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HomeMy WebLinkAbout77-0601 Energy Information Office 0601 STORE LEASE NO. 9 GEORGE E.COLEe (REPLACES FORMS 9 & 9-B) October, 1968 LEGAL FORMS STORE LEASE E T.4`ofAce DATE OF LEASE TERM OF LEASE MONTHLY RENT BEGINNING ENDING 6/1/77 6/1/77 8/31/77 $300 Location of Premises: 29 Fountain Square Plaza Purpose: Energy Information Office LESSEE LESSOR NAME . City of Elgin NAME • Milton Perlman e _ ADDRESS • 150 Dexter Court ADDRESS • 25 Fountain Square Plaza CITY . Elgin, Illinois 60120 CITY • Elgin, Illinois 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 appur- tenances thereto, for the above Term. RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. WATER, 2. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and GAS AND power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted, ELECTRIC and in case said water rents and bills for gas, electric light and power shall not be paid when due, Lessor CHARGES shall have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter. SUBLETTING; ASSIGNMENT shall not assign this lease without, in each case, the consent in writing of Lessor first had and • ed; nor permit to take place by any act or default of himself or any person within his co ny transfer by operation of law of Lessee's interest created hereby; nor offer for leas ease the Premises, nor any portion thereof, by placing notices or signs of "To Let," or er similar sign or notice in any place, nor by advertising the same in any newspaper or 1 manner whatsoever without, in each case, the consent in writing of Lessor first had and • . If Lessee, or any one or more of the Lessees, if there be more than one, shall make ' nment for the benefit of creditors, or shall be adjudged a bankrupt, Lessor may terminat • ease, and in such event Lessee shall at once pay Lessor a sum of money equal to the ent. unt of rent reserved by this lease for the then unexpired portion of the term hereby created, LESSEE NOT 4. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent, TO MISUSE to be committed or carried on in the Premises by himself or by any other person. Lessee will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any pur- pose other than that hereinbefore specified. 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 or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load rating pre- scribed 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. CONDITION 5. Lessee has examined and knows the condition of the Premises and has received the same in good ON order and repair, and acknowledges that no representations as to the condition and repair thereof, and no POSSESSION 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. REPAIRS AND 6. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, MAINTE- and in good repair, all according to the statutes and ordinances in such cases made and provided, and the NANCE 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 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. 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 employes, 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. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. ACCESS TO 7. Lessee will allow Lessor or any person authorized by Lessor free access to the Premises for the PREMISES purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and "For Rent", and Lessee will not interfere with the same. NON- 8. Lessor shall not be liable to Lessee for any damage or injury to him or his property occasioned by LIABILITY the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned OF LESSOR by wind 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. RESTRIC- TIONS (SIGNS, Lessor or his agent, any articles of permanent character or any sign, attached or detached, wit writing ALTER- or printing thereon, to any window, floor, ceiling, door or wall in any place in or about emises, or upon ATIONS, any of the appurtenances thereto, without in each case the written consent of r first had and obtained; FIXTURES) and shall not commit or suffer any waste in or about said premises a make no changes or alterations in the Premises by the erection of partitions or the paperin walls, or otherwise, without the consent in writing of Lessor; and in case Lessee shall affix a • • nal locks or bolts on doors or window, or shall place in the Premises lighting fixtures or an of s of any kind, without the consent of Lessor first had and obtained, such locks, bolts and fi s shall remain for the benefit of Lessor, and without expense of removal or maintenance to Less ssor shall have the privilege of retaining the same if he desires. If he does not desire to retai same, he may remove and store the same, and Lessee agrees to pay the expense of remov storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade HEAT 10. Where building is equipped for the purpose, Lessor shall furnish to Lessee a reasonable amount of heat, from October 1st to May 1st, whenever in Lessor's judgment necessary for comfortable use of the Premises, during customary business hours (excluding Sundays and holidays), but not earlier than 8 a.m. nor later than 6 p.m. unless specifically stated herein. 