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HomeMy WebLinkAbout07-1221 Census Lease GEORGE E. COLE® No. 888 REC LEGAL FORMS March 2000 OFFICE LEASE CAUTION: Consult a lawyer before using or acting under this form. Neither the publisher nor the seller of this form makes any warranty with respect thereto, including any warranty of merchantability or fitness for a particular purpose. TERM OF LEASE BEGINNING ENDING Above Space for Recorder's use only January 1, 2008 April 30, 2008 MONTHLY RENT DATE OF LEASE LOCATION OF PREMISES $1,350/month December . ( , 17 North Grove Avenue, Elgin, Illinois 60120 Total Rent: 2007 $5,400 PURPOSE The purpose of this Lease is for the City of Elgin to rent the office space available at 17 North Grove Avenue, Elgin, Illinois, 60120, for use by Census Bureau staff. The additional terms and conditions contained on Attachment A, attached hereto, are made a part of this Lease Agreement by this reference. LESSEE LESSOR NAME . J.R. Properties, Ltd. NAME • City of Elgin ADDRESS • 928 Oak Crest Lane ADDRESS • 150 Dexter Court CITY • St. Charles, IL 60175-5000 CITY • Elgin, IL 60120 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above(the"Premises"),together with the appurtenances thereto, for the above Term. LEASE COVENANTS AND AGREEMENTS 1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above,lakmatty in advance,until termination of this lease,at Lessor's address stated above or such other address as Lessor may designate in writing. 2.HEAT;NON-LIABILITY OF LESSOR. Lessor will at all reasonable hours during each day and evening,from October 1 to May I during the term,when required by the season,furnish at his own expense heat for the heating apparatus in the demised P exceP remises,' t when prevented by accidents and unavoidable delays, provided, however, that except as provided by Illinois statute, the Lessor shall not be held liable in damages on account of any personal injury or loss occasioned by the failure of the . heating apparatus to heat the Premises sufficiently, by any leakage or breakage of the pipes,by any defect in the electric wiring, elevator apparatus and service thereof,or by reason of any other defect, latent or patent,in,around or about the said building. 3. HALLS.Lessor will cause the halls,corridors and other parts of the building adjacent to the Premises to be lighted,cleaned and generally cared for,accidents and unavoidable delays excepted. 4. RULES AND REGULATIONS.The rules and regulations at the end of this Lease constitute a part of this Lease.Lessee shall observe and comply with them, and also with such further reasonable rules and regulations as may later be required by Lessor for the necessary,proper and orderly care of the Building in which Premises are located. 5. ASSIGNMENT;SUBLETTING.Lessee shall neither sublet the Premises or any part thereof nor assign this Lease nor permit by any act or default any transfer of Lessee's interest by operation of law, nor offer the Premises or any part thereof for lease or sublease, nor permit the use thereof for any purpose other than as above mentioned, without in each case the written consent of Lessor. 6. SURRENDER OF PREMISES.Lessee shall quit and surrender the Premises at the end of the term in as good condition as the reasonable use thereof will permit, with all keys thereto, and shall not make any alterations in the Premises without the written consent of Lessor; and alterations which may be made by either party hereto upon the Premises, except movable furniture and fixtures put in at the expense of Lessee,shall be the property of Lessor,and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this lease. 7. NO WASTE OR MISUSE.Lessee shall restore the Premises to Lessor,with glass of like kind and quality in the several doors and windows thereof, entire and unbroken, as is now therein, and will not allow any waste of the water or misuse or neglect the water or light fixtures on the Premises,and will pay all damages to the Premises as well as all other damage to other tenants of the Building,caused by such waste or misuse. 8. TERMINATION; ABANDONMENT; RE-ENTRY; RELETTING. At the termination of this lease, by lapse of time or otherwise, Lessee agrees to yield up immediate and peaceable possession to Lessor, and failing so to do, to pay as liquidated damages, for the whole time such possession is withheld,the sum ofNinety ($90.00)--- Dollars per day, and it shall be lawful for the Lessor or his legal representative at any time thereafter,without notice, to re-enter the Premises or any part thereof, either with or(to the extent permitted by law) without process of law, and to expel,remove and put out the Lessee or any person or persons occupying the same, using such force as may be necessary so to do, and to repossess and enjoy the Premises again as before this lease, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants; or in case the Premises shall be abandoned, deserted, or vacated, and remain unoccupied five days consecutively,the Lessee hereby authorizes and requests the Lessor as Lessee's agent to re-enter the Premises and remove all