HomeMy WebLinkAboutG53-21 Ordinance No. G53-21
AN ORDINANCE
AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH
STRATEGIC EXCEPTIONS PROFESSIONAL CONSULTING, INC. FOR OPERATIONS AT
31 S. GROVE AVENUE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Richard G. Kozal,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized
and directed to execute a Commercial Lease Agreement on behalf of the City of Elgin with Strategic
Exceptions Professional Consulting,Inc.,for operations at 31 S. Grove Avenue,a copy of which is
attached hereto and made a part hereof by reference.
David J. Kapta , M or
Presented: October 13, 2021
Passed: October 13, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 13, 2021
Published: October 15, 2021 �' '
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Kimberly Dewis, Clerk ::
10/8/2021
COMMERCIAL LEASE AGREEMENT
THIS LEASE(hereinafter referred to as the "Lease")is made and entered into as of the 13th day
of October,2021, by and between the City of Elgin, an Illinois municipal corporation(hereinafter
referred to as the "Lessor"), and Strategic Exceptions Professional Consulting, Inc., an Illinois
corporation(hereinafter referred to as"Lessee"),and constitutes a Lease between the parties of the
Premises as identified in the Basic Lease Provisions below, on the terms and conditions and with
and subject to the covenants and agreements of the parties hereinafter set forth.
WITNESSETH:
1. Basic Lease Provisions
The following are certain lease provisions which are part of, and, in certain instances, referred to,
in subsequent provisions of this Lease:
Term of Lease: Beginning October 15, 2021 and ending October 31, 2026,
unless otherwise terminated as provided herein (the "Initial
Term"). This Lease shall be automatically renewed for
successive one-year terms thereafter(each a Renewal Term)
unless either party provides the other party with not less than
sixty (60) days prior written notice prior to the end of the
Initial Term or the Renewal Term of its intention not to
renew the Lease.
Lessor's Name and Address: City of Elgin
150 Dexter Court, Elgin, Illinois 60120-5555
Lessee's Name and Address: Strategic Exceptions Professional Consulting, Inc.,
c/o Terrie Simmons, President
712 S. River Street,Aurora, Illinois 60563
Building: 31 South Grove Avenue, Elgin, Illinois
Premises to be Leased
within Building: Those portions of the first floor of the Building depicted as
"S.E.P.C. area" on the attached plans for the first floor and
basement levels of the Building prepared by BERNA
Architects and Design, dated September 9, 2021, consisting
of two (2) pages, attached hereto and made a part hereof as
Exhibit A.
Rent: None.
Permitted Use: General office purposes on the first floor area in conjunction
with Lessee's minority business development agency.
Common Areas: The common areas on the first floor and in the basement
level of the building are those areas depicted as"COMMON
area" ("Common Areas") in Exhibit A attached hereto. The
Lessee's use of the Common Areas is non-exclusive to be
shared with other lessees of the Building and the City.
Lessee's use of the Common Areas is limited to ingress and
egress through such areas and accessory uses to Lessee's
Permitted Use for limited time periods. Lessee's use of the
Common Areas is subject to Lessor's reasonable regulations.
Lessee shall schedule and coordinate the use of the Common
Areas with the other lessees occupying the Building.
Lessee's use of the Common Areas shall not unreasonably
interfere with the use of other lessee areas or the Common
Areas by other lessees of the Building or the City.
Security Deposit: None.
2. Grant
Premises. Lessor is leasing the area depicted on Exhibit A to this Lease within the commercial
office building commonly known as 31 South Grove Avenue, Elgin, Illinois (hereinafter referred
to as the "Premises")to Lessee in consideration of the rent to be paid and the covenants to be
performed by Lessee.
3. Rent
Lessee will not be required to pay to the Lessor any monetary rent under the terms of this Lease.
4. Conduct of Business by Lessee
Use of Premises. Lessee shall use and occupy the Premises during the continuance of this Lease
solely for the Permitted Use set forth in the Basic Lease Provisions, and for no other purpose or
purposes without the prior written consent of Lessor. If any governmental license or permit shall
be required for the proper and lawful conduct of Lessee's business or other activity carried on in
the Premises or if a failure to procure such a license or permit might or would, in any way, affect
Lessor or the Premises, then Lessee, at Lessee's expense, shall procure and maintain such license
or permit. Lessee shall promptly comply with all laws and ordinances and lawful orders and
regulations affecting the Premises and the cleanliness safety,occupancy, and use of same. Lessee
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agrees that it will conduct its business in the Premises in a lawful manner and in good faith. Lessee
shall not cause or permit the use, generation, storage, or disposal in, on, or about the Leased
Premises or the Premises of any substances, materials, or wastes subject to regulation under any
Federal, state,or local laws from time to time in effect concerning hazardous,toxic,or radioactive
materials.
