HomeMy WebLinkAboutRes 04-09 02/17/2009
RESOLUTION NO. 04-09
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND PARKWAY BANK AND TRUST FOR PROPERTY LOCATED AT
1709-1711 WEST ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect is desirous of entering into a Lease Agreement for up to
five years with Parkway Bank and Trust for two (2) units located in the Crystal Court Shopping
Center at 1709 and 1711 West Algonquin Road; and
WHEREAS, such lease agreement will allow for the operation of the Village's Neighborhood
Resource Center (NRC) that will benefit the citizens of Mount Prospect.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE
OF ITS HOME RULE POWERS:
SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do hereby authorize
and direct the President to execute and the Village Clerk to attest the signature on the Agreement
between the Village of Mount Prospect and Parkway Bank and Trust for the purpose of leasing two
(2) units within the Crystal Court Shopping Center; 1709 and 1711 West Algonquin Road, Mount
Prospect, Illinois, for the Village's Neighborhood Resource Center. Said Lease shall be for a period
of 3 years with a subsequent two (2) year option if mutually agreed by both parties, as set forth in the
Lease, a copy of which is attached and made a part of this Resolution as Exhibit "A."
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES:
Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
NAYS:
None
ABSENT:
None
PASSED and APPROVED this 17th day of February, 2009
~~I:~~
Irvana K. Wilks ..
Mayor
ATTEST:
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~~dcr-h c7t?
M. isa ngell t1
Village Clerk ."
H :\CLKO\WI N\R ES\Lease ag rmtneig hborh ood resou rcecenterfeb2009 .doc
· t
LEASE FOR
CRYSTAL COURT SHOPPING CENTER
MOUNT PROSPECT, ILLINOIS
ARTICLE 1. BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS
Section 1.1 Basic Lease Provisions
DATE:
LANDLORD: Parkway Bank and Trust, not personally, but as
Trustee under a Trust agreement dated
November 2, 1998 and known as Trust No. 12122.
ADDRESS OF LANDLORD: Crystal Court Shopping Center
4701 N. Cumberland Ave.
Suite 27
Norridge, IL 60706
TENANT(S): Village of Mount Prospect
ADDRESS OF TENANT(S): 50 South Emerson, Mount Prospect, IL 60056
TENANT'S TRADE NAME: Neighborhood Resource Center
GUARANTOR(S): Village of Mount Prospect
LEASED PREMISES: 1709-1711 West Algonquin Rd., Mount Prospect, IL 60056
FLOOR AREA: 2400 square feet, being the approximate rentable area of the
Leased Premises
PERMITTED USES: Offices and library sub-station
INITIAL LEASE TERM: Three (3) years
EXTENSION OPTION: Option to renew annually for two (2) additional years
COMMENCEMENT DATE: March 1,2009
FIXED MINIMUM BASE RENT $24,000 annually ($1 O.OO/square foot of floor area)
(subject to annual increase starting third year)
INITIAL COMMON AREA PAYMENT: $4,560 annually ($1.90 per square foot of floor area)
INITIAL ADMINISTRATIVE PAYMENT: $696 annually ($0.29 per square foot of floor area)
INITIAL RESERVE FUND: $312 annually ($0.13 per square foot of floor area)
INITIAL REAL ESTATE TAX PAYMENT: $9,912 annually ($4.13 per square foot of floor space)
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.
INITIAL INSURANCE PAYMENT:
$576 annually ($0.24 per square foot of floor area)
SECURITY DEPOSIT:
NONE
FIRST YEAR FIXED MINIMUM RENT PLUS CAM, ADMIN, RESERVE, RIE TAXES, INSURANCE:
$40,056 ($3,338 /month)
Section 1.2 Significance of Basic Lease Provisions
Each reference in this lease to any of the basic lease provisions contained in Section 1.1 of this
Article shall be deemed and construed to incorporate all of the terms provided under each basic lease
prOVISIOn.
Section 1.3 Enumeration of Exhibits
The exhibits enumerated in this Section and attached to this Lease are incorporated in this Lease by
this reference: Exhibit A: Site Plan of Crystal Court Shopping Center; Exhibit B: Description of Work; and
Exhibit C: Sign Criteria.
Section 1.4 Intentionallv Omitted
ARTICLE II: LEASED PREMISES AND TERM
Section 2.1
Landlord is the owner of the tract of land located in Mt. Prospect, Illinois commonly known as
Crystal Court Shopping Center ("Landlord's Tract") which is depicted on Exhibit A. Landlord's Tract and
any improvements and appurtenances constructed thereon are sometimes hereinafter referred to as the
"Shopping Center". The description of the premises on Exhibit A does not constitute a representation,
covenant or warranty by Landlord and Landlord reserves the right from time to time during the lease term to
change the number and location of buildings, building dimensions, the number of floors in any of the
buildings, store dimensions, the size, location and types of Common Areas and Facilities, and the identity
and type of other stores and tenancies, and to construct kiosks, enclosed malls or courts, provided only that
reasonable use and access to the Leased Premises shall not be materially impaired.
Section 2.2 Leased Premises
Landlord hereby leases and demises to Tenant, and Tenant hereby leases from Landlord, subject to
and with the benefit of the provisions of this Lease, the Leased Premises.
Section 2.3 Intentionally Left Blank
Section 2.4 Condition of Leased Premises
Tenant acknowledges that Tenant has examined the Leased premises prior to signing this Lease and
is satisfied with condition thereof, except to the extent of the alterations, improvements, additions, repairs,
decorations and cleaning, if any, described in Exhibit B attached hereto and made part hereof. Landlord
certifies that premise meet all local, county, state, and federal requirements. By taking possession hereafter,
Tenant accepts the Leased premises as being free from defects and in good, clean and sanitary order,
condition and repair and agrees to keep the Leased premises in such condition. No agreements or
representations of the Landlord to alter, improve, repair, decorate or clean the Leased Premises or the
remainder of the Leased Premises, and no promise respecting the condition of the Leased Premises or the
shopping center has been made by or on behalf of Landlord.
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Section 2.5 Term of Lease
The Lease term shall be for the period specified in Section 1.1 supra (the "Initial Lease Term"),
unless otherwise terminated or extended as provided herein. The phrase "Lease Term" shall include the
Initial Lease Term and any Renewal Terms or additional extensions as described below.
Section 2.6 Extension/Renewal Option
The Lease Term shall automatically renew for two (2) additional one (1) year terms (the "Renewal
Term" or "Renewal Terms") on the same terms and conditions as set forth herein unless Tenant notifies
Landlord, in writing, of Tenant's intention not to renew this Lease, at least ninety (90) days prior to the
expiration of the Initial Term or any applicable Renewal Term. Provided tenant is not in default of this
Lease, Landlord agrees to renegotiate and/or amend this Lease for an extension beyond the Renewal Terms.
Not withstanding, Tenant must give Landlord 180 days notice of its desire for such an extension. Rent to be
negotiated at that time.
ARTICLE III CONSTRUCTION BY LANDLORD
Section 3.1
Tenant accepts Leased Premises in "as is" condition. Landlord represents that all HV AC, plumbing
and electrical systems are in good working order. Landlord certifies that the Premises meet all local, county,
state, and federal requirements.
ARTICLE IV METHOD OF RENT PAYMENT AND DETERMINATION OF RENT
Section 4.1 Fixed Minimum Rent
Tenant agrees to pay to Landlord, or to such other persons as Landlord may direct, without demand,
at the address of Landlord or such place as Landlord may by notice in writing to Tenant from time to time
direct, the following sums in United States Dollars at the following rates and times:
(a) Fixed Minimum Rent in the amount specified in Section 1.1, payable in advance in equal, successive
monthly installments commencing on the first day of the Lease Term for the first month of the Lease Term
and thereafter on the first day of each calendar month of the Lease Term. If the Lease Term commences on
a day other than the first day of the month, the monthly rent payment for the first month shall be prorated on
the basis of one-thirtieth (1/30th), of said monthly payment for each day of said month that is included in the
Lease Term; and
(b) Fixed Minimum Rent shall be increased, effective on the second annual anniversary of the
Commencement Date, i.e., the beginning of the third Lease Year, and subsequent such anniversaries, by an
amount equal to the lesser of the average change during the prior 12 months in the Consumer Price Index for
All Urban Consumers (CPI-U) for U.S. City average as published by the Bureau of Labor Statistics, U.S.
Department of Labor, in the U.S. Department of Labor's Consumer Price Index for U.S. City Averages, or
five percent (5%) of the most recent Fixed Minimum Rent. In the event that the CPI-U is a negative
number, the Fixed Minimum Rent shall continue without change.
(c) Until notified to the contrary by Landlord, Tenant shall pay all amounts payable under this Lease to
Crystal Court Shopping Center.
(d) Credit for Tenant's Buildout Costs. Upon execution of the Lease, Landlord shall credit Tenant's account
in the amount of Fifteen Thousand Dollars ($15,000.00) to offset a portion of the Tenant's costs to buildout
the Leased Premises, i.e., the ADA bathroom improvements, HV AC replacement and fire suppression
sprinkler system (the "Improvements"). Said credit shall be deducted from rent due. Tenant agrees that,
upon the termination of the Lease, Landlord shall retain title and possession of such Improvements. If for
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any reason, other than Landlord's breach of the Lease, Tenant does not renew this Lease for the 1 st and 2nd
Renewal Terms (years 4 and 5), then Tenant will reimburse Landlord for half of the $15,000 buildout credit
in the total amount of Seven Thousand and Five Hundred Dollars ($7,500.00).
