Loading...
HomeMy WebLinkAbout5. NEW BUSINESS 03/02/2010 RESOLUTION NO. A RESOLUTION REGARDING THE RELEASE OF CLOSED SESSION MINUTES WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have, from time to time, met in Closed Session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the Village Board has kept written minutes of all such Closed Sessions; and WHEREAS, pursuant to the requirements of Public Act 85-1355, the President and Board of Trustees have met in Closed Session to review the minutes of all Closed Sessions; and WHEREAS, the President and Board of Trustees have determined that a need for confidentiality still exists as to the Closed Session minutes for the meetings as set forth on Schedule A attached hereto; and WHEREAS, the President and Board of Trustees have further determined that the minutes of Closed Sessions, as noted on Schedule "A" and Schedule "B" attached hereto, no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize the release of the Closed Session minutes as indicated on Schedule "A" and Schedule "B" attached hereto and made a part of this Resolution. SECTION TWO: That the Village Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with the standing procedures of the Clerk's Office. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\Feb22010 ResolulionClosed Session Minuiles.doc A SCHEDULE A Closed Sessions of the President and Board of Trustees of the Village of Mount Prospect were held as listed below. The minutes that have been determined may be released for public inspection are indicated by the word "Released", those determined to remain as confidential are indicated by the words "Not For Release": July 21, 1992 Released October 6, 1992 Released February 9, 1993 Released March 2, 1993 Released August 17, 1993 Released January 4, 1994 Released February 8, 1994 Released June 28, 1994 Released September 27,1994 Released April 18, 1995 Released May 9,1995 Released May 23, 1995 Released November 8, 1995 Released December 5, 1995 Released February 6, 1996 Released February 13, 1996 Released April 16, 1996 Released October 1, 1996 Released January 7, 1997 Released January 14, 1997 Released June 10, 1997 Released September 23, 1997 Released May 26, 1998 Released June 16, 1998 Released August 4, 1998 Released August 11, 1998 Released October 6, 1998 Released April 6, 1999 Released June 22, 1999 Released SCHEDULE B Closed Sessions of the President and Board of Trustees of the Village of Mount Prospect were held as listed below. The minutes that have been determined may be released for public inspection are indicated by the word "Released" or "Partial Release", those determined to remain as confidential are indicated by the words "Not For Release": May 18, 1999 January 11, 2000 January 18, 2000 January 25. 2000 February 1, 2000 February 8. 2000 February 15, 2000 February 22, 2000 February 29,2000 March 14.2000 March 22, 2000 April 11. 2000 May 2, 2000 June 6, 2000 August 1,2000 October 10, 2000 December 12, 2000 April 10, 2001 April 17, 2001 July 17, 2001 September 18, 2001 November 27,2001 January 8, 2002 February 5, 2002 February 12, 2002 March 5, 2002 April 16, 2002 May 7,2002 May 14, 2002 June 18. 2002 July 2, 2002 August 6, 2002 August 13, 2002 September 3, 2002 September 10, 2002 October 1, 2002 October 8. 2002 October 15, 2002 November 6, 2002 December 3, 2002 January 7, 2003 January 21, 2003 February 4, 2003 February 11, 2003 February 25, 2003 April 2, 2003 September 2, 2003 September 16, 2003 October 7, 2003 November 4,2003 November 18, 2003 Released Released Released Released Released Released Released Released Released Released Released Released Released Released Released Release Released Released Partial Release Released Released Released Released Released Released Partial Release Partial Release Released Released Partial Release Released Partial Release Released Released Released Released Released Released Released Released Released Partial Release Release Release Release Release Release Release Release Release Release Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~. \A~ ~~, It) FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 23, 2010 RESOLUTION APPROVING THE 2010 OFFICIAL ZONING MAP SUBJECT: State Statutes require that the Village Board approve the Official Zoning Map by March 315t each year to reflect the changes that have occurred in the previous calendar year. Staff has completed all the necessary modifications to the 2010 Official Zoning Map and requests that the Village Board approve the attached resolution. Please forward this memorandum to the Village Board for the review and consideration at their March 2nd meeting. Staff will be present at the meeting to discuss this matter further. w~ \\vfl\VHlHCD$\PLAN\Official Zoning Map\2010\2010 Official Zoning Map Memo.doc RESOLUTION NO. A RESOLUTION ADOPTING THE 2010 OFFICIAL ZONING MAP FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY. ILLINOIS WHEREAS, as mandated by the Illinois Compiled Statutes 5/11-13-19, the Corporate Authorities shall cause to be published no later than March 31 of each year, a map showing the existing zoning uses, divisions, restrictions, regulations and classifications for such municipality for the ~receding year. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The President and Board of Trustees of the Village of Mount Prospect do hereby adopt and approve the 2010 Mount Prospect Official Zoning Map, attached hereto and presented as "Exhibit An. SECTION TWO: This resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\Zoning Map,2010.doc R VILLAGE OF MOUNT PROSPECT OFFICIAL ZONING MAP Effective: March 31, 2010 j Zonina Districts 61, OFFICE 62, NEIGH60RHOOO SHOPPING DISTRICT 63, COMMUNITY SHOPPING 64, COMMERCIAL CORRIDOR 65, CENTRAL COMMERCIAL 65C, CENTRAL COMMERCIAL CORE R1, SINGLE-FAMILY RESIDENTIAL R2, ATTACHED SINGLE-FAMILY RESIOENTIAL R3, LOW..oENSITY RESIDENTIAL R4, MULTI-FAMILY DEVELOPMENT RS, SENIOR CITIZEN RESIOENCE RA, SINGLE-FAMILY RESIDENTIAL RX, SINGLE-FAMILY RESIOENTIAL XX, UNINCORPORATED COOK COUNTY CR, CONSERVATION RECREATION 11, UMITEO INDUSTRIAL 12, RAILROAD * P.U.D. OR, OFFICE RESEARCH Pl, OFF STREET PARKING o 0.5 1 1.5 2 . Miles L\ VILLAGE OF MOUNT PROSPECT OFFICIAL ZONING MAP Effective: March 31, 2010 SEMINOLE LN CR CR CT B3 B3 RX B4 RX B4 B3 B3 12 31 B3 B3 B3 B3 11 2 1 10 2 B3 B3 4 9 R1*R1 R1*R1 5 R1* R1* 8 4 67 7 1. FAIRMONT PL 6 1. APPLE CT 2. PARLIAMENT PL 2. ORANGE CT TANO LN 3. HANOVER PL 3. PLUM CT 4. PICADILLY PL 4. CLOVE CT 5. COVENTRY PL 5 5. NUTMEG CT 6. RALEIGH PL R1* R1* 6. APRICOT CT 7. YARMOUTH PL 7. PERSIMMON LN 8. MANSHIRE PL 9. THACKERY PL 10. BRIGHTON PL 11. DOVER PL 12. PICADILLY CIR CR* CR* CR CR R4* R4*CR CR RX RX B4 B4 R1* R1* WIMBOLTON DR B4 B4 E EUCLID AV B3 E EUCLID AV B3 B3 B3 B3 B3 B3 B3 ALDER LN CR CR RX RX RX CEDAR LN RX CR CR CR CR REGENCY R1 R1 CT R1 R1 DOGWOOD LN GREENWOOD DR B3* B3* B4 B4 R1* ELDERBERRY LN R1* R1 R1 GREENWOOD DR B3* B3* B4 B4RX RX BOXWOOD DR CR CRR4* R4* CR CR B1 B1R3B3* R3B3* IRONWOOD DR B4 B4 B4 B4 E KENSINGTON RDE KENSINGTON RD B1 B1 B3 B3R4 B4 R4 B4 GARWOOD DR B3 B3 R1 R1 B1B1 HOLLY AV I1* I1* R1 R1 R3 R3 I1 I1 E HIGHLAND AV E HIGHLAND ST R2 R2 R2* R2* B1 B1 CR CR R1 R1 R2* R2* W MEMORY LN W MEMORY LN E MEMORY LN CR CR CR CR B1 B1 R1* R1* B3 B3 W GREGORY ST R1R1 RA RA CR CR HARVEST LN R1 R1 CR CR CR CR B4 B4 B3* CARDINAL LN B3* B1 B1 R1 R1 SMALL LN RX RX E ISABELLA ST R4 R4 I1 I1R4* R4* CALLERO CIR CR CR R2 R2 B4* B1B1 B4* R3 R3 E THAYER ST R2* R2*R2* R2* B1 B1 R1 R1 R5 R5 CR CR CR CENTENNIAL DR CR R2* R2* MT PROSPECT PLAZA I2 I2 I1*W HENRY ST B3 I1*B3 RA RA I1R1 CRI1B5R1R3 CRB5R3 I1 I1 R1R1 B5 B5 P1 P1 W CENTRAL RD B1R3 B1R3 E CENTRAL RD B4 B4 B5C B5C W BUSSE AV B5C B5CB5C*B5C* B5C*B5C* B5C*B5* B5C*B5* R1 R1 R1 R1 RX RX I2 I2 B5C* B5C* CR CR B5C B5C B5C B5C B5 B5 FREDIANI RX RX CT B5 B5 1 1. COLLEGE DR CR CR 2. UNIVERSITY DR RA 2 RA 3. VILLAGE DR B5* B5* R3* 2 R3* 3 2 R2 R2 R1R1 P1 P1 RX RX R1 R1 I1 I1 I2 I2 R4 R4 RX RX R2 R2 RX RX R1 R1 R4* R4* CR CR R3 R3 RX RX RA RA RUSTY DR MOEHLING DR RA RA CR CR SULLIVAN CT CR CR RX RX CRCR R1 R1 RX RX RA RA RX RX RX* RX* CR CR CR CR CR W SUNSET RD CR RX RX RX RX RX W SUNSET RD RX RX RX R2* R2* CR CR R4 R4 B3* B3* B4 B4 R1 R1 B1 B3B3B1 RA RA B1 B1 R4R4 B3* B3* CR CR B3 B3 BEL AIRE LN B3* B3* RX RX RA RA R2* R2* CR CR R4* RX R4* RX R3 FROST DR R3 Zoning Districts NORTH LN R2 R2 RX* RX* R1 R1 B4 SOUTH LN B4 RX RX HATHERLEIGH CT CR R2*RXR4 CR R2*RXR4 R4R4 R4* R4* CR* CR* B4* B4* R1 R1 PICKWICK CT B1, OFFICE R1, SINGLE-FAMILY