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Care of Premises. Lessee shall keepthe Premises (including the service areas adjacent to the
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Premises,windows, and signs)orderly, neat, safe, and clean.
5. Alterations; Lessee and Lessor Alterations
Lessee may make interior revisions to the Premises, subject to all applicable code regulations and
prior written approval of Lessor, which approval shall not be unreasonably withheld. All
alterations, decorations, additions, and improvements made by Lessee shall be deemed to have
attached to the leasehold and to have become the property of Lessor upon such attachment, and
upon expiration of this Lease, Lessee shall not remove any of such alterations, decorations,
additions,and improvements,except trade fixtures installed by Lessee may be removed if all rents
due herein are paid in full and Lessee is not otherwise in default hereunder. Prior to commencing
any renovation work approved by Lessor, Lessee shall procure certificates of insurance from all
contractors and subcontractors showing general liability and worker's compensation coverage and
naming Lessor as an additional insured. Lessee shall in any event be responsible for repairing any
damage caused to the Premises by virtue of any unauthorized alteration,addition, or improvement
installed by or on behalf of Lessee.
6. Signs
Lessee agrees not to use any advertising media without first receiving written approval from the
Lessor. All signage shall be professionally prepared and Lessee further agrees to maintain any
such sign, awning, canopy, decoration, lettering, advertising matter, or other thing, as may be
approved, in good condition and repair at all times.
7. Maintenance of Leased Premises
Lessor shall provide at its cost for the maintenance of the Premises. Notwithstanding the
foregoing, in the event any maintenance or repairs are necessary for any damage to the Premises
caused by an act of omission of the Lessee and/or its officers, employees, agents and/or invitees,
the costs to repair such damage shall be paid for by the Lessee. Additionally, Lessee shall at its
cost keep and maintain the Premises in a clean, sanitary and safe condition in accordance with all
applicable legal requirements. Lessee further agrees to comply with any and all requirements of
the insurance underwriters insuring the Premises.
Lessor also shall maintain the exterior of the Building as well as the Building's mechanical systems
and its exterior and interior common areas.
8. Insurance
As additional rent for the Premises, Lessee shall procure and maintain policies of insurance written
in occurrence form, at its own cost and expense, insuring:
A. Lessor and Lessee from all claims, demands or actions for injury to or death of any person
in an amount of not less than $1,000,000.00, for injury to or death of more than one person
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in any one occurrence and an umbrella liability policy in an amount of not less than
$1,000,000.00,and for damage to property in an amount of not less than$500,000.00 made
by, or on behalf of, any person or persons, firm or corporation arising from, related to or
connected with the Premises.
B. Lessee from all worker's compensation claims.
C. All contents, and Lessee's trade fixtures, machinery, equipment, furniture and furnishings
in the Premises to the extent of at least ninety percent(90%)of their replacement cost under
standard fire and extended coverage insurance, including, without limitation, vandalism
and malicious mischief.
D. The aforesaid insurance shall be in companies and in form, substance and amount (where
not stated above) satisfactory from time to time to Lessor. The aforesaid insurance shall
not be subject to cancellation except after at least thirty (30) days prior written notice to
Lessor. The original insurance policies (or certificate thereof satisfactory to Lessor)
together with satisfactory evidence of payment of the premiums thereon,shall be deposited
with Lessor at the beginning date of this Lease, and renewals thereof not less than thirty
(30) days prior to the end of the term of each such coverage. Lessee shall provide Lessor
with a Certificate of Insurance naming Lessor as an additional insured party indicating the
above coverage on an annual basis.