(e) Credit for Tenant's HV AC replacement. Tenant will install a new HV AC system, including ductwork
and controls, to heat, ventilate and cool the Leased Premises as one (1) standalone office facility. In the
event that the Tenant installs two (2) separate rooftop heating/cooling units ("HV AC Units"), instead of one
(1) as Tenant proposes, Landlord agrees to pay to the Tenant the difference between the cost of one (1)
HV AC Unit and two (2) HV AC Units, including all additional labor costs, upon the Tenant's presentation to
Landlord of a proposal for the costs to purchase and install such Units along with a paid invoice for the
installation of two (2) HV AC Units. Payment to Tenant shall be credited to Tenant's account and deducted
from rent due. Landlord shall not be entitled to reimbursement for said credit in the event that the Lease is
not renewed for the 1 st and 2nd Renewal Terms.
Section 4.2 Commencement Date; Definition of Lease Year
The Commencement Date is the date set forth in Section 1.1. The term "Lease Year" means a period
of twelve (12) consecutive calendar months, except that the first Lease Year shall commence on the first day
of the next month immediately following the Commencement Date, unless the Commencement Date is the
first of the calendar month, in which case the first Lease Year shall commence on the Commencement Date,
and shall end on the date prior to the following anniversary of the Commencement Date. Each succeeding
Lease Year shall commence upon the following anniversary of the Commencement Date.
Section 4.3 DelinQuencv Charge for Late Rent Payment
To each and every payment of Rent which is not received by Landlord within five (5) days after the
same is due, there shall be added a delinquency charge equal to ten percent (10%) of account balance,
payable immediately without the necessity of notice or demand by Landlord as Additional Rent hereunder.
Any delinquency charge imposed by Landlord is in addition to the Landlord's right to treat Tenant in default
in accordance with the provisions of Article XI, and shall be cumulative of all of Landlord's remedies. Any
delinquency charge due hereunder shall constitute a default in the payment of Rent by Tenant in accordance
with Section 11.1.
Section 4.4 Definition of Rent
The term "Rent" means all amount due Landlord from Tenant under or pursuant to this Lease
including without limitation, Fixed Minimum Rent, amounts due on account of Real Estate Taxes, Common
Area Maintenance, insurance premiums and amounts arising from any obligation of Tenant to reimburse or
indemnify or pay liquidated damages to Landlord under any provision of this Lease.
ARTICLE V COMMON AREAS AND FACILITIES
Section 5.1 Common Areas and Facilities
Landlord shall make available from time to time such areas and facilities of common benefit to the
tenants and occupants of the Landlord's Tract as Landlord shall deem appropriate. Landlord shall, subject to
the other provisions of this Lease, operate, manage, equip, heat, ventilate, cool, light, insure, secure, repair
and maintain the common areas and facilities for their intended purposes in such manner as Landlord shall,
in its sole discretion, determine, and may from time to time change the size, location, use and nature of any
common area and facility, sell or lease any portion thereof, or assign the exclusive use thereof to one or
more tenants, and may make installations therein and move and remove such installations, including the
installation of kiosks, enclosed malls or courts, all except to the extent that such changes interfere with the
tenant's use of the Leased Premises.
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Section 5.2 Use of Common Area
Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees, shall
have the non-exclusive right, in common with Landlord and all others to whom Landlord has or may
hereafter grant rights, to use the common areas as designated from time to time by Landlord, subject to such
reasonable regulations as Landlord may, from time to time, impose including the designation of specific
areas in which cars owned by Tenant, its permitted concessionaires, officers, employees and agents, must be
parked.
Tenant agrees to abide by such regulations and to use its best efforts to cause its permitted
concessionaires, officers, employees, agents, customers and invitees to conform thereto. Landlord may, at
any time, close temporarily any common area to make repairs or changes to prevent the equation of public
rights in such area or to discourage non customer parking, and may do such other acts in and to the common
areas as, in its judgment, may be desirable to improve the convenience thereof. Tenant shall not, at any
time, interfere with the rights of Landlord and other tenants, and their permitted concessionaires, officers,
employees, agents, customers and invitees, to use any part of the parking areas and other common areas.
Landlord reserves the right to grant to other tenants and third persons such exclusive and non-exclusive
rights in the common areas as, from time to time, the Landlord deems appropriate. In no event shall
Landlord restrict Tenant's use of the Leased Premises by its actions under this Section 5.2.
Tenant and its officers, employees, and agents shall have the non-exclusive right to install or have
installed upon the Leased Premises and the common areas, including the parking lot and rear alley, fiber
optic or similar cable, for communications purposes. Said cable may be installed in or above ground in the
common areas. All costs associated with said installation shall be the sole responsibility of Tenant.
Section 5.3 Common Area Maintenance Payment
Each Lease Year during the Lease Term, and during any period that Tenant shall transact business in
the Leased Premises prior to the Commencement Date, Tenant shall pay to Landlord on account of Tenant's
obligation under Section 5.5, the Common Area Maintenance Payment, which shall be payable in equal
monthly installments on the first day of every calendar month during the Lease Term and a pro-rata sum for
the partial month, if any, preceding the first Lease Year, payable on the Commencement Date. The Initial
Common Area Maintenance Payment is estimated at $1.90/square feet for the first Lease Year. Following
each calendar year, the Common Area Maintenance Payment for each calendar year or partial calendar year,
shall be determined as follows: Landlord's actual costs (incurred), as defined in Section 5.5 hereof, for the
preceding calendar year, shall be multiplied by a factor of 1.00, and product thereof shall be the Common
Area Maintenance Payment for the forthcoming calendar year, which shall be payable retroactively to the
first day of such calendar year. In addition, as soon as practicable after January 1 in each calendar year
(other than the first calendar year) during the Lease Term, and in the year next following the year in which
this Lease terminates, Landlord shall deliver to Tenant a statement setting forth any additional costs due for
the Common Area Maintenance Payment for the immediately preceding calendar year. Any amount paid by
Tenant which exceeds the true amount due shall be credited on the next succeeding payment due pursuant to
this Section, or, upon the expiration or termination of the Lease, reimbursed to Tenant within ten (10) days
thereof. If Tenant has paid less than the amount due, Tenant shall pay the difference within thirty (30) days
of receipt of notice from Landlord. This covenant shall survive the expiration or earlier termination of the
Lease. If the Lease Term shall begin or end other than on the first or last day of a calendar year, such
charges shall be billed and adjusted on the basis of such faction of a calendar year
Section 5.4 Intentionally Omitted
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Section 5.5 Costs of Common Areas and Facilities
Tenant's payment of the Common Area Maintenance Payment, as additional rent, shall be based
upon "Tenant's Pro-Rata Share" (as such term's defined in Section 12.1 of this Lease) of certain actual costs
and expenses incurred by Landlord during the preceding calendar year ("Common Area Maintenance" or
"CAM") on account of Landlord's equipping, policing (if and to the extent provided by Landlord),
protecting, , heating, cooling, lighting, ventilating, repairing, and maintaining the common areas and
facilities in the Shopping Center, including roofs and fire safety devices adjacent to the Landlord's Tract,
during that preceding calendar year. Such costs and expenses shall include, but not be limited to maintaining
any enclosed common areas as shall be required in Landlord's judgment to preserve the utility thereof in the
same condition and status as such areas were at the time of completion of the original construction and
installation thereof, security, and fire protection on Landlord's Tract and the public ways and other structural
and non-structural items, cleaning, repairing and maintaining interior and exterior walls, soffits, fascia,
canopies and other structural and non-structural items in the Shopping Center, removal of rubbish and other
refuse; pedestrian traffic direction and control; line painting; exterior illumination of buildings and common
areas and illumination and maintenance of signs, whether or not the lights or signs are located on Landlord's
Tract; dirt, debris, snow and ice clearance; planting, maintaining, replanting and replacing flowers and other
landscaping; water and sewage charges; fees for required licenses and permits; supplies and hand tools;
operation of loudspeakers and any other equipment supplying music to the common areas; all charges for
utility services for the common areas, including maintenance of lighting fixtures (including the cost of light
bulbs and electric current); reasonable depreciation of, or rents paid for the leasing of, equipment used in the
operation of the common areas. Costs of equipment properly chargeable to Landlord's capital account and
depreciation of the original costs of constructing the common areas and facilities shall be excluded. Also
excluded are a) ground rents, principal payments or any interest expense on any loans secured by mortgages
placed on the Shopping Center or underlying land (or a leasehold interest therein); b) leasing and brokerage
expenses and commissions and other costs or concessions related to Leased Premises in the Shopping
Center; c) the cost of any work or services performed in any instance for any tenant (including Tenant) at the
cost of that tenant; d) franchise or income taxes imposed on Landlord; e) capital improvements; f) salaries of
Landlord's or its manager's executive personnel; g) all other expenses for which Landlord is entitled to
receive reimbursement; h) the cost oflegal, accounting and other professional services incurred by landlord
for reasons not in connection with the day-to-day operation of the Shopping Center; i) the cost of offices of
Landlord that are not part of the offices of the Shopping Center; j) costs of relocating tenants; k) costs
associated with the cure or correction oflatent defects; 1) costs associated with the correction or abatement
of environmental hazards on the land, in the building or in the Leased Premises; m) wages for
concessionaires employed by Landlord; and n) fees for management of the Shopping Center in excess of
market rates for building management.
Section 5.6 Reserve Fund and Administrative Charge.