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. FIRE AND 11. In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Lessor CASUALTY may, at his option, terminate this lease or repair the Premises within sixty 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 determine. TERMINA- 12. At the termination of the term of this lease, by lapse of time or otherwise, Lessee will yield up TION; immediate possession of the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear HOLDING excepted, and will return the keys therefor to Lessor at the place of payment of rent. If Lessee retains pos- OVER session 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 thirty days after termination of the 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 on an annual basis) specified in Section 1, or (b) creation of a month to month tenancy, upon the terms of this lease except at double the moniWy rental specified in Section 1, or (c) creation of a tenancy at sufferance, at a rental of one hundred 100 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 consti- tute a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for a breach of any of the covenants herein. LESSOR'S 13. If Lessee shall vacate or abandon the Premises or permit the same to remain vacant or unoccu- REMEDIES pied for a period of ten days, or in case of the non-payment of the rent reserved hereby, 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 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 of 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 possession thereof with or 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 demands whatsoever, of any and every nature, which may or 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 accept- ance 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 right 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. RIGHT TO 14. If Lessee's right to the possession of the Premises shall be terminated in any way, the Premises, RELET or any part thereof, may, but need not, 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 another occupant or tenant to mitigate the damages of Lessee or otherwise, Lessee hereby waiving the use 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 accept- ance of a tenant by Lessor, in place of Lessee, shall not operate as a cancellation 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. COSTS AND FEES neys, agents and others retained by Lessor, incurred in enf • ns o essee under this lease or in an liti ati c ton in which Lessor shall, without Lessor's fault, become CONFESSION OF State, to be his true and lawful attorney for him and in his name and stead, to enter his ce in any JUDGMENT suit or suits that may be brought in any court in this State at any time when an is due hereunder for rent or otherwise, to waive the issuing of process and service the trial by jury or otherwise, and to confess a judgment or judgments for such money so or costs of suit and for reasonable attorney's fees in favor of Lessor, and to release all e at may occur or intervene in such proceedings, including the issuance of execution upon judgment, and to stipulate that no writ of error or appeal shall be prosecuted from su ment or judgments, nor any bill in equity filed, nor any proceedings of any kind taken in equity to interfere in any way with the o eration of such 'ud ment or judgments or of execu- LESSOR'S 17. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure the payment of LIEN all moneys due under this lease, which lien may be foreclosed in 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 ap- pointed 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. REMOVAL 18. In event any lien upon Lessor's title results from any act or neglect of Lessee, and Lessee fails OF OTHER to remove said lien within ten days after Lessor's notice to do so, Lessor may remove the lien by paying the LIENS 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, ex- penses and counsel fees. REMEDIES 19. The obligation of Lessee to pay the rent reserved hereby during the balance of the term hereof, or NOT during any extension hereof, shall not be deemed to be waived, released or terminated, nor shall the right EXCLUSIVE and power to confess judgment given in paragraph 16 hereof be deemed to be waived 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 re- ceive 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. NOTICES 20. Notices may be served on either party, at the respective addresses given at the beginning of this lease, either (a) by delivering or causing to be delivered a written copy thereof, or (b) by sending a written copy thereof by United States certified or registered mail, postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall be deemed to have been served at the time the copy is mailed. MISCELLA- 21. (a) Provisions typed on this lease and all riders attached to this lease and signed by Lessor and NEOUS Lessee are hereby made a part of this lease. (b) 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. (c) 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. (d) 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. (e) 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 any one or more of such Lessees, and shall authorize the performance of every other act in the name of and on behalf of any one or more of such Lessees. SEVER- 22. If any clause, phrase, provision or portion of this lease or the application thereof to any person ABILITY 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. WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. MILTON PERLMAN (SEAL) CI OF ELGIN l (SEAL) BY tY7 / BY C�'i�y SEAL) /emu (SEAL) Attest: ,L0 (SEAL) :`Attest1, �- 0.-A.t�.J (SEAL) (Lessor) City Cler ASSIGNMENT BY LESSOR On this , 19 , for value received, Lessor hereby transfers, assigns and sets over to , all right, title and interest in and to the above Lease and the rent thereby reserved, except rent due and payable prior to , 19_ (SEAL) (SEAL) GUARANTEE On this , 19 , in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of all covenants and agreements of the above lease. (SEAL) (SEAL) NOTE: Use Form Number 12-1P for assignment by Lessee. 1 1 1 I