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6.6 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT 137 WEST PROSPECT AVENUE (PZ-05-23)
Subject Motion to waive the rule requiring two readings ofanordinance and adopt ORDINANCE GRANTING . CONDITIONAL USE TO OPERATE c PROSPECTMASSAGE THERAPY ESTABLISHMENT AT 137 WEST 1 Meeting August 15, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Budget Source Category CONSENT AGENDA Type Consent Information The petitioner (Splendid Day Spa Inc) proposes to operate a 1,048 -square -foot day spa at the subject property, offering therapeutic massage services in addition to facials, waxing, and nail services. The petitioner has practiced as a licensed esthetician for 17 years and intends to hire a licensed massage therapist to provide the massage services. The hours of operation for the spa are Tuesday through Friday 10AM to 7PM, Saturday 8AM - 4PM, and closed Sunday through Monday. The petitioner reported that she will hire two nail technicians, a front desk receptionist, and a massage therapist, and she anticipates that maximum capacity on any given day would be eight people: four staff and four clients. The petitioner obtained a building permit for interior renovations, which are already complete. The petitioner indicated that they will install a new sign. No other exterior renovations are proposed. The subject property is zoned B-5 Central Commercial. The subject property is located in downtown Mount Prospect and does not have off-street parking, however, there is ample parking located nearby on Prospect Avenue and Pine Street, and in Village owned parking lots. Since the proposal does not involve new construction or major rehabilitation, or a change in use which warrants additional parking, no additional off-street parking is required. The petitioners submitted a business license application and a massage therapy 1 addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. The Police Department confirmed that the petitioner has met all ordinance standards to operate a massage establishment. Village staff has reviewed the petitioner's request and finds that it meets the standards for a conditional use. The Planning and Zoning Commission held a public hearing on July 27, 2023 to review the request and recommended approval of the conditional use by a 4-0 vote. The Village has not received public comments pertaining to this case. The petitioners have submitted a letter requesting to waive the 2nd reading. Alternatives 1. Approval of a conditional use permit to operate a massage therapy establishment at 137 West Prospect Avenue, subject to the following conditions: All massage therapists employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; and Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations. 2. Action at the discretion of the Village Board. Staff Recommendation Approval of a conditional use permit to operate a massage therapy establishment at 137 West Prospect Avenue. ATTACHMENTS: PZ-05-23—Staff Report.pdf PZ-05-23—Administrative Content.pdf PZ-05-23_Plans. pdf PZ -05-23 (137 W Prospect Ave) Minutes.pdf PZ -05 -23 -2nd Reading Waiver.pdf Ord PU 05 23 CU massage therapy.pdf 2 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Community Development DATE: July 20, 2023 CASE NUMBER PZ -05-23 PUBLIC HEARING DATE July 27, 2023 Antonia Lalagos Development Planner APPLICANT/PROPERTY OWNER Splendid Day Spa Inc / CG Mount Prospect LLC PROPERTY ADDRESS/LOCATION 137 West Prospect Avenue BRIEF SUMMARY OF REQUEST The petitioner (Splendid Day Spa Inc) is proposing to offer massage therapy services at a day spa located at 137 West Prospect Avenue (the subject property). Massage therapy businesses require conditional use approval to operate. The subject property is zoned B-5 Central Commercial. The proposed business meets the standards for a conditional use and therefore staff is supportive of the request. 2021 Aerial Image 2023 Village of Mount! Prospect Zoning Map 1111% 01121110M 0 . . . ........ . ........ EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: 1-2 Railroad PROPERTY B-5 Central Multi -tenant commercial East: B-5 Central Commercial 1048 SF Commercial South: B-5 Central Commercial West: R -A Single Family Residentialwww .w STAFF RECOMMENDATION APPROVE A PP ROVE WITH CONDITIONS��� H:\PLAN\Planning & Zoning COMM\P&Z 2023\Staff Reports\PZ-05-23 137 W Prospect Ave (CU -Massage Therapy).docx DENY 1 3 BACKGROUND/PROPERTY HISTORY The subject property is a single -story multi -tenant commercial building with a mixture of restaurant and personal service establishments. The building was purchased by CG Mount Prospect LLC in 2022 and each tenant space has gone or is currently undergoing interior renovations to accommodate new tenants. PROPOSAL The petitioner proposes to operate a 1,048 -square -foot day spa at the subject property, offering therapeutic massage services in addition to facials, waxing, and nail services. The petitioner has practiced as a licensed esthetician for 17 years and intends to hire a licensed massage therapist to provide the massage services. The hours of operation for the spa are Tuesday through Friday 10AM to 7PM, Saturday 8AM — 4PM, and closed Sunday through Monday. The petitioner reported that she will hire two nail technicians, a front desk receptionist, and a massage therapist, and she anticipates that maximum capacity on any given day would be eight people: four staff and four clients. The petitioner obtained a building permit for interior renovations, which are already complete. The petitioner indicated that they will install a new sign. No other exterior renovations are proposed. The subject property is zoned B-5 Central Commercial. The subject property is located in downtown Mount Prospect and does not have off-street parking, however, there is ample parking located nearby at the following locations: on -street parking located on Prospect Avenue and Pine Street; Village -owned parking spots in the alley between Pine Street and Wille Street; and the Village -owned Wille Street parking lot. Since the proposal does not involve new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, no additional off-street parking is required. The petitioners submitted a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. COMPREHENSIVE PLAN DESIGNATION The Village Comprehensive Plan designates the subject property as central commercial. The proposed conditional use is consistent with the Comprehensive Plan's vision for downtown mixed-use. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, safety, morals; comfort or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village ordinances. H:\PLAN\Planning & Zoning COMM\P&Z 2023\Staff Reports\PZ-05-23 137 W Prospect Ave (CU -Massage Therapy).docx 2 4 The petitioner stated that the business will strive to help community members manage their pain through therapeutic, relaxing massage. The petitioner maintained that their business will be respectful of others in the building and will conduct business to the utmost morals and standards. The petitioner states that the business will not impede normal and orderly development and improvement of surrounding property, that adequate public utilities, access roads, and drainage are available, and that the employees will be parking in the rear of the building to minimize congestion on the public streets. The petitioner notes that the day spa will add more services to Mount Prospect, which will help achieve the goals of the Comprehensive Plan. Village staff has reviewed the petitioners' request and finds that it meets the standards for a conditional use. A building permit was already obtained for the interior renovations, and a sign permit may be required depending on the final design of the sign. The Police Department confirmed that the petitioners have met all ordinance standards to operate a massage establishment. As of the writing of this report, staff has not received public comments pertaining to this request. Staff finds that the conditional use complies with the standards as listed in the Village Zoning Ordinance and that granting such a request would be in the best interest of the Village. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning & Zoning Commission and recommends approval of the following motion: 1. "A conditional use permit to operate a massage therapy establishment at 137 West Prospect Avenue, subject to the following conditions: a. All massage therapists employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; and b. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." The Village Board's decision is final for this case. ATTACHMENTS: 0 ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to _ Standards, etc...) -.0 I concur: k - t� William J. oney, AICP Director of Community evelopment PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, etc...) H:\PLAN\Planning & Zoning COMM\P&Z 2023\Staff Reports\PZ-05-23 137 W Prospect Ave (CU -Massage Therapy).docx 5 Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) Case Number: P&Z - 06 -23 Date of Submission: 4/4/23 Hearing Date: 7/27/23 Project Name/Address: Splendid Spa - CU Massage Therapy - 137 W Prospect Ave 1. Subject Property . ... ...... .. . ... . ..... Address(es): .-T5 Zoning District (s): B5 Property Area (Sq.Ft. and/or Acreage): Parcel Index Number(s) (PIN(s): 00 -12 00"? -0,:)O ) If. Zoning Request(s) (Check all that apply) T Conditional Use: For POaoe 7L'z--,ZLD�� F -I Variation(s): To 0 n Zoning Map Amendment: Rezone From To f-1 Zoning Text Amendment: Section(s) 17 Other: IV. Applicant (all correspondence will be sent to the applicant) Name: VOL Corporation: Address: City, State, ZIP Code: d4, 4 4�e2q' Phone: �6 ZZZI Email: Interest in Property: /.,,- - q� , , (e.g. owner, buyer, developer, lessee, architect, etc... 11 1.1 V." Property Owner- ❑ Check if Same as Applicant rn Name: l hc�SiuC a�i1 P tcS Corporation: I , lobi—QrgN,4 LC G Address: Ln q C.5��itrsv'e City, State, ZIP Coder Phone: t-1- �tS1�-ij Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: "; � Date: , 7 Y�e%�J� Sig/nature) A%euQ /Uyx (Print or Type Name) If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated suuppporting material Property Owner: (I d f-2c.-��-" Date: 312AI 2623 (Signature) (Print or Type Name) ri Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS 1, , under oath, state that I am (print name) M the sole owner of the property an owner of the property ❑ an authorized officer for the owner of the property commonly described as Ig -7-e) (property address and PIN) and that such property is owned by l MW'Yi- as of this date. (print name) 12 -- Signature Subscribed and sworn to before me this q -q111 day of M C" r- U, 1202,!L. Notary �Publ�ic�� — — — — — — — — — — — GEORGE TSELOS Official Seal Notary Public - State of Illinois My Commission Expires Oct 3, ]2023 1.1 Doc#. 2226634205 Feg, $98.0o 4 KaienA Yarbrough Cook County Clerk . Date: 091231202212:24 PM Rg: 1 of 3 1 � Dec Ib 20220901.631180," J STICO Stamp 0-980-047-440 ST Tax $750.00 CO Tax $375.00 WAMWTY DEED C J.=Q %;lr � TOR; Illinois; f'or` Thousand' -and nc consideration, PRSPECT ha©/have Ln and tothefollowing described ana claim Grantor (s) cui L� „�-.a.zie interest, d Real Estate situated in the County of Cook, in the State of Illinois, to wit: See Exhibit A attached Address of Real Estate: 127-137 W. Prospect Ave., 'Mt. Prospect,, IL Permanent Real Estate Index Nos.: 08-12-113-002 OS t5-11,4%�s� t�r� 1;t�rc�i i? -j c7 >11�j Cly% hereby releasing and waiving all sights under and by virtue of thee Homestead Exemption Laws of the State of Illinois. TO HAVE AND TO HOLD said premises forever. Luted this.day of September 2022 Prospect Hold' S. 7,LC By:c.diN7?he?fi�T tem e" nager rc>'-�rai`ftukr; n"nx it State of Illinois - .. A) � . County of Cook ) a notary public in andr;for s�id county, in the State aforesaid; DO HEREBY'CERTIFY that J}tV. er personally known to me to be the same pe'rspn(s) whose"'name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed, and delivered this instrument as their free 'and, voluntary, act,, for the uses and purposes there set forth, including the release and waiver of the right of homestead. DI GIVEN under my hand and official seal, this r 'day of �e e OJCHAi6 DMiLLA Offlcfal Seal Notary Public Notary Pub"c - State of 1111rdoft Ommfsslon Expires Nov270 2023 1 Fxvct - — I Commission Expires: 9-77- '2 - This instrument was prepared by Jeffrey Wilson, 2300 N. Barrington Rd., Ste 400, Hoffman Estates, IL 60169 Mail to: Send Subsequent Tax Bills to: Ago ' suino S. Filippone CG Mount Prosnect LLC w, LLC Attn: Chris -Dem-a-'s 401 E, Prospect Ave., Ste 211 479 E. Business Ctr Dr, Ste III Mount Prospect, IL 60056 Mount Prospect, IL 60056 10 c N P NN :EXHIBIT A Order No.: 22006777klS For APNiParcel ID(s): 08-12-113.002 08.1: 08.1 00!v. LOTS 21',,22' ,23 ",24 AND 25 413 �USSCS RE RESUBDIVISION 0"FlOTS i'JO'6,� INCLUql ALL,,OR BLOCK 6, LOTS -I1 I 3ff 0 , N INCLUsf BLOCK, g,"ALL IN MEIER !S "ADD , ITI I ON . 3`0 NORTHWtST,QuARTER'OF'SECTION 12i THIRD PRIN61kLMERIDIAWIN COOK CC ' 13-'003,0842-113-�004,W �,2 113- 005 and p I I 1 11 iI J B I DI . V , IS I IbN:OF LOIFS,,l'30,6,INCLUSIVE,OF THE Nki6c*4, ALSO�OF Wi�_ 2AND,3 IN BLOCK'5, -;!,,,!N`BLOCK7; 'ANID LOTS 'It4to 20,," INCLUSIVE, IN INT PROSPECT; krSUBDMSbWOF THE )WNSHIP'41 NORTH; RA"N"GE 'I'l,"EA8.70F THE VTY, ILLINOIS; ' 2022 First Installment Property Tax Bill - Cook County Electronic Bill $0.00 Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification By 04103/2023 $7,960,421 -$824,317 110.36% Metro Water Reclamation Dist of Chicago 08-12-113-002-0000 049 16140 2022 (2023) ELK GROVE 5-17 IF PAYING LATE, 04/04/23-05/01/23 05/02/23-06/01/23 06/02/23-07/01/23 LATE INTEREST IS 1.5% PER PLEASE PAY $0.00 $0.00 $0.00 MONTH, BY STATE LAW Your Taxing Districts Money Owed by Your Taxing Districts Pension and Healthcare Amounts Promised by Your Taxing Districts Amount of Pension and Healthcare Shortage % of Pension and Healthcare Costs Taxing Districts Can Pay Northwest Mosquito Abatement Wheeling $1,080,667 $7,960,421 -$824,317 110.36% Metro Water Reclamation Dist of Chicago $3,327,854,000 $3,020,080,000 $1,168,985,000 61.29% Mt Prospect Park District $18,433,548 $33,278,233 $388,084 98.83% Harper Coll Comm College 512 (Palatine) $385,967,009 $71,570,388 $71,570,388 0.00% Township HS District 214 (Arlington Hts) $174,084,349 $270,533,348 -$10,941,244 104.04% Mount Prospect Public School District 57 $3,205,837 $30,039,042 $13,700,095 54.39% Village of Mount Prospect $168,137,977 $365,344,346 $99,691,444 72.71% Town of Elk Grove $1,734,924 $7,055,530 -$1,322,183 118.74% Cook County Forest Preserve District $233,103,051 $540,107,634 $328,420,280 39.19% County of Cook $8,019,310,814 $29,739,673,504 $17,090,063,066 42.53% Total $12,332,912,176 $34,085,642,446 $18,759,730,613 For a more in-depth look at government finances and how they affect your taxes, visit cookcountytreasurer.com PAY YOUR TAXES ONLINE Pay at cookcountytreasurer.com from your bank account or credit card. 2021 TOTAL TAX 9,885.55 2022 ESTIMATE X 55% 2022 1st INSTALLMENT = 5,437.05 The First Installment amount is 55% of last year's total taxes. All exemptions, such as homeowner and senior exemptions, will be reflected on your Second Installment tax bill. 137 W PROSPECT AVE MOUNT PROSPECT IL 60056 *** Please see 2022 First Installment Payment Coupon next page *** CG MOUNT PROSPECT LLC 479 E BUSI CENT STE111 MT PROSPECT IL 600560000 12 2022 First Installment Property Tax Bill Cook County Payment Coupon Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILCS 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. DE rACH & INCLUDE wi rH PA MEN r 11M 11 _ T1LG Property Index Number (PIN) Volume $0.00 Cook county eBill 08-12-113-002-0000 049 By 04/03/2023 Click to pay online Amount Paid If paying later, refer to amounts above. Click to update Mailing Name/Address SN 0020220100 RTN 500001075 AN (see PIN) TC 008922 $ 00202201000081211300200004008922400000000000000000000000000000000000000000000 This is an Official Downloadable Tax Bill Payment Coupon. COOK COUNTY TREASURER Please process this coupon along with payment presented. PO BOX 805436 CHICAGO IL 60680-4116 13 08121130020000/0/22/E/0000000000/1 DocuSign Envelope ID: 37CC31EB._956E..43'79-832D-170752,IBDA6D 127-137 W. PROSPEC TAVE, MOUNTPROSPECT, ILLINOIS 60056 LEASE AGREEMENT'(TRIPLE NET) Between CG' NJ Ot WFPROSPECT LLC, an Illinois limited liability company, as Landlord m SPLEINDID DAY SPA, INC. an Illinois LEASE AGREE NIENT "rins LFASF, AC REHNIf,"N"t- ('Tease") is made as of the I day of_j ,l , aiit '51yy ("E I'l ec t i ve Date") by and between CG MOUNT C PRO LLC nin in Illinois lied liability company ("Iandlord") in(] SPLENDID DAY SPA, INC., ,in Illiniois corporation ("Tenant" j. A RTI C L E I BASIC LEASE PROVISIONS AND EXHIBITS Section I Basic Lease P#-ovisions The descriptions, capitali/,cd words and arnourits set forth below arc qualified by their language elsewhere in this Lease, including those Articles and/or Sections referred to in parentheses: LI Retail Area (Section 2.2): The first floor (the "Relail, Area") oftlic 8,474 square fbot building (the "Building") located at 127-137 W. Prospect Ave, MOUnt PrOSpMe IL, 60056, 1.2 Premises (Section 2. ly A 954 SCIUM-e 16ol floor space in the Retail Area corrintonly known as -1371 1.3 Tern) (Section 3.1): Sixty -Two (62) full Lease Months. 