Tenant shall also pay each month along with its Common Area Maintenance_Payment installments,
an amount necessary to maintain an appropriate reserve fund and an Administrative Charge equal to one-
twelfth (1/12) of fifteen percent (15%) of the CAM as the Administrative Charge and a reserve fund equal to
one-twelfth (1/2) of seven percent (7%) of the CAM as the Reserve Fund. The Administrative Charge and
reserve fund fee shall be adjusted as CAM changes pursuant to Section 5.3. Any amount due from Tenant in
excess of that paid monthly shall be payable within thirty (30) days following the rendition of Landlord's
statement therefore. Any amount paid by Tenant which exceeds the true amount due shall be credited on the
next succeeding payment due pursuant to this Section, or, upon the expiration or termination of the Lease,
reimbursed to Tenant within ten (10) days thereof. This obligation shall survive the expiration or earlier
termination of the Lease Term. Administrative charges shall be used for the administration of the Shopping
Center. The Reserve Fund shall be used for improvements to the Shopping Center that are not performed
annually, such as asphalt seal coating and repair, parking lot striping, and painting. Neither the
Administrative Charge, nor the Reserve Fund shall apply to any costs or fees subject to payment as CAM.
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CAM, Administrative Charges and the Reserve Fund shall not apply to replacement or reconstruction of
roofs, or to driveway/parking area replacement or reconstruction.
ARTICLE VI UTILITY SERVICE
Section 6.1 Utilities
Tenant agrees that, throughout the Lease Term, it will pay for and provide its own heat, air
conditioning, gas, electricity and all other utilities, other than water and sewage,
Landlord shall provide the water and sewage services to the Leased Premises through a joint meter
for all tenants on the Landlord's Tract. Tenant shall be solely responsible for and promptly pay as additional
rent all charges for water and sewage services used or consumed in the Leased Premises.
Tenant agrees to purchase and pay for the same in accordance with a separate Subscriber's Service
Agreement to be negotiated and entered into between Tenant and Landlord. The rates to be charged by
Landlord shall not exceed the rates that would be charged to the Tenant were the same services furnished
directly to the Leased Premises by governmental units or utility companies. In no event shall Landlord be
liable for an interruption or failure in the supply of any such utilities to the Leased Premises.
Section 6.2 Agencv or Independent Contractor
Any utility services, which Landlord is required or elects to furnish, pursuant to this Article, may be
furnished by any agent employed by Landlord or by an Independent Contractor.
ARTICLE VII. LANDLORD'S ADDITIONAL COVENANTS.
Section 7.1 Repairs bv Landlord
Landlord covenants to keep the common areas of the Shopping Center, including all walkways and
parking areas, the foundations of the Leased Premises and the structural soundness of the concrete floors,
roof and exterior walls of the Leased Premises (as same as defined in Article VIII, subsection 8.1 f), as well
as the soffits, fascia, canopies and other structural and non-structural items in the Shopping Center, in good
order, repair and condition, unless any necessary work is required because of damage caused by any act,
omission or negligence of Tenant, any permitted concessionaire of Tenant or the respective employees,
agents, invitees, licensees or contractors of Tenant. Landlord shall not be required to commence any such
repair until a reasonable time after written notice from Tenant that the same is necessary. The provisions of
this Section7.1 shall not apply in the case of damage or destruction by fire or other casualty or a taking under
power of eminent domain, in which events the obligations of Landlord shall be controlled by Article X.
Except as provided in this Section 7.1 and Section 7.2, Landlord shall not be obligated to make repairs,
replacements or improvements of any kind upon the Leased Premises, or any contents, equipment, facilities
or fixtures contained therein, which shall be the responsibility of Tenant as provided in Article VI and
Subsections 8.1 F and G, except to the extent that damage is the result of Landlord's failure to maintain in
good order, repair and condition as provided herein.
Section 7.2 Quiet Enjovment
Landlord covenants that Tenant, on paying the Rent and performing Tenant's obligations in this
Lease, shall peacefully and quietly have, hold and enjoy the Leased Premises throughout the Lease Term or
until it is terminated as in this Lease provided.
Section 7.3 Landlord's Insurance
Landlord shall insure the Premises and the Building on an "all risks" of physical loss or damage
basis, in an amount equivalent amount to the full replacement cost of the Building and Premises, and shall
maintain comprehensive general liability insurance as is customarily maintained by landlords of similar
buildings in the Mt. Prospect, Illinois area.
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Section 7.4 Landlord's Indemnification.
Landlord agrees to hold harmless and indemnify Tenant, its beneficiaries and agents, from any and all
injury, loss, claims or damage to any person or property while on the Leased Premises or any other part of
the Shopping Center, occasioned by an act or omission of Landlord, or anyone claiming by or through
Landlord, to the extent not occasioned by an act or omission of Tenants or its agent.
ARTICLE VIII TENANT'S ADDITIONAL COVENANTS
Section 8.1 Covenants
Tenant covenants at its expense at all times during the Lease Term and such further time as Tenant
occupies the Leased Premises or any part thereof:
A. To perform promptly all of the obligations of Tenant set forth in this Lease, and to pay when due the Rent
without notice and without any set-offs unless such set-offs are specifically provided herein.
B. (IF APPLICABLE) To use the Leased Premises only for the Permitted Uses; to operate its business in the
Leased Premises under Tenant's Trade Name or such other Trade Name as Tenant shall reasonably assume;
to conduct its business at all times in a high grade and reputable manner and to help establish and maintain a
high reputation for the Shopping Center, and refrain from conducting any "going out of business" or
bankruptcy or similar distress sales.
C. Intentionally left blank.
D. Intentionally left blank.
E. To store in the Leased Premises only such merchandise as may be related to its Permitted Uses; to store
all trash and refuse in adequate containers within the Leased Premises which Tenant shall maintain in a neat
and clean condition and so as not to be visible to members of the public and so as not to create any health or
fire hazard, and to attend to the daily disposal thereof in the manner designated by Landlord; to keep all
drains inside the Leased Premises clean; to receive and deliver goods and merchandise only in the manner
and at such times and in such areas as may be designated by Landlord, and to conform to all rules and
regulations which Landlord may make in the management and use of the Leased Premises, requiring such
conformance by Tenant's employees.
F. (i) To take good care of the Leased Premises and the pipes, plumbing, glass, store-fronts, electric wiring,
air conditioning and heating equipment, boilers, motors, engines, tanks, machinery, fixtures, appliances and
appurtenances belonging thereto and installed for use in connection with the Leased Premises and to refrain
from overloading the floors; to make as and when needed by contractors or mechanics approved by
Landlord, all repairs in or about the Leased Premises and in and to all such equipment, fixtures, appliances
and appurtenances necessary to keep the same in good order and condition. The interior of the Leased
Premises shall be painted or otherwise decorated (including, but not limited to, floor and wall coverings) by
Tenant as and when reasonably necessary as determined by Landlord, but at least every five (5) Lease Years.
All repairs made by Tenant shall be equal in quality and class to the original work. When used in this Article
and Article VIII, the term "repairs" shall include all replacements, renewals, alterations, additions and
betterments. As used in this Article and Article VIII, the expression "exterior walls" shall not be deemed to
include store front or store fronts, plate glass, window cases, or window frames, doors or door frames.
Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements or
improvements to and upon the Leased Premises or the mechanical equipment exclusively serving the Leased
Premises at any time except as in this Lease expressly otherwise provided.
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(ii). To keep in effect, at its sole cost and expense, a maintenance agreement with a contractor for periodic
(at least semiannual) servicing and repair of the heating, ventilating and air conditioning system ("HV AC")
serving the Leased Premises, which shall include, without limitation, the lubrication of all parts, the
inspection of all cooling towers, the inspection and correction of all fluid levels, the replacement of all belts,
bearings and filters, and other services deemed prudent by Landlord for preventative maintenance, subject to
any manufacturers' warranty for installation or maintenance. Tenant shall provide Landlord with semiannual
reports not later than October 15 and April 15 of each Lease Year, summarizing the condition of the HV AC,
the maintenance performed on the HV AC during the period since the last report and the recommendations
for the maintenance to be performed for the succeeding six month period. Tenant's failure to deliver such
semiannual reports or to have the recommended maintenance or repairs performed within seven (7) days
following written notice of such failure from Landlord shall constitute a default by Tenant thereby entitling
Landlord to the remedies pursuant to Sections 11.1 and 11.3 hereof. Landlord shall supply all mechanical
warranties to tenant.
G (i). To promptly comply with all present and future laws, ordinances, orders, rules, regulations and
requirements (collectively hereinafter referred to as "Orders") of all federal, state, municipal and local
governments, departments, commissions, boards and officers, and all Orders of Landlord's and Tenant's
insurance carriers, whether foreseen or unforeseen, ordinary as well as extraordinary, which may be
applicable to the Lease Premises and to all or any parts thereof and/or any and all facilities used in
connection therewith and the sidewalks, streets, areaways, passageways, curbs and vaults, if any, adjoining
the Leased Premises, or the use or manners of use of the Leased Premises, or the owners, tenants or
occupants thereof, whether or not any such Order shall reasonably interfere with the use and enjoyment of
the Leased Premises. Tenant shall not be required to make structural repairs or alterations unless it has by
its use of the Leased Premises or method of operations therein violated any such Orders or unless such
repairs or alterations are necessitated by Tenant's special needs.
(ii) To make all repairs, alterations, additions or replacements to the Leased Premises required by any Order
because of any special needs of Tenant, or by reason of Tenant's use or occupancy of the Leased Premises or
otherwise, including, without limitation, the updating of all mechanical and sprinkler and fire alarm systems
so that they will be in compliance with applicable codes; to keep the Leased Premises equipped with all
safety appliances so required because of such use; to procure any licenses and permits required for any
such use, and to comply with all Orders now in effect or hereinafter enacted during the Lease Term.