9. Covenant to Hold Harmless
To the fullest extent permitted by law, Lessee agrees to indemnify, defend and hold harmless
Lessor, its officers,employees,boards and commissions from and against any and all claims, suits
judgments,costs,attorney's fees,damages or other relief arising out of or resulting from or through
or alleged to arise out of any reckless or negligent acts or omissions of Lessee's officers,employees
or agents in the performance of this agreement. In the event of any action against the Lessor, its
officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify,
defend and hold harmless,such action shall be defended by legal counsel of the Lessor's choosing.
The provisions of this section shall survive any expiration and/or termination of this Lease.
10.Utility Charges
Lessee shall be responsible for and promptly pay to Lessor its proportionate share of all charges
for water,gas,heat,electricity,sewer,and any other utility used upon or furnished to the Premises,
provided, however, that Lessee shall be solely responsible for the provision and payment of
telephone services for the Premises. Lessee's proportionate share for such utilities shall be
determined based upon the square footage of the Premises leased to the Lessee compared to the
square footage of the Building.
11. No Assignment or Subletting
Lessee agrees not to assign or in any manner transfer this Lease or any estate or interest therein
without the prior consent of Lessor, and not to sublet the Premises or any part or parts thereof or
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allow anyone to come in with,through,or under it without like consent. It is understood and agreed
that Lessor's consent hereunder (and wherever else in this Lease required, unless specifically
provided to the contrary) may be arbitrarily withheld, notwithstanding any statutory or other
provisions of law to the contrary.
12.Waste and Nuisance
Lessee shall not commit or suffer to be committed any waste upon the Premises or any nuisance
or other act or thing which may disturb the quiet enjoyment of any other Lessee in the Building.
Lessee shall not use or permit to be used any medium that might constitute a nuisance, such as
loudspeakers, sound amplifiers, phonographs, radios, televisions, or any other sound producing
device which will carry sound outside the Premises.
13. Destruction of Leased Premises
In case the Premises shall be rendered untenable by fire, explosion or other casualty, Lessor may,
at its option,terminate this Lease or repair the Premises within sixty days. If Lessor does not repair
the Premises within said time, or the Building shall have been wholly destroyed, the term hereby
created by the Lease shall cease and terminate.
14. Eminent Domain
If the whole of the Premises hereby leased shall be taken by any public authority under the power
of eminent domain,or by deed in lieu thereof,then the term of this Lease shall cease as of the day
possession shall be taken by such public authority and the Rent and other charges due hereunder,
shall be paid up to that day with a proportionate refund by Lessor of such rent as may have been
paid in advance for a period subsequent to the date of the taking. If less than the whole of the
Premises shall be taken under eminent domain, Lessor shall have the right either to terminate this
Lease and declare same void, or require Lessee to continue in the possession of the remainder of
the Premises if such can reasonably be accomplished. Lessor shall notify Lessee in writing within
twenty (20) days after such taking of Lessor's intention. If the Lessee is to remain in possession,
all of the terms herein provided shall continue in effect. All damages awarded for such taking
under the power of eminent domain,whether for the whole or a part of the Premises, shall belong
to and be the property of Lessor whether such damages shall be awarded as compensation for
diminution in value to the leasehold or to the fee of the Premises. The Lessee may not pursue its
own claims for damages with the appropriate government authority.
15. Default of the Lessee
Definition of Event of Default. Each of the following shall be deemed an event of default: (i)
Lessee's failure to make payment of rent or other charges as provided in this Lease; (ii) Lessee's
failure to perform any of the covenants, teams, conditions, or provisions of this Lease; (iii) if a
petition is filed by or against Lessee for relief under the bankruptcy laws, or Lessee shall make an
assignment for the benefit of creditors,or if a receiver of any property of the Lessee be appointed
in any action, suit, or proceeding by or against Lessee, or if Lessee shall admit that it is insolvent,
or it is generally not paying its debts as such debts become due, or if the interest of Lessee in the
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premises shall be sold under execution or other legal process, or if Lessee shall abandon the
premises; (iv) Lessee vacates or abandons the premises; (v)this Lease or the Premises or any part
of the Premises are taken upon execution or by other process of law directed against Lessee,or are
taken upon or subject to any attachment at the instance of any creditor or claimant against Lessee,
and the attachment is not discharged or disposed of within fifteen (15) days after its levy; (vi)
Lessee is dissolved.Notwithstanding anything herein to the contrary, Lessee shall not be entitled
to more than one(1)notice for monetary defaults during any twelve(12)month period,and if after
such notice any rent is not paid when due, an event of default will be considered to have occurred
without further notice. Upon the occurrence of an event of default, Lessor shall have the right to
terminate the Lease and shall be entitled to possession of the Premises. Lessor may make its
election to terminate known to Lessee by delivery of a notice of termination. Such termination
shall be immediately effective and Lessor shall be entitled to forthwith commence an action in
summary proceedings to recover possession of the Premises, but such termination shall not
terminate Lessee's liabilities hereunder. Lessee waives all notice in connection with such
termination, including by way of illustration, but not limitation, notice of intent to terminate,
demand for possession or payment,and notice of re-entry.No receipt of money by the Lessor from
the Lessee after the termination of this Lease shall reinstate,continue,or extend the term,nor affect
or waive any notice given by the Lessor to the Lessee prior to such receipt of money.