1 A Commencement Datc (Secalso Section 3.1): The earlier of(i) the Possessi(.)n I)a1c (See 1.6 below); or (ii) the (talc I cmant opens for business, 1.5 Expiration Date (Section 3.1):"Che: last day oftlic 62" full Lease Month. 1.6 Possession Date (Article 8): The (late Landlord taros ides ]"cnant with keys to access the premises. 1.7 Permitted Use (Section 2,4): 5pa, 1.8 Rent: Base Rent (Article 4) PERIOD MONT11LY BASE IZEN J, .. . ........ --- 01/01/2023 02/28/2023 .......... . ......... . ........ 03/01/2023 02/29/2024 $1,431.00 ------- -----$1,4- ----------- -- ------ 03/01/2024 02/28/2025 74.00 ..........- - -- -- . . . ........ ..... 03/01/2025 02/28/2026 $1,5 MOO . . .. . . .. .... ......... ..... - . ... .. ........... -------- Tunam himak Landlmd 111wak 14 DocuSign Envelope ID: 37CC31 E8 -956E -4379-832D- 1707524BDA6D $1,56400 03/01/2027- 02/29/2028 $ 1 611.00 Additional Rent (Article 5 and Article 6) estimated cap, of lease: start date: Tenatit will not be responsible For paying Coninion Area/Operating C'osas or Real Butte Taxes for the first 2 months after the lease conwriencerticrit (late, . . . . ............ ....... _ _-- -- COMMON AREA/01TRATINC, (estimated) R EAL E S T A IT T.AES (estimated' . .......... --- - -------- . ... ............ . .. $ 134.00/rnointh $574.00/month -- ------------ . ............ ...... . ...... .......... - -------------- -- ------- Tenant Pro Rata Sliare (Article 5 and Article (i)- 1.9 Security Deposit (Article 9): 1.10 Notices (Section 25.9): Tenant Notices: SP-L--IU',NI.D.....I...D D-A----------SPL-1A11 ING, -1-37_-N f`sw(�t A�w-nqQ, Landlord Notices: CG MOO NTPROSPECT LLC 479 F. Business Ce t 1-1 rive Sic I I I tvlcrGtttt .pct jt:(10-015(1r. I . I I Tenant shall pay the Annual Rent: Ibr cacti year in equal Monthly Installnietits in advance. The first Monthly Itistallment shall be paid no later than the Coninnencenient Date of this I ease and each subsequictit monthly installment shall be payable in advance on the first day ofeach calendar month during the initial terns and any Renewal Flectiori term ofthis I -ease. See Article 4 f()r more cornplete details. 1.12 Guarantor: Albena Vassileva 1.1;3 Brokers (Section 25.6): Dessi Vordanova,131111S Stark Re, .... ........ .. ......... . 1.14 Conitrion Area Maintenance'Venant, C'hargc: S1.69 PSS 1.15 Real Estate; "tenant Taxes: S-7.22 PSF 1.16 Renewal Election: flui-SLIdni, to Paragraph 3.4, 1 ciiant shall have (').1I ' ' e --(J) consecutive options (each a Reriewal Election) to renew the term o0hispease for additional COnSCCUtIVe periods oQ.jy.e.,(�) years each (each a Renewal LI'lection), on the sanie, terms and conditions as diose in efliect during the original Lease lerril, except f()I' the MIJILial rent, which will adjust in accor(Lincc with the provisions below. A Rencw,,d I-Ilection may not be exercised if Vcnant is in default under this Lease at the finic of the exercise of the Renewal L'Icction. For Rencwal election procedure. please see Paragraph 3.4. 1.17 Rent Payment Address: 479 1--'. Business Center Drive, Site I 11, Mount [)respect, IL, 60056. 2 (A'24 leasant f'M1dIM-(I 15 DocuSign Envelope ID: 37CC31 E8 -956E -4379-832D-1 707524BDA6D I .18 T] re lot I owing exhibits are attached hereto and made a partol'this I .,ease: Fxhibit A: Rules aaccl Regulations Guaranty: I ease Guaranty 1.19 Business Authorization and/or Purchase Contingency: (if'applicable) Notwithstanding anything in this [.,ease to the contrary, the lease term shall end all(] the Lease shall thereupon terminate (a) ifTenant is not granted the required business, health or liquor licensc(s) by the local municipality, orany othcrgoverill1lental authority having jurisdiction over such permits or licensing allowing Tenant to initially commence business operations, or (b) ifthe purchase ofthe existing business by Tenant from the present lessee is not consummated, or (c) if' all arrearages owed to Landlord by the present lessee under the existing lease Im the premises are not paid to Landlord in full upon tile, closing of the purchase by Tenant of the existing business, Further, this l -ease is contingent upon Landlord procuring a signed Termination of Lease Agreement front the present lessee of' the, premises terminating; the existing lease. In the event of' termination (file to this paragraph, Tenant agrees to forfeit entire security deposit listed in paragraph 1.9 to Landlord, A 11 I'll CL V 2 PREMISES; USE; RETAIL AREA; CIOMMON AREA Section 2.1 Premises Landlord leases toTcriarn, and Tenant rents from Landlord, the space in the Retail Area (Icsignated at. Section 1.2 hereofand with common address 137 -emises" - - -- ------ --- ygs�pecr, 11.600.56 (herein called the "I t The Promises approximate square feet is measured to the center line of walls between tenant space, to the exterior faces of all (,)t.])cr walls, including to the exterior face ofwalls at basc, building stairs, elevators and shafts, to (lie outside finished surface ofpci-manent outside/exterior walls without deduction for strl.)Cull'al COILUTITIS and, With respect to if)(, storefront, the lease line in the event Tenant does not elect to bring its storef)ront to tire lease line. The Premises are being leased in its as is condition. Acceptance, of possession by Tenant will constitute Tenants absolute acceptance ofthe leased premises in as is condition. Additionally, ally L(Illipillellt owned by the Landlord and located in (lie leased premises shall be available fear Tenants use at no additional charge. Said equipment (il'any) and the maintenance obligations thereof shall be iterni/ed as am Equipment Rider to this lease Secticut 2.2 Retail Area The Retail Area, Building and the Common Area shall otherwise at. all times be subject to the exclusive control and management of landlord, subject ject to the terms ol'this I -ease. So long as the 1 -case rernains in Full force and effect, Tenant ,in(] its business invitees and custorners shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafier grant rights, to use tile ('01111110o Area subject to such reasonable regulations as Landlord may from nine to time unpose and the rights of Landlord set forth hercin. Any Site Plan provided is intended i6r infim-mational purposes only, and shall not be deerned to be a warranty, representation or agreement by, Landlord that the Retail Area, Building and/or stores located thereon will be exactly as indicated on said Site Plan, or that the other tenants which may be referenced oil said Site Plan will be occupants ofthe Retail Area or Building, Section 2.3 Teriant's Pro Rata Share Tenant's Pro Rata Share shall mean the area of the Premises divided fly the leased area of the building;,. Tenant's Proportionate share shall initially be J- j-,26,%— for Operating Costs/Mainterrance and J-1....2,6'YO lor Real kstatc Taxes. Section 2.4 Use Tenant is permitted to use the Prerniscs for the purposes specified in Section 1.7, and for no other purpose whatsoever and for no use that is in violation ofthe uses listed in this Section 2.4 below, 'rhe specific use specified in Section 1.7 is a material consideration to Landlord in order that there be maintained within the Retail Area an appropriate tcniant mix. Teriant shall obtain, at its own expense, all necessary governmental licenses and permits Im 3 of'24 Tclym� lnitmls 111 DocuSign Envelope ID: 37CC3lE8-956E-A379.-832D-,1707524B[)A6D its Use. Under no circarnstances shall Tenant use the Prernises t6r anything other than the operation of SVi,in s le s approved in writing by Landlord. Section 2.5 (' I oninatin Area A. "Common Area" shall mean all areas of' the Retail Area and Building, it' any, %vhich are now or hereafter made available by Landlord, from time to time, for file c"onnnoll andjoint use and henel-it of]-andlord, Tcnant and other tenants oftlic Building, including but notfin-fitcd to: walkways, cmerior sidewalks- exterior landscapcd areas; service corridors, if any; electrical rooms; plumbing rooms, mechanical rooms; refirse and dumpster areas; service areas; building CIACIOSUres; the roof; exterior walls; lighting facilities; sewer lines; water rnanw mechanical equipment; Pipes, CILICtS, conduit wires; and such other areas of the Building that are intended f'Or the common and joint use and benefit of the Landlord, Tenant and other tenants and occupants of the Building. B, T'he Retail Area, Residential Area, Building and the (7cumnon Area shall at all times be subject to file OXCILISiVC control and management ol'Landlord. So long as the Lease remains in Full force and effect, 'tenant and its business invitces, employces, and custorfict-s shall have the nonexclusive right, in cion mon with Landlord and all others to whorn Landlord has „ranted or may hereafter grant rights, to use, the Common Area Subject to such i-casonable regulations as Landlord may fron) tunic to lurre impose and the rights off -ii i d lord set forth herein. The initial rules and regulations are set forth oil Exhibit A: Rules and Rcgulations artachcd hereto and made a part ficleof. 1'enant agrees to cause its concessionaires, officers, CruplOyeCS, agents Mid CLIStorners to abide by such rules and rCgUklIJ011S. Landlord has the right, in its managcinern, control and operation of the; building to (to the following if Landlord in its sole discretion determines that it is necessary a) changing tile street address of the building b) obstructing or closing off all or any part of the corrinion areas or building for purposcs ofmanitcnance, repair, or construction of the property, c) making improvements or zalterations, additions, or subtractions to the building or common areas (1) altering the pylon sign arrangement. Landlord's rights under this Section may be perl6nned so long as (a) access to, and the visibility of, the Prenrises is not unreasonably denied or obstructed and (b) the business operated it, the Premises by Tenant is not inaterially and adversely interrupted. A RTI CL E 3 LVASE TERM Section 3.1 Temic The herrn ol"this L,ease shall be as set forth in Scction 1.;3, commencing oil the Corrintencernent Date specified in said Section 1.4 and ending on the Expiration Date specified in said Section 1.5, unless sooner terminated pursuant to any provision, ofthis Lease. Section 3.2 Lease Year Defined The term "]....ease Year" means a period of twelve ( 12) consecutive calendar months. The first L,easc Year shall begin on the Cornmericcrilent Date ifthe Corrullericcrilell Date shall occur oil the first (hry of the calendar month; and if' not, the first Lease Year shall commence on the first day of' the calendar month next following the Commencement Date and the First Lease Year shall include the days subsequem to the Commencentent Date through the balance of that calendar month. F.ach succeeding Lease Year shall commence upon the anniversary (late of the first Lease Year. Section 3.3 Binding Effect Notwithstanding the Commencement Dare ol'the Term of this Lease, the panics shall be bound by all the terms, covenants, conditions and Provisions contained herein from and after the Effective Date, Section 3.4 Renewal Election For aTellant renewal election to be effective, the \vritten Notice for IIIQ eXCrCi8C of the OP6011 PCHOd ITILISt be Inailed byTcnant to I-andford by certified, return receipt requested, or email at cdeiiits(di,;ler,,i(tvi!iors,coiii no later than ONF I JUN D RE D F IG IFTY ( 180) days prior to the termination of the current Lease Tertri, or the world -be termination (late of the;, Current Lease Term had the Tenant lailed to exercise such ()[)tion. Failure to provide timely notice of the. exercise of' air option shall restilt in the Tenant's waiver of' such right to extend the Lease Fe.rnr. Furthermore, said P "I 4 of'24 Tcnaflt InItials . LOU- Lmldk,rd 17 DocuSign Envelope ID: 37CC3lE8-956E-4379.-832D-,1707524Br,)A6D ollfion may not be exercised while the Tenant is in default of airy term under this Lease, ]'true is of the essence for purposes ol'this paragraph. ARTICLX 4 121,N T Section 4.1 Pavinent/ACH Pavnients All Base Rent and Additional Rent shall be payable in advance, without prior demand or any right of'offiset or deduction, ul monthly installments on the first (Jay of'each calendar mouth of the Tertin hereof. Tenant shall flay all Base Jt.ent to Landlord in lawful money of the United States of'America attire address stated in Section I . 18 oar to such other persons or at such other places as Landlord may designate in A riting. Landlord shall have the Light to require that Tenant pay Base ILcnt, and all other amounts due under this Lease, to Landlord via Automated Clearing House payments ("ACH Payments""), certified check, or money order (Landlord's choice). Tcuant and Landlord aprce to Cooperate with each other to complete all necessary forms and to provide any information needed to facilitate Teriant's ACTT payments within thirty (30) days ot"Landlord's written request therefore. Landlord agrees that any late payinclit of Base Ifcjlt or any other arDOLIMS payable under this Lease due to the transitioning to MMI Payments shall not be considered a default. or breach of this Lease - Section 4.2 Past Due Base Rent and 1 -ate Charge Any l3ase Rent or Additional Rent to be paid by Tenant which is not paid oil or before the expiration of the; notice and cure period provided for in Section 12,'1 hereof'shall tsar interest frown file date due Until the date paid a( the Default Rate, fit addition, if Tenant shall fail to pay any Base Rent or Additional Rent on or before the expiration of, the notice and cure period provided for in Section 12.1 hereof' Tenant shall be obligated to pay a late payment charge equal to five (5'Yo) percent 0J'thC all-IOLIM duc to reimburse Landlord for• its additional administrative costs. Any payinent by Tenant or acceptance by Landlord of lesser amount than shall be due firorn 'Fenarit to Landlord shall be treated as a payment on account, The acceptance by Landlord of a payment for a lesser annount with an endorsement or statement thereon, or upon lily letter accompanying such payment, that such lesser- amount is payment in full shall be given no effect, and landlord may accept such Payrnerit without prejudice to any other lights or renico,fies which I-andlord may lauavc against Tenant. The five (51YO) pear -cent of the alnount due additional adrninistrative fee set forth above is intended as reasoinab1c, estiniate of landlord's administrative costs and damages because ofTenant's failure to p,,ry Base Merit or Additional Itent on a timely basis. 