Loading...
HomeMy WebLinkAbout56-0714 Spiess Co. 56- CIA IN DUPLICATE THIS INDENTURE, made this /tet-'day of July, 1956 between RALPH W. CROCKER and MARIE I{, 7SROCKRR, his wife, ALICE CROCKER, a spinster, and EMERSON CROCKER, a bachelor, hereinafter designated as "Lessors, " and JOSEPH C. SPIESS COMPANY, an Illinois corporation, hereinafter designated as "Lessee, " WITNESSETH That Lessors for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by said Lessee, its successors and assigns, have demised and leased to said Lessee the following described premises situate, lying and being in the City of Elgin, County of Kane and State of Illinois, to wit: The Northerly Twenty-two (22) feet of that part of Lot Fourteen (14) lying Easterly of the Easterly line of Riverside Avenue in Block Twenty-one (21) Original Town of Elgin, reserving, however, unto the Lessors the exclusive use of a passageway of a width of 6 feet extending East from Riverside Avenue approximately 77* feet along the North line and connecting with the existing exit doors of the adjoining Croaker Theater Building, and with sufficient overhead area as shall be necessary to permit the same to be used as a safe and practical fire escape passageway from said theater building. The premises hereby leased do not include any part of the existing South wall of the Crocker Theater Building. TO WS AND TO HOLD the above described premises, with the appurtenances, unto said Lessee, its successors and assigns, frim the 1st day of August, 1956 until the 31st day of July, 1991, for the purpose of automobile parking or for retail stores. 1. And the Lessee, in consideration of the leasing of the provisos aforesaid, by said Lessors to said Lessee, does covenant and agree with said Lessors, their heirs, executors, administrators, and assigns, to pay to said RALPH W. CR©CKER, ALICE CROCKER and EMERSON CROCKER as rent for said demised premises, at #1 Tanglewood Lane in Elgin, Illinois, the sum of Sixty-three Thousand ( 63,a o.Oo) Dollars, payable at the rate of One Hundred Fifty Dollars (f150.O0) Aach month in advance, by separate checks of equal amounts, mailed to them at #1 Tanglewood Lane, Elgin, Illinois, 2. Possession shall be accepted by Lessee subject to an existing month to month lease with Gus Cacava. 3. 1956 taxes and rents and 1991 taxes and installments of special assessments due in 1991 shall be pro rated as of Aug- ust 1, 1956 and as of August 1, 1991 respectively. 4. Lessee may remove from the premises the building now standing thereon. It may also, if it so desires, construct a new building or buildings thereon. If required by any lawful public authority, Lessors shall give their express written consent for the erection of any such new building or buildings. Lessee agrees to pay all costs, expenses and liabilities in any way oonnected with or growing out of the construction or maintenance of new improvements on said premises and the building constructed thereon shall be kept at all times free from the liens of mechanics and material man. 5. Any such new building or improvements may be built and constructed in such a manner as to be joined to or used in con- junction or connection with any of the adjoining building or structures of the Lessee or so as to be part of the same and constitute with such adjoining building one entire building or structure. Lessee agrees that in the event of the erection of such new building or improvements, that within thirty (30) days from the expiration of 00' Alt the lease, and at the written request of Lessors made not less than six (6) months prior to the expiration of the lease, it will sever along Lessors' Southerly line any transverse floors, girders or supports and will construct along said Southerly line and upon the Lessors' premises, foundations and supporting columns, or other structural members, which shall be of sufficient strength and shall be so placed as to be adequate to support the floors and walls of proper strength and of dimensions in compliance with the standards of the City of Elgin to the end that by the Lessors' constructing such walls, the portion of the building upon the premises may be completely enclosed and the building upon premises leased hereby may be converted into a separate building standing wholly upon premises demised hereby without attachment to or support from Lessee's adjoining structure. 6. Lessee shall also during the entire term of this lease and during the period of alterations referred to in paragraph 5 above carry public liability insurance in an amount not less than reasonably necessary for the protection of the Lessors as landlords in such companies and in such manner as shall be approved by the Lessors. 7. Lessee shall provide and maintain in a safe condition the sidewalks and streets serving the premises. 8. In the event Lessee shall construct a new building or buildings which adjoin the theater building of the Lessors, such new building or buildings shall provide for and permit the discharge of water from the theater roof drain pipes at the Southwest corner of the theater building. 9. Lessee agrees that no garage car entrance door shall be constructed in South Grove Avenue within ten (10) feet of the Croaker Theater building without the written consent of the Lessors. 10. Lessee covenants and agrees to pay or cause to be paid all water rates, general taxes, and assessments that may be charged or assessed on said demised premises, pending the existence of this lease, provided, however, that Lessee shall not be obligated to pay any individual, income, estate, or inheritance taxes or charges, levied or assessed against any of the Lessors or their estates or legal representatives or heirs, because of the rent reserved in this lease, or by reason of the descent or transfer or the fee simple title of said premises so owned by Lessors. Lessee shall at all times have the right to contest in good faith in any proper proceedings either in its own name or in the names of Lessors or both, if necessary, the levy, assessment, or payment of any such water rates, taxes and assessments, which under the terms hereof it is obligated to pay, provided Lessee shall in any such case protect and save harmless Lessors from all costs, loss or damages resulting from such proceedings. After the institution of any such proceeding or proceedings Lessors shall have no right to pay any such water rate, taxes or assessments, fees or charges which are the subject of contest in such proceeding or proceedings until such times as such rate, tax, assessments, fee or charge shall by such proceeding have been fully and finally decided and determined to be valid and legal. If at any time after any such tax, assessment, or water rate shall have become finally due and payable, as afore- said, Lessee shall neglect to pay the same, it may be lawful for Lessors to pay the same at any time thereafter, and the amount of any and all such payments so made by Lessors shall be deemed and taken, and are hereby declared to be so much additional and further rent., collectible in same manner as provided ere or o r ren . 