HomeMy WebLinkAbout92-1014 Gail Puckett ga_ ion*
RESOLUTION
AUTHORIZING SETTLEMENT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the Mayor and City Clerk are hereby authorized
to sign an agreement in substantially the form attached as
Exhibit A providing for the settlement of a certain eminent
domain proceeding pending in the Circuit Court of Kane County
under General Number ED 91 007, entitled City of Elgin v.
Gail R. Puckett, et al .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: October 14 , 1992
Adopted: October 14, 1992
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT
KANE COUNTY, IWNOIS
THE CITY OF ELGIN, an Illinois municipal )
corporation, )
Plaintiff, )
vs. ) GEN. NO. ED 91 007
GAIL R. PUCKETT, JUANITA S. )
PUCKETT, THE FIRST NATIONAL BANK )
OF ELGIN, a national banking institution,
and UNKNOWN OWNERS, ) u` yA C L
) Clerk of the Citnuft Cbt
rt
Defendants. ) Kane County, I:
OCT 15 1992
SETTLEMENT AGREEMENT FILED 032
ENTERED
WHEREAS, the CITY OF ELGIN (hereinafter referred to as the "City"), represen -.
by Brady, McQueen, Martin, Collins & Jensen, and the Defendant, GLENN W. STELLO
("Stello") represented by his attorneys, Ariano, Anderson, Bazos, Hardy & Castillo, have
agreed upon an amount of money constituting fair market value for the taking of the
property which is the subject of the above-captioned litigation and which is legally
described as on Exhibit 1 attached hereto (the "Property"); and
WHEREAS, all of the other defendants in this action, other than Gail R. Puckett,
Juanita S. Puckett, and Stello, have been defaulted by prior Order of Court; and
WHEREAS, the First National Bank of Elgin no longer has any interest in the
Property as its mortgage is paid off.
WHEREAS, the City and Stello have additionally agreed to certain other terms
and provisions with regard to the settlement of these proceedings;
NOW, THEREFORE, in consideration of the mutual observance by each of the
parties of their respective obligations as set forth herein and of other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged
it is agreed as follows:
1. Compensation. The parties hereto hereby stipulate and agree that the
sum of $220,000.00 (the "Eminent Domain Proceeds") represents just compensation for
the taking of the Property. The parties stipulate and agree that the City shall pay any
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relocation expenses if any, due to any tenants on the Property (other than Stello) and
such relocation expenses shall not be taken from or used to reduce the Eminent
Domain Proceeds hereunder.
2. Payment of Eminent Domain Proceeds.
(a) The Eminent Domain Proceeds shall be deposited by the City with
the Kane County Treasurer within a reasonable period following the
execution of this Settlement Agreement and the Court entering an
order approving this Settlement Agreement. The issuance by the
Kane County Treasurer of a receipt for said Eminent Domain
Proceeds shall be conclusive evidence of the deposit of same with
the Treasurer.
(b) Stello, Gail R. Puckett, and Juanita S. Puckett hereby agree, among
them that:
(i) From the Eminent Domain Proceeds, upon withdrawal of
same, there shall first be paid to Gail R. Puckett and Juanita
S. Puckett such sum as may be necessary to pay off the
balance due said parties under a certain Contract for Sale
and Purchase of Land dated September 15, 1980, it being
stipulated, acknowledged and agreed that the outstanding
balance due under said contract as of September 15, 1992
was $128,611.79. Upon such payment, Gail R. Puckett and
Juanita Puckett shall have no further claim to the Eminent
Domain Proceeds or the Property;
(ii) The balance of the Eminent Domain Proceeds, over the
amount due and owing to Gail R. Puckett and Juanita S.
Puckett, shall be paid to Stello.
3. Interest.
(a) The parties stipulate and agree that as an inducement to Stello to
accept the Eminent Domain Proceeds, the City has agreed to pay
to Stello (as an addition to the Eminent Domain Proceeds) interest
which accrues on the balance due by Stello to Gail R. Puckett and
Juanita Puckett, as contract sellers, under a certain Contract for Sale
and Purchase of Land, pertaining to the Premises, bearing date
September 15, 1980, to the extent that such interest accrues from
July 1, 1992, through September 30, 1992. Said interest shall be
deposited by the City with the Kane County Treasurer along with
the deposit made pursuant to paragraph 2 above.
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(b) The interest due by the City to Stello from July 1, 1992 to
September 30, 1992 shall be $3236.00.
4. Removal of Components, Fixtures and Equipment. See paragraph 3
of the Rider to the Lease attached as Exhibit B and made a part hereof.