(iii) To promptly give notice to Landlord of any notice of Tenant's violation of any Orderreceived by
Tenant. Without diminishing the obligation of Tenant, if Tenant shall, at any time after five (5) days notice
by Landlord, fail or neglect to comply, or commence to comply as expeditiously as is reasonably feasible,
with any Order referred to in Section G(i) and, if a stay is necessary, shall have failed to obtain a stay or
continuance thereof, Landlord shall be at liberty to comply therewith, and all expenses consequent thereof
shall be borne and paid by Tenant, and upon Tenant's failure so to pay, Landlord may pay the same, and any
payments so made by Landlord, together with interest thereon at ten percent (10%) per annum from the date
of payment, shall immediately become due and payable by Tenant as additional rent.
H. To exterminate all insects or vermin, if the same infest the Leased Premises.
I. To pay promptly when due the entire cost of any work in the Leased Premises undertaken by Tenant so
that the Leased Premises shall at all times be free of liens for labor and materials, to procure and provide
copies to Landlord of all necessary permits before undertaking such work; to do all of such work in a good
and workmanlike manner, employing materials of good quality; to procure Builder's Risk insurance
whenever appropriate in amounts and with companies agreed upon by Tenant and Landlord, to perform such
work only with contractors, plans and specifications previously approved in writing by Landlord and to
comply with the requirements of Exhibits Band C ; and to save Landlord and Landlord's beneficiaries and
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agents harmless and indemnified from all injury, loss, claims or damage to any person or property
occasioned by or growing out of such work, except to the extent occasioned by or growing out of any act or
omission of Landlord or Landlord's agents.
J. To save Landlord, Landlord's beneficiaries and agents and their respective successors and assigns
harmless and indemnified from all injury, loss, claims or damage to any person or property while on the
Leased Premises or any other part of the Shopping Center occasioned by an act or omission of Tenant, or of
anyone claiming by or through Tenant, to the extent not occasioned by an act or omission of Landlord or its
agent, and to maintain, public liability insurance, insuring Landlord, Landlord's mortgagees, beneficiaries
and agents, as their interests may appear, against all claims, demands, or actions for injury to or death of any
one person in an amount of not less than $1,000,000 and for injury to or death of more than one person in
anyone accident in an amount of not less than $1,000,000 and for damage to property in an amount of not
less than $500,000 made by or on behalf of any person or corporation, arising from, related to or connected
with the conduct and operation of Tenant's business in the Leased Premises, including anywhere upon
Landlord's Tract and, in addition, and in like amounts, covering tenant's contractual liability under the
aforesaid hold harmless clause; to maintain plate glass insurance covering all exterior plate glass in the
Leased Premises and fire insurance with such reasonable extended coverage endorsements as Landlord may,
from time to time require, adequate to cover the replacement cost of all of Tenant's stock in trade, fixtures,
furniture, furnishings, floor coverings and equipment in the Leased Premises. All of said insurance provide
that it will not be subject to cancellation, termination or change except after at least thirty (30) days prior
written notice to Landlord. Landlord agrees that the Tenant's self-insurance coverage is satisfactory form
and amount of insurance. The policies or duly executed certificates for the same (which certificates shall
evidence the insurer's waiver of subrogation) together with satisfactory evidence of the payment of
premiums thereon, shall be deposited with Landlord no later than the day Tenant begins Tenant's Work, and
upon renewals of such policies, not less than thirty (30) days prior to the expiration of the term of such
coverage.
In the event Tenant's occupancy or operation causes any increase of premium for the fire and extended
coverage and boiler and/or casualty rates on the Leased Premises or Shopping Center or any part thereof
above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises, Tenant
shall pay the additional premium on the fire, boiler and/or casualty insurance policies by reason thereof.
Tenant shall also pay, in such event, any additional premium on the insurance policy that may be carried by
Landlord for its protection against loss through fire. In determining whether increased premiums are the
result of Tenant's use of the leased Premises, a schedule, issued by the organization making the insurance
rate on the Leased Premises showing various components of such rate, shall be conclusive evidence of the
several items and charges which make up the fire insurance rate on the Leased Premises. Bills for such
additional premiums shall be rendered by Landlord to Tenant at such times as Landlord may elect, and shall
be due from Tenant within ten (10) days following the billing thereof, and the amount thereof shall be
deemed to be, and be paid as, Additional Rent.
K. To waive all claims for damage to person or property sustained by Tenant resulting from any accident or
occurrence in or upon the Leased Premises or the building of which they shall be a part, including, but not
limited to, claims for damage resulting from: (1) any equipment or appurtenances becoming out of repair;
(2) Landlord's failure to keep said building or the Leased Premises in repair, whether or not Landlord has
assumed the obligation therefore; (3) injury done or occasioned by wind, water, or other natural element; (4)
any defect in or failure of plumbing, heating, or air conditioning equipment, electric wiring or installation
thereof, gas water and steam pipes, stairs, mezzanines, railings, or walks; (5) broken glass; (6) the backing
up of any sewer pipe or down spout; (7) the bursting, leaking or running of any tank, tub, washstand, water
closet, wash pipe, drain or any other pipe or tank in, upon or about such building or Leased Premises; (8) the
escape of steam or hot water (it being agreed that all of the foregoing are under the control of the Tenant);
(9) water, snow or ice being upon or coming through the roof, skylight, trapdoor, stairs, walks or any other
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place upon or near such building or the Leased Premises or otherwise; (10) the falling of any fixtures, plaster
or stucco, all except to the extent resulting from the acts or omissions of Landlord or its agents.
L. To permit Landlord, Landlord's beneficiaries and agents to enter the Leased Premises at reasonable times
for the purpose of inspecting same, making repairs, additions or alterations thereto or to the building in
which the same are located and showing the Leased Premises to prospective purchasers, lenders and tenants.
M. To surrender, at the termination of this Lease, the Leased Premises in a broom-clean condition, free of
debris and in the same condition (subject to the removals hereinafter required) as the Leased Premises were
on the date Tenant opened the Leased Premises for business to the public, reasonable wear and tear
excepted with all holes in walls patched, taped and sanded, ready for paint and ready for paint, and to
surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent, and to
inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises; to remove,
during the last thirty (30) days of the Lease Term, all of Tenant's trade fixtures, and to the extent required by
Landlord by written notice, any other installations, alterations, improvements (excluding the Improvements
referred to in Section 4.1(d)), wall coverings or floor coverings, and any adhesives relating thereto installed
by Tenant before surrendering the Leased Premises as aforesaid and to repair any damage to the Leased
Premises or the Shopping Center caused thereby. Any alterations, changes, additions and improvements
(specifically including, by way of example, light fixtures and heating and air conditioning equipment) shall
immediately upon the termination of this Lease, at Landlord's option, become Landlord's property, be
considered part of the Leased Premises, and shall not be removed at or prior to the end of the Lease Term
without Landlord's written consent unless Landlord requests Tenant to remove same. If Tenant fails to
remove any shelving, decorations, equipment, trade fixtures or personal property from the Leased Premises
upon the end of the Lease Term, at Landlord's option they shall become Landlord's property and Tenant
shall pay for the repair of any damage done to the Leased Premises or Shopping Center and the costs
incurred resulting from the removal of the same.
N. To remove, at the termination of this Lease, Tenant's sign from the fascia above the storefront of the
Leased Premises, and to reimburse Landlord for the cost incurred by Landlord to repair, restore, repaint
and/or re-stain the fascia necessitated by the removal of such sign. The under canopy soft sign (other than
Tenant's removable name panels) shall remain and upon termination of the Lease shall become the property
of Landlord.
o. To execute and deliver whatever instruments may be required to evidence that this Lease and the rights
and interests of Tenant under this Lease are and shall be subject and subordinate to any mortgages or trust
deeds which Landlord may place upon the Landlord's Tract and the Leased Premises, and to any advances
made thereunder, and to the interest thereon, and all extensions thereof. In the event Tenant fails to execute
and deliver such instruments within ten (l0) days after demand in writing. Tenant does hereby make,
constitute and irrevocably appoint Landlord as its attorney in fact and in its name, place and stead so to do
without prejudice to Landlord's remedies under this Lease which are cumulative. Any mortgagee or trustee
may elect also to give the rights and interest of Tenant under this Lease priority over the lien of its mortgage
or trust deed. Further, if any financing institution requires any non-substantive modifications of the terms
and provisions of this Lease (as determined by the Tenant) as a condition to such financing as Landlord may
desire, then Tenant shall execute and deliver such modification as may be required for such purposes, and in
the event Tenant fails to do so within ten (10) days after demand in writing, Tenant does hereby make,
constitute and irrevocably appoint Landlord as its attorney in fact and in its name, place and stead so to do
without prejudice to Landlord's remedies under this Lease which are cumulative. Such modification or
modifications shall not affect any of the provisions of this Lease relating to the amount of Minimum Rent
reserved, reducing the purposes for which the Leased Premises may be used, the size and/or location of the
Leased Premises, the duration or Commencement Date of the Lease Term, or reducing the improvements to
be made by Landlord to the Leased Premises prior to delivery of possession, if any.
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P. Intentionally omitted.
Q. To pay the Landlord as additional rent during the Lease Term, Tenant's Pro-Rata Share, as described in
Section 12.1, of the Real Estate Taxes (to the extent not paid pursuant to Article V, supra) actually paid by
Landlord during the calendar year of the respective Lease Term, (first calendar year (2009) being estimated
at $4.13 per square foot of the Lease Premises) and any renewal or extension thereof, including any period
during which Tenant shall transact business in the Leased Premises but not prior to the Commencement
Date. The term "Real Estate Taxes" shall include all real estate taxes, assessments, water and sewer rents
(except water meter charges and sewer rent based thereon) and other governmental impositions and charges
of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, levied or
assessed on or with respect to, or that become payable because of or in connection with the ownership,
leasing, management control, or operation of the Shopping Center, all costs incurred by Landlord in
contesting or negotiating the same with governmental authorities, plus an administration fee equal to five
(5%) percent of the amount of such costs incurred by Landlord.