11. Lessee shall have the right from time to time to assign this lease, or sub-let the leased premises in whole or in part, provided that the use or uses of said premises by any such assignee or sub-tenant shall be only for those specified in this lease, the Lessee hereunder, however, to remain liable for the rent and performance of its covenants and agreements in this lease speci- fied. -2- r . 12. Lessee shall allow Lessors, or any of them, their agents or any other person thereto authorized by Lessors or any of them, free access to said premises at reasonable times for the purpose of examining the same and to exhibit the same to prospective purchasers and to prospective tenants in the place of Lessee. 13. And Lessee further covenants with Lessors that it will keep said demised premises in a clean and wholesome condi- tion, in accordance with the ordinances of the city, and directions of the Health Officers, and that, at the expiration of the time in this lease mentioned, it will yield up said premises to Lessors in as good condition as when the same were entered upon by Lessee, loss by fire, or inevitable accident, and ordinary wear excepted, and that neither it nor its legal representatives will use or suffer to be used said premises for any purpose calculated to injure the reputation of the premises, or of the neighborhood, or to impair the value of the surrounding neighborhood property for present use or otherwise. 14. Lessee further agrees. not to remove any buildings or other improvements from said demised premises, in the event Lessee shall have constructed any upon said premises, without the written consent of Lessors, and that Lessee will pay and .discharge all costs and expenses, including reasonable attorneys ' fees, that shall arise from enforcing the covenants of this indenture by Lessors. 15. If Lessee defaults in the payment of the rent for ten days, after receiving written notice from Lessors, or if Lessee defaults in any of the other terms, covenants and conditions of this lease for thirty days after receipt of written notice of such default from Lessors, Lessors shall then, but not until then, have the right to sue for rent or damages and to terminate this lease and re-enter said premises, but if Lessee shall pay said rent within said ten days, or in good faith commence within thirty days to correct such other default, and diligently proceed therewith, Lessors shall not have the right to sue or to forfeit this lease or to evict Lessee from said premises, except that for default of the Lessee under paragraph #5 hereof in failing to make the altera- tions in any building or buildings that may have been erected by it, within the time specified after the expiration of this lease, suit may b e brought without such notice or thirty-day delay, If Lessee shall default in the payment of the rent herein reserved or any installment thereof after receipt of notice, as herein set forth, or in any of the other covenants and agreements herein contained to be kept by Lessee, after receipt of notice to correct such other default and Lessee's failure to diligently proceed with correction thereof, all as herein specified, it shall be lawful for Lessors, their heirs, executors, administrators, agents, attorneys or assigns, at their election, to declare said term ended and to re-enter said demised premises, or any part thereof, either with or without process of law, and to expel and remove Lessee or any person or persons occupying said premises, using such force as may be nec- essary in so doing, and said premises again to repossess and enjoy, and to distrain for any rent that may be due thereon upon any pro- perty upon said premises belonging to Lessee, whether the same be exempt from execution and distress by law or not; and Lessee in that case hereby waives all legal rights which it now has or may have to hold or retain any such property under any exemption laws now in force in this State or in any other way. 16. If at any time during the term of this lease Lessors (or the owners of the fee simple title thereto at the time) shall collectively desire to sell the said premises and property, the Lessee shall, if it is not then in default, and subject to the provisions of this paragraph, have the exclusive option for the period of ten (10) days of purchasing said premises and property at the price and upon the terms and conditions specified by Lessors or their assigns. Written notice of such desire to sell and of such price, terms and conditions, shall be given by the Lessors, or their assigns, to, Lessee, and Lessee shall in writing within ten (10) days, accept or 'reject the same. If Lessee fails to accept such -3- offer within said ten (10) days, then Lessors, or their assigns, shall be at liberty to offer said premises and property for sale, and to sell the same to anyone else at the same price and on sub- stantially like terms. In the event Lessors shall thereafter elect to offer said premises for sale at a lesser price, or upon sub- stantially other terms and conditions less favorable to the sellers than those first offered to Lessee, a new written offer of the same from Lessors or their assigns to the Lessee at the new price or other terms shall be required, and in such case the Lessee shall have the option, as aforesaid, for a period of ten (10) days of accepting or rejecting in writing the same. 17. It is further understood and agreed that the conditions and covenants contained in this lease shall be binding upon the heirs, executors, administrators and assigns of the parties of these presents respectively. IN WITNESS WHEREOF the said parties have hereunto et their hands and seals the da, - •d year fir . t above itten MP JOSEPH C . SPIESS COMPANY, ,t1,it 6 A♦ ' ) an llino s corporation . By 4 '=j= - l/k mak.( rI. AEAL) is • es •en ) tests �S/ ! SEAL) I a :s sore art ,I 0,6 ISEAL)