'file parties agree: that ibis administrative fee is reasonable, bears sigurificant relation to the actual administrative costs that Landlord might sustain, which administrative costs Tenant and , I,andlord agree would be uncertain and difficult to prove, and is riot a penally for Tenant's failure to pay Base Rent and Additional Rcrit. The acceptance by L.andlord (if said administrative fec shall riot preclude Landlord from seeking and pursuing any other remedy under this Lease, Section 4.3 Base Rent Payment off3ase Rcnt shall begin oil the Co fill) I en cellicil t Date. Ifthc Commencement ])are occurs on a day other than file first day of calendar month, their Base J�ent shall be prorated for the balance ofthat month based upon the actual number of days from the Commencement Date throtq "dt the last day of said calendar nionth. The al -1101,111t of c"ich monthly insiallnient of'13asc Rent for the Premises for the Term ofthis Lease shall Ile as specified in Section 1 X Section 4.4 Additional Rent Payrrictit of' Additional lZent, in line with Tenant pro Rata Share shall begin oil the Cornmenccrilent Datc. Additional Rent shall also include, air(] shall not be limited to: late charges, interest and ,.illy other sum coming dric to Landlord or advanced by Landlord in perlorrilaricc of its obligatioju� herein, ARTICLE 5 OPLRATING C,'OSTS Section 5.1 Operating Costs "Operating Costs" shall n -Lean all amounts of every kind and native which Landlord shall pay during any calendar year any portion of I which occurs during file Terni in contrection with the Building ( 127-137 W. I?rk).Nr)cct 5 of 24 1,atA,td 18 DocuSign Envelope ID: 37CC31 E8 -956E-4379 832D -1 707524BDA6D Ave, Mount prospect, It, 60056), including, without limitation, any amounts paid Liar: (a) utilities, (b) permits, licensees, and certificates necessary to operating and manage the Building, (c) insurance applicable to the BUildir1g, which may include, without litintation, conimercial general liability insurance, "all risk" insurance, earth(jUakc, llood, boiler, and rent loss coverage, automobile, worker compensation, arid employer liability insurance, (d) supplies, materials, tools, equipment, and vehicles used in the operation, repair, maintenance and security, Cleaning, landscaping, and other services for the Building iuChJditIg FIVAC maintenance arid repairs, (e) legal services, including, but not lirnitcof to, legal services for rcdUCiTIg property taxes, required as part of routine. ooperation ofthe site and CG Mount prospect LIA,', (J) painting, renovation, and/or other main tenance/i mprov e ine tit of drew exterior building, (g) payments under any easement, agreement, or instrurrient pertaining to the sharing of" costs in any development of which the Building is pail, (h) alarm monitoring and security service, fire and police protection, trash removal, remove of snow and ice, (i) lighting for the center (not holiday specific lighting), (j) t,andlord accounting and/or banking expense(s) related to site, (k,) intentionally ornitted, (1) operation, maintenance, repair, installation, replacing, inspection, painting, and cleaning of. (i) parking, loading and set -vice areas and driveways (includinp, rc-striping, scaling, and re -surfacing), (it) storin and sanitary drainage systems, (iii) Common Area lighting and other Systems and F'quipincra, (iv) flowers, Shrubbery, trees, grass, arid other landscaping (including planting and replacement), (v) gutters and dOWFISPOLAS, roof maintenance, and repairs, (vi) sidewalks and other walkways, decorations, fixtures, improvements, arid other facilities located tit or serving any other Conarnoon Arcas, arid (n) management fees. Landlord reserves the right to delcrtivine and bill Tenant's pro Rata Share of insurance costs related to the Building separately front other Operating Costs, and include Tenant's Pro Rata Share of Real Estate taxes as part Operating Costs rather than oicterninfing and billing the same separately. Operating Costs stiall not, however, include: interest aincl amortization of mortgages, capital expenditures (except as provided within Section 5.'1 ofthis lease and/or as defined as permitted Capital Expenditures within Section 5.1 of this lease). Operating Costs shall also not include.: ( 1) costs of alterations or irrr)roverncnts oaf other tenant spaces (such as tenant improvement allowarices, (2) costs incurred in connection with the sale, financing;, refinancing, Mortgaging, or other change of ownership of the Center, (3) late fees, penalties, interest charges, or similar costs kICUrred by Landlord, UnICSS sand cosis are due to Teriani's actions, (4) intentionally omitted, (5) intentionally omitted, (6) costs arising from or relating to procuring or renewing any tenant or occupant for the Building, (7) intentionally omitted, (8) any Operating Expense for which Landlord actually receives full refiriburserrocrit arid full compensation trorn by way of' warranties, guaranties, insurance, condemnation awards, irod (8) Real Estate taxes (which are to be paid by Tenant under Section b.1 but can be billed according to >.1. Section 5.2 Tenant's Pro Rata Share Tenant's pro Rata Share shall mean the area of the Premises divided by the leased area of the Btrildirrg Tenant's Proportion"ile Share shall be 1 1.26'NO for Operating Costs. Landlord represents (hat the current estimated base year Operating Expenses are S1.69 per Rentable Square Foot. Section 5.3 Payment of Operating Costs 'renant shall pay to Landlord as Additional Rent on account ofTenant's Pro Rata Share of0perating Costs equal monthly installments on the first (lay of` each calendar month in advance, in an arnount reasonable estimated from turic to time by landlord to he Tenant's Pro Rata Share of'Operating Costs. Following the end of each calendar year, Landlord shall furnish feriant with a statement of the actual Operating ("osts paid orr iTICUrreol by LaudlOrd dUrinf.,I such period, arid any over or under payment of"I'etrant's Pro Rata Share of'Operating Costs shall be adjusted and paid by Landlord (or, ifEandlord elects, credits against future monthly payments of Operating Costs) or paid by Tenant, as applicable, within thirty (30) days after delivery of such statement so that Landlord shall receive from Tenant the pl'061,C Mo0aint of Tenant's Pro Rata Share of0perating Costs osts for such period, The covenants of this Section shall survive the expiration or earlier terinination of this Lease, Section 5.4 Revie", of Records During the thirty (30) day period following the issuance by Landlord of the annual staterrictit described in Section 5.3 hereinabove, Temant, upon not less than ten (10) days prior written notice to Landlord, shall have the right to review, at Tenant's sole cost and espensc, at Landlord's office, the books arid record,,, of Landlord re.1mint to Landlord's calculation and asses'snient of" tenant's Pro Rata Share of0perating Costs. ARTICLE 6 REAL FSTATE, TAXES 6 of * 24 'hwim 19 DocuSign Envelope ID: 37CC31 E8 -956E-4379 -832D -I 707524BDA6D Section 6.1 Real Estate 'Faxes Tenant shall pay to I_andlord, as Additional Rent hercunder,'Ferrant's Pro Rata Share of and all real estate taxes, and governmental charges, attributable to the Pre lruscs during the Term, (,the "Real l"Istatc faxes"). As of'thc date of this lease, file Property Index Numbers (PINs) for the Lease premises are 08 .. 12-113-002, 08-12-113-003, 08-- 12-113-004, 08-12.111-005, 08-12--113-006. Ifthe taxing body shall permit the payment ofany taxes or assessritents over an extended time period, their Landlord Illay pay such amounts over the rnaxitnum number of installments permitted, and only the arriourn ofthe installincrit paid in such calendar year shall be included in Real Estate Taxes for that calendar year, Real Fstate 'faxes shall also include, but riot be limited to, all expenses, including reasonable attorneys' fees, administrative hearing expenses, and Court costs incurred in contesting or negotiating the amount or rate ol'any such Real LIstate 'Faxes. Landlord, or any agent ol"Landlord whore Landlord rnay appoint, shall have the exclusive right, but not the obligation, to contest or appeal any assessment of" heal Ustate taxes levied oil file Premises, Should the, state, or any political subdivision thereof, or any governmental authority having jurisdiction there over, impose an income or franchise tax, or any other tax, fee, assessment, or other charge in substitution for, in lieu of', gr- in rin addition to any Real Estate TaXCS, such taxes, fees, assessirrents, all(] other charges shall also be decmcd to constitute Real Estate Taxes. Real Estate 'faxes, l6r any calendar year shall the Real L'Istate 'faxes paid in such calendar year, as opposed to the Real Estate kaxes accrued with respect to such calendar year. Section 6.2 Tenant's Pro Rata Share Tenant's ['to Rata Share of Real Fstate Taxes shall be calculated by multiplying fit the Real Estate Tax for each calendar year or partial Calendar year (based upon the number of (lays of` such partial calendar year) (hiring tire Term by (it) J enant's pro Rata Percentage of'Real E,state 'faxes during such c',alendar year or partial calendar year. Landlord represents that the estimated base year Real Estate faxes shall be per Rentable Square Foot. Section 6.3 Payment of Real Estate Taxes Tenant shall pay to Landlord as Additional Rent, oil aCCOUrlt of"Fen ant's Pro Rata Share of'Real Estate 'faxes C(IlAill monthly installnicrius, oil the first day of each calendar month in advance, in an amount reasonably estumned front tiruC to tiluC fly Landlord to be Tenant's Pro Rala Share of Real Estate Taxes. Following the release of the actual figures for such Real Estate Taxes, L,andlord shall firmish Tenant with a statement of"I'criant's actual Pro Raw Share ofReal Estate 'Taxes arid any over or under payment ofTenarit's Pro Rata Share ofkIcal Estate 'faxes ,,,hall be adjusted and paid by Landlord (or, if Landlord elects, credited against future Irlontlily payincrits of Real Estate Faxes) or paid by Tenant, as applicable, within thfirty (30) days after delivery of'such statentent so that I-andlord shall receive ffi),11 Tenant the precise amount of' Ferran's Po Rata Share of'RcastatTaxes fear such period. The covenants of this Article shall survive file expiration Ortearlielrtermination ofthisl LeEase.e ARTICLY 7 uni-xIIES Beginning on the. Possession Date, Tenant ,,hall make application for, obtain, pay for and be solely responsible for all utilities required, used or consumed in the Prernises, including, but not limited to, gas, water, (including water Ra" dOtlICStiC uses and for fire protection), telephone, electricity, sewer service, garbage collection services in(] any similar set -vice. Ili the event that any charge for any utility supplied to the premises is not paid )y J Main to the SUPI)l ter When due, then Landlord may, but shall not be required to, pay such charge for and (ill behalf of-renant, with ally Such amount paid by Landlord being repaid fly Tenant to Landlord as Additional Rent promptly Upon demand, Additionally, if' Landlord shall elect to supply any utilities to file Premises, then Teriant shall pay to Landlord the Cost Of its utility consumption aid file Cost Of'SUpplying separate toctcrint.,, devices if necessary. I andlord agrees that the, cost to Tenant of any Utilities SUI)PIied by Landlord shall not exceed file amourn. tenant would have paid ifit independently obtained such service fi-orn the local Utility SUPpIiCr to file extent that a relationship exists. f.,andlord and Tenant hereby agree that Landlord shall not be liable for any interruptions or curtailment ill utility Services due to causes beyond its control Or due to Landlord's alteration, rCP8lF• Or llrlPl'OVCulCIfl OHIIC PI-CuliSeS, the Retail Area or the Building, Section 8.1 Tenant's Work I ARTICLE 8 ACCEPTANCE Of' POSSESSION I III, 7 ol'24 Tcmum lnirialq I,andlmd rniti L, _C9 ---- DocuSign Envelope ID37CC31 E8 -956E -4379-832D-1 707524BDA6D All work not provided herein to be done by Landlord, it' any, shall be performed by Tenant, at Tenant's expense, and deerned to be "'Fenant's Work". Tenant's Work shall be performed diligently and promptly, at Tenant's expense, in accordance with the requirements within this L,case and of hood workman -like manner and clear of" any lien. Section 8.2 Tenant's Obligations Before Commencement Date Tenant shall prepare plans and specifications ofTenant's Work, if any, and submit same to Landlord for the. Landlord's review and approval. As soon as reasonably possible thereafter, Landlord shall notify Tenant of' any fi,1flLH-C of Tenant's plans to me with Landlord's approval, which approval shall not be unreasonably withheld or delayed. Tenant shall then cause Tenant's plans to be revised and resubmitted to the Landlord for Landlord's approval, which approval shall riot be unreasonably withheld or delayed. When Landlord or its designated agent has approved the original or revised Tenant's plans, said plans, as approved by the Landlord, are herein called the "Tertant's Plans". `Fe-nantshall not continence any of -Tenant's Work until Landlord has approved theTenant's Plans. Failure by Tenant to timely submit plans shall not delay tire occurrence of the Cornmencernew, [)are, Notwithstanding anything in this Section 8.2 to the contrary, Tenant may install trade fixtures and paint the Premises at their choosing but shall timely prepare and submit a request for installation and/on painting work to Landlord for written approval, Landlord's consent not unreasonably withheld. Tenant shall not be allowed to install flooring or other flooring treatment without written Landlord approval, which decision shall be at Landlord's sole discretion and authority. Section 8.3 Tenant's Construction Tenant shall complete Teriant's Work in substantial accordance with the Tenant's Plans, In no event shall Tenant's failtire to fulfill its obligations underage ndeSection 8,2 affect tire Commencement Date or any obligation of—fenant hereunder, an(] no such filihire shall be COuStrUed in any way to extend the Lc.asc Term. All construction work to.) be performed by Tenant hereunder, if any, shall be performed in a good and workmanlike tuanner in full conrpliance with all applicable laws, codes and building requirements of the local authorities, Tenant agrees to procure and pay for all necessary permits, licenses and COuSeutS I-C(Itured in connection with such construction and that such construction work shall not interfere with the conduct of Landlord's orany other tenant's business in the Retail Area. Section 8.4 Landlord's NVork L.,,in(liordi,oiiist,,ilitiewt'Lirn,,tce,iticisf)irait(.lLict\vor'ktar scx-vi(,,cl)retiiise,s,, IC'f'ctiaintwattitst(lifli~reiitductwork. layout, then thedifference shall be paid forbyTenant. I...,aiti(ilordtoliLtrcii,,isethe following devices tear Stiite 137 - (l) pull station, ( I ) smoke detector and ( I ) cornniunicator. Tenant to pay for installation of" all devices as well as any other additional devices required per Villige OfMoUnt T)r0SpCCt IWILLirements. ARTICLE 9 SECURITY DEPOSIT Tenant will be concurrent with the execution of this Taso., deposit with Landlord (fly Cashier's Check of' money Order) the sum of two thousand one hundred thin nie ann dollars I . ..... I— -- nine , "--- , d 0/ - 0( Dollars ($2,139-00), WhiCh SAIIII shall be field by Landlord as security for 111C full and projjjl.�)( performance of and every obligation, covenant and agrcement of Tenant in this Lease, including Tenarn'S Obligations upon termination (.)['this Lease or termination of T'enant's right to possession, The deposit (which shall not bear interest to Tenant), may, but need not, be applied by L.andlord in order to cure any default in any of terms, provisions, or conditions of this Leasc. The deposit shall be returned to lriant, by Landlord, after deducting therefrom ally sums owed to Landlord I'Mrsuant to provisions of' this Lease, upon Tenant successfully perl'orming each and every obligation, covenant and agreement required by Tenant to be performed hereunder. Should the Retail Area, Pternises or Building be conveyed, or Landlord's interest be assigned, the security deposit (or any portion thereof not previOUSly applied) may be turned over or credited to Landlord's grantee or assignee as applicable, and if the same be turricd over or credikXf aS aforesaid, Feriant hereby releases Landlord from any and all liability with respect to the security deposit or its application or return and Tenant agrees to look solely to such grantee or assignee for• such application or ICtUrn. Except as provided by law, neither Landlord nor its respective successors shall be obligated to hold the security deposit in a separate account but may commingle the sarne with other funds. 