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R-384-95 10/23/951" VILLAGE OF LEMONT RESOLUTION NO. / DATE 70 -- 5— A RESOLUTION APPROVING VILLAGE PARTICIPATION OF DOWNTOWN PRIVATE SIGNAGE 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, Judith M. Poremba, as the property owner known as 315 Canal Street, has completed the Downtown Private Signage Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 315 Canal 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 315 Canal Street in accordance with the terms of the Downtown Private Signage Grant guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MMONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this c23 day of , 1995. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert AYES NAYS PASSED ABSENT r7 CHARLENE SMOLLEN, Village Clerk Approved by me this a3 day of Attest: , 1995. CHARD A. KW SNESKI, Village President CHARLENE SMOLLEN, Village Clerk Applicant Name: File Number: VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT GRANT APPLICATION Project Address(es): ,� � C L i F' a L T Building Owner: � o r. ,'� r,, Year Purchased: Store /Company Name: C- -A(;- LE Ti:A ,, \J e yi Pt i Name of Tenant: ;71‘,;),7 Lease Expiration Date: Applicant Name: (.;'-7?, r h N\ f?,-2 Ni 15 fi Applicant Business Address: ,31S L .� ; 12E E7 Applicant Business Phone: 7c,4' i - /V,..) Home Phone: ,jc i - - Applicant(s): Building Owner: t - ,ice i9,v' p Tenant: -i i �^ /'6 -mil CANAL PC0P�(.'i�ES Number of Signs (max. three): Total Anticipated Budget: Total Anticipated Grant Request: $ /,��'� - 9S" $ aS4).00 Description of Proposed Signage:* /X /0 5,94)6 - 264.4 Lc.'oo 8 EN / AJ Co LOi ‹ /07 iG ,v * Signage placement on buildng r6 AavWEEDY SignitAKRame, Ren SYS 13 1 1 (2) 0 Td1 C© IIIfl pally.e0 oc:),c). 10' rri r • r, • Applicant Name: c---As:/e,.5?'/.1s> 7-7,7,9 &L:6-- C'o File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST / / X /0 J./W) 8 LAS i E I, LIJoob S /�/0 // Z(f� • 9S- 1/ eO�vi' Ta 4 5 E /'JS' —z.-L4 �c.OSH 'o 601LplA.) 6- A)6'vvC STo ,e - zu/AJDo6OS otal Anticipated Grant Request: $ aSO c% .Sign Designer for the Project: Name: DoE /ioNC c/ S 7A./r/ RAM71, Us,9 Address: 9 is w _ is a/ez�tiD P/�, /L. 60 �6 2L Phone: 70 -6)33 0 Contractor for the Project: Name: ._low o A/LEA' /s%G-,vfl X IiM/9 / O,S, fi Address: 9d /GA , /S 7 oKt._6N -6 Pk., /L , 60514 .tom Phone: 7�A c 4-9 - 0330 Application will be reviewed by the Downtown Program Manager. Applicant Name: E s7 749410 c File Number: I, 1v b -r H /vi Po /ZE/>i 6,17 , 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 Signature Date Building Owner Please return the completed application to: Downtown Program Manager Village of Lemont 418 Main Street Lemont, IL 60439 ,30c7` Date If you need assistance with the application and/or have general inquiries, please contact the Downtown Program Manager at (708) 257 -6440. VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT, entered into this j day of O i o �a� /L , 19�}�between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: ��AiTN /V7 PoW. /1`I134 Owner's/Lessee's Name: Name of Business: EAGLES it,' ES T % e fi b i/V ednAA)/ Address: ,315 LAN/) L ,S i WE� City: L6740A) 7' State: iL Zip Code: &O 4/3 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: 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 $ 0,5-0,o0. The signage design and procurement costs which are eligible for VILLAGE participation include all labor, materials, equipment 2 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: 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: The Downtown Program Manager 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: 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 3 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: 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: 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 4 undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Downtown Program Manager, and any additional review body or commission designated by the Manager, 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: 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: 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. 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. 5 SECTION 10. 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. SECTION 11. 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 6 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 12: It is agreed that exhibits I through V shall be considered part of this agreement. 7 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS/LESSEE cYr .cy,te.„4„, DMC— Program Participant DATE: e)(2-7 JAS 4»cP& , / Aa/ae -,74k, Property Owner DATE: 3 'd€ 5— ‘„, 8 VILLAGE OF LEMONT DATE: Village President illage Clerk DATE: /7 — —� EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV SIGNAGE PLANS EXHIBIT V CONTRACTOR'S AGREEMENT NAME 6.