Real Estate Taxes shall not include any inheritance, estate, succession, transfer, gift, franchise, corporation,
income or profit tax or capital levy that is or may be imposed upon Landlord; provided, however, that, if at
any time during the Lease Term the methods of taxation prevailing at the commencement of the Lease Term
shall be altered so that, in lieu of or as a substitute for the whole or any part of the taxes now levied, assessed
or imposed on real estate as such, there shall be levied, assessed or imposed (a) a tax on the rents received
from such real estate or (b) a license fee measured by the rents receivable by Landlord from the shopping
center or any portion thereof, or (c) a tax or license fee imposed upon Landlord which is otherwise
measured by or based in whole or in part upon the shopping center or any portion thereof, then the same
shall be included in the computation of Real Estate Taxes thereunder,.
Tenant agrees to pay its Pro-Rata Share of Real Estate Taxes to the Landlord in monthly payments of one-
twelfth (1/12) of the "Initial Real Estate Tax Payment" (as such term is herein defined) on the first day of
each calendar month commencing upon the Commencement Date as its estimated payment of Real Estate
Taxes for the first calendar year (2009) or portion thereof included in the Lease Term, said payments
totaling $4.13 per square foot of the Leased Premises (the "Initial Real Estate Tax Payment").
For each calendar year thereafter, Tenant shall pay Landlord monthly one-twelfth (1/12) of the amount of
the Tenant's Pro-Rata Share of Landlord's actual real estate tax liability for the preceding calendar year, but
in no event less than the Initial Real Estate Tax Payment. In addition, as soon as practicable after January 1
in each year during the Lease Term, and in the year next following the year in which this Lease terminates,
Landlord shall deliver to Tenant a statement setting forth any additional rent due for Real Estate Taxes for
the immediately preceding calendar year. Any amount paid by Tenant which exceeds the true amount due
shall be credited on the next succeeding payment due pursuant to this Section, or, upon the expiration or
termination of the Lease, reimbursed to Tenant within ten (10) days thereof. If Tenant has paid less than the
amount due, Tenant shall pay the difference within thirty (30) days of receipt of notice from Landlord. This
covenant shall survive the expiration or earlier termination of the Lease. If the Lease Term shall begin or end
other than on the first or last day of a calendar year, such charges shall be billed and adjusted on the basis of
such fraction of a calendar year. Should the taxing authority include in such real estate taxes, machinery,
equipment, fixtures, inventory or other personal property or assets of Tenant, then Tenant shall pay the entire
real estate taxes for such items.
Notwithstanding anything to the contrary herein, after receipt by Tenant of a statement describing the basis
for additional rent for Real Estate Taxes, if Tenant has cause to believe that Landlord's statement of
additional rent due is incorrect, Tenant shall notify Landlord in writing within 10 days after receipt of that
statement. Tenant may, through its employees, representatives and accountants, inspect, audit and copy
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Landlord's books and records, as they apply to such additional rent due to verify Landlord's statement of the
amount due. Landlord shall cooperate with Tenant in any verification effort and shall provide Tenant with
such paid receipts and vouchers as Tenant may reasonably request evidencing payments made. Tenant's
obligations to pay such additional rent shall be deferred for the lesser of the period necessary to make such
verification or 45 days from the date ofreceipt by Tenant of Landlord's statement of additional rent.
(Q-I) To pay Landlord, as additional rent, Tenant's Pro-Rata Share of premiums for fire and extended
coverage, vandalism, malicious mischief, liability and rental insurance (with all reasonable endorsements
deemed advisable by Landlord) paid periodically by Landlord for the respective Lease and any Renewal
Terms and during and for any period prior to the Lease Term in which Tenant is transacting business in the
Leased Premises (the "Insurance Premium").
Tenant agrees to pay to the Landlord one-twelfth (1/12) of the Insurance Premium on the first day of each
calendar month commencing upon the Commencement Date as its Pro-Rata Share of insurance for the first
calendar year or portion thereof included in the Lease Term, first calendar year (2009) not to exceed $0.24
per sq. ft. of the Leased Premises (the "Initial Insurance Premium"), and, thereafter, Tenant shall pay
Landlord monthly one-twelfth(1/12) of the amount of the Tenant's Pro-Rata Share of the Insurance Premium
for the preceding calendar year, but in no event less than the Initial Insurance Premium.
R. To remain fully obligated under this Lease notwithstanding any assignment or sublease or any indulgence
granted by Landlord to Tenant or to any assignee or sublease, but nothing contained in this subparagraph
shall be construed to permit any assignment or sublease by Tenant. Notwithstanding anything to the contrary
in this Lease, Landlord acknowledges and consents to Tenant's sharing of space in the Leased Premises with
the Mount Prospect Public Library, as a sublessee or licensee, and sharing of space with other entities as a
license, for purposes of Tenant's Neighborhood Resource Center.
S. (WHEN AND IF NECESSARY) To promptly furnish Landlord, from time to time, financial statements
in detail satisfactory to Landlord, reflecting the current financial condition of Tenant under this Lease, and if
Tenant is a corporation, a current roster of stock ownership certified by the corporate secretary, whenever
requested by Landlord.
T. To observe and comply with the requirements of all policies of public liability, fire and all other policies
of insurance at part thereof.
u. To comply with all further reasonable rules and regulations for the use and occupancy of the Shopping
Center as Landlord, in its sole discretion, from time to time promulgates for the best interest of the Shopping
Center, but only to the extent that such rules and regulations do not interfere with Tenant's reasonable use
and enjoyment of the Lease Premises. Landlord shall have no liability for violations thereof by any other
tenant of the Shopping Center and the waiver thereof shall not excuse the Tenant from compliance.
v. To refrain from assigning, selling, mortgaging, pledging, or in any manner transferring this Lease or any
interest therein, by operation of law or otherwise; to refrain from subletting the Leased Premises or any
potion or portions thereof, except with written consent of the Landlord.
W. Not to suffer any mechanic's liens to be filed against the Leased Premises or the Shopping Center by the
reason of any work, labor, services or materials performed at or furnished to the Leased Premises, to Tenant,
or to anyone holding the Leased Premises through or under the Tenant. If any such mechanic's lien shall at
any time be filed, Tenant shall forthwith cause same to be discharged of by payment or order of a court of
competent jurisdiction or otherwise, but Tenant shall have the right to contest any and all such liens,
provided security satisfactory to Landlord is deposited with Landlord within fifteen (15) days after the filing
of such lien. If Tenant shall fail to cause such a lien to be discharged within thirty (30) days after the filing
thereof and before judgment or sale thereunder, then, in addition to any other right or remedy of Landlord,
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Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or
by bonding or other proceeding deemed appropriated by Landlord in Landlord's absolute discretion, and the
amount so paid by Landlord and all costs incurred by Landlord in procuring the discharge or bonding of
such lien, shall be deemed to be additional rent and together with interest thereon at twenty (20) per cent per
annum from date of payment shall be due and payable by Tenant to Landlord within ten (10) days of
Landlord's statement thereof. Nothing herein shall be construed as a consent on the part of Landlord to
subject Landlord's estate in the Leased Premise to any lien or liability under the Mechanic's Lien Law of
Illinois.
X. To pay on demand Landlord's expenses, including reasonable attorneys' fees, expenses of administrative
hearing and court costs incurred directly or indirectly in enforcing any obligation of Tenant under this Lease
including any default by Tenant, in connection with appearing, defending or otherwise participating in any
action or proceeding arising from the filing, imposition, contesting, discharging of any lien or claim for lien,
in defending or otherwise participating in any legal proceeding initiated by or on behalf of Tenant wherein
Landlord is not adjudicated to be in default under this Lease. Tenant's obligation under this subsection X
shall be effective only in the event that Tenant is adjudicated to be in default under the Lease.
ARTICLE IX. RULES AND REGULATIONS
Section 9.1 TENANT TO ABIDE BY RULES AND REGULATIONS
Tenant covenants and agrees with Landlord that:
A. Except as otherwise provided in the Lease or consented in writing by Landlord, no sign, advertisement,
display, notice, or other lettering shall be exhibited, inscribed, or painted or affixed on any part of the Leased
Premises or inside, if visible from the outside, or outside the building of which they form a part. No symbol,
design, mark, or insignia adopted by Landlord for the Shopping Center or the Tenants therein shall be used
in connection with the conduct of Tenant's business in the Leased Premises or elsewhere without, in each
instance, the prior written consent of Landlord. All such signs, displays, advertisements and notices of
Tenant's so approved by Landlord shall be maintained by Tenant in good and attractive condition at
Tenant's expense and risk. Tenant shall not use hand bills for advertising at Shopping Center.
B. No awning or other projections shall be attached to the outside walls of the Leased Premises or the
building of which they form a part without, in each instance, the prior written consent of Landlord.
C. All loading and unloading of goods shall be done at such times, in the areas and through the entrances
designated for such purpose by Landlord.
D. All garbage and refuse shall be kept shall be kept in the kind of container specified by Landlord, and
prepared for collection in the manner and at the times and places specified by Landlord. If Landlord shall
provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost.
Tenant will not install any automatic garbage disposal equipment without the prior written consent of
Landlord.