8 of 24 Tclmnt Initiak I rrtidlord Inilmis 21 DOCUSign Envelope ID: 37CC31E8-956E.,4;i79-832D.-1707524BDA6D A RTI C L E 10 ASSIGNMENT OR SUBLETTING Temantacknowledges that Tenant's agreement to operate its business in the Premises lot the use Pernn[Wd ill Section 2.4 herein for the; Term hereof, was a primary inducement and precondition to Landlord's dgivement to lease the Premises to Tenant. Accordingly, Tcnant shail not transter, assign, sublet, enter into license, franchise; or concession agreements, change ownership, morttyage, pledge, cucumber, hypothecate or otherwise transfer this Lease or the Tenant's interest in arld to the Premises in whole or in part, or otherwise permit occupancy of all or any part thereof by anyone with, under or through it (the foregoing herein refierred to as individually as a "Transfer" and coltectively as "Translers") or under it without first procuring the written consent of' Landlord, which consent shall not be unreasonably withheld or delayed. Any attempt to TrauSler Without the Landlord's written consent shall Ile void and coutcr no rights Upon any third person. The prohibitions of'this Article 8 shall be construed to reter to any acts or events referred to whether they occur by operation (if taw., legal process, receivership, bankruptcy or otherwise. A RTJ CLE I I CONDUCT OF BUMNESS section 11.1 Tenant's Oblig'aticons Tenant represents, covenants and agrees to and with Landlord, that throughout the term hereof' it shall: (i) keep the Premises, including the fixtures, displays, show windows, floors, signs clean, near, sanitary and safe and in good order, rcpair and condition (including all necessary rep la cc tile rits, painting at)(] decorating), and shall keep all glass in doors, windows and c1sc,,vItcre clean and in good condition and shall replacc promptly all glass which rilay become damaged or broken with glass of the same quality, ordinary wear and tear and damage by fire or other casualty excepted, (ii) pay, before delinquent, any and all taxes, assessments and public charges unposed upon Tenant's business or fixtures, and pay when dLIC all fcCS (of'SinlihIr nature, (ill) keep the Premises solfficicritly healed to prevent freezing of water in pipes and fixtures in and about the Premises and at such levels as may be required loyally Ccdcral, state or local laws, orditiances, or regulations; (iv) install and maintain such fire protection devices as may be required by any govct-nmental body or insurance underwriter for the 12ctail Area; and (v) keep the Premises free from insects all(] vermin and coninact for, regularly scheduled extermination service. ARTICLE 12 DEFAULTRY TENANT/t.,ANDLORD Section 12,1 Tenant Default/Right to Reenter and Remedies fit the event of' (a) any failtite of Tenant to pay any Base Rent, Additional Rent or any other amount due hereunder for rnore than five (5) (lays aftcr written notice (il'such d.cf"flitt shall have been given to Tenant, or (b) any failure N) pertculn arty other of the terms, conditions or covenants ofthis Lea.se, to be observed or performed by Tenant for more than twenty (20) days after written notice of'such default shall have been given to Tenant or such additional time as is reasonably required ter correct such default provided Tenant has corm-nenced 10 Cure sarne within said twenty (20) day period and is dihgcntly pursuing, same to completion, but no longer than sixty (60) days, or (c) if' enant or an agent ofTenant shall intentionally falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (d) ifTenant or any guarantor of this Lease shall become insolvent, or file tiny debtor p rocced i rigs or take or have takcri against. Tcnant or any guarantor of this; Lease in any court pLu-SLIant to any statute of any state a petition for reorganization car for the appointment ofa receiver or trustee ofall or as portion of-feriant's or array such guarantor's property. or (e) it' Tenant or any such 91.1arantor inakes ,.it) assignillent for the benefit of creditors, (:)I, petitions for or enters into air agreement, or (f) if Tenant shall abandon the Premises, or SUffeT this [.,ease to be taken under any writ of execution, or (g) it Tenant breaches or violates the provisions ofArticle 24 hereof then Landlord, in addition to other lights or rerricifies it may have, shall have the immediate right to tcrininateTcriarit's right to possession ofthe Premises and to reenter and remove all persons and property front the Premises. Such property may be removed and stored in a public warehouses or elsewhere at the cost of, and tilt, the account of, Tenant, all without service of' notice (except as provided hcrcin) and resort to legal process and without being deeniciff guilty oFtrespass or becorning liable for any loss or damage which may be occasioned thereby. Section 12.2 Tenant Defaull/Right to Relet Should Tcnant be in default as provided in Section 10.1 above and Landlord elects to reenter, as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided fear fly 9 of'24 1":11mv luuisel I �mdlord In mals 22 DOCUSign Envelope ID: 37CC31 E8 -956E -4379-832D-1 707524B[DA6D law, or should Tenant fail to cure as default (after expiration of the applicable notice period) Landlord ulay culler terminate this Lease or may, 1r0ru tints to OITIC WithOUt terulinating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and rclet the Premises or any part thereof for such terns Or terms (which triay be for a learn extending beyond the ]..,case Term) all(] at such rental or rentals and upon such other fertits and conditions as I-andlord, in its sole discretion may decul advisable, Upon cacti such reletting,, all retrials received by L.andlord theret'rom shall be applied: first, to any indebtedness other than Base Rem due hereunder fi-oru Fcnaru to Landlord; second, to pay any costs and expenses of reletting, including Additional Rent, concessions, err abatccents, brokers' fees and attorneys' fees, and ol'costs of" such alterations and repairs; third, to the payment ot'Base Rent dric and unpaid hereunder; and the residue, if any, shall be held by Landlord at)(] applied in payment of firture Base Ront as the same may become due kind payable hercuridei. 11 such rentals received fi-Oln SUCII reletting during any month shall be less than that to be paid during that month by Tenant heremidcr, Tenant shall pay ally such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of file promises by Landlord shall be construed as an election Oil its part to tertrurrate this Lease unless as written nOtiCC Ol'SUch intention he givell to "Tenant or unless (fie tert-nination thereol'be decreed by a court ()f'Cotlll)(,terlt,iLlt'iS(liCtiOrl. Landlord Should be entitled to recover front Tenant any Base Rent Which would otherwise have beer) payable under the terms of'this Lease but for concessions or abaternents previously granted by Landlord to Tenant. Notwithstanding any such reletting without tcrinination, Landlord may at any time thereafter (,feet to terminate this Lease for such previous breach, Shoidd Landlord at any time terminate this I-easc for any breach, in addition to any other rernedics, it may have, it may recover trorn Tenant all darnages it may y incur by reason of Sacha breach, including the Cost Ol'rCCOVCriflg the Promises, reasonable attorneys' foes, and including the worth at the time of such tenilinatjoy, aftlta excess, ifarly, ol'the amount ol'Baso Ident reserved in this Lease for the remainder of the Lease I erm over the then reasonable rental value of tile Premises fill- tile remainder of'flic Lease "Tenn, all ol'which annOUrltS Strait be, inuilediatcly (file and payable from Tenant to Landlord. In the event of'a breach byTerr ant ofarly ol'thc covenants or provisions ficreol' 'Landlord shall have the right Of urjUnCtion and the right to invoke any remedy allowed at law or in equity as itk re-entry, summary proceedings and other remedies were not provide(] for heroin, Mention in this I -ease ol'any particular remedy shall not preclude Landlord Froin any other remedy at law, in equity or by statute. Tenant hereby acknowledges that I-andlord shall have the right to exercise any remedy available to it larder this Lease, at kIW, in equity or by stattile and unless clearly stated to tile contrary in this Lease, no right or remedy conferred upon or reserved to the Landlord tinder this Lease is intended to be CXCIUSiVC ol'any other right or remedy given heroin or now or hereinafter existing at IMV, in eCILlity or by statute. Landlord Shalt mitigate its darnages as re(JUircd to do SO under 11filloiS kM Section 12.3 Legal Expenses 1f suit shall be brought for recovery of possession of,the Promises, for the recovery (A'Base Rent. Additional Rent or any other anionrit dric under file provisions Of this Lease, or bCCaUSC Of' the prosecution or del'(,a1sc (by Landlord) of a possession and/or breach of'lease action (but no ()the'- claims, tort or otherwise,) and a breach shall be established, Landlord shall be allowed to be obtain all expenses incurred therefor, including reasonable attorneys' fees. Section 12.4 Landlord Default Landlord shall riot be in default in the perkn-maircc of'any ol'its obligations under ]its Lease unless and until Landlord shall have failed to perform such obligation within thirty (30) (lays after written notice byTenant to Landlord stating with specificity the nattire of Landlord's failure to perform such obligation, or stash additional little as is reasonably required to COITect such (10'aUlt, provided Landlord has cornmellced to cure,saille within said thirty(30) ay period and is diligently pursuing same, to completion. in the event of I-aridlord default, Tenant shall be entitled to exercise all rights and remedies available to it Linder this Lease, at law or in cquity. ARTIC"ILE 13 INSURANCE Section 13.1 By Tenant Tenani agrees to carry Commercial General Liability insurance on the Promises during the Term hereof, covc.ring file Portant air(.] naming the Landlord, Landlord's mortgagee, Landlord's agents and beljot'j(,,.jaries and such other parties as requested by Landlord as additional insureds with terms an(I colur.lanies satijactory to Landlord lot- limits cAllot less thall One Million Dollars and 00/100 Dollars (S 1,000,0(J0,00) Jor bodily injury, including death, and 10 ol'24 T(mmt Invid" fakf lands' mt W DocuSign Envelop(, ID: 37CC31 E8 -956E-4379 832D -1 707524BDA6D personal injury lbrany one occurrence, One Million and 00/100 Do I tars (S1,000,0(A0.()()) property damage insurance or combined Single limit of*'Fwo Million and 00/100 Dollars (S2,000,000), Tenint also agrecs to carry insurance against fire, sprinkler darnage, and such other risks as are front time to time included Ili a Special Causes of' Loss insurance, for the full insurable value covering Tenant's Work, all of Teriant's betterments, Tenant's merchandise, trade fixtures, furnishings, wall coverings, plate glass, (loorcoverings, carpeting, drapes, equipment and all ilcrns ot'personal property ot"I'cirant located off or within the 1.1rcirdses. Tenant shall also carry business interruption insurance, business income and extra expense insurance coverage insuring against flood and all other forms ofwater damage, Tenant's business intcl-I'Llptitul coverage shall include covet -age lot, oIfPrcnlises public utility interruption and said business in(errLIP0011 insurance shall have litnits sufficient to pay Rase Rent and Additional Rent lor a period of'nol less than twelve (1.2) months, At the Corninencenient Date, Tenant shall provide Landlord with copies ofthe policies or certificates evidencing that such insurance is in lull force and effect 'in([ stating the ternis thereof, Section 13.2 Tenant's Waiver of Claims Landlord, its agents and employees. Shall riotbe liable for, and Tenant hereby releases the Landlord from any liability whatsoever, and hereby waives all claims lor losses all(] damages, including, but not limited to, actual and consequential loss ,in(] darnage to the Retail Area or the Building (including betterments and including the loss OfUSC thcreot) sustained by'Feriani rCSUhing frorAl any accident or occurrence (however specifically excluding file negligence of Landlord) in of- upon ,illy part ot'llic Premises or the Common Area, including any right of subrogation which might otherwise exist. in (Ataccrue to any person off account thereof', Section 13.3 Increase in Fire Insurance Premium Tenant agrees that it will riot keep, rise, sell or offer fill- sale in Of LIPorf file Premises any article which inay be prohibited by tire standard form offire Insurance policy, Tenant agrees to pay my increase Ili premiums fior fire and extended coverage (,)I other insurance thm rilay be charged during file ],.case Terin on the, amount ofstich Insurance which rimy be carried by Landlord oil the Prerniscs or the Retail Area resulting from the type of merchandise sold by Tenant in the Premises, whether or riot Landlord has consented to the same, In detertnining WhCtller Increased prerniurns are the result ot"feriant's rise of the Premises, a schedule., issued by the organization IT laking the insurance rale off the Prcnnscs showing the various components of such rate, shall be conclusive evidence of the several items and charges which make Ill) the fire i[ISUrance rate oil the Premises. In the event Tenant's occupancy causes any increase of'prernitun for the corniffercial 9CDCrUl liability, Casualty and other peril insurance rates on the Premises, the Building or Retail Area or any part thereof abovc file rare lot, the. least hazardous type oCoccupancy legally permitted if) the Premises, Tenant shall pay the additional preariurn off such il'ISUrance policies by reason thereof. Bills for such additional prennunis shall be rendered by Landlord to Tenant at Such times as Landlord may elect, and shall be due liorn Tenant when Tendered, and the amount thereof' shall be deemed to be, and be paid as, Additional Rent. Section 13.4 Mutual I ride nuniticatio n A. Fxcept to the extent caused by Landlord's negligence, 'T"criant shall indemnify and forever save harmless Landlord, its agents and employees froin and against any and all third party personal injury and third part), personal property liabilities, liens, claims, demands, damages, expenses, attorneys' fees, Costs, SLIuS, proceedings, actions all(] causes of action of any and every kind and nature arising or growing out of, of- in any way Connec"ted with, Tenant's rise, occupancy, inanagenient (:)I- control ol'the Premises or Tenant's conduct or activities ill the Retail Area, the Building of- Cornnion Area or any part thereof, or occasioned wholly or in part by ally act of, omission of"yellant, its invitees, agents, contractors, employees of, servants, 13. FXccllt to the extent caused by Tenant's negh)gence, Landlord shall indemnify and fiorcver save:. harmless Tenant, its agents and employees from and against aany and all third flatly personal injury and third party personal property liabilities, ]tells, claims, dernarlds, darnages, expenses, attorneys' fees, Costs, Suits, proceedings, actions and causes of action ofany and every kind and nature arising or growing out of, or in any way connected with, Landlord's management and control of file Retail Area, or the 1313ilding Air ( I oninion Area of- aany part thereof, or. Landlord's conduct of- activities in the Premises or occasioned wholly or in part by any act or ornissiorl ojj,arlrljord, its invitees, agents, contractors, employees or servants. 