R-54-99 Approving Village Participation of Downtpwn Private Signate Grant ProgramVILLAGE OF LEMONT
RESOLUTION NO.r — 5'9
DATE: � -11 -
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, Brian Brandt, as the lessee of the property known as 111 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 111 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 Private Signage Grant Agreement attached for 111 Stephen 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 9thday of August , 1999
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
1-7
v
v
v
CHARLENE SMOLI:N, Village Clerk
Approved by me this 9 thday of Augus t
,19 99
RICH RD A. K NESKI, Village Pres s nt
— LayolV cagiote-1
LENE SMOLLEN, Village Clerk
Approved . to Form:
Village Attorney
Applicant Name:
File Number:
VILLAGE OF LEMONT
PRIVATE SIGNAGE IMPROVEMENT
GRANT
APPLICATION
Project Address(es): 111 57ephg.,u srr.
Building Owner: LAUerA Year Purchased:
Store /Company Name: B »tn- ceLLArts ervars, JA (..
Name of Tenant: SAKe Lease Expiration Date: 04/-6 / • D /
Applicant Name: T C
Applicant Business Address: /1! srePy „,v
Applicant Business Phone: 630 .ts07.4b38 Home Phone: 43o ...z57- 2635
Applicant(s): Building Owner: Tenant:
Number of Signs (max. three):
Total Anticipated Budget: $ 2,75'D.00
Total Anticipated Grant Request: $ , S0,”
2
Description of Proposed Signage:*
Sta. I - aieD
* Signage placement on building
Applicant Name: BYLWDTCec.t.412S
File Number:
PICTURE OF STORE FRONT AND PLACEMENT OF SIGNAGE ON STOREFRONT:
Sae Air -4ec LAyocrr
8 1/2" X 10" PHOTO
Applicant Name: f3t1wareeLc.A.E5
File Number:
BUDGET
(anticipated)
ACTIVITY
ESTIMATED COST
Sur &VUVy - &o G P
1 - 3 xiz ReOcinno - Eur, -4veD
l Soo.00
1- 3x7
9s0•o0
Total Anticipated Grant Request: $
Sign Designer for the Project:
Name: C3 5"/6'/S
Address: w U. J'egieerso.UST
Phone: .T Lier /G. 604€3 S"
Contractor for the Project:
Name:
Address:
Phone:
6AMe AS ABove
?is'- 7.25 - q 1 q0
Application will be reviewed by the Economic Development Coordinator, Building
Department and Community Development Director.
Applicant Name: &War ,es
File Number:
I, 8iP,ZU,c' L i g€( , hereby make application to the Village of Lemont for
a Private Signage Improvement Grant in the anticipated amount of $
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.
A plicant Signatur
Building Owner
Please return the completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439
Date
vat D
If you need assistance with the application and/or have general inquiries, please contact the
Economic Development Coordinator at (630) 257 -6440.
VILLAGE OF LEMONT
PRIVATE SIGNAGE IMPROVEMENT PROGRAM
AGREEMENT
THIS AGREEMENT, entered into this 3 d day of 01/4).e , 191Z 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: 2A9/,4tj &emu Or
Name of Business: ge4tor C'eccA*es hase'e /4rro c%4L
Address:
1/1 Sreph e-u Sr•
City: ke tcanir State: fG . Zip Code: G o y3 9
WITNES SETH
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 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 Two Hundred Fifty Dollars ($250) per sign. The actual
amount per this agreement shall not exceed $ a50 . 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 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
3
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 Two Hundred Fifty Dollars ($250) 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 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
4
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.
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
5
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 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
6
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.
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.
7
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.
8
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
date first appearing above.
OWNERS/LESSEE
i I.