articles found therein, place them in some regular warehouse or other suitable storage place,at the cost and expense of Lessee,and proceed to re-rent the Premises at the Lessor's option and discretion and apply all money so received after paying the expenses of such removal toward the rent accruing under this lease.This request shall not in any way be construed as requiring any compliance therewith on the part of the Lessor, except as required by Illinois statute. If the Lessee shall fail to pay the rent at the times,place and in the manner above provided,and the same shall remain unpaid five days after the day whereon the same should be paid,the Lessor by reason thereof shall be authorized to declare the term ended, and the Lessee hereby expressly waives all right or rights to any notice or demand under any statute of the state relative to forcible entry or detainer or landlord and tenant, and agrees that the Lessor,his agents or assigns may begin suit for possession or rent without notice or demand. 9. REMOVED PROPERTY.In the event of re-entry and removal of the articles found on the Premises as hereinbefore provided, the Lessee hereby authorizes and requests the Lessor to sell the same at public or private sale with or without notice, and the proceeds thereof, after paying the expenses of removal, storage and sale to apply towards the rent reserved herein, rending the overplus, if any,to Lessee upon demand. 10. LESSOR NOT LIABLE. Except as provided by Illinois statute, the Lessor shall not be liable for any loss of property or defects in the Building or in the Premises,or any accidental damages to the person or property of the Lessee in or about the Building or the Premises,from water,rain or snow which may leak into,issue or flow from any part of the Building or the Premises,or from the pipes or plumbing works of the same.The Lessee hereby covenants and agrees to make no claim for any such loss or damage at any time.The Lessor shall not be liable for any loss or damage of or to any property placed in any storeroom or storage place in the Building,such storeroom or storage place being furnished gratuitously,and no part of the obligations of this lease. Page 2 No. 888-REC possession of the Premises herein described f e option of so doing upon giving the Lessee thirty • 12. Lessee hereby irrevocably constitutes any attorney of any Court of Record in this State,attorney for L ssee's name, from time to time, to enter the appearance of Lessee,to waive the issuan n service thereof,to waive trial by jury, and to confess judgment in favor of Lessor a r e amount of rent which may be then due hereunder,together with costs of suit and a m or plaintiff's attorney's fees in or about the entry of such judgment, and to waive and release b , . 13. PLURALS;SUCCESSORS.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.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. WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. Please print or type name(s) below signature(s). LESSEE: CITY OF ELGIN LESS J.R. PROPE TIES, LTD. (SEAL) By• AL) By: Jerry oldstein .,... ".-4-4.-••••4;;;;?"4;4e2 (SEAL) (SEAL) (SEAL) (SEAL) RULES AND REGULATIONS 1. No sign, advertisement or notice shall be inscribed, painted endorsed upon this lease; and the Lessee will not permit any or affixed on any part of the outside or inside of Building,except duplicate keys to be made(all necessary keys to be furnished by on the glass of the doors and windows of the room leased and the Lessor) and upon the termination of this lease,Lessee will on the directory board, and then only of such color, size, style surrender all keys of Premises and Building. and material as shall be first specified by the Lessor in writing, 4. All safes shall be carried up or into Premises at such times endorsed on this lease. No showcase shall be placed in front of and in such a manner as shall be specified by the Lessor; the Building by Lessee, without the written consent of Lessor Lessor shall in all cases retain the power to prescribe the proper endorsed on this lease.The Lessor reserves the right to remove position of such safes,and any damage done to the Building by all other signs and showcases without notice to the Lessee,at the taking in or putting out a safe, or from overloading the floor expense of the Lessee.At the expiration of the term Lessee is to with any safe, shall be paid by the Lessee. Furniture, boxes or remove all his signs from such windows, doors and directory other bulky articles belonging to Lessee shall be carried up in board. the freight compartment of the elevators of the Building; 2. Lessee shall not put up or operate any steam engine, boiler, packages which can be carried by one person and not exceeding machinery or stove upon the Premises, or carry on any fifty pounds in weight, may, however, be carried down by the mechanical business on Premises, or use or store inflammable passenger elevator, at such times as may be allowed by the fluids in the Premises without the written consent of the Lessor management. first had and endorsed on this lease,and all stoves which may be 5. No person or