RESIDENTIAL R4 R4 R3* R3* R4 B4 R4 B4B3 B3B4 B4 I1 I1 B3 B3 B3B4 B3B4 B4 B4 R2, ATTACHED SINGLE-FAMILY RESIDENTIAL B3*B2, NEIGHBORHOOD SHOPPING DISTRICT R4* R4R4* R4 RX RX B3 B3 R4*R3, LOW-DENSITY RESIDENTIAL R4*B3, COMMUNITY SHOPPING B4 B4 RX RX R4* R4* RX RX RX RX B3 B3 R1 R1 I1* I1* R4, MULTI-FAMILY DEVELOPMENT B4, COMMERCIAL CORRIDOR I1 I1 IMPERIAL CT R4* R4* R5, SENIOR CITIZEN RESIDENCE I1* I1* B5, CENTRAL COMMERCIAL R4* R4*OR* OR* R4* R4* R4* R4* RA, SINGLE-FAMILY RESIDENTIAL B3 B5C, CENTRAL COMMERCIAL CORE JAMES DR B3 R4 R4 KENNETH DR B4 RX, SINGLE-FAMILY RESIDENTIAL B4 RX RX B3 B3 I1* I1* ADDISON CT CR, CONSERVATION RECREATIONXX, UNINCORPORATED COOK COUNTY I1* I1* I1 I1 RX RX I1 I1 I1* I1* B4* B4* I1*I1, LIMITED INDUSTRIAL I1* FRANKLIN DR B3 B3 * ENTERPRISE DR I2, RAILROAD R4 R4 P.U.D. B3 B3 OR, OFFICE RESEARCH P1, OFF STREET PARKING 00.511.52 Miles Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER $~. FROM: COMMUNITY DEVELOPMENT DEPUTY DIRECTOR DATE: FEBRUARY 25, 2010 SUBJECT: TRAIN STATION RETAIL TENANT The Community Development Department has been searching for a replacement tenant to provide retail services at the downtown train station since Tuccio's vacated the space last year. Following Tuccio's departure, staff distributed a Request for Proposals to several local and regional operators requesting that they provide a scope of services to operate a retail facility at this location. Staff has reviewed the completed proposals and met with potential tenants to discuss their operations. Based on this review, staff recommends the Village enter into a lease with the GanderGroup to operate The BeanSpout at the train station. The BeanSpout would be run by Lilia Guanzon, a resident of Mount Prospect. Ms. Guanzon has over 15 years of experience in direct customer service and has restaurant ownership history. The BeanSpout is proposing to offer services including the typical food and beverage items of a cafe serving both hot and cold beverages, muffins, and other baked goods. Additionally, sundry food items will be provided along with gift items, newspapers, and magazines. Other complimentary services such as umbrella rental and wireless internet may also be provided. Planned improvements include painting the interior of the retail space, modifications to counter space, installation of new shelving, and potentially providing cable/internet services. The BeanSpout will be paying $550 per month for rent and utility expenses to operate from the train station. Staff believes the proposed agreement is appropriate for the nature of the retail space and will provide a service to commuters utilizing the station. The lease is a one year lease with renewal options. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 2nd meeting. Staff and The BeanSpout representatives will be present to answer any questions related to this matter. ~ lki Simmons, AICP. H:\ADMN\BRIAN\Train Station\Train Station. BeanSprout_022310.doc COMMERCIAL LEASE GanderGroup, dba The BeanSpout, an Illinois Corporation (hereinafter "LESSEE") Village of Mount Prospect, a Municipal Corporation (hereinafter "LESSOR") GanderGroup, dba The BeanSpout 412 N. Forest Avenue Mount Prospect, IL 60056 Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the purpose hereinafter provided the premises designated below (the "Premises"), together with the appurtenances thereto, for the term stated below. LEASE COVENANTS AND AGREEMENTS 1. PREMISES. Lessor is the owner of a train station building consisting of approximately 500 square feet and located at 11 E. Northwest Highway, Mount Prospect, Illinois (the "Building") commonly known as the Mount Prospect Downtown Metra Station and by this reference incorporated herein (the "Property"). In consideration of the mutual promises, covenants and conditions herein set forth, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor those certain premises in the Building containing approximately 500 square feet of vendor space as shown by cross-hatching on EXHIBIT A attached hereto and by this reference incorporated herein (the "Premises"). 2. TERM. Term. The term of this Lease (the "Term") shall be for twelve (12) months, commencing on the date of this Agreement. 3. RENT. Lessee shall pay Base Rent on the first business day of each month to the Finance Department at Village Hall, for the next month. "Base Rent" - $550.00 per month including rent and utility expenses. The Base Rent shall be abated for the first sixty (60) days following the commencement of this agreement. The first Base Rent payment shall be made on June 1, 2010, following the initial abatement period. iManage:214550 1 without the written permission of Lessor fIrst had and obtained. Lessee will not load floors beyond the floor load rating prescribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the Building of which they are a part. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or . electric fIxtures. Lessee acknowledges that the facility will be utilized as both a commercial and public commuter rail station, the. Lessee understands that Metra will house a ticket operating offIce within the same overall building, this offIce will have a dedicated entrance and will fall under the control and operation of Metra. The Lessee understands that the Village of Mount Prospect, Metra and Lessee will need to coordinate activities and work in conjunction on this venture with specifIc activities and requests not unreasonably withheld. Lessee acknowledges and agrees that the public and commercial usage will require the facility to be free of offensive music, language, signage and activities. 7. CONDITION ON POSSESSION. Lessee has examined and knows the condition of the Premises and has received the same in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Lessor or his agent prior to or at the execution of this Lease that are not herein expressed. Lessee shall obtain any necessary permits prior to possession of the property from Lessor. The fIre department and building department will be responsible for determining the maximum number of persons the facility can occupy and this number shall be posted and received prior to any occupancy permit being issued. 8. REPAIRS, MAINTENANCE AND ALTERATIONS. 8.1 At Lessee's sole cost and expense Lessee shall keep the Premises, appurtenances thereto, and the areas to which Lessee has direct access in a clean, sightly and healthy condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public offIcers thereunto duly authorized, all at his own expense, and shall yield the same back to Lessor upon the termination of this Lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of the execution hereof, loss by fIre and reasonable wear and tear excepted. Lessee's obligations hereunder shall include maintaining all plumbing, HV AC, electrical and lighting facilities and equipment within the Premises, the store front, doors, and plate glass of the Premises. Lessee agrees to provide all custodial services, daily cleanup, and maintenance of the public (Common Areas) portion of the Building such as sweeping, floor and window washing, debris cleanup, and general cleaning of vendor space storage and toilet areas, and shall provide all labor, supervision, insurance, equipment and cleaning materials necessary to provide general cleaning and maintenance iManage:214550_1 3 " of the Building and outdoor dining areas; provided, however, Lessor shall once a week perform a thorough cleaning of the entire train station, including all floors, windows, bathrooms, etc. Notwithstanding any provision to the contrary, Lessee's obligations under this Section shall not include making any repair or improvement necessitated by the negligence or willful misconduct of Lessor, its officers, agents, employees or assigns, or which result from construction defects caused by Lessor's building contractor and ,any subcontractors. Lessor shall pay for and, make all maintenance, repairs and/or replacements for the upkeep of the roof, roof membrane and roof systems (gutters, downspouts and the like) foundation, exterior walls, 'interior structural walls, and all structural compmJ.ents of the Building, but such obligation shall not include making any repair or improvement necessitated or caused by the negligence or willful misconduct of Lessee, its officers, agents and assigns. Lessor shall also repair or replace jf necessary, and maintain all parking areas, sidewalks, landscaping and drainage systems on the Property and all utility systems (including mechanical, electrical and HV AC systems) and plumbing systems which serve the Building as a whole and not the Lessee's Premises. Lessor shall snow plow all parking lot areas with Metra responsible for the platform structures. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and: fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at his own expense. Lessee shall repair and ,or replace any furniture or equipment that is damaged during the lease term. If, however, the Premises shall not thus be kept in good repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same, himself or by his agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor in thus replacing the Premises in that condition. 8.2 Lessor's Rights. If Lessee fails to perform Lessee's obligations under this Section, Lessor may, but shall not be required to, enter upon the Premises, after five (5) days prior written notice to Lessee, and put the same in good order, condition and repair, and the reasonable costs thereof shall become due and payable as additional rent to Lessor together with Lessee's' next Base Rent installment falling due after Lessee's receipt of an invoice for such costs. This reimbursement obligation of Lessee shall survive the termination or expiration of this Lease. 9. ACCESS TO PREMISES AND COMMON AREAS. Lessee shall allow Lessor or any person authorized by Lessor free access to the Premises for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make. Lessee shall have the right to use any and all appurtenances and easements benefitting the Premises and the Building, along with the sufficient Common Areas and parking to support its intended use of the Premises. In addition to the foregoing, Lessee shall have the right to access to such iManage:214550_1 4 portions of the Building outside the Premises as are necessary to enable Lessee to exercise its rights under this Lease. Lessor shall have the following rights, exercisable without notice and without liability to Lessee for damage or injury to property, person or business and without effecting an eviction or disturbance of Lessee's use or possession, or giving rise to any claims for setups or abatement of rent, except as set forth herein: to establish or change the name, designation or street addre$s of the Property; to install and maintain signs on any part of the Property outside the Premises; to enter the Premises in an emergency, using such force as is reasonably necessary; to make such inspections and required repairs of the Premises as are reasonably necessary; and to make repairs, additions or alterations to the common areas of the Property; to do or permit to be done any work' on or about the exterior of the Property. 10. USE. 10.1 Use. Lessee may use and occupy the Premises for any lawful retail or restaurant use; provided, however, that any proposed change in use must be reviewed and approved and not be unreasonably withheld by the Village of Mount Prospect and Metra. Lessor will provide Lessee with a key for twenty-four hour access to the public washrooms in the building. 10.2 Compliance with Law. During the Term, Lessee, at its expense, shall comply promptly with all laws, rules, and regulations made by any government authority having jurisdiction over Lessee's use of the Premises pertaining to (a) the physical condition of any improvements in the Premises; and (b) Lessee's specific business operations in the Premises. 10.3 Operations. Lessee shall operate Monday through Friday from 5:00 a.m. to 7:00 p.m., and Saturdays and Sundays from 7:00 a.m. to 10:00 a.m. It is agreed by the parties that in the event that business warrants it, as determined by Lessor and Lessee in their reasonable judgment, these hours can be modified. It is expressly understood and agreed that Lessee makes no representations or warranties, oral or written, as to the level of gross sales it may generate from the Premises or the number of customers that it will bring to the Building. In the event that Lessee ceases operating its business in the Premises for a period of not less than twenty (20) consecutive days, subject to force majeure, casualty, condemnation and remodeling, Lessor shall have the right to terminate this Lease upon not less than thirty (30) days prior written notice to Lessee unless Lessee, within such thirty (30) day period, again resumes doing business in the Premises. Lessee's right to negate Lessor's termination by reopening shall be a one- time right only. 10.4 Outdoor Seating. If such seating is permitted by the local authorities, Lessee may provide outdoor seating for its customers on property owned by Lessor adjacent to the Premises (the dimensions and location of such area shall be agreed upon by Lessor and Lessee) at any time during the Term of this Lease at no additional cost to iManage:214550_1 5 the Lessee. Lessee, at its cost, shall comply with all relevant state, municipal or local laws, regulations, rules or ordinances with respect to outdoor seating, and obtain all necessary permits or licenses for the same. Lessee shall maintain the outdoor seating area in a clean and neat fashion, with the Lessee responsible for security of materials during normal usage time and season. Lessor shall store all outdoor seating area furniture for those portions of the year when such outdoor seating area is not being used because of weather -or other conditions. 10.5 Trash Removal. Lessor shall provide a lawful location on the Property, enclosed if required by code or Lessor and convenient to the Premises, for a three or four cubic yard trash container and recycling bins for trash disposal and recycling to be installed by Lessee at its expense and to be exclusively for Lessee's use; or, if Lessee is sharing a trash dumpster supplied by Lessor, Lessee will pay its share of the costs of such dumpster based on the square footage of Lessee's store compared to the total square footage of all tenants sharing the trash dumpster. 10.6 Special Events. -if' Lessee shall obtain written authorization for special events held inside or outside of the facility, including parties, music, concerts, readings, or other events not deemed standard as part of their normal operations, and authorization for these special events will not be unreasonably withheld. 10.7 Smoking Restrictions. Lessee acknowledges that this facility is both a commercial and public venue and as such will exist as a non-smoking environment. 11. NON-LIABILITY OF LESSOR. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned by snow, wind, excessive heat or cold, broken glass, sprinkling, heating, ventilating or air conditioning systems, devices or equipment, flooding, or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Lessee, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fIxture, plaster or stucco, nor for any damage or injury arising from any act, omission or negligence of co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any such damage or injury being hereby expressly waived by Lessee. iManage:214550_1 6 12. RESTRICTIONS (SIGNS, AL TERA TIONS, FIXTURES). Lessee shall not attach, affix or exhibitor permit to be attached, affixed or exhibited, except by Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writing or printing thereon, to any window, floor, ceiling, door or wall in anyplace in or about the Premises, or-upon any of the appurtenances thereto, without in each case the written consent of Lessor fIrst had and obtained; and shall not commit or suffer any waste in or about said premises; and shall make no changes or alterations in the Premises by the erection of partitions or the papering of walls, or otherwise, without the consent in writing of Lessor; and in case Lessee shall affIx additional locks or bolts on any doors or windows, or shall place in the Premises lighting fIxtures or any fIxtures of any kind, without the consent of Lessor fIrst had and obtained, such locks, bolts and fIxtures shall remain for the benefIt of Lessor, and without expense of removal or maintenance to Lessor. Exterior signage will be penilissible under the Village of Mount Prospect HI Ordinance under the conditions that the proper permitting and'designs meet the guidelines of the Historic Preservation and Main Street Commissions, as well as the overall guidelines of the HI signage requirements. The exterior signage is the responsibility of the Lessee and such permitting with not be unreasonably withheld. Lessor shall have the privilege of retaining the same if Lessor desires. If Lessor does not desire to retain the same, Lessor may remove and store the same, and Lessee agrees to pay the expense of removal and storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade fIxtures, equipment and movable furniture. Lessee shall keep the general customer area free for the general movement and access flow for commuters and customers as well as keep the immediate area around the Metra sales area clean and accessible. Items such as sound systems, audio and visual equipment are the responsibility of Lessee and installed at its expense. 