., _ ■ / ../1
rogram Part' 'pant
DATE: c-3o . y $'
VILLAGE OF LEMONT
ATTEST:
Property Owner Village Clerk
DATE: l%d/ j7 DATE: eF -'j -9
Form Rev. 5/96
9
EXHIBITS
EXHIBIT I PROOF OF OWNERSHIP
EXHIBIT II EXECUTED LEASE
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV SIGNAGE PLANS
EXEIIBIT V CONTRACTOR'S AGREEMENT
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BUILDINGS LOCATED AS SHOWN THIS
28th DAY OF SEPTEMBER, 1990
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FOR BUILDING LINE AND OTHER RESTRICTIONS NOT SHOWN HEREON REFER
10 YOUR ABS TRACT, DEED,ZattRAC;IS N0,2CINING ORDINANCES
STATE OF ILLINOIS
COUNTY OF WILL
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Parties
Premises
Term
Rent
Payment of
Rent
Peaceful
Possession
Purpose
Default in Pay-
ment of Rent
Abandonment
of Premises
Re -entry and
Reletting by
Landlord
Tenant Liable
for Deficiency
Lien of
Landlord to
Secure
Performance
Attorney's Fees
Subletting and
Assignment
Condition of
Premises,
Repairs
A 880 -Leue of Buskins P,embeo
Mfjifi bale, dated the
Between
JULIUS BLU N•eeG. INC.. LAW BLANK PUSU
day of ,qPrIL 1998
/L ,E L M / A) E 2./7g Er4 hereinafter referred to as the Landlord, and
/3 '/itA/ ft Dr
8EAA✓DT CELLARS S /n/T /N6.1
WITNBSSETH: That the Landlord hereby demises and leases unto the Tenant, and the Tenant hereby
hires and takes from the Landlord for the ter and upon the rentals hereinafter specified, the premises
described as follows, situated in the Al W /V of ,L ,E h1 O A/7--
County of C .0o and State of / L,
hereinafter referred to as the Tenant,
The term of this demise shall be for — /RS' ,c /
beginning
171// 19 ?and ending '9 // -
The rent for the demised term shall be
(1 9 � 0 : o 0 ) , t.thE-yearly-rate-of.
p.L O 0 0 o 5,E c v e f r Y /), Po s i r
The said rent is to be payable monthly in advance on the first day of each calendar month for the
term hereof, in instalments as follows:
V.3-0,00
at the office of
or as may be otherwise directed by the Landlord in writing.
THE ABOVE LETTING IS UPON THE FOLLOWING CONDITIONS:
First.—The Landlord covenants that the Tenant, on paying the said rental and performing the covenants and
conditions in this Lease contained, shall and may peaceably and quietly have, hold and enjoy the demised premises for
the term aforesaid.
Second. —The Tenant covenants and agrees to use the demised premises as a �-
,e47-/? /L S TOR E —
and agrees not to use or permit the premises to be used for any other purpose without the prior written consent of the
Landlord endorsed hereon.
Third. —The Tenant shall, without any previous demand therefor, pay to the Landlord, or its agent, the said rent
at the times and In the manner above provided. In the event of the non - payment of said rent, or any Instalment thereof,
at the times and in the manner above provided, and It the same shall remain in default for ten days after becoming due,
or it the Tenant shall be dispossessed for non- payment of rent, or If the leased premises shall he deserted or vacated, the
Iandlord or Its agents shall have the right to and may enter the said premises as the agent of the Tenant, either by force
or otherwise, without being liable for any prosecution or da mitges therefor, and may relet the premises as the agent of
the Tenant, and receive the rent therefor, upon such terms as shall be satisfactory to the Landlord, and all rights of the
Tenant to repossess the premises under this lease shall he forfeited. Such re -entry by the Landlord shall not operate
to release the Tenant from any rent to be paid or covenants to be pwrfornued hereunder otin•ing the full term of this
lease. For the purpose of reletting, the landlord shall be authorized to make such repairs or alterations In or to the
leased premises as may be necessary to place the sans in good order and condition. The Tenant shall he liable to the
Landlord for the cost of such repairs or alterations, and all expenses of such reletting. If the sum realized or to be
realized from the reletting Is insufficient to satisfy the monthly or terra rent provided in this lease, the Landlord, at its
option, may require the Tenant to pay such deficiency month by month, or may hold the Tenant in advance for the entire
deficiency to be realized during the term of the reletting. The Tenant shall not he entitled to any surplus accruing as a
result of the reletting. The Landlord is hereby granted it lien, in addition to any statutory lien or right to distrnin that
may exist, on all personal property of the Tenant in or upon the demised premises, to secure payment of the rent and
performance of the covenants and conditions of this lease. The Landlord shall have the right, as agent of the Tenant,
to take possession of any furniture, fixtures or other personal property of the Tenant found in or :dwelt the premises,
and sell the same at public or private sale and to apply the proceeds thereof to the payment of any monies becoming
due under this lease, the Tenant hereby waiving the benefit of all laws exempting property front execution, levy and
sale on distress or Judgment. The Tenant agrees to pay, as additional rent, all attorney's fees and other expenses
incurred by the Iandlord in enforcing any of the obligations under this lease.