11 of'24 I midlord tnamk 24 DOCUSign Envelope ID: 37CC31 E8 -956E -43'19-832D-1 707524BDA6D ARTICLE 14 NO PERSONAL LIABILATY OFLANDLORD "L.,andlord", as used in this Lease insofar as covenants or- obligations on the part ofTandlord are concerned, shall be limited to mean and include only the owner or owners at the finic in question ot'the Preriuses, In the event oil' any transfer of' title, the L'andlord trained herein shall autornatically bc, freed and relieved lrorn and after the datc, of. such transfer of conveyaricc ol'all liability as respects the perl"orniance cif any covenants or obligations on the part of Landlord contained in this Lease thereafter to be perf'ornied, provided that any funds in the hands ol'such Landlord at the time. of such transfer shall be turned over to the grantee. A RTI C , L E 15 ACCESSTO PREMISES l-andlord, its agents, representatives and designees shall have the right to enter the premises teat any reasonable time upon reasonable prior notice (except in case ol'apparent emergency, when entry shall be permitted ,It any time and without notice) to examine arid inspect the sarne, and/or to perform such maintenance, repairs, additions or alterations as f.andlord may deem necessary or Proper for the saf'cty, irnprovenrent or preservation ol'thc Retail Area and/or the Building; provided that dtiring such access, Landlord agrees to use reasonable efforts not to unreasonably interfere with the Tenant's operation of its business. Landlord shall also have the right to enter the premises upon reasonable prior notice during Tcnant's regular business hours, to exhibit same to 1.,)rospective ptirchasers, mortgagees, lessees and tenants. Additionally, Landlord, its agents, representatives and designees shall have the right to enter the Premises from time to time, at any reasonable time and upon reasonable pru:)r notice to install, maintain, nrodil'y, relocate arid/or remove (flack iron, 11VAC condensing lines, water lines, electrical lines or any other utilities or pipes (collectively "Pipes") above the dropped ceiling (it' any) of' the premises and below the second level lloor for- the purpose of' installing, triodif,ying, maintaining, repairing and replacing Pipes fit through the premises l'or the benefit of'any other par( of the Fluilding, and (it) through tire Premises and into the shaft located in the utility room of the premises that runs to the roof'ol'the, Building, ARTICLE 16 TENANT A1,TE1 ATIONS Tenant shall not tuake any structural or mechanical alterations in any poi -tion, ol'the premises, nor make any alterations tear the exterior ol'the Premises without first obtaining the written consent of Landlord, which consent may be ovithheld in [,andlord's sole discretion, ARTICLE 17 REPAIRS AN[) MAINTENANCE Section 17.1 Landlord's Obligations Landlord shall keep or cause to be kept the foundations, floor slab, footings, flashings, structural portions of the walls and similar items of the PrCrniSCS in good order, repair and condition except for damage thereto due to the act or omissions of Tenant, its ernployces, agents, contractors Or invitees. Landlord shall also keep in good order, condition and repair all systemic lighting, electrical, plumbing and other utility equipment and appurtenances rip to tire point ol,corinection to each ]eased and occupied space:" in the Retail Area (but excluding treating, ventilating and air conditioning fixtures arid systCJuS Serving the; PIVIniSCS exclusively, whether or not located in the Premises, which are "T'enant's responsibility to maintain, repair and replace, under Section 17.2), '['his Section shall not apply in case of damage or destruction by fire or other casualty or condemnation or erninent domain, in which event (lie obligations of Landlord shall be controlled by.Articles 17 arid 18. F"xcept as provided in this Section 1 T 1, Landlord shall not be obligated to rnake, repairs, replacements or u-irprovenients of' any kind Upon the Prernises, or to any equipment, merchandise, stock in trade, facilities or fixtures therein, all of'which shall be Tenant's responsibility, but Tenant shall give Landlord prompt written notice of arry accident, casualty, damage or other similar occurrence in or to tire Premises, the Building or the Cournion Area of'which Feriant has knowledge. Section 17.2 Tenant's Obligations 12 of 24 Landlord Inicials 25 DocuSign Envelope ID: VCC31 E8 -956E -4379-832D-1 707524BDA6D Tenant shall at all tunes maintain, repair air(] replace the Premises (including all entrances and vestibules) and all partitions, windows and window frames and moldings, plate glass, signs, glass, doors, door openers, fixtures, equiptrient and appurtenances thereof" (including lighting, electrical, plumbing, heating, ventilating and air conditioning fixtures and systems ("l1 VAC"') and other nreclianical equipment and appurtenances servingthePremises exclusively, whether or not located in the Prcrnises) arld all parts of'the Premises not require([ herein to be maintained by Landlord in good order and condition, clean, orderly, sanitary and SinC, dirtriage by unavoidable casualty excepted, including, but not limited to, doing such things, at Tenant's sole cost road expense, as are necessary to cause (fie Premises to comply with applicable laws, ordinances, rules, regulations, directions, requirernerns and orders of. governmental and public bodies and agencies which are now in force or which rnay hereafter be tit fiorce, which slultl ilultOSe Mly duty upon Landlord orTerrant with respect to the use, occupation or alteration of the Premises or the Retail Area, such as, but not limited to, the Williarns-Stciger Occupational Safety and Health Act and the Americans with Disabilities Act. 11'rcplaceinew ofequipirrent., fixtures, units, systems and appurtenances thereto are necessary, Tenant shall rcplacc the sarne with cquipt-nern, fiXtUrCS, units, SyStCluS and appurtenances of'the same quality, and Sh011 repair tall darnages done in or by such replacement. Tertarit must obtain Landlord's prior written consent bcl'(,)re accessing or entering upon the roof. IfTellant refirses or neglects to make repairs and/or to maintain the Premises or any part thereof in a ruatincr reasonably satisfactory to I-andlord, Landlord shall have the right, but not the obligation, upon giving Terrant reasonable written notice of its election to do so, to make such repairs or perf6rin such maintenance, on behalf ofand for the account ol"Feriant. Such work shall be paid fiu- by Tenant, as Additional Rent, promptly upon receipt of ,a bill therefor with a fifteen percent (151,'/,)) administration charge added to the total. Terrane shall, as [)art ofits maintenance and repair obligations hereunder, enter into a service contract with a local, approvcd contractor for service, maintenance and repair of the HVAC equipment within and servicing the Prentiscs, which shall provide lot- servicing by such contractor no less oftcri than quarterly. Such Maintenance Contract for the HVAC shall include but not be limited to those requirements appearing within this lease. If' any JIVAC equipment is beyond repair and requires replacement, as determined by Landlord's chosen contractor, the Landlord shall be responsible lot- and pay for said replaceirient(s) at Landlord's sole expense. Any other repairs to IlVAC' equipment shall be Tenant's sole responsibility and Tenant's sole expense. Ally repairs or replacement of tine rool'shall be the Landlord's responsibility. I-andlord shall not have any further obligation for any portion ot"the property, fincrim, or exterior, during the entire Cerin of'this Lease or any option period. Tenant shall have sole responsibility for all other maintenance, repairs and replacements ol'the property and any appurtenances thereto, including, but not necessaril limited to any plumbing issues fie. clogged toilet, leaking faucet) inside Tenant unit, y r, IfTandlord is required to make repairs or replacements to the roof'ot'the building, FIVAC' system, and/or any other portion ot'the property (whether Tenant leased portion or outside portion) by reason ol-fcnai it's negligent acts or ornissions to ,.let or if Tenant refitises or neglects to repair property as required hereunder and to the reasonable satistaction of'l..,andlord as soon as reasonably possible after written demand, Landlord may, but is nuclei- no obligation to, make such repairs without liability to Tenant for any loss or damage that may accrue to J errant's rnerchandise, fixtures, or, othei property or to I criant's business by reason thereof. Upon completion thereof, Tcnanu shall pay Landlord's costs for rnaking such repairs, plus TWENTY (" WN,) PERCENT of such costs for overhead, upon presentation of'a bill therei'or as additional rent. ARTICLE 18 Lff"INS Tenant will not create, permit to be created or to remain, and will discharge, any Hen (including, [')In not: limited to, the hens ol'mecharrics, laborers or triaterialmen for work or materials alleged to be done or furnished it) Connection with tit(" Premises), encumbrance or other charge upon the Premises or any part thereof'and upon Tenant's leasehold interest therein and perl'ornied by or through Tenant, its assignees and subtenants. If' any lien is placed upon the Premises, or the Building or the Retail Area as a result ot'any work done, or materials furnished to, oil behalf of-Feriant, its assignees and subtenants, or as a result ot'any goods or services sold or rendered to Tenant, then Tenant shall, within lei) (10) days ol' the unposition of (fie hen, cause said lion to be released of` record at Tenant's sole expense. 13 of 24 Tcflmll I'midi,m] W DocuSigri Envelope ID: 37CC31 E8,,956E.-4379-.8321.)-,1707524B1 A6D Tenant shall indemnify and forever save harmless J_andlord, its agents and employees from and against any and all liabilities, ]tells, claims, dernands, darnages, expenses, attorneys' fees, costs, suits, proceedings, actions and cause,,, ofaction ol'any and every kind and nature arising or growing out Of, or in any way connected with, any work done, or materials furnished to, of) behalf of, I ferlaill, its successors, assigns and subtenants, of, as a result ofarry goods or services sold or rendered to Tenant, its successors, assigns and subtenants, it) the Premises, or the Building of- the Retail Area, In case Landlord shall be made a party to any litigation commenced againstTenant, its successors, assigus and subtenants, regarding same, then 'I'ellant shall protect annd lbre%cr hold Landlord, its ageiits and employees harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Landlord in connection with Such litigation, Further, and in the event that Landlord is selling (orrelinancing) all or any part ofthe Retail Area that includes the Pren-fises, and Tenant's Work has not been completed, and paid for,Terlant shall deliver- to L,andlord, upon request, an indemnification (ill the loan sand content (lien in use by the Landlord's title insurance company) indenrnifying said title cornpany for mechanic lion claims that might attach to (lie Retail Area as a result ofTcriant's Work. AR11CLE 19 DESTRUCTION OF PREMISES Section 19.1 Fire, Lxplosion or Other Casualty In the event (lie Promises are darriaged by fire, explosion or any other casualty to an extent which is less than fifty percent (50%,) (iftlic cost of replacement of the Pretruscs, the clarnage, except as is otherwise provide(] in this Article 19, shall promptly be repaired fly L.andlord at Landlord's expense. provided that Landlord shall riot be obligated to expend for such repair air amount in excess ofthe insurance proceeds recovered as a result of such darnage and that ill no event shall Landlord be required to repair or replace Tenatit's Work of- betterments, Tenant's stock in trade, fixtures, ffirniuirc, furnishings, floor- coverings, equipment or plate glass. lit the event of any such damage and (a) Landlord is not required to repair as ficreinabove provided; (b) the Promises shall be damaged to the extent of fifty percent (501N)) or more ofthe cost of replacement 'or (c) the Retail Area, the Building or the conlynon Area are dantaged to the extent oftwenty--five percent (25u,4q) or triore ofthe cost ofreplacernerit, Landlord may elect either to repair- or rebuild the Prernises, the Building or the Retail Area, or to terminate this I case upon giving notice of'such election in writing to TC11,11-11 within ninct I after the OCCUrrence ofthe evcrit causing tile datuage; provided y (90) (lays , Landlord shall have no right to terminate this [,,case in such event unless t,andlord terminates the leases of all other tenants fit the Retail Area who are sinfilaily affiected. If casualty, repairing or rebuilding shall render the Premises Lill tcmantabl c. in whole or in part, a pro rata share abatement ofBase Rent and Additional Rent shall be allowed frorn the date when the damage occurred until the date Landlord completes its work, said proportion to he computed on the, basis ofthe relation which the gross square foot area of the space rendered untenantable bear's to the square footage ofthe Premises as set forth lit Section 1.2 hereof. 11) the event that Landlord is required, or elects to rebuild aas provided for- above, and falls to cornplete same within 365 days of occurrence ofthe event causing the damage, then Tenant shall have life right to terminate this Lease upon giving the Landlord at least thirty (30) days written notice of'such election, which notice must be given to Landlornearlr than 36ie5 days after the occurrence of the event Causing the damage and no later than 455 (lays after- tired OCoCLAII-elICC OfthC eVent causing the damage. if Landlord fails to substantially complete such rebuilding before the expiration of'said thirty (30) days, their this L,case shall terminate is ofthe thirtieth (30th) day and neither parry shall have any obligation to the other- hereunder. Section 19.2 Repair of Landlord's and Tenant's Work The provisions of this Article 19 with respect to repair by Landlord shall he limited to such repair as is necessary to place the Prcmiscs in the condition that existed on the Possession Date, and when place(I if, such condition, the Premises shall be deemed restored air(] rendered tenantable, Within ninety (90) days therealler, Tennant, at Teriant's expense, shall complete Tenant's Work, replace its stock in trade, fixtures, turniture, furnishings, floor - coverings, equipment and plate glass, and, il"I cnant has closed, Tenant shall reopen lot, bUSiuCSS Withill Such ninety (90) clay period. Section 19.3 Determination of Damage If call or any part ofthe Premises, the Retail At -ca. tire Building or Cloninion Area is destroyed or damaged as set tot-th ill Section 1 9 1, an architect designated by Landlord shall determine the extent of destruction of- damage 14 of'24 Tcnafa Initials 9 J,andind lmmds 27 DocuSigli Envelope ID: 37CC39E8-956E.