Right to Re-Enter. If the event of default is for the nonpayment of rent, Lessor may, as an
alternative to terminating the Lease, serve a notice for possession or payment. Unless the rent,
additional rent, and any other amounts due under this Lease are paid in accordance with the
demand for possession or payment, Lessor shall be entitled to possession of the Premises and
Lessee shall have no further right to possession under the Lease, but Lessee shall not be relieved
of any of its liability hereunder. Lessee shall remain liable to Lessor for the payment of all rent
and other charges which Lessee has agreed to pay under this Lease throughout the remainder of
its term. Should Lessor elect to re-enter, as herein provided, it may from time to time, without
terminating this Lease, make such alterations and repairs as may be necessary in order to relet the
Premises, and relet said Premises or any part thereof for such term or terms (which may be for a
term extending beyond the term of this Lease) and at such rental or rentals and upon such other
terms and conditions as Lessor in its sole discretion may deem advisable. Notwithstanding
anything herein to the contrary, Lessor may, without demand or notice, re-enter and take
possession of the Premises or any part of the Premises,repossess the same,expel Lessee and those
claiming through or under Lessee, and remove the effects of both or either, using such force for
such purposes as may be necessary, without being liable for prosecution, without being deemed
guilty of any manner of trespass, and without prejudice to any remedies for arrears of amounts
payable under this Lease or as a result of any preceding breach of covenants or conditions.
Other Remedies. The Lessor's rights, remedies, and benefits provided by this Lease shall be
cumulative, and shall not be exclusive of any other rights, remedies and benefits allowed by law.
Estoppel.The parties agree that they shall rely solely upon the terms of this Lease to govern their
relationship. They further agree that reliance upon any representation,act, or omission outside the
terms of this Lease shall be deemed unreasonable, and shall not establish any rights or obligations
on the part of either party.
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Independent Covenant. Notwithstanding anything to the contrary, Lessee acknowledges and
agrees that its obligation to pay rent under this Lease is an independent covenant, and that such
obligation to pay rent is not subject to set-off or recoupment in connection with any action for
summary proceedings to recover possession of the Premises.
Lessee Remedies. If the Lessor violates or breaches any term of this Lease, and in the event the
Lessor fails to within thirty (30) days after notice thereof by the Lessee to comply with the
conditions of this Lease, Lessee as its sole and exclusive remedy may terminate this Lease.
Notwithstanding anything to the contrary in this Lease, no action shall be commenced by the
Lessee, any related persons or entities, and/or any of their successors and/or assigns against the
Lessor for monetary damages.
16. Bankruptcy or Insolvency
In the event that a trustee is appointed for Lessee or by Lessee as Debtor-in-Possession, Lessee is
liquidated or files a subsequent petition for reorganization or adjustment of debts under the
Bankruptcy Code,Lessee be adjudicated a bankrupt,insolvent,or placed in receivership,or should
any proceedings be instituted by or against the Lessee for bankruptcy, insolvency, receivership,
agreement of composition, or assignment for the benefit of creditors, or if this Lease or the estate
of the Lessee hereunder shall pass to another by virtue of any court proceedings,writ of execution,
levy, sale or by operation of law, then, and in any of such events, Lessor may, at its option,
terminate this Lease and all rights of Lessee hereunder,by giving five(5)days Notice of its election
to so terminate to Lessee,or to any trustee,receiver,assignee,or other person in charge of or acting
as custodian of the assets or property of the Lessee. Upon the giving of such Notice, this Lease
and the term hereof shall end on the date fixed in such Notice, or if no such date is fixed, five (5)
days following the proper dispatch of such Notice, and the Lessor shall have the right to remove
all persons, goods,fixtures,and chattels from the Premises by force or otherwise,without liability
for damages,and all the other rights permitted under this Lease in the event of a default.