Fourth, —The Tenant shall not sub -let the demised premises nor any portion thereof, nor shall this lease be as-
signed by the Tenant without the prior written consent of the Landlord endorsed hereon.
Fifth.. —The Tenant has examined the demised premises, and accepts them In their present condition (except as
otherwise expressly provided herein) and without any representations on the part of the Landlord or its agents as to
the present or future condition of the sniff premises. The Tenant shall keep the demised premises in good condition, and
shall redecorate, paint and renovate the said premises as May be necessary to keep them In repair and good appearance.
The 'tenant shall quit and surrender the premises at the end of the demised term in as good condition as the reasonable
use thereof will permit. The Tenant shall not make any alterations, additions, et' improvements to swill premises without the
Alterations and
Improvements
Sanitation,
Inflammable
Materials
Sidewalks
Mechanics'
Liens
Glass
Liability of
Landlord
Services and
Utilities
Right to Inspect
and Exhibit
Damage by Fire,
Explosion,
The Elements or
Otherwise
Observation
of Laws,
Ordinances,
Rules and
Regulations
Signs
Subordination
to Mortgages
and Deeds
of Trust
Sale of
Premises
Rules and
Regulations of
Landlord
Violation of
Covenants,
Forfeiture of
Lease, Re -entry
by Landlord
Non - waiver
of Breach
prior written consent of the Landlord. All erections, alterations, additions and Improvements, whether temporary or per-
manent In chnracter, which may be made upon the premises either by the Landlord or the Tenant, except furniture or
movable trade fixtures installed at the expense of the Tenant, shall be the property of the Landlord and shall remain
upon and be surrendered with the premises as a part thereof at the termination of this Lease, without compensation to
the Tenant. The Tenant further agrees to keep said premises and all parts thereof in a clean and sanitary condition
and free from trash, inflammable material and other objectionable matter. If this lease covers premises, all or n part
of which are on the ground floor, the Tenant further agrees to keep the sidewalks in front of such ground floor portion
of the demised premises clean and free of obstructions, snow and ice.
Si.rfh. —In the event that any mechanics' lien is filed against the premises as a result of alterations, additions or
improvements made by the Tenant, the Landlord, at its option. after thirty days' notice to the Tenant, may terminate
this lease and may pay the saki lien, without Inquiring into the validity thereof, and the Tenant shall forthwith reim-
burse the Landlord the total expense incurred by the Landlord in discharging the said Lien, as additional rent here-
under.
Screnfh.. —The Tennnt agrees to replace at the Tenant's expense any and all glass which may become broken in
and on the demised premises. Fite glass and mirrors, If any, shall be insured by the Tenant at their full insurable
value in a company satisfactory to the Landlord. Said policy shall be of the full premium type, and shall be deposited
wittt the Landlord or its agent.
Eighth.—The Landlord shall not be responsible for the loss of or damage to property, or injury to persons, occur-
ring In or about the demised premises, by reason of any existing or future condition, defect, mntter or thing in said de-
mised premises or the property of which the premises are a part, or for the acts, omissions or negligence of other
persons or tenants in and about the sn ld property. The Tenant agrees to indemnify and save the Landlord harmless
fr toll claims :tad liability for losses of or change 10 properly, or lu.lnrles 111 I001s011s ocrurriug in or 0110111 the 111.-
11115011 premises.
Nita/I.—Utilities and services furnished to the demised premises for the benefit of the Tenant shall be provided
and paid for as follows: water by the%vA l/f%LORD; gas by the h. /9 Ang0R4 electricity by the T�/1//¢A'%;
heat by the L AND).o K l7 ; refrigeration by the T- ,+JR - /UT ; hot water by the •
4.14 N 01-0 n 0 •
The Landlord shall not be liable for any Interruption or delay in any of the above services for any reason.