-4379-8�32D.1707524BDA6D and provide Landlord with a certificate arresting tel the condition of Prenrises, the 131rilclinpw, Cornnion Area or the Retail Area, as the case may be. A RTI CL E 20 CONDEMNATION if the Premises shall be taken by right of eminent domain, in whole or fir part, for public purposes or should be sold by Landlord under the threat of the. exercise of such power, then this Lease, at the option of Landlord, shall terminate arid all Base Rent and Additional Rent, shall be properly apportioned to the date ot'such taking, and the Landlord shall receive the, entire award for the lands and improvements so taken, or the entire amount ofany payment made under the threat of the exercise of power ciferninent domain, and Tenant shall have no claim for the value of any p ortion of its leasel-rold estate so terminated except any claint to which Tenant is solely entitled not affecting Landlord's claim. If landlord does not terminate this lease as provided above arid if less than as substantial part of the Pi -cruises shall be taken, (his Lcase shall not terminate, Landlord at its expense shall restore and reconstruct the Premises, provided such restoration and reconstruction shall make the sarin suitable for the uses for which the Prcrnises are leased, but in no event shall Landlord be required to expend any amount greater than the amount receive(] Ivy Landlord as compensation for the portion of the Premises taken by the condemner. Tenant's rental obligation,", during the unexpired portion of this Lease shall be adjusted pro rata to reflect the gross leased all(] Occupied area remaining; in the Premises, as of the date on which the condemning authority to title or possession. Notwithstanding anything contained herein to the contrary, if', it) Landlord's determination, any significant portion ofthe Retail Area or the Building, shall be taken by the exercise, or under the threat of the exercise of, the power of eminent dolriain, Landlord may, by notice in writing to Tenant delivered oil or before the day ol'surrendering possession to the public authority, terminate this Lease, arid Base Rent shall be paid or refunded as offlic, date ofternnination. ARTICLE 21 FORCT MAJEURE Ili the event that either party hereto shall be delayed or hindered in or prevented fi-orn the, perfortriaticc ofany act required hereunder by reason of strikes, lockouts, inability to procure materials, loss of utility services, restrictive gOVerDI'llerual IOWS 01' regulations, riots, insurrection, war, acts of(jod, or other reason of a like nature not the fault of' the party delayed in performing work or doing acts, required under the terms of this Lcasc their ficrformance of any such act shall be extended for a period equivalent to the period ol'such delay. The provisions of this Article shall not operate to eXCUSC 'Tenant front the prompt payment of Base Rent, Additiolld] Rent Or any Offiff Charges Under this Lease. ARTICLE 22 SUCCESSION TO LANDLORD'S INTEREST Section 22.1 Attorninent Tenant shall attorn and be bound to any of'LarldlOrd'S SLICCCS.SOI-S Under all the terms, coveriants and conditions of this Lease for the balance of the remaining Term. Section 22.2 Subordination This lease shall be subject arid subordinate to the liens of any nrortgages orally lien resulting front any method offiriancing or rclinancing (hereinafter collectively referred to as "Mortgagc") now or liereafter existing against all or any part. ofthc Retail Area owned by the Landlord, and to all rencwals, modifications, replaccinclus, consolidations arid extensions thercol'. Tenant shall execute and deliver afl documents requested by any such niortgagcc or security holder, provided such niorigagee or security holder agrees in writing with Tenant not to disturb t'enant's possession while Tenant is not in default hereunder. The forq.,,oing notwithstanding any mortgagee or beneficiary may at its option subordinate such Mortgage, trust, decd or other financing instrument to this Lease. Declaration off(eciprocal Easement Agreements: '['his Lease may, in the future, be subject and subordinate to a declaration of'rcciprocal easenrent agreement ("Declaration") and "tenant shall CXCCUtC such instrUrIlCut aS Landlord requests to evidence Such subordination, 15 of 24 '1 � nam I 111tiakAai DocuSigri Envelope ID: 37CC3lE8-956E-4379-8320-1707524BDA6D Section 22.3 Estoppel Certificate Within ten (10) days after I'C(lUeSt therefor by either party, the other party shall cXeCUtC and deliver to the requesting party fa \vritten cc t-tificati on stating that this Lease is Un 1110(1 ified and in hall force and effect (or if' ir iodilied, that the same is in full force and effect as modified, and staling the modifications), that there are no defenses or of thereto for stating those clartned by Such party), the dates to which Base Rent and Additional fWrt have been paid, ,in(] such other matters as such party shall reasonably reciticst. ARTICLE 2.1 SURRENDER OF PREMISES Section 23.1 Surrender ofAlrernises At the expiration or earlier termination ol'this Lease (or Tenant's right of'possession of the. 11 ranises), Ten" lilt shall surrender the premises to Landlord in broom clean and in the same condition as when tendered by Landlord of) the Possession Datc, reasonable wear and tear excepted. 'tenant shall promptly repair any damage to tile Premises cause(] by the removal of any furniture, trade fixtures or other personal property placed in the Premises and "tenant's obligations hCrCUndcr shall survive the expiration or sooner termination ofthis Lease. Any trade fixtures belonging; to the Tcnain locatcd at the Prcirriscs shall upon the termination of dirt Lease, be removed by Tenant at 'tenant's sole expense, or be deemed abandoned by Tenant and such abandoned property shall, become Landlord's property. Tenant shall repair of- pay f(,)r the; repair of any damage done to the Premises resulting from removing same, including painting or redecorating the premises. Section 23.2 Hold Over IfTenant holds over or occupies the premises beyond the Perin, or Tenant's right of possession of tile Premises (it being agreed there shall be no such holding over or occupancy without Landlord's written consent), Tenant shall pay Landlord for each day of such holding over a Sun) eClUal to 1501N) ofthe Base Rerit prorated liar the nurriber of days of suet) holding over, plus 1 5WI(') of all Additional Rent which Tenant is required to pay hereunder had this [,ease been in effect. In addition, thereto, Tenant shall be liable to Landlord trn, any all(] all darnages which J_andlord shall suffer by reason thereof", and Tenant will indemnify Landlord against all claims and dernands made by 'any succeeding; tenants against Landlord, founded upon delay by Landlord in delivering possession offhe premises to such succeeding tenant. HA criant holds over with or wi(houl Landlord's written consent, Tenant SIVIII 0CCUpy tile Premises on a tenancy trorn month to mouth and all other tcrfirs and provisions of this Lease shall be applicable to such period. ARTICLE 24 SIGNS, AWNINC.'S, CANOPIES Tenant will not place or permit on any exterior (loot-, window (interior or exterior) ()I- wall of the premises any sign, Meaning, canopy, advertising matter, decoration, lettering or other thing of any kind which is not first approved by Landlord, which approval shall not be unreasonably withhold or delayed. In tire event Tenant installs any signage in violation ofthe provisions of this Article 24, the I_andlord shall have the right to remove tire same after giving [enfant rive (5) days prior written notice. Prior to erceting same, Tenant shall submit to Landlord fa rendering of Tenant's proposed signage which Laudlord shall have the right to approve, which approval shall not be unreasonably withheld or delayed. "subject to the conditions herein, 'I enant agrees to erect a storefront sign within 1i011r (4) months of [,ease start date so as to maintain ra professional environment and presentation of the subject property, As there may be insufficient space oil the existing Property pylon sign for all Tenants. It'requested by Tenant and approved by Landlord (at Landlord's sole discretion off approval and location), fr [)ylon sign may be erected at Tenant expense. Any signs that Tenant maintains in(] displays inside the 1)rcrnises, to the extent carne are visible frorn the exterior of the premises, shall be prof 'essiorally prepared. Notwithstanding any of the foregoing, Tenant will not place or suffer to be placed or maintained on tile property (including but not limited to exterior and/or parking lot),on any exterior door, wall or window ofthe ]eased premises any sign, awning or canopy, of, advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising rnatter on the glass ofany window or door of ]eased premises without first obtaining Landlord's written approval and consent and the consent and approval of the local municipality or -any other 16 of 24 TcAlant hki�d, , 11d fandlold DocuSign Envelope ID: 37CC31E8-956E-4379-832D-1707#524BDA6D governmental or administrative body. Tenant further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Tenant shall 1101 use arty advertising or other media objectionable to Landlord, such as loud -speakers, phonographs, or radio or television broadcasts that can be heard or seen outside fire leased premises. At the expiration ofthe Lease ['erre, Tenant shall remove such sign and repair at Tenant's sole expense any damage to the Prernises or Building caused by the attachment, use or removal of such sign. 'Fetraut agrees to indcrunify the, Landlord frorn, any injury, CMISC of action, or claint in any way relating to the attachment, dislodging, removal Or Use OfSLJCh Signs. AR,nCl-,E 25 1 MISCELLANEOUS Section 25.1 Partial Invalidity If any term, covenant or condition ot'll-ris Lease or the application thercofto any person or circumstance shall, to any extent, be invalid or itneriforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstance other than those as to which it is field invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this Lease shall be valid and be clilbrced to the fullest extent permitted by law. Section 25.2 Successors and Assigns Fxcept as otherwise provided herein, this [.case sliall be binding upon and inure to the benefit of the parties hereto and then- respective heirs, personal representatives, CXeCUtOT`S, Successors and assigns. Section 25.3 Waiver '['he Waiver by Landlord of any breach of an), term, covenant or condition herein contained sliall not be deerned to bc a Nvaiver, ol'such term, covenant or condition or any Subsequent breach of the sante or any other term, covenant or condition herein contained- The subseclUcril acceptance offlase Rent or Additional Rent hereunder- by Landlord shall nor be deerned to be a waiver ofany preceding breach by Tenant of any term, covenant or condition of this Lease regardless of Landlord's knowledge cif" such preceding breach at the time of acceptance of` such Base Rent or Additional Rent, No covenant, term or condition of this Lease shall be deerned to have been waived by Landlord, unless such waiver be in writing by Landlord. Section 25.4 No Partnership Landlord does not, it) any way or for arty purpose, become a partner, employer, principal, master, agent or joint venturer of or with Tenairt. Section 25.5 Time Is OfThe Essence 'I ime is ofthe essence of this Lease. Section 25.6 Broker's (Commission Tenant and Landlord warrant each to the other that it has had no dealings with any broker or of in connection with this Lease except as designated in Section 1. 13, and each party Covenants to pay, hold harmless and indemnify the other front and against all costs expense or liability for any compensation, commissions and charges claimed by any broker or agent with respect to this Lease or the negotiation thereof. Section 25.7 Entire Agreement This Lease and the Exhibits attached hereto and Ibri-ning a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the premises and there are it(:) covenants, promises, agreements, conditions or understanding, either oral or written, between them other than as arc herein set forth, No subsequent alteration, arricrichriem. change or addition lo (his ].,ease shall be binding Upon Landlord or Tenant unless reduced to writing and signed by them. Section 25.8 Applicable Law The validity, performance and enforcement of this I -ease shall be governed by the laws of Illinois. Section 25.9 Notices Whenever under this [,case provision is made for any demand, notice or declaration of arry kind, or where it is deerned desirable or necessary by either party to give or serve any such notice, demand or declaration to the other 17 of .L4 Tomm % G,�olellrrFellr�llia6s .. Rill DocuSign Envelope ID: 37CC31 E8 -956E -4379 -832D. -I 707524BDA6D party, it ,,hall be in writing and sent by certified mail, return receipt requested, postage In-epaid, to the address set forth in Section 1.10 hereof or to such other address as previously provided by a party to the other by proper notice herCUnder, 'File day aficr (lie certified inad is deposited with the United States Postal Service shall be the date on which any notice hereunder shall be deenred,given, Section 25.10 Execution of Lease The submission ofthis Lease for exarnination or signature does not constitute a reservation of or option for the Premises and this Lease shall become effective as a lease only upon full execution thereof' by both Landlord and Tenant, and the deliver), of'sarric to each other. Section 25.11 Accord and Satisfaction Landlord is entitled to accept, receive and cash or deposit any payment made by Tenant Im any reason or purpose or in slily arnOUrn whatsoever, and apply the same at Landlord's option to any obligation of Tenant and the saine shall not constitute payment of' any arnount owed except that to which 1-andlord has applied the same. No enchirsernentor statement on any check or letter ofTenant shall be dceracd all accord surd satisfaction or otherwise recognized for illy purpose whalsoever. 'I lie acceptance of any such check or payment shall Ile without pre ' j t idice to Landlord's right to recover any and all amounts owed by Tenant hereunder and Landlord's right to pursue any other availabic, remedy. Section 25.12 Corporate Tenant If Tenant is a corporation, the persons eNecuting this ]..,case oil behalf ofTcnant hereby covenant, represent and warrant that Tenant is a duly incorporated or duly cloalified corporation and is ',11,11horized to do business in the State of Illinois, and that the person executing this Lease oil behalf of` is all officer of such Tenant, and is duty authorized to sign and execute this Lease. Section 25.13 Waiver (if Jury Trial The parties hereto shall and they hereby do waive trial by jury in any action, procceding or counterclaim brought by either of' the parties hereto against the other on any matters whatsoever arising out of or in any way connected with the non-payment of' airny money due under this Lease, hi the event Landlord commences any proceedings for nonjiayruCut Ofarly I -Cut, Tenant Will o0l. interpose any counterclaim of whatever mature or description in any such proceedings. ]'his shall not, however, be Construed as a waiver of the Tenant's right to assert such claims in any separate action or actions brought by the Tenant. Section 25,14 Default Rate The "Default Rate" as used herein, shall mean five (51,44) percent annually in excess of the "Prime Rate" Published in the Wall Street Journal. Section 25.15 No Presumption Against Drafter Landlord and Tenant understand, agree and acknowledge that fit this Lease has been freely negotiated by both parties; and (ii) in any controversy, dispute or contest over the meaning, intel"pretation, validity or enforceability of' this ],case or any of its terms or conditions, there shall be no interference, presumption or conclusion drawn whatsoever against either party by virtue of"th'at party having drafted this Lease or any portion thereof. Tenant has had the ability to review this I -ease with his/her own attorney and is fully satisfied with its terms. Section 25.16 Reserved Areas Landlord reserves all rights to USC (or grant other parties the right to use) anti Tenant shall have no right, title or interest in (i) the exterior non -storefront portions ofthe Premises, (ii) an- rights above the Building and rights to the land and improvements below the floor level of the Premises, and (iii) areas within the Premiscs necessary for utilities, services, safety and operation ofthe Building that will not materially interfere with Tenant's use Of'thC Pi-cmiscs. Section 25.17 Costs, and Fees Tenant shall pay rolion dennand all L,andlord's costs, charges and expenses, including fees of attorneys, agents and others retained by I-andlord, incurred in enforcing any of the obligations of Tenant Under this Icase or i11 arty iy litigation, negotiation or transaction in which I andlord shall, without Landlord's fault, become involved through or on account of this lease, Section 25.18 Parking Landlord shall designate specific parking arca(s) forTeriant and Tenant employces/coritnactors. Tenaptu, 18 of'24 Tctlmll 31 DOCUSign Envelope ID: 37CC3lE8-956E-4379-832D-1707524BDA6D and/or any Tenant agent shall not be allowed to leave amy vehicle(s) overnight unless approved in writing by Landlord, at Landlord's sole discretion. ARTICLE 26 E'NN/I11ONMENTAL MATTERS Tenant shall not use or pern-rit the rise of the Premises or any portion of'` the Retail Area for any activities involving, directly or indirectly, the use, generation, treatment, storage, or disposal ofany hazardous or toxic chemical, material, Substance or waste, including without limitation, (1) asbcstos in any fi)rrn,- (2) urea formaldehyde lbarn insulation; (3) transibriners or other equipment which contain dielectric fluid containing polychlorniated byphenyls; (4) any other hazardous or toxic chemical, material, substance or waste, exposure to which is prohibited, firnited or regulated by any F'cdcral, State, County, regional or Local authority fall being hereinafter referred to collectively as "Hazardous Substances"). During the term of this Lease Landlord shall have the option to retain a consultant wlio will conduct all investigation ofthe Retail Area to verif"y that no portion of file Retail Area (including the Premises) is being used for any activities involving, directly or indirectly, the rise, generation, treatment, storage or disposal of any Hazardous Substance. Tenant hereby grants to Landlord, its agents, cniployce', consultants and contractors the right to enter upon the Premises and to perl'Orrin such tests on the Premises as are reasonably necessary to conduct any such investigation. Tenant covenants to Landlord that the Vi-crinses shall not at any time prior or subsequent to file (,'onninencernem Date, be used by Tenant, Many SUbtellant or any other person or entity, claiming by, through or under Tcriant, for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any Hazardous Substance. 