17. Access By Lessor
Lessor or Lessor's agent shall have the right to enter the Premises at all reasonable times to examine
same, and to show them to prospective purchasers, lessees or mortgagees, and to make such
repairs,alterations, improvements,or additions as Lessor may deem necessary or desirable.
18. Miscellaneous
Voluntary Termination of Lease. Notwithstanding any provision herein, either party may
terminate this Lease upon ninety(90)days written notice to the other party.
Waiver.One or more waivers of any covenant,term,condition,or provision of the Lease by either
party shall not be construed as a waiver of a subsequent breach of the same covenant, term,
condition,or provision,and the consent or approval by Lessor to or of any act by Lessee requiring
Lessor's consent or approval shall not be deemed a waiver of Lessor's consent or approval to or of
any subsequent similar act by Lessee. No breach of a covenant, term, condition, or provision of
this Lease shall be deemed to have been waived by Lessor, unless such waiver (i) is in writing
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signed by Lessor, (ii) identifies the breach, and (iii) expressly states that it is a waiver of the
identified breach.
Observance of Lessor's Rules and Regulations. 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 Premises and the Building.
No Partnership. Nothing contained in this Lease 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.
Construction. Whenever herein the singular number is used,the same shall include the plural,and
the masculine gender shall include the feminine and neuter genders. The captions, section
numbers, article numbers, and index appearing in this Lease are inserted only as a matter of
convenience and in no way define, limit, construe, or describe the scope or intent of such sections
or articles of this Lease nor in any way affect this Lease.
Notice. Any notice, demand, request, consent, approval, or other instrument which may be or is
required to be given under this Lease shall be sent by overnight courier or United States certified
mail return receipt requested,postage prepaid,and shall be addressed to the addresses and persons
set forth hereunder:
Terrie Simmons, President City Manager
Strategic Exceptions Professional City of Elgin
Consulting, Inc. 150 Dexter Court
31 S. Grove Avenue Elgin, IL 60120-5555
Elgin, Illinois 60120
With a Copy To:
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Recording. Lessee shall not record this Lease without the consent of Lessor, which may be
withheld for any reason whatsoever, in Lessor's absolute discretion.
Governing Law. This agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this
agreement shall be in the Circuit Court of Kane County, Illinois.
Partial Invalidity. If any provision of this Lease or the application thereof to any person or
circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease shall
not be affected thereby and each provision of the Lease shall be valid and enforceable to the fullest
extent permitted by law, and the remaining provisions of this Lease shall be interpreted so as to
nearly as possible conform to the intent of the parties as indicated in this Lease.
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No Discrimination. Lessee shall not discriminate on the basis of race, color, religion, sex or
national origin in the use of the Premises.
Surrender. At the expiration or earlier termination of the Lease, Lessee shall at Lessee's expense
remove all of Lessee's personal property and those improvements made by Lessee which have not
become the property of the Lessor,including trade fixtures,cabinet work,furniture and equipment;
repair all injury done by or in connection with the installation or removal of the property
improvements; and surrender the Premises in as good condition as it was at the beginning of the
term of this Lease, reasonably wear and tear excepted. All property of the Lessee remaining on
the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned
and may be removed by the Lessor, and Lessee shall reimburse the Lessor for the costs of such
removal. Lessor may have any such property stored at Lessee's risk and expense.
Liens and Encumbrances. Lessee shall not permit any mechanics lien or liens or encumbrances
of any kind whatsoever to be placed upon the Building or the Premises in connection with any
labor material performed or provided to the Building or the Premises at the direction of the Lessee.
Compliance with Laws. Notwithstanding any other provision of this Lease,it is expressly agreed
and understood that in connection with the Lease and occupancy of the Premises the Lessee shall
comply with all applicable federal, state, city and other requirements of law.
No Encumbrances. Lessee shall not mortgage, pledge, or encumber this Lease, in whole or in
part.