Tenth. —The Landlord, or its agents, shall have the right to enter the demised premises at reasonable hours in
the day or night to examine the same, or to run telephone or other wires, or to make such repairs, additions or altera-
tions as it shall deem necessary for the safety, preservation or restoration of the improvements, or for the safety or
convenience, of the occupants or users thereof (there being no obligation, however, on the part of the Landlord to make
any such repairs, additions or alterations), or to exhibit the same to prospective purchasers and put upon the premises
a suitable "Juror Sale" sign. For three months prior to the expiration of the demised term, the i.:undlord, or its agents,
may similarly exhibit the premises to prospective tenants, and may place the usual -Jr,. Let" signs thereon.
h'tercnth. —in the event of the destruction of the demised premises or the building containing the said premises
by fire, explosion, the elements or otherwise during the term hereby created, or previous thereto, or such partial de-
struction thereof as to render the premises wholly untenantable or unfit for occupancy, or should the demised premises
be so badly Injured that the same cannot he repaired within ninety days from the happening of such injury, then and in
such case the term hereby created shall, at the option of the Landlord, cease and become null and void front the date
of such damage or destruction, and the Tenant shall immediately surrender said premises and all the Tenant's interest
therein to the Landlord, and shall pay rent only to the time of such surrender, in which event the Landlord may re-
enter :nd re- possess the premises thus discharged from this lease and may remove all parties therefrom. Should the
demised premises be rendered untenantable and unfit for occupancy, but yet be repairable within ninety days from the
happening of said injury, the Landlord may enter and repair the saute with reasonable speed, and the rent shall not
accrue after said injury or while repairs are being made, but shall recommence immediately after said repairs shall be
completed. But if the premises shall be to slightly Injured as not to be rendered untenantable and unfit for nreupaney,.
then the Landlord agrees to repair the same with reasonable pt•ontptness :11111 ill 11111t ease the rent accrued and accruing
shall not cease or determine. The Tenant shall immediately notify the Landlord in case of lire or 011101* damage to the
premises.
Twelfth. —The Tenant agrees to observe and comply with all haws, ordinances, rules and regulations of the Fed-
eral, State, County and Municipal authorities applicable to the business to be eorulueted by the 'Tenant In the demised
premises. 'fhe'l'ennnt agrees not to do or permit anything to be done in said lu'etlliSea, or keep nnything therein, which
will increase the rate of fire insurnnee premiums on the improvements or any part thereof, or on property kept therein,
or which will obstruct or interfere with the rights of other tenants, or conflict with the regulations of the Dire De-
partment or with any insurance policy upon said improvements or any part thereof. In the event of any inrrense in
insurance pretntunus resulting from the Tenant's occupancy of the premises, fir from any art or nuiissioa ton the 111 111 of
the 'Tenant, the Tenant agrees to pay said increase in Insurance premiums on the improvements or contents thereof as
additional rent.
Thirteenth. —No sign, advertisement or notice shall be affixed to or placed upon any part of the demised premises
by the Tenant, except in such manner, and of such size, design and color as shall be npproved in advance in writing by
the Landlord.
Fourteenth. —This lease is subject and Is hereby subordinated to nil present and future mortgages, deeds of trust
anti other encumbrances affecting the demised premises or the property of which said premises are a part. The Totant
agrees to execute, at no expense to the Landlord, tiny instrument which may be deemed mwrssary- or desirable by the
Imndlord to further effect the subordination of this lease to any such mortgage, deed of trust or encumbrance.
Fifteenth. —In the event of the sale by the Landlord of the demised premises, or the properly of w'hic'h said
premises are a part, the Landlord or the purchaser may terminate this lease on the thirtieth day of April In any year
upon giving the Tenant notice of such termination prior to the first day of January in the saline year.
Si.rtrenth.—The rules and regulations regarding the demised premises, affixed to this lease, If any, a9 well as any
other and further reasonable rules and regulations which shall be made by the Landlord, shall be observed by the Ten-
ant and by the Tenant's employees, agents and customers. 'rhe Landlord reserves the right to rescind any presently exist-
ing rules applicable to the demised premises, and to make such other and further reasonable rules and regulations as in
its .Judgment, may from time to time be desirable for the safety, care :mad cleanliness of the premises, and for the preser-
vation of good order therein, which rules, when so made and notice thereof given to the Tenant, shall have the same
force and effect as If originally made a part of this lease. Such other and further rules shall not, however, be incon-
sistent with the proper and rightful enjoyment by the Tenant of the demised premises.