E. No radio or television aerials shall be installed or erected on the roof or exterior walls or on the grounds
of the Leased Premises without prior written consent, in each instance, of Landlord. Any installation without
written authorization shall be removed without notice at Tenant's expense.
F. No loud speakers, television sets, radios or other devises shall be used in a manner so as to be heard or
seen outside the Leased Premises without the prior written consent of the Landlord.
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G. No auctions, or bankruptcy, or fire, or selling-out sales shall be conducted on or about Leased Premises
without the prior written consent of Landlord, which may be withheld in Landlord's absolute and sole
discretion.
H. Tenant shall keep Tenant's display windows illuminated and the signs and exterior lights lit each and
every day of the term herein during business hours.
I. Tenant shall keep Leased Premises at a temperature sufficient to prevent freezing of water pipes and
fixtures.
J. The outside areas shall be kept clean and unobstructed.
K. Tenant shall not make or permit any objectionable noise or odor to emanate from Leased Premises. No
person shall use the Leased Premises as sleeping quarters or as lodging.
L. Tenant shall obtain all permits and licenses necessary to conduct its business.
M. Tenant shall not operate any coin or token operated vending machines or similar devises for the sale of
any goods, wares merchandise, food, beverages, or services, including but not limited to, pay telephones,
pay lockers, pay toilets, scales, amusement devices, candy, cigarettes or other commodities or any moving
sign or fixture of any kind without the prior written consent of Landlord.
The foregoing covenants and agreements of this Section 9.1 shall be referred to as "Rules and
Regulations. "
Section 9.2 Amendments to Rules and Regulations
Tenant agrees that Landlord may amend, modify and delete present Rules and Regulations or add
additional reasonable rules and regulations for the use and care of the Leased Premises, the building of
which the Leased Premises are a part, the common areas and all of the Shopping Center so long as not to
interfere with tenant's use. Tenant agrees to comply with all such Rules and Regulations upon notice to
Tenant from Landlord.
Section 9.3 Default bv Tenant
The breach of any Rules and Regulations herein set forth or any amendments or additions thereto
shall constitute a default under this Lease, and in such event, Landlord shall have all remedies in this Lease
provided for default by Tenant.
ARTICLE X DAMAGE OR TAKING AND RESTORATION
Section 10.1 Fire. Explosion or Other Casualty
In the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent
which is less than twenty-five (25) per cent of the insurable value of the Leased Premises, the damage shall
be promptly repaired by Landlord at Landlord's expense upon receipt by Landlord of insurance proceeds for
such damage; provided that Landlord shall not be obligated to expend for such repair an amount in excess of
the insurance proceeds recovered as a result of such damage and that in no event shall Landlord be required
to repair or replace Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In
the event of any such damage and (a) Landlord is not required to repair as hereinabove provided or (b) the
Leased Premises shall be damaged to the extent of twenty-five (25) per cent or more of insured value, or (c)
the building of which the Leased Premises are a part is damaged to the extent of twenty-five (25) per cent or
more of the insured value, or (d) the buildings (taken in the aggregate) in the Shopping Center shall be
damaged to the extent of twenty-five (25) per cent or more of the aggregate insurable value, Landlord may
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elect to either repair or rebuild the Leased Premises or the building or buildings, or to terminate this Lease
upon giving notice of such election in writing to Tenant within ninety (90) days after the occurrence of the
event causing the damage. If the casualty, repairing or rebuilding shall render the Leased Premises un-
tenantable, in whole or in part, and the damage shall not have been due to the default or neglect of Tenant, a
proportionate abatement of the Rent shall be allowed from the date when the damage occurred until the date
Landlord completes its work, said proration to be computed on the basis of the relation which the gross
square foot area of the space rendered un-tenantable bears to the Floor Area. No abatement of Rent,
proportionate or otherwise, pursuant to this Section 10.1 shall have any effect upon or be viewed as a waiver
by either party of any rents value insurance maintained by such party relative to this Lease. If Landlord is
required or elects to repair the Leased Premises as herein provided, Tenant shall repair or replace its stock in
trade, fixtures, furniture, furnishings, floor coverings and equipment. If Tenant has closed, Tenant shall
promptly reopen for business. However, if in the event the Leased Premises are rendered un-tenantable for
longer than six (6) months, Tenant may in its sole discretion elect to terminate this Lease in its entirety,
without penalty or further obligations.
Section 10.2 Eminent Domain
If the whole of the Leased Premises shall be taken by any public authority under the power of
eminent domain, the Leased Term shall cease as of that day. Tenant shall pay Rent up to that date. All
proration's will be taken into account on a per diem basis. Ifless than all of the floor area is taken, the
Leased Term shall, at Tenant's option, cease only for the parts so taken by the public authority. Tenant shall
pay Rent up to that date.
If the Floor Area so taken leaves the space no longer suitable for permitted uses, as determined
solely by Tenant, then the Lease Term shall cease and the Tenant shall pay up to the date that possession is
taken. If more than twenty-five (25) per cent of the aggregate floor area of the building is taken by eminent
domain the Landlord may, by notice in writing to Tenant delivered on or before date of surrendering
possession to the public authority, terminate this Lease. All compensation awarded for the taking by eminent
domain shall belong to Landlord. Tenant hereby assigns to Landlord all of Tenants rights to any and all
compensation. However, Landlord shall not be entitled to any compensation specifically assigned to Tenant
by any public authority.
ARTICLE XI. DEF AUL TS BY TENANT AND LANDLORD, AND REMEDIES
Section 11.1 Defaults by Tenant
If (i) Tenant vacates or abandons the Leased Premises or permits the same to remain vacant or
unoccupied or fails to be continuously open for a period of thirty (30) days except for a temporary closing
due to force majeure, casualty, condemnation or remodeling, or (ii) Tenant shall falsify any reports required
to be furnished to Landlord under the terms of this Lease or (iii) Rent, Additional Rent, or any part thereof
shall be unpaid for five (5) days after written notice thereof to Tenant, or (v) default shall be made in the
prompt and full performance of any covenants, conditions or agreement of this Lease to be kept or
performed by Tenant and such default or breach of performance shall continue twenty (20) days (unless the
default involves a hazardous condition, which shall be cured immediately) after written notice to Tenant,
specifying such default or breach of performance, or (iv) any proceedings shall be commenced to declare
Tenant bankrupt or insolvent or to obtain relief under any chapter or provision of any bankruptcy or debtor
relieflaw or act or to reduce or modify the debts or obligations of Tenant or to delay or extend the payment
thereof, or if any assignment of the property of Tenant be made for the benefit of creditors, or if a receiver or
trustee be appointed for Tenant or the property or business of Tenant, or (v), the Landlord may treat the
occurrence of anyone or more of the foregoing events as a breach of this Lease and thereupon at its option,
without further notice or demand of any kind to Tenant or any other person, may have, in addition to all
other legal or equitable remedies, the following described remedies:
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Landlord may elect to terminate this Lease and the Lease Term created hereby in which event
Landlord forthwith may repossess the Leased Premises and Tenant shall pay at once to Landlord as
liquidated damages a sum of money equal to the Rent provided in this Lease for the balance of the stated
term of this Lease less the fair market rental value of the Leased Premises for said period.
Tenant hereby expressly waives the service of any notice of any election made by Landlord under
this Section 11.1, and demand for payment of Rent or for possession, except the particular demands and
notices as may in this Lease be specified.
The service of any default notice, demand for possession, a notice that the tenancy hereby created will
be terminated on the date therein named, the institution of an action of forcible dishonor or ejectment or the
entering of a judgment for possession in such action, or any other act or acts resulting in the termination of
Tenant's right to possession of the Leased Premises shall not relieve Tenant from Tenant's obligation to pay
the Rent hereunder during the balance of the Lease Term or any extension thereof, except as herein
provided.
The Landlord may collect and receive any rent due from Tenant and the payment hereof shall not
constitute a waiver of any existing default by Tenant or affect any notice or demand given, suit instituted or
judgment obtained by Landlord, or be held to waive, affect, change, modify or alter the rights or remedies
which Landlord has in equity or at law or by virtue of this Lease. Payment by Tenant or receipt by Landlord
of a lesser amount than any installment or payment due shall be deemed on account of, but not satisfaction
of, the amount due, and no endorsement or any transmittal document accompanying any check or payment
of any amount due shall be deemed an accord and satisfaction. Landlord may accept such check or payment
without prejudice to Landlord's right to recover the balance of any amount due or pursue any other remedies
available to Landlord. The acceptance ofliquidated damages by Landlord under any of the provisions of this
Lease shall not preclude Landlord from the enforcement of any of the covenants or agreements of this Lease,
nor shall any other act which infers recognition of the tenancy operate as a waiver oflandlord's right to
terminate this Lease, or operate as an extension of this Lease. Notwithstanding, the foregoing to the
contrary, in the event that this Lease is attempted to be assumed under federal bankruptcy law by a trustee in
bankruptcy law by a trustee in bankruptcy for Tenant or by Tenant as debtor in possession ( hereinafter
collectively referred to " Tenant's Trustee") and there exists a default or such a state offacts which with the
giving of notice and the passage of time would constitute a default (such state off acts, together with any
default being referred to as a "Default"), such attempted assumption shall not be effective unless Tenant's
Trustee:
(1) Cures, or provides adequate assurance that it will promptly cure, such Default; and
(2) Compensates, or provides adequate assurance that it will promptly compensate, Landlord for any actual
pecuniary loss to Landlord resulting from such Default; and
(3) Provides "adequate assurance of future performance" (as such term is herein defined) of Tenant's
obligations and covenants under this Lease.