'errant agrees to indemnity, defend., and lbrever hold Landlord harmless from and against any claims, losses, damages, actions, liabilities, causes ofaction, suits, investigations and judgments ol"any nature whatsoever, including, without limitation, reasonable attorneys' fices and costs of litigation, incurred by Landlord in connection with any breach of" the provisions contained in this Article. The foregoing indemnify shall survive the expiration or earlier termination of this Lcase. ARTICLE 27 AMERICANS WITH DISABILITIES ACT The parties hereto acknowledge that the Americans With Disabilities Act of 1990 (42 LJ.Sk'1,)12101 clseq.) and regulations and guidelines prornulgated thereunder, as all of the sarne nray be amended or supplemented from time to time (collectively referred to as "ADA") estatifish requirements for business operations, accessibility and barrier removal, and that Such requirements may or may not apply to the Premises and the Retail Area depending on, arriong othcr things: (a) whether Tenant's bivsiness is deemed a "public accommodation" or "commercial facility", (b) whether such requirements are "readily achicvable", and (c) whether a given alteration affects a "prunary function area" or. triggers "path of travel" requirements. The parties hereby agree that: (i) Landlord shall be responsible for ADA 'ride Ili compliance in the Common Areas, except as provided below; (ii) Tenant shall be responsible for ADA Title 111 compliance in the Prerniscs, including , any leasehold improvements or other work to be perforriled in the Premises by Tenant under or in connection with this Lease, and (in) Landlord may perforin, or require that Tenant perlbrin, and Tenant shall be responsible for the cost of 'ADA Title III "path of travcl" requirements triggered by alterations ill the Premises by Tenant. Tenant shall he solely responsible for rcquircinctits under Title I offlic ADA relating to Tenant's employees. SIGNATURE PA GE 1'() FOLL 0 141 19 of 24 Tenant himak Lmull,ml Inillat", RN DocuSign Envelope ID: 37CC31 E8 -956E -4379-832D-1 707524BDA6D IN WI'I'Nf-"SS WI 1FREOF, the parties have subscribed their respective signatures in eXeCL160D IICIVO[" on the (lay and year written. LANDLORD - CG MOUNT PROSPECT LIX, an Illinois limited liability company By - CG MC' UNTPROS]"FO'Llk. Its Managing Member S1'L,END1D DAV SPA, INC. an Illinois corporation �,',--D<XuSigned by: BY: president GUARANT(IM ---DocuSigned by: BY: . . ..... Alberta Vassileva 11� 20 of'24 Tcymm Inlo, Al '11S ninak 9*1 DocuSign Envelope ID: 37CC31E8-956E.-4379-8320-1707524BDA6D EAMBIT'A' RLJL,ES AND REGULATIONS I All loading and unloading ot'goods shall be done only at such times and in the areas and entrances, as may be designated for such purposes by Urridlord, (2) The delivery or shipping oftnerchandise supplies an(] fixtures l�o and itorn the Premises shall be subject to Such rules and regulations as in the Judgment of the Landlord are necessary for the proper operation ofthe Premises and Retail Area, (3) All garbage and refuse shall be kept in the kind ot'container as may be specified by Landlord and shall be placed outside of' the Premises prepared for collection in the manner and a( the times and places specified by Landlord. If I-andlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use sante at'Tcriant's cost. 'Tenant shall pay the cost of removal of any of"feriant's refuse or rubbish. (4) No radio or television or other Sirralar device shall be installed on the roof or the exterior ofthe building Without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roofor exterior walls ofthe PreraiSeS, or On the grounds, without in each instance, the written consent of the Landlord, (5) No loudspeakers, televisions. radios, or other devises shall be used in a manner to be heard or seen outside of'the Premises \VufiOUl the prior written consent of the Landlord. (6) The Tenant shall keep the Premises at a temperature sufficiently high to prevent Freezing of water in pipes and fixtures. (7) The outside areas immediately adjoining (lie Premises shall be kept clean and free ftorn snow, ice, dirt and rubbish by the Teriant to the satisfaction oftlic I-andlord and Tenant shall not place or hermit any obstructions or merchandise in such arenas. (8) The Tenant and his employees shall park their cars only in those portions of the par•king area as may be d"ignated ftir that purpose by (fie Landlord, (9) ']'Ile plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance ol'any kind shall be thrown therein, and the expense ofany breakage, stoppage or damage restilling from as violation of flit; provision shall be borne dry Tenant, ( I The Tenant shall use at Tenant's cost such pest extermination contractor as Landlord may direct and at such intervals as may find necessary for the overall protection of the Retail Area, ( I I The I 'enant shall not burn any trash or garbage of tiny kind in or about the Premises or Retail Area. (t2) No bicycles or other vehicles and no animals shall be allowed on the Premises without written consent of the Landlord. (13) The Landlord, his agents and independent contractors shall have the right to enter the Premises at all reasonable times to examine, exhibit or repair same, The Landlord may place and keep on the windows and doors of" said Premises a "I"or [.,ease" notice within the last 90 days prior to the expiration of this lease or otherwise by reason of any prior termination herein, (14) No article deemed extra hazardous on account of fire or explosion shall bC' for -ought or kept on the Vrerrriscs. (15) No awnings shall be erected on the Premises, nor shall any auction be allowed on the Premises without the written consent of the Landlord, 21 Cif 24 Folant Initial, I andl, rd I rift lals V 34 DocuSign Envelope ID: 37CC31 E8 -956E -4379-832D-1 707524BDA(.5D (16) No search light, dashing; lights shall be installed which max he heard or seen outside the Premiss or in the Retail Area without the WrikCII C011SCIn Of'tlIC Landlord. (1'7) The Landlord reserves the right herrn time to firne to arnend or supplement the foregoing rules and regulations, and to adopt additional rules and regulations applicable to the Premises and Retail Area, Notice (A'such amendments and supplements thereto, il'any, shall be given to the Tcnant. I errant agrees to comply with all such additional IIIICS and regulations upon notice to Tenant I -torn Landlord, Dated: 121.1212022 20 SPLENDID DAY SPA, INC. An Illinois corporation DocuSigned by: 13 Y: hs; president 22 of 24 k'naw InIti, AS 35 DocuSign Envelope ID: 37CC31 EB -956E -4379 -832D. -I 707524BDA6D LEASE GUARANTY THIS LEASE GUARANTY ("(.41,11-anty") is made and entered into this I" day of January 2023, by Albena Vassiteva, individually ("Guarantor") to CG MOUNT' PROSPEC"I"LL(I ("Lessor"). WHEREAS, concurrently with the execution ofthis (.,ease Guaranty, Lessor and SPLENDID DAY SPA, INC. an Illinois corporation ("Lessee") have executed that certain lease agreement Im 137 W Prospect Ave, Mount Prospect, 11, 60056 (the "Lease"), and WHEREAS, (Juarainors havea financial interest inTeriant and shall derivea material economic benefit from the Lease, NOW THEREFORE, in consideration ()I', and as at) inducement for the execution of said ].,ease by l-andlord, and for other good and valuable consideration, file receipt, adequacy and sufficiency of' which is hereby acknowledged, is covenanted and agreedas follows: Guarantors, do hereby absolutely and unconditionally guarantee to Landlord, its successors, assigns and beneficiaries, (without the necessity ofany suit or proceedings on the Landlord's part ofany kind or nature wl)atsoeveraganisL the "Tenant, its successors and assigns,and without the I)CCCSSity Ofarly notice to (10drantors, which notice Guarantors hereby expressly waive) the full and prompt payment, when due, of all rents and other surns C011-ThIg dUC PlAt-SUallt to said Lease and the full and firrely performance and observance of" all covenants, terms, condition zinc] a&,reerrjents provided in the f.ease to be performed and observed by'l enarit. The Guarantors hereby covenant and agree that ifa default shall at any titrie during the Term be made pursuant to said Lease, the Guarantors will forthwith: (1) pay such rent. or other sums and charges to Landlor(k and (2) faithfully perform and fulfill all such ternis, covenants, conditions and agreements; and (3) pay the Landlord all damages that may arise in connection with any default pursuant to ",aid [,ease, including, Without limitation, all reasonable attorneys' f.e.es incurred by Landlord or caused by ally site[) default and/or the enforcement of this Guaranty. It is specifically understood and agreed that the Landlord may, firom time to little, without notice to the Guarantors: (a) alter, change, renew or extend said Lease or any ofthe liabilities thereunder; or (b) release, waive or compromise any liability of' dic 'renant or any other party whose liability ernanatcs frorn the relationship between t,andlord and'Fenant and the provisions, of the Lease; or M consent to any assigrurient ofthe I.,ease by Tenant or its successors or assigns, No such action or failure to act by I.,andlord shall affect the Guarantors' liability hereunder in any manner whatsoever Any arnOUIlt received by Landlord and applied by it toward the payment ofthe liabilities arising out of'said Lease shall be applied in such order ol'application as the I-aidlord may, in its sole discretion, from time to time, elect, rhe validity of this Guaranty and the Guarantors' obligations hereunder shall not be tcrininated, effiecled, diminished or impaired by reason ol'any action which Landlord may take or fail to take aga instTertant, or by reason ofany waiver of', or failure to enforce, any of the rights or remedies reserved to 1,andlord in said Lease or by reason ofbankruptcy or insolvency byTenant. All of Landlord's rights and. rerricifiCS Under said Lease or under the Guaranty are intended to be distinct, separate and cumulative and no such rights and roared' therein or herein mentioned is intended to be an exclusion ol" or a waiver of, any of the other rights and remedies. 23 of 24 Tmam hli6ak 911 DocuSigri Envelope ID: 37CC31 E8 -956E -4379-832D-1 707524BDA6D Guarantors hereby agree that: (i) the Civarantors will not. enforce or accept any payrnents, on any clainis that such Guarantors may Nave against the °l until all obligations, Covenants, conditions and provisions Wider the Lease shall have been perto)rrncd in full, and (ii) the Guarantors will execute and deliver to the Landlord such additional instrUnICIIIS or agreements as the Landlord may request to carry out the provisions ofthis Guaranty, and (iii) the Guarantors will provide to the Landlord from time to time, upon Landlord's request, reports of the:, Givarantors' financial condition, Guarantors hereby warrant and represent that Guarantors is sufficiently knowledgeable and experienced in financial and business matters to evaluate and understand the risks assurned in connection with the execution of this Guaranty, This is a continuing Guaranty and shall nor be revoked by death, dissolution, merger, bankruptcy or insolvency of'the Guarantors. This Guaranty shall intire to the benefit of the Landlord, its successors and assigns, and shall be binding on the heirs, administrators, legal represeritatives, successors and assigns ofthe Guarantors. The obligations of(juarantors hereunder arejoint arid several. I his Guaranty shall be governed by the laws of the State ofillinois. IN WITNESS WREREOF, the undersigned Guarantors have executed this (luaranty the day and year first above written, ----DocuS!gftad by: Name: b(AAA UMS!, Al ', n a aissi 6va Address: 817 Oakton sr unit 104 F...-.'Ik Grove Vil"lage It- 60007 L)atc- 1.211212022 24 of` 24 TmmInitials I'mullmd Imittak 37 Me MINVISIMETS, 137 W, Piros�pect Avc.-,� Mount. PrmspeotUL.G0O5G 7083693644 aUbemamassiUeva76(0)gma0zom [IM019111100YA] Dear Sir orMadam, Below are the comments to the Response for Conditional Use Standards: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare. Comment: The business strives to help those in the community to manage their pain through therapeutic, relaxing, and clinical massage. We are here to help people. Splendid Day 38 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. Comment: My business will be respectful of others in the building and conduct business in the utmost morals and standards. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Comment: Splendid Day Spa will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. If anything we will be an asset to the Village of Mount Prospect. 4. That adequate public utilities, access roads, drainage, and/or necessary facilities have been or will be provided. Comment: The existing building is adequately served by essential public facilities and services through property access to street parking. This is a small business and will not impact the current infrastructure. 5. That adequate measures have been or will be taken to provide ingress and egress se designed as to minimize traffic congestion in the public streets. Comment: The business has four spots in the back of the building enough for the four employees, so we will not take up parking on the street. 39 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village. Comment: Splendid Day Spa would add more services to Mount Prospect, which would help to achieve the goal of the Comprehensive Plan. This proposal can also provide another asset to the community by promoting cultural diversity, which the Comprehensive Plan strives to preserve and foster. 7That the conditional use shall, inall other respects, conform tothe applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant tothe recommendations ofthe Planning & Zoning Commission. Comment: Splendid Day Spa will comply with and conform to the applicable regulations of the district. Sincerely, EI V LOTS 21, 22, 23, 24 AND 25 IN BUSSE'S RESUBDIVISION OF LOTS 1 TO 6, INCLUSIVE, OF THE RESUBDIVISION OF LOTS 1 TO 6, INCLUSIVE, IN BLOCK 4, ALSO OF LOTS 2 AND 3 IN BLOCK 5, ALL OF BLOCK 6, LOTS 13 TO 24, INCLUSIVE, IN BLOCK 7, AND LOTS 17 TO 20, INCLUSIVE, IN BLOCK 8, ALL IN MEIER'S ADDITION TO MOUNT PROSPECT, A SUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 41 N W+E S BE pm) L..h - 15 fi. ALTA/ACSM LAND TITLE SURVEY By JOHN M. HENRIKSEN 415 E. GULF ROA6'41.1iiE 103 ARLINGTON llii6iTS, ILLINOIS 60005 TEL 224-975-7633 FAX. 224-975-7434 WWW.UENRIKSIENSURYF.Y.COM OF LOT TWENTY-ONE (21), LOT TWENTY-TWO (22), LOT" TWENTY-THREE (23), LOT TWENTY-FOUR (24) AND LOTTWENTY-FIVE (25) IN BOSSE'S RESUBDIVISION OF LOTS I TO 6, INCLUSIVE OFTHE RESUBDIVISION OF LOTS I TO 6, INCLUSIVE IN BLOCK 4, ALSO 0 F LOTS 2 AND 3, IN BLOCK 5, ALL OF BLOCK 1, LOTS 13 TO 24; 1 NCLUSIVE IN BLOCK 7. LOIS 17 TO 70 IN BLOCK A. ALL IN MEIER'S ADDITION TO MOUNT PROSPECT. A SUBDIVISION IN THE NORTHWEST QUARTER (114) OF SECTION 11, TOWNSHIP 41 NORTH, RANCE 11 EAST OF THE TDIRD PRINCI PAL MERIDIAN, IN COOK COUNTY, I I,LINOIS. COMMON LY KNOWN AS! 127-137 W. PROSPECT AV KN UE MOUNT PROSPECT, ILLINO" 60054 AREA: 14,257 SQUARE FEET OJT 0.3272 ACRES Z� q;, 477 no t Nft 1�kl q �Z 2 LOT, 24 j `5 4b Z: 6 AGI 'LOT UQT ORDER NUMBER: 060251-U SCALE: I INCH - 15 FEET ORDERED BY: jt1_LS0Nj ASSCCMTES BUILDING LINES AND W-EKILNTS. FANN, SHOWN IIERISFN ARE BUILDING LINES AND EASMBFITS AS SITOWN ON 711E RECORDED SUnDIVISIM PLAT', CONSULT LOCAL AUTIO InESrORBUILD[NGLrMSMTABLISIIEI)BY LOCAL ORDINANCES. TLEASE CI UTk LEGAL —RUTIM WEID DEETT COMPARE ALL POINTS BEFORE BUILDINGAND WORT ANY nISCRPTANCY IMMMIATELY. "MYNSIONS Aftr NOT TONP. AMSV.1FROM SCALI1O, Ory NOTFJ 1144- =1111" -IS I-- or Tile FLOOD INSURANCII EKWRAM " 11115 AREA OFTIIR VILLAOL Or' MOUNT PRCAPBCT, COOK CO011, ILL INXIM FILING COM= '' 11111,11AI "Ill"I 14 �Dft 1INAT10NAL"OoDFUANC AM ASDIBflRMIW.DTILkT THi.AR1A%nIIIN"ntLP Ror"T"EREO NO0LAMNLIF%WURI0V ,,itk UNSILATICTIZONE,.IrMIR-1118A AREA Of M(NFMAI. FtMO ILVARN 41 STATE OF LIMIS) cuUNFYOFCOOKj l I'lumv (TATURA) 11); % tw)" A A SSW 'AT I$ 1l IIS I sTo CE NTII' Y it IAT TI I IS N IA P ON PLAT = I I I F, su Wtv W W I IICI 10' 19 DASI W \VERIT MADE IN ACCOMIA w lllvnle� "'. .r `� ;sLA'D 1�1NIAI,Yli ,U,111TAI.11A .),ll�L TOD "Uy D ' I ITI LTAA,`:q NSPS, AND INCLUDLS ULMS 11 2J, 4,1(17.!