Screntcrnth. -1n case of violation by the Tenant of any of the covenants, agreements and conditions of this tense,
or of the rules and regulations now or hereafter to be reasonably established by the Landlord, and upon failure to dis-
continue such violation within ten days after notice thereof given to the Tenant, this lease shall thenceforth, at the
option of the Landlord, become null and void, and the Landlord may re -enter without further nutter or 110111111111. The
rent in sutell case shall become due, be apportioned and paid on and up to the day of such re- entry, and the Tenant shalt
be liable for all loss or damage resulting from such violation as aforesaid. No waiver by the Landlord of any violation
or breach of condition by the Tenant shall constitute or be construed as it waiver of any other violation or breach of
condition. nor shall lapse of time after loreaelt of condition by IheTenant before the Landlord shall ext't'cise lIs opllun
under this paragraph operate to defeat the right of the Landlord 10 declare this lease null and void and to re -enter upon
the demised premises after the said breach or violation.
Notices
Bankruptcy,
Insolvency,
Assignment for
Benefit of
Creditors
Holding Over
by Tenant
Eminent
Domain,
Condemnation
Security
Arbitration
Delivery of
Lease
Lease
Provisions Not
Exclusive
Lease Binding
on Heirs,
Successors, Etc.
Flighteenth. —All notices and demands, legal or otherwise, Incldentat to tills hlaae, or 1150 asxmpauua ut 5.555' aWW&Wu
premises, shall be in writing. If the Landlord or Its agent desires to give or serve upon the Tenant any notice or de-
mand, it shall be sufficient to send a copy thereof by registered mail, addressed to the Tenant at the demised premises,
or to leave copy thereof with a person of suitable age found on the premises, or to post a copy thereof upon the door to
said premises. Notices from the Tenant to the Landlord shall be sent by registered mail or delivered to the Landlord
at the place hereinbefore designated for the payment of rent, or to such party or place as the Landlord may from time
to time designate In writing.
Ninelernth. —it Is further agreed that If at any time during the term of this tense the Tenant shalt make any
nssignmu•nt for the benefit of creditors, or be decreed insolvent or bankrupt according to law, or If a receiver shall be
appointed for the Tenant, then the Landlord may, at its option, terminate this lease, exercise of such option to be evi-
denced by notice to that effect served upon the assignee, receiver, trustee or other person In charge of the liquidation of
the property of the Tenant or the Tenant's estate, but such termination shall not release or discharge any payment of
rent payable hereunder and then accrued, or any liability then accrued by reason of any agreement or covenant herein
contained on the part of the Tenant, or the Tenant's legal representatives.
Ttrcntielh. —in the event that the Tenant shall remain In the demised premises after the expiration of the term of
this tense without having executed n new written lease with the Iandlord, such holding over shall not 'constitute n re-
newal or extension of this lease. The Landlord may, at its option, elect to treat the Tenant as one who has not removed
at the end of his term, and thereupon be entitled to all the remedies against the Tenant provided by haw in that sitmntion,
or the landlord may elect, nt its option, to construe such holding over as a tenaney from month to month, subject to an
the terms and conditions of this lease, except as to duration thereof, and in that event the Tenant shall pny monthly
rent in advance at the rate provided herein as effective during the last month of the demised term.
Twenty - first. —If the property or any part thereof wherein the demised premises are located shall be taken by
public or quasi - public authority under any power of eminent domain or condemnation, this lease, at the option of the
Landlord, shall forthwith terminate and the Tenant shall have no claim or Interest in or to any award of damages for
such taking.
Twcnty- second. —The Tenant has this day deposited with the Landlord the sum of $ as security
for the full and faithful performance by the Tenant of all the terms, covenants and conditions of this lease upon the
Tenant's part to be perforated. which said sum shall he returned to the Tenant after the time fixed as the expiration of
the term herein. provided the Tenant has fully and faithfully carried out all of said terms, covenants and conditions 015
Tenant's part to be performed. in the event of a bona fide sale, subject to this lease, the Landlord shall have the right
to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be eonsidereal released by the
Tenant from all liability for the return of such security; and the Tenant agrees to look to the new Landlord solely for the
return of the said security, and it is agreed that this shall apply to every transfer or assignment made of the security
to is new Landlord. The security deposited under this lease shall not be mortgaged, assigned or encumbered by the Ten-
ant without the written consent of the Landlord.