Real Estate or Leasehold Taxes. Lessee shall be required to pay any real estate taxes, and any
leasehold taxes or other taxes which may be levied,charged, and/or assessed against the Premises
as a result of this Lease during the term of this Lease, and Lessee shall also pay all interest and
penalties imposed upon the late payment of any obligation under this section.
Joint and Collective Work Product. This Lease is and shall be deemed and construed to be a
joint and collective work product of the Lessor and Lessee and, as such, this Lease shall not be
construed against either party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistencies,ambiguity, vagueness or conflict, if
any, in the terms or provisions contained herein.
Counterparts and Execution. This Lease may be executed in counterparts, each of which shall
be an original and all of which shall constitute one and the same agreement. The parties
acknowledge and agree that this Lease may be executed by electric signature, which shall be
considered an original signature for all purposes and shall have the same force and effect as an
original signature. Without limitation "electronic signature" shall include faxed versions of an
original signature or electrically scanned and transmitted versions (e.g. via PDF) of an original
signature.
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19.Disclaimers
AS IS CONDITION. Lessor has made no warranty, express, implied or with regard to suitability
for a particular purpose of the Premises nor any fixture nor equipment subject to this Lease.
Environmental Hazards. Lessor expressly disclaims any warranty regarding the presence or
absence of any environmental hazard on, upon, beneath or within the Premises to include the
presence of asbestos or other material.
Lessee will not keep or use or permit to be kept or used in or on the premises or any place
contiguous thereto any flammable fluids, hazardous substances, explosives or space heaters.
For purposes of this Lease, (a) "hazardous substances" are those substances defined as toxic or
hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Premises is
located that relate to health, safety or environmental protection; (c) "Environmental Cleanup"
includes any response action, remedial action, or removal action, as defined in Environmental
Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Lessee shall not cause or permit the presence, use, disposal, storage, or release of any hazardous
substances,or threaten to release any hazardous substances,on or in the Premises or the Building.
Lessee shall not do, nor allow anyone else to do, anything affecting the Premises or the Building
(a)that is in violation of any Environmental Law, (b) which creates an Environmental Condition,
or(c)which, due to the presence, use, or release of a hazardous substance, creates a condition that
adversely affects the value of the Premises or the Building.
Lessee shall promptly give Lessor written notice of(a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Premises
and any hazardous substance or Environmental Law of which Lessee has actual knowledge, (b)
any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release
or threat of release of any hazardous substance, and (c) any condition caused by the presence, use
or release of a hazardous substance which adversely affects the value of the Premises or the
Building. If Lessee learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any hazardous substance affecting the
Premises or the Building is necessary, Lessee shall promptly take all necessary remedial actions
in accordance with Environmental Law. Nothing herein shall create any obligation on Lessor for
an Environmental Cleanup.
20. Entire Agreement
This Lease and the Exhibits attached hereto and forming a part hereof, set forth all the covenants,
promises, agreements, conditions, and understandings between Lessor and Lessee concerning the
Premises and there are no covenants, promises, agreements, conditions, or understandings, either
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oral or written, between them other than are herein set forth. No alteration, amendment, change,
or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and
signed by the party to be charged.
IN WITNESS WHEREOF, Lessor and Lessee have signed this Lease as of the day and
year first above written.
LESSOR: LESSEE:
CITY OF ELGIN, an Illinois municipal STRATEGIC EXCEPTIONS
corporatio / P Ut~QWANT AT nnrTSULTING, INC.
By: C/ By: [�t' Si"�+'� V4
exocaeesaa"os...
City Manager Its: President
Atte t:
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City Clerk
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31 SOUTH GROVE AVE. REV. DATE SHEET Trilz PROJECT NO. BERNA
RENOVATION FOR DOWNTOWN FIRST FLOOR 21104
PLAN ARCHITE � DESIGN
NEIGHBORHOOD ASSOCATION SHM 221 D TREET
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PRMCT No.
31 SOUTH GROVE AVE. M. DA7E sHM rm.s BASEMENT BERNA
RENOVATION FOR DOWNTOWN 21104
FLOOR PLAN ARCHITEgDESIGN
NEIGHBORHOOD ASSOCATION sir zz1 DET
CITY OF ELGIN DA7e 2A Elgin, s0120
ELGIN, ILLINOIS 60120 SEPT 9,2021 GB221ARCH®aoLcom