13. HEAT. Lessor does not warrant that heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control of Lessor, or by renewal or repair of the heating apparatus in the building. Any such interruption shall not be deemed an eviction.or disturbance of Lessee's use and possession of Premises, nor render Lessor liable to Lessee in damages. All claims against Lessor for injury or damage arising from failure to furnish heat are hereby expressly waived by Lessee. 14. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fIre, explosion or other casualty, Lessor may, at its option, terminate this Lease or repair the Premises within one hundred and eighty (180) days. If-Lessor does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall cease and terminate. 15. TERMINATION; HOLDING OVER. iManage:214550_1 7 At the termination of the term of this Lease, by lapse of time or otherwise, Lessee will yield up immediate possession of the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will return the keys therefor to Lessor at the place of payment of rent. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within seven (7) days after termination of ~e term serve written notice upon Lessee that such holding over constitutes either (a) renewal of this Lease for one year, and from year to year thereafter, at double the rental (computed an an annual basis) specified in Section 3, or (b) creation of a week to week tenancy, upon the terms of this Lease except at double the monthly rental specified in Section 3, or (c)-creation of-a tenancy at sufferance, at a rental of fifty dollars per day, for the time Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at (c) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. The provisions of this paragraph shall not constitute- a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall re5Eipt-of any rent or any other actin apparent affirmance of tenancy operate as a waiver orthe right to terminate this Lease for a breach of any of the covenants herein. .. ':~ 16. PROPERTY TAXES. 16.1 Defmition of "Real Property Taxes." For purposes of this Lease, the phrase "Real Property Taxes" shall include general real estate taxes and assessments payable with respect to the Property which are imposed by any authority having the power to tax any legal or equitable interest of Lessor or Lessee in the Property or the Premises, specifically including any tax on the leasehold interest created under this Lease; provided, however, that assessments shall be prorated and divided into the maximum nwnber of installments permitted by law and only the current portion shall be included in Real Property Taxes for any Lease Year. Notwithstanding the foregoing, Real Property Taxes shall not include (a) any inheritance, estate, succession, transfer, gift, franchise, or capital stock tax; (b) any income taxes arising out of or related to ownership and operation of income-producing real estate; (c) any excise taxes imposed upon Lessor based upon gross _or net rentals or other income received by it; or (d) assessments liened against the Property prior to the Commencement Date. 16.2 Payment of Real Property Taxes. For each Lease Year, if the Premises (leasehold interest) are not assessed as a separate tax parcel then Lessee shall pay the Real Property Taxes. If the Premises are assessed as a separate tax parcel, for each Lease Year Lessor shall provide Lessee with a copy of the tax statement and Lessee shall pay the Real Property Taxes for the Premises directly to the taxing authority prior to delinquency. Lessee shall pay Real Property Taxes only as such taxes become. due and payable during the Term (as defmed in Section 2.1), prorated for the first and last years of the Term. Lessee shall not pay more than $3,500 annually in Real Property Taxes for the Premises. iManage:214550_1 8 16.3 Personal Property Taxes. Lessee shall pay, prior to delinquency, all personal property taxes assessed against Lessee directly and applicable to its personal property located in the Premises. 17. INSURANCE; INDEMNITY. 17.1 Lessee's Insurance. During the Tenn of this Lease, Lessee shall obtain and keep in full force and effect, the following insurance whiQh may be provided under blanket insurance policies covering other properties as well as the Premises and shall be maintained with an insurance carrier having at least an "A" rating as defmed in A.M. Best's Key Rating guide. Upon Lessor's request, Lessee will provide Lessor with a certificate(s) evidencing such insurance and a receipt indicating up-to-date payment of all premIUms. 17.1.1 Liability Insurance. Personal injury, bodily injury and property damage insurance (to include:without'limitation contractual liability insurance covering Lessee's -indemnity obligations under Section 17.4) naming Lessor, as well as Metra, as additional insureds as their interest may appear from time to time, against liability arising out of Lessee's use, occupancy, or maintenance of the Premises and Lessee's outdoor seating area (if any). Such insurance shall include an "each occurrence" limit of not less than One Million Dollars ($1,000,000.00) and a general aggregate limit of not less than One Million Dollars ($1,000,000.00). Lessee's insurance shall be primary with respect to any claim arising out of events that occur in the Premises and the Common Areas in the Building. 17.1.2 Property Insurance. Commercial property fonn insurance with a special fonn endorsement providing coverage on a replacement cost basis for Lessee's fixtures, equipment and inventory in the Premises. During the Tenn, Lessee shall use the proceeds from any such policy or policies of insurance for the repair or replacement of the insured property. 17.1.3 Each insurance policy and certificate shall contain a provision indicating that it cannot be modified, amended, canceled or non-renewed without at least thirty (30) days advance written notice to the Lessor. 17.2 Lessor's Insurance. During the Tenn of this Lease, Lessor shall obtain and keep in full force and effect, the following insurance. The insurance required to be carried by Lessor under this Section shall be referred to herein as "Lessor's Insurance." Lessee shall be named as additional insured under Lessor's policies and, upon Lessee's request, Lessor will provide Lessee with a copy of the certificate and premium bill evidencing-Lessor's insurance. 17.2.1 Liability Insurance. Bodily injury, personal injury and property damage insurance (to include without limitation contractual liability covering Lessor's indemnity obligations under Section 17.5) insuring against claims of bodily injury or death, personal injury or property damage arising out of or in connection with Lessor's activities upon, in iManage:214550_1 9 or about the Premises and Building with an each occurrence limit of not less than One Million Dollars ($1,000,000.00) and a general aggregate limit of not less than One Million Dollars ($1,000,000.00). 17.2.2 Property Insurance. Special form commercial property insurance insuring the ,Building (excluding any property which Lessee is obligated to insure under Section 17.1.2), for the amount of the full replacement of its value as such value may exist from time to time. . 17.2.3 Lessor's Right to Self Insure. Notwithstanding the foregoing,'Lessor shall have the right, at its sole election, to self insure, or be a member of an intergovernmental self-insurance pool, with respect to some or all of the required insurance coverage it is to provide. 17.3 Waiver of Subrogation. Neither Lessor nor Lessee shall be liable to the other or to~ any insurance coinp@y (by way of Subrogation or otherwise) insuring the other party for any loss or damag~ to any building, structure or other tangible propertY, or any resulting loss of income and: benefits, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees if any such loss or damage is covered by insurance benefitting the party suffering such loss or damage or was required to be covered by ins1Jl'ance pursuant to this Lease. Lessor and Lessee shall require their respective insurance companies to' include a standard waiver of Subrogation provision in their respective policies. 