Twenty- third.—Ally dispute arising under this lease shall be settled by arbitration. Then Landlord and Tenant
shall each choose an arbitrator, and the two arbitrators thus chosen shall select a third arbitrator. The findings and
award of the three arbitrators thus chosen shall be final and binding on the parties hereto.
Twenty-fourth.—No rights are to be conferred upon the Tenant until this lease has been signed by the Landlord,
and an executed copy of the lease has been delivered to the Tenant.
Twenty-lyth. —The foregoing rights and remedies are not intended to be exclusive but as additional to all rights.
and remedies the Landlord would otherwise have by law.
Twenty - sixth. —All of the terns, covenants and conditions of this lease shall inure to the benefit of and he binding
upon the respective heirs, executors, administrators, successors and assigns of the parties hereto. However, in the event
of the death of the Tenant, If an individual, the Landlord may, at its option, terminate this lease by notifying the execu-
tor or administrator of the Tenant at the demised premises.
Twenty- aeventh. —This lease and the obligation of Tenant to pny rent hereunder and perform all of the other cov-
enants and agreements hereunder on part of Tenant to be performed shall in nowise be affected, impaired or excused
because Landlord is unable to supply or is delayed In supplying any service expressly or impliedly to be supplied or is
unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unnhle to supply or Is
delayed In supplying any equipment or fixtures if Landlord is prevented or delayed from an doing by reason of govern-
mental preemption in connection with the National Emergency declared by the !'resident of the United States or In
connection with any rule, order or regulation of any department or subdivision thereof of any governmental agency or
by reason of the conditions of supply and demand which have been or are affected by the war.
f. A) T /4161eA/1SL.
TwcmeN- cigleth. —This instrument may not be changed orally. •-'
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IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the day and
year first above written.
Witness: 1. C- EAL) ='�"
l�'� 1 La lord � ,
By
GUARANTY
111 consideration of the execution of the within lease by the Landlord, at the request of the undersigned and in
reliance of this guaranty, the undersigned hereby guarantees unto the Landlord, its successors and assigns, the prompt
payment of all rent and the performance of all of the terms, covenants and conditions provided in said lease, hereby
waiving all notice of default, and consenting to any extensions of time or changes in the manner of payment or perform-
ance of any of the terms and conditions of the said lease the Landlord may grant the Tenant, and further consenting to
the assignment and the successive assignments of the said lease, and any modifications thereof, including the sub - letting
and changing of the use of the demised premises, all without notice to the undersigned. The undersigned agrees to pay
the Landlord all expenses incurred in enforcing the obligations of the Tenant under the within lease and in enforcing
this guaranty.
Witness • ( SEAL)
Dale'
4 /fctN /3X/9/t/U r
0
fn
ASSIGNMENT AND ACCEPTANCE OF ASSIGNMENT
For value received the undersigned Tenant hereby assigns all of said Tenant's right, title and interest 1 nd to
the hin lease from and after unto
heirs, succe rs, and assigns, the demised premises to be used and occupied for
and for no other purpose, it • ng expressly agreed
that this assignment - all not in any manner relieve the undersigned assignor from liability u. , • any of the covenants
of this lease.
Witness:.......... »....__ _— ...._._. ._ (SEAL)
(SEAL)
(SEAL)
Date •
In consideration of the above assignmen and the written consent of t Landlord thereto, the undersigned assignee,
hereby assumes and agrees from and after to make all payments and
to perform all covenants and conditions provided in within lea •y the Tenant therein to be made and performed.
Witness •
Date : ............. _..__.....
_._
(SEAL)
(SEAL)
CO • SENT TO ASSIGNMENT
The undersigned Landlord hereby co nts to the assignment of the within le to
on the express conditions that the ori_'•al Tenant
, the assignor, herein, shall remain liable for the promp •ayment of the rent
and the performance of the co nants provided in the said lease by the Tenant to be made and perfo • ed, and that no
further assignment of said 1 se or sub - letting of any part of the premises thereby demised shall be ra •e without the
prior written consent of t undersigned Landlord.
Date •
By
Landlord