persons other than the janitor of this Building allowed in the Premises shall be placed and set up according to shall be employed by Lessee for the purpose of taking charge of the city ordinance. Premises without the written consent of Lessor first had and 3. No additional locks shall be placed upon any doors of said endorsed upon this lease.Any person or persons so employed by room without the written consent of the Lessor first had and Lessee(with the written consent of the Lessor)must be subject Page 3 No. 888-REC • . • to and under the control and direction of the janitor of the 10. The light through the transoms opening into the hall shall Building in all things in the Building and outside of the not be obstructed by the Lessee. Birds, dogs, or other animals Premises.The agent and janitor of the Building shall at all times shall not be allowed in the Building.All tenants and occupants keep a pass key and be allowed admittance to the Premises,to must observe strict care not to leave their windows open when cover any emergency of fire, or required examination that may it rains or snows, and for any default or carelessness in these arise. respects,or any of them, shall make good all injuries sustained 6. The Premises leased shall not be used for the purpose of by other tenants, and also all damage to the Building resulting lodging or sleeping rooms or for any immoral or illegal purpose. from such default or carelessness. 7.The rent of an office will include occupancy of office,water 11. No packages, merchandise or other effects shall be allowed to Lessor's standard fixtures, heat, and elevator service during to remain in the halls at any time. reasonable working hours;but Lessor shall not be liable for any 12.The Lessor reserves the right to make such other and further damages from the stoppage of water,heat or elevator service. reasonable rules and regulations as in his judgment may from 8. If Lessee desires telegraphic or telephonic connections, the time to time be needful for the safety,care and cleanliness of the Lessor will direct the electricians as to where and how the wires Premises and for the preservation of good order therein. are to be introduced, and without such written directions 13. It is understood and agreed between the Lessee and the endorsed on this lease no boring or cutting for wires will be Lessor that no assent or consent to change in or waiver of any permitted. part of this lease has been or can be made unless done in writing 9. If Lessee desires Venetian or other awnings or shades over and endorsed hereon by the Lessor; and in such case it shall and outside of the windows, to be erected at the Lessee's operate only for the time and purpose in such lease expressly expense,they must be of such shape,color, material and make stated. as may be prescribed by the Lessor in writing on this lease. than 20 ,fer value-received,L,ecsorhereby trtrrisfeFs,esnigns and iota s to , all right,title and interest in and to the ab• e and the rent thereby reserved,except rent due and payable prior to , 20 (SEAL) (SEAL) GUARANTEE On this , 20 , in consideration of Ten Dollars ($10.00) and other good and valuable - ider. '. ,the receipt and sufficiency of which is hereby acknowledged,the undersigned Guarantor hereby guarantees pay ; of rent and performance by Lessee,Lessee's heirs, executors,administrators, successors or assigns of all covenants (SEAL) (SEAL) Page 4 No. 888-REC ATTACHMENT A ADDENDUM TO OFFICE LEASE This Addendum is incorporated into and made a part of the Office Lease between J. R. Properties, Ltd., Lessor, and the City of Elgin, Lessee. If there is any conflict between this Addendum and the Office Lease, the provisions of this Addendum shall supersede any conflicting provisions, and shall control, prevail and be given full force and effect in construing the agreement between the parties. 1. The Total Rent due under the Office Lease through April 30, 2008, said amount being $5,400.00, shall be paid by Lessee to Lessor in advance of the beginning of the Term of Lease, said date being January 1, 2008. 2. The Total Rent shall include all utilities at the Leased Premises. 3. The Lessor has agreed and shall provide the following improvements to the Leased Premises prior to January 1, 2008: • A four-foot fluorescent light fixture will be installed at ceiling level of the small room opposite the existing stairway. • A total of three 4-foot fluorescent light fixtures will be installed in the main room at the requested height of 9-feet from the floor. • A natural gas pipe which is currently protruding from the floor of the main room will be removed and capped. • In the area previously known as the kitchen, a small rectangular section of drywall will be replaced. • No painting or any other repairs will be completed. • A professional industrial cleaning service will be hired to clean bathrooms, floors,windows and doors. • Access to the basement or second floor of the building is denied. 4. The Lessee shall leave the premises in broom swept condition upon termination of the Lease. LESSEE: CITY OF ELGIN LESSOR: J. R. PROPERTIES, LTD. Je L. in By: