�r1 Address: // fie- / �- Phone: - c t� 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: /2.G 4 -- ZYG� L I, , hereby make application to the Village of Lemont for a Private Signage Improvement Grant in the anticipated amount of $ 0 0 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 Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 Date Date 97 If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (630) 257 -6440. • e GEORGE E. COLE LEGAL FORMS No. 9 -REC April 1996 STORE LEASE CAUTION: Consult a lawyer before using or acting under this form. Neither the publisher nor the seller of this form makes any warranty with respect thereto, including any warranty of merchantability or fitness for a particular purpose. TERM OF LEASE BEGINNING ENDING Above Space for Recorder's use only MONTHLY RENT DATE OF LEASE LOCATION OF PREMISES /550 =" */(770//96 23 S MAN&: , 1 'r rtg, LemorLfT it, PURPOSE Gor rQ SAP Ke-s -r /? / tel'no 44,77v/77E7 LESSEE LESSOR NAME NAME • r&.6- AVe,4 ADDRESS ADDRESS • '724 std6ree Ave-- CITY • Nick Demos CITY • LelvtoNT7 IL, 604,37 451 N. Larkin Ave. Joliet, I1. 60435 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. LEASE COVENANTS AND AGREEMENTS 1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, utftil termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. 2. WATER, GAS AND ELECTRIC CHARGES. Lessee will pay, in addition to the rent above specified, .ai{- wetec.rrats, 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 bills for gas, electric light and power shall not be paid when due, Lessor shall have the right to pay the _ r 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. SUBLETTING; ASSIGNMENT. 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 writing 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. If Lessee, or any one or more of the Lessees, if there be more than one, shall make an assignment for the benefit of creditors, or shall be adjudged a bankrupt, Lessor may terminate this lease, and in such event Lessee shall at once pay Lessor a sum of money equal to the entire amount of rent reserved by this lease for the then unexpired portion of the term hereby created, as liquidated damages. 4. LESSEE NOT TO MISUSE. 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 allow the Premises to be used for any purpose that will increase the rate of insurance thereon(nor for any purpose other than that hereinbefore 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 prescribed 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 the building of which they are a part. 5. CONDITION ON POSSESSION. 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 are not herein expressed. 6. REPAIRS AND MAINTENANCE. 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 officers 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 term, 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, Lessor may enter the same, himself or by his agents, servants or employees, without such entering causing or constituting a termination of this lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor in thus replacing the Premises in that condition. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 7. ACCESS TO PREMISES. Lessee shall allow Lessor or any person authorized by Lessor 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 Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and "For Rent ", and Lessee will not interfere with the same. 8. NON - LIABILITY OF LESSOR. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down - spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Lessee, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight. trap -door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco, not for any damage or injury arising from any act, omission or negligence of co- tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for anv such damage or injury being hereby expressly waived by Lessee. Page 2 No. 9 -REC 9. RESTRICTIONS (SIGNS, ALTERATIONS, FIXTURES). Lessee shall not attach, affix or exhibit or permit to be attached, affixed or exhibited, except by Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writing or printing thereon, to any window, floor, ceiling, door or wail in any place in or about the Premises, or upon any of the appurtenances thereto, without in each case the written consent of Lessor first had and obtained; and shall not commit or suffer any waste in or about said premises; and shall make no changes or alterations in the Premises by the erection of partitions or the papering of walls, or otherwise, without the consent in writing of Lessor; and in case Lessee shall affix additional locks or bolts on doors or window, or shall place in the Premises lighting fixtures or any fixtures of any kind, without the consent of Lessor first had and obtained, such locks, bolts and fixtures shall remain for the benefit of Lessor. and without expense of removal or maintenance to Lessor. Lessor shall have the privilege of retaining the same if he desires. If he does not desire to retain the same, he may remove and store the same, and Lessee agrees to pay the expense of removal and storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade fixtures, equipment and movable furniture. 10. HEAT. Where building is equipped for the purpose, Lessor shall furnish to Lessee a reasonable amount of heat, from October 1st to May lst, whenever in Lessor's judgment necessary for comfortable use of the Premises, during customary business hours (excluding Sundays and holidays), but not earlier than 8 a.m. nor later than 6 p.m. unless specifically stated herein. Lessor does not warrant that heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control of Lessor, or by renewal or repair of the heating apparatus in the building. Any such interruption shall not be deemed an eviction or disturbance of Lessee's use and possession of-Premises, nor render Lessor liable to Lessee in damages. All claims against Lessor for injury or damage arising from failure to furnish heat are hereby expressly waived by Lessee. 11. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Lessor may, at his option. terminate this lease or repair the Premises within sixty days. If Lessor does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall cease and terminate. 12. TERMLNATEON; HOLDING OVER. At the termination of the term of this lease, by lapse of time or otherwise, Lessee will yield up immediate possession of the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will return the keys therefor to Lessor at the place of payment of rent. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within thirty days after termination of the term serve written notice upon Lessee that such holding over constitutes either (a) renewal of this lease for one year, and from year to year thereafter, • r ,: an 1, or (e) creation of a tenancy at sufferance, at . a rental of 50 , 0 0 • dollars per day, for the time Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at (c) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re -entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for a breach of any of the covenants herein. 13. LESSOR'S REMEDIES. If Lessee shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied for a period of ten days, or in case of the non - payment of the rent reserved hereby, or any part thereof, or of the breach of any covenant in this lease contained. Lessee's right to the possession of the Premises thereupon shall terminate with or (to the extent permitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by Lessee shall constitute a forcible detainer of the Premises; and if the Lessor so elects, but not otherwise, and with or without notice of such election or any notice or demand whatsoever, this lease shall thereupon terminate, and upon the termination or Lessee's right of possession, as aforesaid, whether this lease be terminated or not, Lessee agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever, and hereby grants to Lessor full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Lessee or any other person who may be occupying the Premises or any part thereof, and Lessor may use such force in and about expelling and removing Lessee and other persons as may reasonably be necessary, and Lessor may re- possess himself of the Premises as of his former estate, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this lease contained, to be performed by LesseerIseeeee- hereby Wbe-retitriTed by airy btatutc of this atatc Iclati116 lv The acceptance of rent, whether in a single instance or repeatedly, after it falls due. or after knowledge of No. 9 -REC Page 3 any breach hereof by Lessee, or the giving or making of any notice or demand, whether according to any statutory provision or not. or any act or series of acts except an express written waiver, shall not be construed as a waiver of Lessor's rights to act without notice or demand or of any other right hereby given Lessor, or as an election not to proceed under the provisions of this lease. 14. RIGHT TO RELET. if Lessee's right to the possession of the Premises shall be terminated in any way, the Premises, or any part thereof, may, but need not (except as provided by Illinois statute), be relet by Lessor, for the account and benefit of Lessee, for such rent and upon such terms and to such person or persons and for such period or periods as may seem fit to the Lessor, but Lessor shall not be required to accept or receive any tenant offered by Lessee, nor to do any act whatsoever or exercise any diligence whatsoever. in or about the procuring of any care or diligence by Lessor in the reletting thereof; and if a sufficient sum shall not be received from such reletting to satisfy the rent hereby reserved. after paying the expenses of reletting and collection, including commissions to agents, and including also expenses of redecorating. Lessee agrees to pay and satisfy all deficiency; but the acceptance of a tenant by Lessor. in place of Lessee, shall not operate as a cancellation hereof, nor to release Lessee from the performance of any covenant, promise or agreement herein contained, and performance by any substituted tenant by the payment of rent, or otherwise, shall constitute only satisfaction pro tanto of the obligations of Lessee arising hereunder. 15. COSTS AND FEES. Lessee shall pay upon demand all Lessor's costs, charges and expenses, including fees of attorneys, agents and others retained by Lessor, incurred in enforcing any of the obligations of Lessee under this lease or in any litigation, negotiation or transaction in which Lessor shall, without Lessor's fault, become involved through or on account of this lease. FESSION OF JUDGMENT. Lessee hereby irrevocably constitutes and appoints any attorney of any court of record in this State. to be d lawful attorney for him and in his name and stead, to enter his appearance in any suit • at may = time when any money is due hereunder for rent or o - - -, to waive the issuing of be brought in any court in this /� 1 process and service thereof and trial by jury or of nd to confess a jud_ . - • • gments for such money so due and for (3 t/ costs of suit and for reasonable attorney's fees in favor of Less. • elease all errors that may occur or intervene in such 4 proceedings, including the issuance of executio = y such judgment, and to s • • t - at no writ of error or appeal shall be prosecuted from such judgmen • • ents, nor any bill in equity filed, nor any proceedings o a • • ken in law or equity 767 to interfere in. • with the operation of such judgment or judgments or of execution issued thereon and to r that may immediately issue thereon. 17. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure the payment of all moneys due under this lease, which lien may be foreclosed in equity at any time when money is overdue under this lease; and the Lessor shall be entitled to name a receiver of said leasehold interest, to be appointed in any such foreclosure proceeding, who shall take possession of said premises and who may relet the same under the orders of the court appointing him. 18. REMOVAL OF OTHER LIENS. In event any lien upon Lessor's title results from any act or neglect of Lessee, and Lessee fails to remove said lien within ten days after Lessor's notice to do so, Lessor may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor in such behalf, including Lessor's costs, expenses and counsel fees. 19. REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, nor shall the right and power to confess judgment given in paragraph 16 hereof be deemed to be waived or terminated by the service of any five -day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named. the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Lessee's right to possession of the Premises. The Lessor may collect and receive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change. modify or alter any rights or remedies which Lessor may have by virtue hereof. 