17.4 Indemnification by Lessee. Lessee shall defend, protect, indemnify, and hold Lessor and Lessor's agents, officers, directors, employees and contractors harmless against and from any and all injuries, costs, expenses, liabilities, losses, damages, injunctions, suits, actions, fmes, penalties, and demands of any kind or nature (including reasonable attorneys' fees) arising in connection with any and all third party claims arising directly or indirectly out of (a) injuries occurring within the Premises; (b) any intentional acts or negligence of Lessee or Lessee's agents, officers, employees, or contractors; (c) any breach or default in the performance of any obligation on Lessee's part to be performed under this Lease; or (d) the failure of any representation or warranty made by Lessee herein to be true when made. This indemnity does not include the intentional or negligent acts or omissions of Lessor or its agents, officers, contractors or employees. This indemnity shall survive termination of this Lease only as to claims arising out of events that occur prior to termination of this Lease. 17.5 Indemnification by Lessor. Lessor shall defend, protect, indemnify, and hold Lessee and Lessee's agents, officers, directors, employees and contractors harmless against and from any and all, injuries, costs, expenses, liabilities, losses, damages, injunctions, suits, actions, fmes, penalties, and demands of any kind or nature (including reasonable attorneys' fees) arising in connection with any and all third party claims arising out of any intentional acts or negligence of Lessor or Lessor's agents, officers, employees, or independent contractors. This indemnity does not include the intentional or negligent acts or omissions of Lessee or its agents, officers, contractors or employees. iManage:214550_1 10 This indemnity shall survive termination of this Lease only as to claims arising out of events that occur prior to termination of this Lease. 18. LESSOR'S REMEDIES. 18.1 If Lessee' shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied fot a period of thirty days, or-in case of the non-payment of the rent reserved h~reby, or any part thereof, or of the breach of any covenant in this Lease contained, Lessee's right to the possession of the Premises thereupon shall -terminate with or (to the extent permitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by Lessee shall constitute a forcible detainer of the Premises; and if the Lessor so elects, but not otherwise, and with or without notice of such election or any_notice or demand whatsoever, this Lease shall thereupon terminate, and upon the termination or Lessee's right of possession, as aforesaid, whether this Lease be terminated or not, Lessee agrees to surrender possession of the Premises immediately, without the ,receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever, and hereby grants to Lessor full and free license to enter into and upon the Premises or any part,thereof, to take posses'sion thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Lessee or any other person who may be occupying the Premises or any part thereof, and Lessor may use such force in and about expelling and removing Lessee and other persons as may reasonably be necessary, and Lessor may re-possess himself of the Premises as of his former estate, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Lease contained, to be performed by Lessee. Lessee hereby waives all notice of any election made by Lessor hereunder, demand for rent, notice to quit, demand for possession, and any and all notices and demand whatsoever, of any and every nature, which mayor shall be required by any statute of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the term of this Lease or any extension thereof. The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Lessee, or the giving or making of any notice or demand; whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of Lessor's rights to act without notice or demand or of any other right hereby given Lessor, or as an election not to proceed under the provisions of this Lease. 18.2 Lessee's Defaults. The occurrence of anyone or more of the following events shall constitute a default and breach ofthis Lease by Lessee: (a) Except as otherwise provided in this Lease, the failure by Lessee to make any payment of Base Rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of seven (7) business days after Lessor notifies Lessee in writing of such failure; iManage:214550_1 11 (b) The failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessee, other than the payment of sums due hereunder, where such failure shall continue for a period of ten (10) days after written notice thereof from Landlord to Tenant; provjded, however, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, then Lessee shall not be deemed to be - in default if Lessee comme~ces such cure within -such ten (lO) day period and thereafter diligently pursues such cure to completion; ( c) If Lessee -shall make an assignment for the benefit of creditors or file a petition in -any court.and- bankruptcy, reorganization, composition or make an application in any such proceeding for the appointment of a trustee or receiver for all or any portion of its property; - (d) If any petition shall be filed against Lessee in any bankruptcy, reorganization or insolvency proceedings, and such proceedings are not dismissed or vacated with.in-one hundred twenty (120) days after such petition is filed; or (e) If a receiver or trustee shall be appointed under state law for Lessee for all or any portion of the property of Lessee, and such receivership or trusteeship shall not be set aside within ninety (90) days after such appointment. 18.3 Remedies in Default. In the event of any such uncured default, Lessor may pursue the following remedies in addition to any other remedies available at law or in equity: (a) Lessor may terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall surrender possession of the Premises to Lessor within ten (10) days after written notice from Lessor to Lessee In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises. - Any damage or -loss of rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as such damages shall have been made easily ascertainable by successive relettings, or at Lessors' option in a single proceeding deferred until the expiration of the term of this Lease (in which event Lessee hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of such term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease. (b) Lessor may maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises. In such event, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease. iManage:214550_1 12 (c) Nothing contained herein shall prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease. In the event of a breach or anticipatory breach by Tenant of any of the covenants or provisions hereof, Lessor shall have the right of injunction and the right to invoke any remedy allowed by law or in equity as if reentry, summary proceedings and other remedies were not provided for herein. Lessee hereby expressly waives any 'and all rights of redemption granted by or under any present or future laws in the 'event of Lessee being evicted or dispossessed pursuant to the terms hereof, or in the event of Lessqr obtaining possession of the Premises by reason of Lessee's default of any of the covenants and conditions of this Lease, as set forth herein. 18.4 Cumulative Remedies. Except where otherwise expressly provided in this Lease, no remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity and all those specifically provided herein. 