-_,<t 2(.6' ✓ epei4[- y.. u 6.0,09 TELEPHONE ( 1 WIC" ADDRESS FAX ( ) ORDERED BY N/ 110 (CUSTOMER ORAUriOF'ZED t1T) 1 SUBSTRATE /VINYL 1 INVOICE 0 N °_ 419 7 PURCHASE ORDER 0 DATE ORDERED- MTWTFS DATE DUE. MTWTFS DATE BILLED 1 1 o PICK -UP G CWR J MKT 0 REPEAT 0 ADV. SHIP 0 WI O YP O MAILING LI REFERRED BY JOB 130X N 9. • i 2 1 g/- titl AM Pd A- Acrylic S- S(ntrs 0-Opaque Color W -Wood M- Magnetlo EB- Economy Banner F -Foam /Artoore 8- Banner L- Legend T -Trans M•Metallic R- Reflective P -Paper Sign 1.1 TYDestyle(5) _ L/C _ U/LC V- Vehicle Graphic WWindow Graphic X -Other WEED NC) RO NU RU NU Rp NG R BU Bc Bp B3 APPLICATION: 1st Surface D 2nd Surface C7 APPLICATION: SHOP CUSTOMER CD LOGO REPRODUCTION Yes No 0 Existing 0 PROOF REQUIRED: YES E.) NO 0 SKiN•TVAI SPECIAL INSTRUCTIONS 02 /X /O) SA)4 e.eet ti s' fr", rev J r.J'�� AMOUNT MOUNT [EC1AL INSTRUCTIONS AMOUNT 1 AMOUNT' AII! signs remain the property of Speedy Sign -A -Rama USA until paid for In full, 50% deposit required on a orders. Balance due on completion. ACCEPTED SALESPER DATE / / DEPOSIT CHECK I: BALANCE CHECK O. 9212 W. 159TH ST., ORLAND PARK, IL 60462 (708) 349 -0301 • FAX (708) 349 -0330 — a �.•••■ wu • YC 010MT_ WHITE YELLOW PINK GOLDENROD • Customer • Record • Cust. File • Schedule ,3� .. U SUBTOTAL ' / j Lf TAX /yf( TOTAL Oz' �0 DEPOSIT C713‘ BALANCE NAME ADDRESS CITY • STORE LEASE 4REPLACIS FORMS 9 7L 9 -8) DATE CIF LEASE No. 9 FEBRUARY. 1988 STORE LEASE CAUTION: Coneou s lawyer before asap or soling weer this loom. Wollner the pueeen., nor rho seller of MMN form makes eny we renfy wen respect thereto. bcluabg eny werrenly el mercnWNeWrl y or fitness bra nankeen purpose. TERM OF LEASE 13 FEBRUARY 95 Location of Premises, GEORGE E. COLE• LEGAL FORMS MONTHLY RENT BEGINNING - ENOING $1,000.00 15 MARCH 95 31 MARCH 97 $1,000.00 SECURITY DEPOSIT 315 CANAL STREET STOREFRONT LEMONT, IL 60439 Purposes STORE FOR SELLING EASTERN EUROPEAN IMPORTS AND GIFTS LESSEE EAGLES NEST TRADING COMPANY • JUDY POREMBA, PRESIDENT ▪ 12347 LAKEVIEW COURT ORLAND PARK, IL 60462 ' 708 -301 -4221 NAME ADDRESS CITY LESSOR • CANAL PROPERTIES CORPORATION . 115 STEPHEN STREET LEMONT, IL 60439 • 708- 563 -4625 (LOREN D. JAHN) In consideration of the mutual covenants and agreements herein stated, Lessor hereby, leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises "), together with the appur- tenances thereto, for the above Term. ADDENDUM "A" TO THIS AGREEMENT IS ATTACHED AND MADE PART OF THIS AGREEMENT. RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the suns stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. WATER, 2. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and GAS AND power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted, ELECTRIC and in case said water rents and bills for gas, electric light and power shall not be paid when due, Lessor CHARGES shall have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter. 3. The Premises shall not be sublet in whole or in part to any person other than Lessee, and Lessee shall not assign this lease without, in each case, the consent in 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 adsertisiag the same in any newspaper or pynce 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 he more than one, shall make an assignment for the benefit of creditors, or shall he adjudged a bankrupt, Lessor may terminate this lease, and in such event Lessee shall at once pay Lessor a slim 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. 1.which consent shall not be unreasonably withheld. LESSEE NOT 4. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent, TO MISUSE 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 pur- pose 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 pre- scribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. • CONDITION 5. Lessee has examined and knows the condition of the Premises and has received the same in good ON order and repair, and acknowledges that no representations as to the condition and repair thereof, and no POSSESSION 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. REPAIRS AND 6. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, MAINTE- and in good repair. all according to the statutes and ordinances in such cases made and provided, and the NANCE 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 he kept in good repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same, himself or oy his agents, servants or employes, 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. ACCESS TO 7. Lessee will allow Lessor or any person authorized by Lessor free access to the Premises for the PREMISES 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. . NON - 8. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to LIABILITY him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for OF LESSOR 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 brokan 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 SUBLETTING: ASSIGNMENT CONFESSION 16. Lessee hereby irrevocably constitutes and appoints any attorney of any court of record 01 this OF . t State, to be his true and lawful attorney for him and in his name and stead, to'enter his appearance in any JUDOMEN1 suit or suits that may be brought in any court in this State at any timc when any money is due hereunder for • rent or otherwise, to waive the issuing of process and service thereof and trial by jury or otherwise, and to confess a judgment or judgments for such money so due and for costs of suit and for reasonahle attorney's fees in favor of Lessor, and to release all errors that may occur or intervene in such proceedings, including the issuance of execution upon any such judgment, and to stipulate that no writ of error or appeal shall be prosecuted from such judgment or judgments, nor any bill in equity filed, nor any proceedings of any kind taken in law or equity to interfere in any way with the operation of such judgment or judgments or of execu- tion issued thereon and to consent that execution may immediately issue thereon. 17. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure thc payment of all moneys due under this lease, which lien may be foreclosed in equity at any time when money is overdue under this (ease; and the Lessor shall be entitled to name a receiver of said leasehold interest, to be ap- pointed 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. LESSOR'S LIEN • REMOVAL OF OTHER LIENS REMEDIES NOT EXCLUSIVE NOTICES MISCELLA- NEOUS SEVER - ABILITY I R. 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, ex- penses and counsel fees. 19. 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 he 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 re- ceive 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 may be served on either party, at the respective addresses given at the beginning of this lease, either (a) by delivering or causing to he delivered a written copy thereof, or (b) by sending a written copy thereof by United States certified or registered nail, postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall he deemed to have been served at the time the copy is mailed. 21. (a) Provisions typed on this lease and all riders attached to this lease and signed by Lessor and Lessee are hereby made a part of this lease. (b) Lessee shall keep and observe such reasonahle rules and regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care of the building of which the Premises are a part. (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 he described as Lessor or Lessee herein. and the necessary grammatical changes shall he 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. 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 thc parties hereto, as of the Date of Lease stated above. ,91/). Yrt,�5.��,,rr ' -{�v (SEAL) LOREN D. JAHN, PRESIDENT JUDITH M. POREMBA, PRESIDENT �_.__.._. ... .... ... _.__. _ (SEAL) .. (SEALI EAGLE'S NEST TRADING CO. CANAL PROPERTIES CORPORATION DIV. OF TOONERVILLE ANIMATIONS, INC. .... ......_._..._ (SEAL ._. ..._.�._. _.__. _ .__._ (SEAL) Ilessorl �- (Lessee) ASSIGNMENT BY LESSOR On thisAff ,..__ _ ___ 19 for value received. Lessor hereby transfers, assigns and sets over to _., all right, title and interest in and to the above Lease and the rent thereby reserved, except rent due and payable prior to 19 — (SEAL) .(SEAL) GUARANTEE On this_ ._ —. _ ., in consideration of Ten Dollars ($10001 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, Lessees heirs, executors, administrators, successors or assigns of all covenants and agreements of the above lease. NOTE: Use Form Number 12 -1P for assignment by Lessee. (SEAL (SEAL) STORE LEASE AMENDMENT WHEREAS, Lessor, Canal Properties Corporation, 115 Stephen Street, Lemont, Illinois 60439, Loren D. Jahn, and Lessee, Eagle's Nest Trading Company, Judy Poremba, President, 12347 Lakeview Court, Orland Park, IL 60462, executed a Lease dated February 13, 1995 for certain Premises known as Storefront, 315 Canal Street, Lemont, Illinois 60439. Said lease consists of two pages supplemented by addendum "An. WHEREAS, The Lessor and the Lessee wish to add more space to the Leased Premises; NOW THEREFORE, In consideration of the mutual covenants hereinafter contained, the Lessor and the Lessee agree with each other as follows: 1. The Leased Premises described in the Lease shall be enlarged to include a rear storage room consisting of approximately 400 square feet. 2. The additional rent for the added premises shall be at the rate of $230.00 per month starting on June 15, 1995 and ending on March 31, 1997 3. The rent for the entire Leased Premises shall be $1,230.00 per month including the increase ($41.00 per day). 4. All other terms and conditions contained in the above described Store Lease shall apply in full to the additional space. Lessor Canal Properties Corporation Loren D. Jahn 115 Stephen Street Lemont, IL 60439 6/7/95 L see Eagle's Nest Trading Company Judy Poremba, President 12347 Lakeview Court Orland Park, IL 60462