For propose of the foregoing sentence, "adequate assurance of future performance" shall be deemed to
include, without limitation, adequate assurance of the following:
(i) The source of rental and other consideration due under this Lease;
(ii) That the Fixed Minimum Rent due under this Lease shall not decline substantially:
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(iii) That assumption or assignment of this Lease shall not substantially disrupt any tenant mix or balance in
the Shopping Center and shall not violate the provisions of this Lease governing Permitted Uses; and
(iv) That assumption or assignment of this Lease shall not alter or affect materially any other obligation or
duty of Tenant, nor be used to circumvent the remainder of the provisions of this Lease.
Furthermore, Tenant's Trustee may assign this Lease only if: (1) Tenant's Trustee assumes the Lease in
accordance with the above provisions of this paragraph 11.1; and (2) the assignee of Tenant's Trustee
provides adequate assurance of future performance of Tenant's obligation and covenants under this Lease
(whether or not a default has occurred under the Lease), including, without limitation, the items listed in (I)
through (iv) above. If Landlord shall not be permitted to terminate this Lease as provided herein because of
the provisions of Title 11 of the US Code relating to Bankruptcy, as amended, the Tenant as debtor in
possession or any trustee for Tenant agrees promptly, within more than fifteen (15) days upon request by
Landlord to the Bankruptcy Court, to assume or reject this Lease, and Tenant, on behalf of itself and any
trustee, (11.1 )agrees not to seek or request any extension or adjournment of any application to assume or
reject this Lease by Landlord with such Court. In no event after the assumption of this Lease shall any then
existing default remain uncured for a period in excess of the earlier of (a) ten (10) days and (b) the time
period set forth herein. In the event of a filing of a petition under the Bankruptcy Code, Landlord shall have
no obligation to provide Tenant with any service or utilities as herein required unless Tenant shall have paid
and is current in all payments of Common Area Costs.
Section 11.2 Holdover by Tenant
In the event Tenant remains in possession of the Leased Premises after the expiration of the tenancy
created hereunder, and without the execution of a new lease, tenant, at the option of Landlord, shall be
deemed to be occupying the Leased Premises as a tenant from month-to-month, subject to all the other
conditions, provisions and obligations of this Leases insofar as the same are applicable to a month-to-month
tenancy.
Section 11.3 Landlord's Right to Cure
Landlord may, but shall not be obligated to, at any time, without notice, cure any failure by Tenant
to perform any obligation under this Lease; and whenever Landlord so elects, all costs and expenses incurred
by Landlord, including, without limitation reasonable attorneys fees together with interest on the amount of
costs and expenses so incurred at the rate often (10) per cent per annum shall be paid by Tenant to Landlord
on demand.
Section 11.4 Affect of Waivers of Default
No consent or waiver, express or implied, by Landlord or Tenant to or of any breach of any
covenant, condition or duty of Tenant or Landlord, respectively, shall be construed as a consent or waiver of
any other covenant or condition or duty.
Section 11.5 Security Deposit
Landlord agrees to waive any Security Deposit.
Section 11.6 Default by Landlord.
If Landlord fails to perform any of the terms, covenants, agreements, or conditions on its part to be
performed under this Lease and that failure continues uncorrected for sixty (60) days after notice of failure
from Tenant, Tenant may, in addition to all other legal or equitable remedies, terminate this Lease at any
time thereafter during the continuance of that default by written notice to Landlord, and Tenant shall be
relieved of any and all liability under this Lease. Landlord agrees to pay Tenant's expenses, including
reasonable attorneys' fees, expenses of administrative hearing and court costs incurred directly or indirectly
in enforcing any obligation of Landlord under this Lease including any default by Landlord. If Landlord
fails to perform any term, covenant, agreement, or condition under the Lease and Tenant is unable to operate
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as a result of Landlord's failure, Tenant may, but is not required, upon thirty (30) days notice to Landlord,
correct the condition, the costs of which shall be subject to reimbursement by Landlord to Tenant.
ARTICLE XII. MISCELLANEOUS PROVISIONS
Section 12.1 Calculations of Pro-rata Shares
The calculations of pro-rata shares of Real Estate Taxes, Common Area Maintenance costs, and
insurance premiums shall be equal to the product of (a) the amount of said Real Estate Taxes, Common
Area Maintenance costs, and insurance premiums, and (b) a fraction, the numerator of which is the total
Floor Area of the Leased Premises (2300 square feet) and the denominator of which is the total rentable
floor area in the Shopping Center, which is 39,660 square feet; that fraction being 2400/39,660 or .0605%.
Section 12.2 Mutual Waiver of Subrogation
Whenever any loss, cost damage or expense resulting from fire, explosion or any other casualty or
occurrence is incurred by either party to this Lease in connection with the Leased Premises, and such party is
then covered in whole or in part by insurance with the respect of such loss, cost, damage or expense, then the
party so insured hereby releases the other party from any liability it may have on account of such loss, cost,
damage, or expense to the extent of any amount recovered by reasons of such insurance and waives any right
subrogation which might otherwise exist in or accrue to any person on account thereof, provided that such
release of liability and waiver of the right of subrogation shall not be operative in any case where the effect
thereof is to invalidate such insurance coverage or increase the cost thereof.
Section 12.3 Passageways
No permanent or temporary revocations or modifications to occupy or use or maintain any
passageway or structure in, over or under any street or sidewalk shall operate as or be deemed an eviction of
the Tenant or in any way terminate, modify, or abate the obligations of the Tenant to pay the full rental and
additional rental as in this Lease provided and to perform each and every covenant thereof, except to the
extent that it affects Tenant's use of the Leased Premises.
Section 12.4 Adiacent Excavation-Shoring
If an excavation shall be made upon land adjacent to the Leased Premises, or shall be authorized to
be made, Tenant shall afford to the person causing or authorized to cause such excavation license to enter
upon the Leased Premises for the purpose of doing such work as said person shall deem necessary to
preserve the wall or the building of which the Leased Premises form a part from injury or damages and to
support the same by proper foundation without any claim for damages or indemnity against Landlord, or
diminution or abatement of rent, except to the effect that such work affects the Tenant's use of the Leased
Premises.
Section 12.5 Access to Landlord for Placing Signs
Tenant agrees that Landlord, its agents, employees or any person authorized by Landlord may enter
the Leased Premises to place in and upon the Leased Premises at such places as may be determined by
Landlord "for rent" signs or notices during the last six (6) months of the Lease Term or any extension
thereof. Tenant agrees that neither Tenant nor any person within Tenant's control will interfere with such
signs or notices.
Section 12.6 Intentionallv Left Blank.
Section 12.7 Notices
Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be mailed by
registered mail, certified mail, or personally delivered to the proper address. If to tenant to Village of Mount
Prospect, Attention: Village Manager, 50 S. Emerson Street, Mount Prospect, Illinois 60056 and if to
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Landlord, to Crystal Court Shopping Center 4701 N. Cumberland Ave. Space #27, Norridge, IL. 60706. The
customary receipt signed or refused by the party to whom notice is directed shall be conclusive evidence of
such service. Notice shall be deemed given when delivered, if given by personal delivery, otherwise when
received, as evidenced by receipt or refusal, as applicable.
Section 12.8 Left Blank
Section 12.9 Left Blank.
Section 12.10 Relationship of Parties
Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party,
as creating the relationship of principal and agent or of partnership or of joint venture between the parties
hereto, it being understood and agreed that neither the method of payment of rent nor any other provision
contained herein, nor any acts of the parties hereto, shall be deemed to create any other relationship than
Landlord and Tenant. Whenever the singular is used it shall include the plural and wherever the masculine
gender is used it will include the feminine.
Section 12.11 Short Form Lease
Tenant agrees not to record this Lease. Both Tenant and Landlord agree, at either's request, to
execute, acknowledge and deliver at any time after the date of this Lease a "short form lease" suitable for
recording, setting forth those items, except Rent, contained herein.
Section 12.12 Estoppels Certificate
At any time Tenant agrees, upon request in writing from Landlord or any mortgagee or purchaser of
Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying that Lease is in
full force and affect, and any other matters reasonably requested by Landlord, or mortgagee or purchaser of
Landlord.
Section 12.13 Applicable Law
The laws of the state of Illinois shall govern the validity, performance and enforcement of this
Lease. The unenforceability or invalidity of any provision of this Lease shall not affect any other provision
of this Lease. Any headings of any provisions or articles contained herein are for convenience only and do
not define, limit, or construe the contents of such articles or provisions of this Lease.
Section 12.14 Execution of Lease by Landlord
Employees or agents of Landlord have no authority to make or agree to make a lease or any other
agreement or undertaking in connection herewith. The submission of this document for examination does
not constitute an offer to lease. The Lease and the Leased Premises become effective and binding only upon
the execution and deliver hereof by Tenant and Landlord. All negotiations, considerations, representations
and understandings between Landlord and Tenant are incorporated herein and may be modified or altered
only by agreement in writing between Landlord and Tenant, and no act of omission of any employee or
agent of Landlord shall alter, change, waive, or modify any of the provisions hereof.
Section 12.15 Binding Effects of Lease
The covenants, agreements and obligations herein contained except as herein otherwise specifically
provided, shall extend to, bind and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns. Landlord may at any time assign its interest in this Lease.
Assumption by the assignee shall release Landlord from any and all liabilities hereunder.