19. RIGHT TO RELET. If Lessee's right to the possession of the Premises shall be terminated in any way, the Premises, or any part thereof, may, but need not (except as provided by Illinois statute), be RELET by Lessor, for the account and benefit of Lessee, for such rent and upon such terms and to such person or persons and for such period or periods as may seem fit to the Lessor, but Lessor shall not be required to accept or receive any tenant offered by Lessee, nor to do any act whatsoever or exercise any diligence whatsoever, in or about the procuring of any care or diligence by Lessor in the reletting thereof; and if a sufficient sum shall not be received from such reletting to satisfy the rent hereby reserved, after paying the expenses of reletting and collection, including commissions to agents, and including also expenses of redecorating. Lessee agrees to pay and satisfy all deficiency; but the acceptance of a tenant by Lessor, in place of Lessee, shall not operate as a qancellation hereof, nor to release Lessee from the performance of any covenant, promise or agreement herein contained, and performance by any substituted tenant by the payment of rent, or otherwise, shall constitute only satisfaction pro tanto of the obligations of Lessee arising hereunder. 20. COSTS AND FEES. Upon demand of the non-defaulting party, the defaulting party shall pay all reasonable costs, charges and expenses, including reasonable fees of attorneys, agents and others retained by the non-defaulting party, incurred in enforcing any of the obligations under this Lease or in any litigation, negotiation or transaction in which the non-defaulting party shall become involved through or on account of this Lease. 21. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this Lease, to secure the payment of all moneys due under this Lease, which lien may be foreclosed in iManage:214550_1 13 equity at any time when money is overdue under this Lease; and the Lessor shall be entitled to name a receiver of said leasehold interest, to be appointed in any such foreclosure proceeding, who shall take possession of said premises and who may relet the same under the orders of the court appointing him. .. 22. REMOVAL OF OTHER LIENS. In event any lien upon Lessor's title results from any act or neglect of Lessee, and Lessee fails to remove said lien within ten days after Lessor's notice to do so, Lessor may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor in such behalf, including Lessor's costs, expenses and counsel tees. 23. REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the rent reserved hereby during the balance of the term hereof;-or during any extellsion hereof, sh;dl not be deemed to be waived, released or terminated by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Lessee's right to possession of the Premises. The Lessor may collect and receive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by virtue hereof. 24. NOTICES. Whenever a provision is made under this Lease or by law for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and served either personally or sent by United States mail, certified, postage prepaid, or by pre-paid nationally recognized overnight courier service, addressed at the addresses set forth below or at such address as either party may advise the other from time to time. To the Lessor at: Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 with a copy to: Klein, Thorpe and Jenkins, Ltd. 20 North Wacker Drive, Suite 1660 Chicago, Illinois 60606 (312) 984-6400 (Telephone) iManage:214550_1 14 (312) 984-6444 (Fax) To the Lessee at: GanderGroup, dba The BeanSpout 412 N. Forest Avenue Mount Prospect, IL 60056 25. GENERAL PROVISIONS. 25.1 Provisions typed on this Lease and all riders attached to this Lease and signed by Lessor and Lessee are hereby made a part of this Lease. 25.2 . Lessee shall keep and observe such reasonable rules and regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care of the building of which the Premises are a part. 25.3 All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. 25.4 The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. 25.5 The words "Lessor" and "Lessee" wherever used in this Lease shall be construed to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee, and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Lessor or Lessee herein, and the necessary grammatical changes shall be assumed in each case as though fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointly and severally and shall authorize the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of judgment against anyone or more of such Lessees, and shall authorize the performance of every other act in the name of and on behalf of anyone or more of such Lessees. 25.6 Estoppel Certificate. Lessee shall, no more than twice in any Lease Year and upon not less than thirty (30) days prior written notice from Lessor, execute, acknowledge and deliver to any prospective purchaser or mortgagee, or to Lessor on such party's behalf a statement in writing, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) stating the date to which the Base Rent and other charges are paid and the amount of any security deposit held by Lessor, if any; and (c) acknowledging that there are not, to the actual knowledge iManage:214550_1 15 of the person executing such certificate, any uncured defaults on the part of Lessor hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. 25.7 Authority. Each of the Lessor and Lessee hereby represents and warrants that this Lease has been duly authorized, executed and delivered by and on its behalf and constitutes such party's valid and binding agreement in accordance with the terms hereof. 25.8 Time of Essence. Time is of the essence to the parties executing this Lease. 25.9 Interpretation. Paragraph and Section headings are n.ot a part hereof and shall not be used to interpret the meaning of this Lease. This Lease :sh?ll be interpreted in accordance with the fair mean~g of its words and both parties certify they either have been or have had the opportunit)f!to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. 25.10 Incorporation 6fPrior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Lessor specifically acknowledges that Lessee's employees at the Premises do not have authority to modify the Lease or to waive Lessee's rights hereunder. 25.11 Waivers. No waiver by Lessor or Lessee of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Lessee or Lessor of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Lessor or Lessee by the person to whom notices are to be addressed. 25.12 Lessor's Access. Lessor and Lessor's agents shall have the right to enter the Premises upon twenty-four (24) hours prior written notice for the purpose of inspecting the same, showing the same to prospective purchasers or lenders, and making such alterations, repairs, improvements or additions to the Premises or to the Building as Lessor deems necessary or desirable. Notwithstanding the foregoing, in the event of an emergency requiring Lessor's entry into the Premises, LessQr may give Lessee shorter notice in any manner that is practicable under the circumstances. Lessor may, at any time, place on or about the Premises an ordinary "For Sale" sign, and Landlord may at iManage:214550_1 16 r any time during the last ninety (90) days of the Term, place on or about the Premises an ordinary "For Lease" sign. 25.13 Only Lessor/Lessee Relationship. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venturer or any association between Lessor and Lessee. Lessor and Lessee expressly agree that neither the method of computatipn of rent nor any act of the parties hereto shall be deemed to create any relationship between Lessor and Lessee other than the relationship of Lessor and Lessee. 25.14 Brokers. Lessor and Lessee each represent to the other that they have. not dealt, directly or indirectly, in connection with the leasing of the Premises, with any other broker or person entitled to claim a commission or leasing fees. In no event may this Lease be construed to create any express or implied obligation on the part of Tenant . to perform this Lease. on behalf of any broker (or any person claiming a commission or le~sing-fee) ascprimary obligee or as a third party beneficiary. Lessor and Lessee each shall indemnify and hold each other harmless from any loss, liability, damage, or expense (including without limitation reasonable attorneys' fees) arising from any claim for a commission or leasing fee arising out this transaction made by any unidentified broker or other person with whom such party has dealt. 26. SEVERABILITY. If any clause, phrase, provision or portion of this Lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. iManage:214550_1 17 WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. Please print or type names below sign,ature(s). LESSEE: LESSOR: (SEAL) (SEAL) ATTEST: ATTEST: (SEAL) (SEAL) Its Clerk State of Illinois, County of SS. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that _he signed, sealed and delivered the said instrument as free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of right of homestead. GNEN under my hand and official seal this 20_. day of Commission expIres , 20 Notary Public iManage:214550_1 18 RESPONSE TO REQUEST FOR PROPOSAL FOR RETAIL SERVICE MANAGER DOWNTOWN TRAIN STATION MT. PROSPECT, IL Submitted by: . The GanderGroup, a Limited Liability Corporation Dba The BeanSpout i . I GanderGroup, dba The BeanSpout 412 N Forest Ave · Mt. Prospect, Il 60056 312-498"7169. E-mail: Guanzon@>msn.com November: 6, 2009 . William ~. Cooney, Jr., AICP Director Pf Community Development ,. Village of Mt. Prospect 50 South' Emerson Street Mount Prospect, IL 60056 Re: Res~onse to Request for Proposal- Downtown Train Statiol1 Retail Service Manager Dear Mr., Cooney, t. I hereby submit my proposal for the Retail Service Manager. for the Mt. Prospect train station stop. . Bid for rent Der month: $400 (allowing for other recurring. expenses such as utilities, ete.; the size of the spa~ as well as the expected few hours of maximum commuter traffic but we will be open until at least 7pm.) This also takes into consideration expenses of Improvements inside the establishment. I would ~sk the village for a free rent period for 60 days from 1st day of opening. Financial. statementsl Droiections: It would help a bit If I was privileged to see the history of the past tenant. However, here is my best estimate: · Improvements: $3,000 to $5,000 · I~ltial supplies and inventory: $5,000 . Utilities: unknown · Projected gross Income (first year): $2,500 per month - based on maximum no. of customers number of hours at 4 hours per day - 5 days per week. Timeline:: · Licensing and permits: within 2 weeks of bid award · Improvements and setup: 2 weeks · Target Opening Date: January 6th, 2010 I realize t~is is really a small revenue for a retail business however, it is small enough to manage and with veri little risk. I am confident that over time, as we continue to monitor and review our service delivery, ~ could significantly change - especially as we stay on track of our goal in customer comm~ent. The BeanSpout Proposal J ~ Attached to this cover letter are supporting documents that address the other requirements of the RFP. · ~roposal outlining our operating plan . · Proposed Layout of the subject space - Attachment A · ~Ianned inventory of products to be sold - Attachment 8 · ~io' 5 of Prindpals - Attachment 0 · References Page-Attachment E Again, I am taking into consideration that there is room for negotiations once the bid is awarded. Meanwhile, I have ev~,,:ything I need to move forward once I get your approval. This includes personnel coverage, inventory, suppliers, contractor, Ifcensing and legal business permits, signage, and flyers to announce our opening. I tried to: be as comprehensive as I can given the short turnaround time sInce I found out last Thursday of this opportunity. So, If you need any additional information or have any questions, feel free to contact me at (312) 498,.7169 or via email at:guanzon@msn.com Thank you for your time in reviewing my application and look forward to a favorable response. Sincerely, Lilia Guanzon The BeanSpout Proposal Vision A convenience store that provides products and services to the Metra commuters with a variety of product/serviCe offerings. Natur~. of Business A mini ~nvenience store and cafe serving prepared light food items, hot and cold ~verages, sundry items an~ other supplemental services tailored for the commuter. Business Name The Appl~cant. will be, doing business as "The BeanSpout". , Products and Services.(see list attached) , . '!# · F,ood and Beverage is the primarv product of the cafe serving hot and cold beverages. The ~aple drinks would include coffee, tea, hot chocolate and fruit juice. Food items such as muffins, and other baked goods would also be included. · \{arious Sundry items provide a convenience to commuters who find themselve;s needing simple necessities and last minute-items · ~ minimal inventory of gift items such as greeting cards, gift bags, even flowers may also be part cjf our inventory. · ~ewspapers and magazines (including The Tribune, USA Today and Wall Street Journal) as well a:s other appropriate reading materials for the general public may also be included. Other Services . I~temet access (subject to service availability in the building) · Small scale copying and document printing from computer Complimentary Services We will ~ offering umbrellas for use to the commuters who are caught in inclement weather (based on availabUiw). This service will require a small deposit which will be returned to the customer when the umbrella)s brought back. Free Internet access will also be available for customers on a short term basis (less than 15 minutes). This is ba~d upon the availability of cable/internet service to the location~ We will i~stall a small flat screen TV for short entertainment for customers who are in the viewing area. This is al~ based upon the availability of cable/internet service to the location. The BeanSpout Proposal " Days and Hours of Operation and Commuter Access The BeaoSpout will be open 7 days a week as follows: · lVIonday thru Friday: 5:00 a.m. to 7:00 p.m. (subject to re-evaluation) · Sat~rdays and S~ndays: 7:00 a.m. to 10:00 a.m. (subject to re-evaluation) · Commuters will be able to reach us via phone, e-mail or through,our website during normal business hours if necessary. I have registered the name Www.!:>eanspout.com for this purpose ~nd will be developed .as we go through the application process. Health, Sanitation and Safety · Sanitary hand gels will be available for customer use and wiff be required when ~andllng/selecting fresh food Items such as fruits. · A supply of disposal gloves will be available and will be used when handling any unwrapped food items such as breads, pastries, fruits as well as during food preparation. ." Custol)ial Services' · 4side from ensuring the premises will be kept tidy and clean during business hours, premises will be cleaned every night at closing time to include emptying of trash receptacle, mopping the floors, washing any kitchen equipment and supplies, securing all food items to prevent any pest infestation. Planned Improvements (see attached drawing) · Painting the interior (1) · Remove the existing wood counter facing the east side, looking out to the patio (2) · Remove/replace the existing front tile counter to be able to install shelves below the countertop that would display other items for sale (3) · I~stall a Small rree- standing shelf unit centered in the vacant floor space to house various items for safe (4) · I~stall cable and internet service (S) · Remove/relocate the row of news vending machines just outside the premises (6) Customer Commitment Our customer commitment is to ensure that commuters have access to consist~nt and friendly s~rvice as well as selected items that are needed on a last-minute basis. The following also o;utlines some of the measures we will be implementing: . · Availabilitv - We will ensure that our hours of operation, means to contact us and other pertinent signage regarding our operations are clearly visible at all" times. The BeanSpout Proposal . Service Qualitv ~ We will from time to time, survey our customers to get their opinion on current products and services we offer as part of our ongoing efforts towards customer commitment. Our Green Initiative The BeailSpout pledges to support the Green Initiative by being conscientious about using environmentally friendly materials at our establishment where\(er possible and practical. This would include Qur lighting, using energy efficient appliances where applicable, selecting sustainable sources such as ~ctable items a~ of course, promoting recycling. - ~,. Mark~ting and Promotions . Marketina and Promotions - We wilt take advantage of community announcements and ,(selected) 8dvertlsinlJ t~ ensure our customers are up-to-date on our current products, services, improvementS, and special offers when applicable. . l.ovaltv - We will create a loyalty program that purchasers may earn free drinks or other items that are part of our store offerings to promote and encourage customer loyalty. Village Access The Village of Mt. Prospect is invited to view, review and audit the financial records that relate to this location ~t any time upon request. Laws, Rules and Regulations The applicant will abide by all the applicable codes, rules, regulations, permits and all matters required by law re,lating to the operation of the subject business. Insurance and Indemnity The Applicant will obtain and keep in full force and effect, a blanket insurance policy with required minimu~ coverage as stated in the RFP conditions and will furnish The Village receipts and proof of coverage: on demand. The Appl~cant will also submit Waiver of Subrogation and Indemnifications as required by the RFP. Ail these to be submitted when awarded the bid. The BeanSpout Proposal ;, What :Makes Us Different? 