20. NOTICES. 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. MISCELLANEOUS. (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. U _neeesery-for the : .. - • • • • _ -if which_the.Premises are a part. Page 4 high rriny be No. 9 -REC (c) All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. (d) The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. (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. 22. SEVERABILITY. if any clause, phrase, provision or portion of this lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. LESSEE: (SEAL) LESSOR: Please print or type name(s) low signature(s). (SEAL) (SEAL) (SEAL) 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) (SEAL) (SEAL) GUARANTEE On this , 19 , 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. (SEAL) (SEAL) Page 5 (SEAL) (SEAL) No. 9 -REC State of Illinois, County of ss. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the same person —. whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that _ he IMPRESS signed, sealed and delivered the said instrument as free and voluntary act, for the uses SEAL and purposes therein set forth, including the release and waiver of right of homestead. HERE GIVEN under my hand and official seal this day of ,19 Commission expires , 19 Notary Public This document was prepared by (Name and Address) Mail to: (Name and Address) (City) (State) (Zip Code) Or Recorder's Office Box No. Legal Description: Permanent Real Estate Index Number(s) Address(es) of Real Estate: Page 6 No. 9 -REC Amendment to store lease between Lessee Nick Demos and Grace Gregorich and Lessor Gregg Vavra. Date of lease: 10 /1/98. Re: Paragraphl6. (rj# Lessor is responsible for all maintenance, repairs and replacement of heating, air conditioning, hot water and water and electrical service to the building, unless caused by the negligence of Lessee. `- /I ' � Para•ti.._• 16 This allows only less • • recover attorney's - costs. • •- fair, it should provide that in the - litigation, the prevailing party shall . recover his re- =•.ble attorney's fees and c - Lessee: ork to be done by Lessor is completed Rider to Lease 238 Main Street, First Floor, Lemont Illinois This rider shall be considered as part of the Lease agreement. LEASE COVENANTS AND AGREEMENTS, CONTINUED 23. PREMISES. The Premises shall include the principal first floor tenant area, as well as, the basement area. 24. TRASH, GARBAGE and RUBBISH. Lessee shall be responsible for the proper storage and removal of trash garbage and refuse generated within or in connection with the Premises. No material shall be stored in such a manner as to create noxious odors or to encourage vermin to congregate. Lessor reserves the right to enter and remove, from private or common areas, any such odorous or noxious materials. A service fee in the amount of $50.00, per occurrence shall be levied on Lessee and shall be paid to the Lessor within 30 days. Trash receptacles shall not remain on the Public sidewalk any longer than the minimum time necessary for disposal service removal. 25. SECURITY DEPOSIT. Lessee has this day deposited with the Lessor the sum of 50 ✓ Dollars a security for the full and faithful performance by the Lessee of all terms, covenants, agreements and rules and regulations of this lease upon the Lessee's part to be performed, which said sum shall be returned to the Lessee after the time fixed as the expiration of the term herein, provided the Lessee has fully and faithfully carried out all of said terms, covenants, agreements and rules and regulations on Lessee's part to be performed. In the event of a bona fide sale, subject to this lease, the Lessor shall have the right to transfer the security to the vendee for the benefit of the Lessee and the Lessor shall be considered released by the Lessee from all liability for the return of such security; and the Lessee agrees to look to the new Lessor solely for the return of said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new Lessor. The security deposited under this lease shall not be mortgaged, assigned or encumbered by the Lessee without the written consent of the Lessor. 26. OPTION FOR LEASE EXTENSION. The Lessor hereby grants the Lessee, for consideration of one (I) Dollar, the optio toe tend the lease term for an additional Sifia ear(s), from 1, %OOO , until .�D� JOOcLessee shall notify Lessor of the mtefition to extend the ase no later than 90 days efore the end of the lease term. The Option terms, covenants, agreements and rules and regulations shall be the same as the original lease, except that Lessor shall have the right to increase the monthly rent amount imerealaitaily to the extent that the real estate taxes have increased during the original lease term, or shall increase during the first year of the Optio . The t�n shall 55% of the tax increase. 26. OPTION FOR BUILD -OUT ALLOWANCES. Lessor shall at his option, provide allowances for interior finishes, interior building fixtures and other work in the amounts determined by Lessor. Lessee may choose to provide alternate interior finishes, interior building fixtures and other work, as approved by Lessor, for any such items not in progress or complete. Lessor shall distribute allowances to Lessee after such items are installed and complete, paid for and upon receipt of Waivers of Lien for such work. 27. LATE PAYMENT FEE. If Lessor does not pay rent on or before the first day of the month, but on or before the fifth day on the month, a late fee of $25.00 shall be due along with the rent, and a late fee of 850.00 shall be due along with the rent if rent is paid after the fifth day of the month. AMOUNT . Authorized0Ely Received By •