• AND *or TAU L -S' 10PREDIF. nATr.OFPI.ATOR61AP AIA1'31, 201 P. 7--77LRIN —L,N()ISpR(jFj�SS ' AL LAND SURVEYOR No, 26344 LICENSErArDlPs NOvFMI1rR 30,102E 42 VA C7� @10 � r r FZ ` iu,z�'� C� LD LU m [, �f: �,. ,�, - � -< 2:�-i�'� - — i � �i ifs`-��� FROP05ED FLOOR FLAN 4Aft, D Ori . CEILING i DOOR & DOOK HAKDWARE SCHEDULE DOOR AND DOOR FRAME MARK QUANTITY 51ZE (WIDTH x HEIGHT) FRAME FIDEMAUL MA -FL REMARKS RATING KEYLE55 LOCK5ET ON THE EGKE55 51DE. A 1 3'-6° X 6'-8" ALUMINIUM ALUMINIUM NO FLU5H ID0LT5, DEAD OR DRAW POLT5, EX15T<NG TO REMAIN & GLA55 ETC. WILL PE ALLOWED. -5ELF CL051NG DEVICE -KEYLE55 LOCK5ET ON THE EGRE55 51DE, COMMERCIAL LOAQ CALCULATION GENERAL FKOJECT INFORMATION Commercial Addreoo: ['157W. prospect Ave. Mt. Prospect, IL 60056] ype of Commercial Occupancy: [ business Group 13, beauty Shop. ] Outside wilding Dimensions: [ ] Number of - ooro [ 1 Total Square Feet: 1046.37 ype of Electrical Service: [ 4 ]Wire, [ 3 ] Phase, [ 1201208 ] Volto 1.) General Lighting Load Calculations: Un, General Lighting: 1048.37 o . ft X 3 Watts per ogft = Total ti/A General Lighting Demand Load Calculation: Un, Total VA 2.) General Furpose Receptacleo: Un, General Purpose Keceptacles: 22 X 180W — 3960 General Furpose Receptacle Demand Load Calculation: Un, First 10,000 VA or less 0100% Remainder over 10,000 VA ((r�i 50% Total VA 3.) Show Window Lighting Un, Show Window Lighting: 12 X 20OW = i otaI VA 4.) Track Lighting Un, Track Lighting: 0 X 75W/ft = Total VA 5.) Specific Appliances: (1 and over x65%) Un, 1200 W X 100%= 1200.0 Total VA 6.) Motor Loads Un, Figure 308.2.2 Obotructed High Forward Reach Figure 308.3.2 Obotructccl High Side Reach a 24" MAX, 10" MAX. Figure 308.3.1 Umobotrucil-ed Side Reach -- ---------- ------ ------ I --------- - ------ tank milli cl(�I#ilmllt m NO 5' FANEL 5CHEDULE EF -1 WAITI G MAMJI�I A �W J1 v" out et CLIENT AREA M URE AO DISPLAY CA13INET milli cl(�I#ilmllt m NO 5' FANEL 5CHEDULE EF -1 PANEL I SURFACE VOL-17AGE 1201208V, 50,4W PANEL DIMENSIONS: MAIN CIRCUIT [3?,r\K, YES LOCATION CORRIDOR HEIGHT: MAIN LUGS 205 AMPS FEEDER SIZE 4-5/0 WIDTH: F 42 5EKELECTRICAL METER DEFH: NO OF CCT!5 V;—:L) I ELECT GROUND IDAK YES WIREAO(120Y) E50(120V) CO(120V) CCI AMP PEEI-CRIPTION DESCRIPTION SIZE AI AMF5 AMF5 1 20 12 Fire Alarm 2D 12.8 Corideroino Unit CU -1 3 20 12 Show Window Outlet 2.0 12.8 12.0 12�.b ,CIAL )om I CORRIDOR WIRE AMP GOT SIZE 10 30 2 10 30 4 �W PANEL I SURFACE VOL-17AGE 1201208V, 50,4W PANEL DIMENSIONS: MAIN CIRCUIT [3?,r\K, YES LOCATION CORRIDOR HEIGHT: MAIN LUGS 205 AMPS FEEDER SIZE 4-5/0 WIDTH: F 42 5EKELECTRICAL METER DEFH: NO OF CCT!5 V;—:L) I ELECT GROUND IDAK YES WIREAO(120Y) E50(120V) CO(120V) CCI AMP PEEI-CRIPTION DESCRIPTION SIZE AI AMF5 AMF5 1 20 12 Fire Alarm 2D 12.8 Corideroino Unit CU -1 3 20 12 Show Window Outlet 2.0 12.8 12.0 12�.b ,CIAL )om I CORRIDOR WIRE AMP GOT SIZE 10 30 2 10 30 4 m 4.'v. J100 CFM, 100 CFM, CLG, 4"x10" CLG, 4"x"0'" 610 DUCT THROUGH ROOF WITH 5ACKDKAFT DAMPER & RAIN CAF Exhauot EF -2 200c,f m CLIENT AREA 2",0 PVC EXHAU THE GA5 WATER THROUGH I �. looll. 1OO CFM, SRI FACIAL_ CLG, 4" x1O" 100 CFM, .u.�. CLG, 4"x10" WAITING AREA 150 CFM,1O` 100 CFM, CLG, CLG, 4"x1O" C Z/FET�C RETU KN m 4.'v. J100 CFM, 100 CFM, CLG, 4"x10" CLG, 4"x"0'" 610 DUCT THROUGH ROOF WITH 5ACKDKAFT DAMPER & RAIN CAF Exhauot EF -2 200c,f m CLIENT AREA 2",0 PVC EXHAU THE GA5 WATER THROUGH I LIGHT & VENT 5-CHEDULE ORDINANCE REOUIREMENT5 ACTUAL FKOVIDED ROOM DE6CRIPTlON NATURAL MECHANICAL NATURAL MECHANICAL I IK --1-!T 150 CFM, CLG, GRILLE__ looll. SRI FACIAL_ ROOM 150 CFM,1O` CLG, C Z/FET�C RETU KN LIGHT & VENT 5-CHEDULE ORDINANCE REOUIREMENT5 ACTUAL FKOVIDED ROOM DE6CRIPTlON NATURAL MECHANICAL NATURAL MECHANICAL I IK --1-!T ------------------ CORRIDOR [)15PLAYCA[31NE 17=� FKOF05E[) FLOOR FLAN ELEVATED SCALE: 1/4';=1'-0" VACIUM 5RE/WE-K H -IN15H ROOK FOP\ 1/2"0 1/2"0 5/4"; 0 MOP 51MK 1/2",0 2"0 1/2"0 314"0- 5l4"0—. zsi- N ZP N N N -'N: N z FKOFOSED 5/51N.'K 5/51NK K/51NK 40 GAL GA5 M0F51NK FOWER VENT WATER HEATER CH 112" 1 r/2'-' Expansion tank r required on water I heater, per the y Illinois Mumbling FA(RnnvG LUNCH ROOM E.D. ' -1 - r-- - --: -.- L/M 1'rovide auto automatic m balance or co oetting of 11C EXISTING LAV Tv2" t Water tank WAITING MANICURE REA TO THE CITY ---------------------------------- EXISTING TO THE CITY CLJF-.NTAad MANICURE ------------------ CORRIDOR [)15PLAYCA[31NE 17=� FKOF05E[) FLOOR FLAN ELEVATED SCALE: 1/4';=1'-0" VACIUM 5RE/WE-K H -IN15H ROOK FOP\ 1/2"0 1/2"0 5/4"; 0 MOP 51MK 1/2",0 2"0 1/2"0 314"0- 5l4"0—. zsi- N ZP N N N -'N: N z FKOFOSED 5/51N.'K 5/51NK K/51NK 40 GAL GA5 M0F51NK FOWER VENT WATER HEATER CH 112" 1 r/2'-' Expansion tank r required on water I heater, per the y Illinois Mumbling FA(RnnvG LUNCH ROOM E.D. ' -1 - r-- - --: -.- L/M 1'rovide auto automatic m balance or co oetting of 11C EXISTING LAV Tv2" t Elifflugm INTER,,3OR--,, R ODELING 01 ION 1, MAREF11 16--, 2023 137 VV. PR--�.O MOCKUPS AND PRELIMINARY DESIGN IDEAS Customer Name / Estimate #: E-38374 Date: 4-5-2023 Created by: Rafael Plazola Additional Description and/or Design Notes: (1) Pan -formed aluminum panel 4" deep with routed and 1/2" push-thru white acrylic and translucent vinyl. White LEDs. Colors TBD. Power supplies behind backer panel. Include a photocell. 40" x 96" total size NOT A FINAL PROOF - This form is intended to get the idea and design process started only. You will be asked to approve a proof before any production will take place. Revised to push-thru white acrylic with translucent vinyl H 40 )) Nall T. 847.488.0650 1 506 Sundown Road I South Elgin, IL 60177 imaoe.� www.image360SouthElgin.com This rendering was created by Image360 and is for your organization only. This print is not to be reproduced, copied, or exhibited in any fashion. This print is the sole property of Image360. 52 MOCKUPS AND PRELIMINARY DESIGN IDEAS Customer Name / Estimate #: E-38374 Date: 4-5-2023 Created by: Rafael Plazola Additional Description and/or Design Notes: (1) Pan -formed aluminum panel 4" deep with routed and 1/2" push-thru white acrylic and translucent vinyl. White LEDs. Colors TBD. Power supplies behind backer panel. Include a photocell. 40" x 96" total size NOT A FINAL PROOF - This form is intended to get the idea and design process started only. You will be asked to approve a proof before any production will take place. T. 847.488.0650 1 506 Sundown Road I South Elgin, IL 60177 www.image360SouthElgin.com This rendering was created by Image360 and is for your organization only. This print is not to be reproduced, copied, or exhibited in any fashion. This print is the sole property of Image360. 53 127-137 W Prospect Tenants Address Business Type Area (SF) 127-129 W Prospect DG Mount Prospect LLC Restaurant 3846 131 W Prospect Synergy Fitness Personal Trainer 1616 133-135 W Prospect Vacant Vacant 2054 137 W Prospect ISplenclid Day Spa I Salon / Spa 1048 TOTAL 8564 54 Splendid Day Spa Business Plan Albena Vassileva Owner/Esthetician Since 2012 Company Identity Splendid Day Spa is S -corporation created in April 2012. I am Albena Vassileva and I am the sole owner of the corporation. I have been working as an esthetician for 17 years and as a solo esthetician for the past 11 years. Using my knowledge and experience as a skin care specialist in 2017 I created a private-label Organic Skincare line. I offer my skincare in person to my clients and sell online. With the business growing I have the need for a bigger place. My goal is to have a modern boutique spa where customers will look forward to coming and have not only a service but a relaxing spa experience. The spa will offer facials, body treatments, massages and nail services. Being green and sustainable is Splendid's biggest goal. To address my client's skin concerns with modern technology and clean natural cosmetics. The spa will be using and selling my private-label organic skincare line. Marketinz activities Splendid Day Spa has a stable list of customers that currently communicate and will continue in the future through email and social media. Targeted Google and Facebook ads. I get a lot of word-of-mouth recommendations. Also, I occasionally attend craft fairs to present my skincare line and meet people in person. Staff members Albena Vassileva - owner/esthetician 55 Will hire 2 nail technicians, a front desk receptionist, and a massage therapist. I have a job ad at Indeed, and LinkedIn as well as at a few local massage therapy schools. I am currently interviewing to find the perfect candidate. On any given day we will have no more than 4 people working at the spa and about 4 persons as clients. There is space behind the building where we ( the staff) are planning to park so there is enough parking space for the patrons of the business. 56 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -05-23 Hearing Date: July 27, 2023 PROPERTY ADDRESS: 137 West Prospect Avenue PETITIONER: Splendid Day Spa Inc PUBLICATION DATE: July 12, 2023 REQUEST: Conditional Use for Massage Therapy Establishment MEMBERS PRESENT: Joseph Donnelly William Beattie Norbert Mizwicki Walter Szymczak MEMBERS ABSENT: Thomas Fitzgerald Greg Miller Donald Olsen Ewa Weir STAFF MEMBERS PRESENT: Ann Choi — Development Planner Antonia Lalagos — Development Planner Mo Khan — Development Planner INTERESTED PARTIES: Albena Vassileva, Splendid Day Spa Inc Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on June 22, 2023. The minutes were approved 4-0. Chairman Donnelly introduced case PZ -05-23, 137 West Prospect Avenue, a request for a conditional use permit to operate a massage therapy establishment at the subject property. The Village Board's decision is final for this case. Ms. Lalagos introduced the case and explained that the subject property is a single -story multi -tenant commercial building with a mixture of restaurant and personal service establishments. She noted that the building was purchased by CG Mount Prospect LLC in 2022 and each tenant space has gone or is currently undergoing interior renovations to accommodate new tenants. Ms. Lalagos stated that the petitioner proposes to operate a 1,048 -square -foot day spa at the subject property, offering therapeutic massage services in addition to facials, waxing, and nail services. She reported that the petitioner has practiced as a licensed esthetician for 17 years and intends to hire a licensed massage therapist to provide the massage services. Ms. Lalagos described the hours of operation for the spa as Tuesday through Friday 10AM to 7PM, Saturday 8AM — 4PM, and closed Sunday through Monday. She stated that the petitioner will hire two nail technicians, a front desk receptionist, and a massage therapist, and that the maximum capacity on any given day would be eight people: four staff and four clients. She Planning & Zoning Commission Meeting — July 27, 2023 PZ -05-23 57 noted that the petitioner obtained a building permit for interior renovations, which are already complete. Ms. Lalagos reported that the petitioner will install a new sign and no other exterior renovations are proposed. Ms. Lalagos explained that the subject property is located in downtown Mount Prospect and does not have off-street parking, however, there is ample parking located nearby at the following locations: on - street parking located on Prospect Avenue and Pine Street; Village -owned parking spots in the alley between Pine Street and Wille Street; and the Village -owned Wille Street parking lot. She noted that since the proposal does not involve new construction or major rehabilitation, or a change in use which warrants additional parking, no additional off-street parking is required. Ms. Lalagos stated that the petitioners submitted a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. She reported that the Police Department confirmed that the petitioners have met all ordinance standards to operate a massage establishment. Ms. Lalagos stated that staff has not received public comments pertaining to this request. Ms. Lalagos reported that staff found that the proposal meets the conditional use standards and that staff is supportive of the request. Ms. Lalagos recommended approval of the following motion: "A conditional use permit to operate a massage therapy establishment at 137 West Prospect Avenue, subject to the following conditions: 1. All massage therapists employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; and 2. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." Ms. Lalagos stated that the Village Board's decision is final for this case. Chairman Beattie asked if the space was a day spa before, because it looks like it is already operating. Ms. Lalagos replied that the interior renovation of the spa is complete and the petitioner is allowed to operate the business without the massage therapy services. Chairman Donnelly swore in the petitioner, Albena Vassileva of 137 West Prospect Avenue, Mount Prospect. Ms. Vassileva explained that she is an aesthetician and the spa is currently providing skin care and nail services, and hopes to add massage services soon. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Mizwicki to approve the following motion: "A conditional use permit to operate a massage therapy establishment at 137 West Prospect Avenue, subject to the following conditions: 1. All massage therapists employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; and 2. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." Planning & Zoning Commission Meeting — July 27, 2023 PZ -05-23 58 UPON ROLL CALL AYES: Szymczak, Mizwicki, Beattie, Donnelly NAYS: None The motion was approved by a vote of 4-0 with a positive recommendation to the Village Board for the scheduled meeting on August 15, 2023. After hearing three more cases, and seeing no citizens to be heard for non -agenda items, Commissioner Beattie made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 8:04 PM. Antonia Lalagos Development Planner Planning & Zoning Commission Meeting — July 27, 2023 PZ -05-23 59 July Y st,,,,� 1 I ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 137 WEST PROSPECT AVENUE MOUNT PROSPECT, ILLINOIS WHEREAS, Splendid Day Spa Inc ("Petitioner's, is seeking a conditional use to operate a massage therapy establishment for property located at 137 West Prospect Avenue and legally described as: LOT 25 IN BUSSE'S RESUBDIVISION OF LOTS 1 TO 6, INCLUSIVE, OF THE RESUBDIVISION OF LOTS 1 TO 6, INCLUSIVE, IN BLOCK 4, ALSO OF LOTS 2 AND 3 IN BLOCK 5, ALL OF BLOCK 6, LOTS 13 TO 24, INCLUSIVE, IN BLOCK 7, AND LOTS 17 TO 20, INCLUSIVE, IN BLOCK 8, ALL IN MEIER'S ADDITION TO MOUNT PROSPECT, A SUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 08-12-113-002-0000 WHEREAS, the "Petitioner" seeks a Conditional Use to allow a massage therapy establishment; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ -05-23 before the Planning and Zoning Commission of the Village of Mount Prospect on the 271h day of July 2023 pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 12th day of July 2023; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Conditional Use to allow a massage therapy establishment would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to operate a massage therapy establishment for property located at 137 West Prospect Avenue, Mount Prospect subject to the following conditions: 1. All massage therapists employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; and 2. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 15th day of August, 2023 Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk Village Clerk