1. As a small business, our primary focus is this establishment, working only to improve'thls ~ocation in terms of expanding product and service offerings. 2. The pri~cipal is a homeowner, taxpayer and resident of Mt~ Prospect, and five approximately 1 ~i1e from Mt. Prospect Metra station. This means quick and easy access any time of the day or ~Ight; an extra measure to ensure service availability as well as safety and security to the Ipcation. 3. This location will be staffed, primarily by the owners and staff that have a vested interest in the business. Therefore, all will make an exceptional effort to ensure we deliver. 4. Education and professional backgrounds as well as the length of experience in many facets of the service 'industry assures a better success rate of the business thereby providing ~ninterruDted and consistent service that commute~ can rely on evert day. 5. While providing the products and services to commuters, we are' 'alSo supporting other local businesses within Mt!. ~rospect that supply our products; 6. ~eanSpout will serve as a type of convenience store '(and~ then- somell, carrying not only qUick food items and beverages but a variety of products that commuters need and will find available s.uch as newspapers, magazines, candy and gift items. To top that, we will also make available, emergency document printing from PC as well as small scale copying should our customers find themselves in need of this service. All products and service are tlfamily-friendfy.n , !KlII: There will be no lIadult only" products or content in our establishment. .../ The BeanSpout Proposal Q . .., ~. '2 :s ~ ~ ~",,\ - i "~~' ~ iii -t< ..""~ ~"'" ~ - ~ ~ ~ ~ ," ~ ~ ~, . ~~.' Su.ndries ~::-",~ . Display". {~~'-'S. . ~ . " 0"'-' ."'" ' "'" , "- , ~ "","",;,""","",' ~ " '\ jf " ~l ~ _ ~ x ~ ~ ~ ~ . ,~'f' I'''',' ~ ~! ~ ~l> " ~,:--.: "'''\:: ,.,' ~ ~. B;- _ " "'-0", ;-;:" ~ :"0: 0-" ;-;: "" ~' ~ ,~,' """"",,,- ." " ~' ~ ~~~. " ~~ ;: :-- :\' """"""'" ,,~ ~.... "'~ ~ ,,,-,, ,,"~ ~ ~ ~~" I ~:'\."", ~ ~ ~ ~~ s:e~::> ~ ~ . "'v € ~ Prod~cts and Services Considered ~ Attachment B These may be modified from time to time based on customer demand. Fresh : Yogurt : Fresh f~its COLD BEVERAGES: Sodas : Water ! Energy drinks Bottled Juices Packaged soups SUNDRY ITEMS Batteries Pens lip balm Tissues Band aids Hand sanitizers HOT BE;VERAGES Coffee : Tea Hot choColate (winter) . . NEWSPAPERS AND MAGAZINES GIFT ITEMS Greeting cards Blank note cards Gift bags PASTRI.ES Variety : CANDIES AND SNACKS Mints : Hard ca~dies Chocola~es Cough ~rops The 8eanSpoIJt GanjderGroup - AttachmentC Statement of Assets Registry of Domain Names Kaholo.com DVD Production $25,000 $25,000 $2,200 $2,800 Mini Van MAC Computer and other technical equipment/supplies Liabilities This company has no liabilities at this time. Operating Expenses Quarterly hosting fee $53 Proposal for The BeanSpout , Bio's of Principals - Attachment D Lilla Guanzon 412 N. Forest Avenue. Mt. Prospect, IL60056 Phon~:' +13124987169 E-Mail: Guanzon<B2msn.com Lilia is currently an Account Sales Manager at American Airlines and has served in this capacity for three years. H~r responsibilities include working with the various associations headquartered in the Chicago area, maintaining and growing revenue share with these customerS. Outside cpf Lilia's.professional environment. she is the owner of a we.b hosting business that offers training, web dev~opment and web hosting. Her technology profictencies Include: · Small Business Management and Consulting . Advanced level in MS Office suite products . MAC leopard 10.5 . PC Hardware and Software Troubleshooting · Multi Media Production and Editing . Web DeslgnJWeb Hosting · Instructional Design · Language Skills Her othe~ work experience includes being a flight attendant for United Airlines. working domestic and international routes. Between 1997 and 2006. she focused on her own consulting business and served several medium sized businesses both in the U.S. as well as Asia Pacific. She has ~Iso owned her own retaiVres~urant facility in San Diego. California in the late 80's. Lilla has over 15 years of experience in direct customer service. She hold~ a Bachelors Degree in Business Administration and belongs to the following professional organiza~ons: . . American Society for Training and Development (ASTD) · Women in Technology International (WITI) · N:ational Association of Women Business Owners (NAWBO) t Lulu Bonaventure , 5520!W. Donges Bay Road MeqQon, WI 53092 I .":. lulu is ~rrently a consultant in the food a~ hospitality industry in Asia-PacifIC. Her experience in retail, food and ihospitality spans a period of 20 years in this field. Her list of clients includes some top fast food establlsh~ents in Asia like KFC, Ramada Inns, and major hotel chains to name a few. . In 2006, she opened a convenient store in Winnipeg, Canada. Lulu posSesseS highly developed 'management, organizational and leadership skills, exceltent communif:ations and a people person. She is highly driven and motivatecfto accompDsh all her goals. lulu hold~ a Bachelors of Science in Foods and Nutrition. She win $rve as my consultant and advisor to this enterprise. , " . i' Michael Lacson 1 Haden Street Mt. Prospect, It 60056 Michael is currently a student at Harper. He will soon be graduating with a certificate in Baking and po~ a sanitation certificate. . He is CUrrently a Short order cook at Jake's Pjzza here in Mt Prospect and has been there since Septem~r of 2005. Michael'~ experience, training and passion for cooking and customer service will be a great addition to our team~ He will act as the Managing Supervisor. . '" .. CD ..0 ~ " l"- N E S S II) U) :J- ~ en U) Z N co ~ I ~ ~ en CD N i II) l"- e II) !:::. -- N II) N ;:::- -. -......... 0 l"- e I"- .c 9"4 ~ ~ .. ! ~ ~ - a ::! ti' ::! 8- .,.' ::! ~ u ..;- ::! cu u c.. 0. Q) en Q. ~ ....l .....: en' e II) ~ Q) 0 g; ;:: 11. .... ...... 11. = ~ IV .... B 6 ::E .... Q,) is :x: ::E e +" .... a.i Q)' ID II) ~ ~ fi .J' :J N ~ 1;; I: .!2 ..c I/) Q) cu a.. t:: 'fio ~ ~ ~ :: .u 0 III .f Ql .... z ! IV N I: ~ u.i 3i :Z a: I "0 Q) R U) ~ := I"- .... Z CI) l"- N .. N Q,) V :I ,Q,) .. - I I- ~ Q) ~E ~ e 0 .- - t; en e Q)8 :J 0 ~- ~ ;:; -at:: Q) CllI I: lV -a a. Go IV~ &i 0 Q) Q) .... u u :J ~ .~ 11. I: e S :E 0 Q) Q) IV "0 ... ... ~ I: "0 ~ .$! Q) lV. c: Ql ~ "a ....s;:. IV ...;- a: a: o u C I- l- e c: jij jij CllI o Ql cu Ql 'u I: I: CD t;~ "0 0 0 ;:; f Ql i- ':6 ~ f! i= .- .c: ... CII a.... a.. 0.. Q. Q. "ii c: - IV cu en 0.. ;g I: <II IS) ... ~ ~ :> .... I: "ii III ~ Ql IV C Ql 0. Z c: ..c ~ 0 "0 0 CD I/) "0 8 c: u E b I: IV .!!l -.:: lV ~ E :0 ftJ ~ ..: cu {!. Ql Z a 0 u RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND GANDERGROUP, d/b/a (THE BEANSPOUT) 11 EAST NORTHWEST HIGHWAY WHEREAS, the Village of Mount Prospect, a home rule municipality, is the owner of a train station building located at 11 East Northwest Highway; and WHEREAS, the Village of Mount Prospect is desirous of entering into a Lease Agreement with Gandergroup, d/b/a, The Beanspout, to lease approximately 500 square feet of vendor space in the train station building, commonly known as the Mount Prospect Downtown Metra Station located at 11 East Northwest Highway; and WHEREAS, such agreement will provide for the operation of a retail food establishment in the Mount Prospect Downtown Metra Station that will benefit the citizens of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize execution of a Lease Agreement between Gandergroup, d/b/a, The Beanspout and the Village of Mount Prospect for the purpose of permitting a retail restaurant to be located within the Mount Prospect Downtown Metra Station located at 11 East Northwest Highway, and said Lease shall be for a period of twelve (12) months, a copy of which is attached and made a part of this Resolution as Exhibit "A." SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March, 2010 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\ WI N\RESOLUTION\Lease agrmt, trainstationbeanspoutmarch20 10. doc c