Section 12.16 Landlord's Beneficiaries and Agents
Wherever in this Lease, Landlord is granted a right of consent or approval, a right to inspect, a right
to add improvements to the Shopping Center, a right to designate repairs improvements or maintenance
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required to be made by Tenant or changes in any plans submitted by Tenant or any other act which involves
the exercise of discretion, such discretion may be exercised by Landlord, Landlord's beneficiaries, or
Landlord's managing agent. Any obligation set forth in this Lease of the Landlord, or any obligation of
Tenant which Landlord is given the right to perform on Tenant's behalf, shall conclusively be deemed to
have been performed by Landlord as if the same shall have been performed by Landlord, Landlord's
beneficiaries, or their agents or employees. Any obligation in this Lease to indemnify Landlord (or Landlord
and any other party), or to waive any claim against Landlord (or Landlord and any other party) is hereby
extended so that such obligations shall run in favor of Landlord, Landlord's beneficiaries and their agents
and employees. Whenever in this Lease it is acknowledged or stated that Landlord has made no
representation or warranties or promises with respect to any matter such provisions shall be deemed to
acknowledge or state that neither Landlord nor any beneficiary nor any agent nor employee of Landlord nor
its beneficiaries has made such representations or warranties or promises. All rights to enforce any
provisions of this Lease on the part of Landlord or any rights to exercise any remedies of Landlord, either
specifically provided for herein or at law or equity, may be exercised by Landlord's beneficiaries or any
agents of Landlord or Landlord's beneficiaries, in their own name, alone or in conjunction with Landlord or
any of the foregoing parties.
Section 12.17 Intentionally Omitted
Section 12.18 Obiection to Statements
Tenant's failure to object to any statement, invoice or billing rendered by Landlord within a period of one
hundred and twenty (120) days after receipt thereof shall constitute Tenant's acquiescence with respect
thereto and shall render such statement, invoice or billing an account stated between Landlord and Tenant
* * *
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day and year first above
written.
Tenant: Village of Mount Prospect
By:~r~
Irvana K. Ilks
Mayor
Landlord:
Date:~ I? ~Op/
By:
As stee of the Parkway Bank and Trust,
t personally, but as Trustee under Trust
Agreement dated November 2, 1998, and
known as T=1JO' [~
Date:;} 5 7
I L/
Attest:
~'L @
By: "---/71 = ~d .. If'
M. is Angell "- )
Village Clerk \
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EXHIBIT A
DESCRIPTION OF CRYSTAL COURT SHOPPING CENTER AND LEASED PREMISES
DESCRIPTION OF CRYSTAL COURT SHOPPING CENTER:
PARCEL 1:
LOT 2 IN MARCO POLO'S SUBDIVISION, BEING A SUBDIVISION OF THE EAST '12 OF THE
NORTHEAST lA OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPLE MERIDAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY GRANT MADE BY AND
BETWEEN THE CRYSTAL TOWERS HOMEOWNERS ASSOCIATION AND AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO AS TRUSTEE UNDER TRUST
AGREEMENT DATED APRIL 12, 1984 AND KNOWN AS TRUST NUMBER 60753 RECORDED
AS 27193862 FOR STORM AND SANITARY SEWERS.
The Real Property or its address is commonly known as 1703-1767 Algonquin Road, Mount Prospect, IL
60056. The Real Property tax identification number is 08-22-203-041-0000.
DESCRIPTION OF LEASED PREMISES:
SPACES 4 & 5 IN CRYSTAL COURT SHOPPING CENTER
COMMONLY KNOWN AS:
1709-1711 W. ALGONQUIN ROAD
MOUNT PROSPECT, IL 60056
)It , . ~
EXHIBIT "B"
DESCRIPTION OF WORK ON LEASED PREMISES
Work on the Leased Premises includes, but is not limited to, the following: (if needed)
A. All Work, as hereinafter described, required to complete and place the Leased Premises in finished
condition for opening of business will be performed by Tenant, at Tenants expense, except to the extent of
any credit provided in the Lease. Such Work shall be in accordance with this Exhibit, and the Lease to which
this Exhibit is attached.
B. The WORK
1.) All floor finishes, salient's and coverings.
2.) Painting and decorating.
3.) All trade fixtures and furnishings.
4.) All tenant signs on the Leased Premises, except as described in Exhibit C.
5.) Interior partitions and doors.
6.) Storefront display platforms or backgrounds.
7.) All additions, deletions or modifications to existing conditions or to Landlord's
Work (proposed or in place).
8.) Temporary services and facilities during construction shall be the responsibility of the Tenant from the
date the Tenant commences the Work, including costs or charges for any utilities or other services to the
Leased Premises.
9) ADA bathroom improvements.
10) Heating, ventilation and air conditioning (HV AC) System replacement, including all necessary
ductwork, and one (1) central heating and cooling unit for the entire Leased Premises, though two (2) roof
units may be installed at Tenant's discretion, subject to the credit in Section 4.1(e) of the Lease.
11) Fire suppression sprinkler system.
12) Landlord specifically authorizes Tenant to buildout the Leased Premises in substantially the manner
described in the Floorplan, attached hereto and incorporated herein as Exhibit B-1.
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EXHIBIT "C "
SIGN CRITERIA
I GENERAL
1.1 This exhibit shall govern the design, construction, installation and standards of repair of all signs to be
installed initially by the Tenant at its cost, in conjunction with the provisions ofthe Tenant's Lease. The
Landlord shall make all final and controlling determinations concerning any questions of interpretation of
this sign policy.
1.2 It is intended that the signing of stores in Crystal Court Shopping Center shall be designed and executed
in a manner to result in an attractive and coordinated total effect. Lettering shall be well proportioned, and
its design, spacing and legibility shall be a major criteria for approval.
1.3 Tenant shall be required to identify the Leased Premises by erecting (1) sign which shall be attached
respectively directly to the building fascia. Where the Leased Premises is a comer store, Tenant may install a
fascia sign on each fascia when the side fascia exceeds fifteen (15) feet in length, and the criteria shall
govern each frontage respectively. In no event shall the preceding sentence be construed to permit the
installation of fascia sign on sides of a building lacking fascia.
1.4 Landlord shall supply and install a uniform identification sign on the Tenant's service door at the
Tenant's expense. Tenant shall not post any additional signs in the service area.
1.5 The content of Tenant identification signs shall not include names of items for sale.
1.6 All lines oflettering shall run horizontally.
1.7 All lettering shall be upper case or lower case block type letters or combination thereof. Script lettering
shall not be allowed, except as the Landlord shall otherwise determine.
1.8 Moving, rotating, flashing, noise-making or odor-producing signs shall not be allowed.
1.9 The names, stamps or decals of manufacturers or installers shall not be visible except for technical data
(if any) required by governing authorities.
1.10 Tenant shall not be permitted to open for business without approved required signs in place. Failure to
open for this reason shall not excuse Tenant from the performance of its obligations under the Lease.
II CRITERIA FOR BUILDING FASCIA SIGNS
2.1 Letters shall be individual and individually mounted to the fascia material with minimum practical sized,
non-corrosive, concealed fastenings, weather-sealed at point of fascia penetration.
2.2 Length of sign shall be limited to sixty-five (65) percent of the fascia frontage. The assigned position for
each Tenant sign shall be as close to a center-of- frontage location as possible subject to allowance for
positioning comer store signs and suitable space between adjacent tenant's signs, as determined by
Landlord. Multiple premises by Tenant (i.e. those whose fascia frontage exceeds forty (40) feet) shall center
sign in bay containing entrance, and sign shall be limited to twenty-six (26) feet in length.
2.3 The principal base of all sign letters shall be aligned on a base line located as determined by the
Landlord for each Tenant Sign.
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2.4 The maximum height of upper case and lower case block and script letters and ascenders oflower case
letters shall be limited to twenty-four (24) inches and decenders oflower case letters shall be limited to eight
(8) inches.
2.5 Letters shall be of minimum practical depth. Maximum depth shall be five (5) inches.
2.6 Letters shall be channel type formed of steel or aluminum back and sides with porcelain or baked enamel
exterior finish. Open end of the channel shall be glazed with acrylic plastic facing of color selected by the
Tenant.
2.7 Sign letters shall be self-illuminated. Internal illumination shall be provided by neon-type tubing with
wring and transformers concealed behind the fascia shall be of minimum practical size and number, non-
corrosive, concealed and weather sealed at point of fascia penetration. Landlord shall provide an access
panel in the canopy soffit to the sign wiring area.
2.8 Prior to awarding a contract for fabrication and installation of Tenant's building fascia sign, Tenant shall
submit drawings and specifications, in quadruplicate, including samples of materials and colors, for all its
proposed building fascia and storefront sign work. The drawings shall clearly show location of sign and
indicate graphs, color, materials, construction and attachments details. Landlord shall return one (1) set to
Tenant with its required modifications and/or approval.
2.9 Tenant shall purchase its fascia signage through Landlord's recommended sign contractor unless
Landlord's recommended sign contractor's price is for more than one hundred and ten (110) per cent of the
price available from another reputable sign contractor selected by Tenant.
III CRITERIA FOR STOREFRONT SIGNS
3.1 Tenant may install not more than a total of two (2) identical signs on the doors, windows or sidewalk
returns ofthe storefront. Signs, non-illuminated or illuminated, shall not exceed two (2) inches in height and
letters shall be either painted, or cut from self-adhering vinyl fabric or one quarter (1/4) inch thick wood,
metal or plastic or appropriate materials, without Landlord's approval.
3.2 Tenant shall not apply any other signs to the interior or exterior face of the storefront glass or other
material.
IV APPROVAL OF LOCAL GOVERNMENT AUTHORITIES
4.1 Tenant shall be responsible for complying with the rules, regulations and ordinances governing the
installation and maintenance of signs with the Village of Mount Prospect, Illinois. Application for all
necessary permits and the payment of any fees shall be directed to the appropriate Village Department by
Tenant.
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