5. Vacation of Property.
(a) Stello hereby agrees to vacate the Property on or before December
31, 1992.
(b) Stello hereby agrees to furnish to the City a full and complete list
of the names and addresses of all tenants affecting the Property.
Stello hereby represents tot he City that any and all tenancies
affecting the Property are oral and month-to-month or week-to-week
in nature. Stello further agrees to cooperate with the City (at no
expense to Stello) in terminating said tenancies and providing the
appropriate notices to the tenants such that the tenancies are
terminated and the tenants vacated as of December 31, 1992.
6. Ownership of Property: Collection of Rents.
(a) It is hereby mutually agreed and understood that title to the Property
shall remain vested in Stello until such time as the Eminent Domain
Proceeds have been deposited by the City with the Kane County
Treasurer as required herein, at which time ownership of the
Property shall be deemed to have vested in the City.
(b) Until December 31, 1992, Stello shall be entitled to collect and retain
all rents paid by other tenants within the Property.
(c) The deposit of said Eminent Domain Proceeds shall result in
ownership of the Property being vested in the City, however, said
deposit hereunder shall in no event be determined a waiver of the
City's rights to otherwise enforce the provisions of this Settlement
Agreement.
7. Responsible Property Transfer Act. The parties stipulate and agree that
the transaction described in this Settlement Agreement shall be deemed to be a
"transfer" within the meaning of the Illinois Responsible Property Transfer Act of 1988,
as amended III.Rev.Stat., Ch. 30, Par. 901 et seq. (IRPTA). Likewise, Stello shall be
deemed to be a "transferor" and the City shall be deemed to be a "transferee" within
the meaning of IRPTA. Stello hereby represents and warrants to the City that the
Property which is the subject of the Settlement Agreement is not "real property" as such
term is defined in IRPTA.
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8. Closing Costs. Stello shall not be obligated to pay any costs otherwise
normally associated with real estate transactions (including, without limitation, title
expenses, survey costs and the like).
9. Miscellaneous.
(a) By executing this Agreement, Gail R. Puckett and Juanita S. Puckett
hereby enter their appearance in the above-captioned proceedings.
(b) Stello hereby waives any right or claim to additional compensation
from the City over and above the Eminent Domain Proceeds and
the interest to be paid to him as expressly provided for herein
(including, without limitation, any claim for reimbursement for moving
or relocation expenses).
(c) Stello hereby represents that the second installment of the 1991 real
estate taxes regarding the Property has been paid.
(d) To Stello's actual knowledge (but not based upon any investigation
or inquiry) the Property is not contaminated with any toxic or
hazardous substance or waste. Stello does believe that asbestos-
based material is located within the Property, such as around
existing steam pipes. The City hereby agrees to accept the
Property in its current, as-is condition,
�c cost.T y
10. Continuing Jurisdiction. The Court having jurisdiction of the above-
captioned cause shall retain jurisdiction of the parties hereto and the subject matter
hereof for purposes of enforcing the terms and provisions of this Agreement.
11. Lease. The store lease between Stello, as tenant, and the City, as
Landlord, attached hereto as Exhibit B, and with a term running through December 31,
1992, and with a right for Stello to remove various property from the Property up
through January 31, 1993, shall be made a part of this Settlement Agreement. The
Court shall retain jurisdiction of the parties hereto and the subject matter of the Lease
for purposes of enforcing the terms and provisions of the Lease.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
K day of Wcc,& , 1992.
CITY OF ELGIN,
an Illinois municipal corp.,
BY: 7�'' - d_ BY:lat/t(
Mayor/ ��& G ENN W. STELLO
AU T
City Clerk G IL R. PUC KF)TT���'�
ANITA S. PUCKETT
ORDER
THIS MATTER COMING ON TO BE HEARD by agreement of the parties, the
parties having entered into the above and foregoing Settlement Agreement, and this
Court being fully advised in the premises, IT IS HEREBY ORDERED:
1. The above and foregoing Settlement Agreement and Lease be and hereby
are approved and each of the parties hereto is hereby ordered to perform
their obligations as set forth in said Settlement Agreement and Lease.
2. This Court shall retain jurisdiction of the parties hereto and the subject
matter hereof for purposes of enforcing the terms and provisions of this
Order.
DATED: This _/S� day of eGiz4,er , 1992.
ENTER: DAMES F. QUETSCH
JUDGE
Wayne M. Jensen, Esq.
Marios N. Karayannis, Esq.
Brady, McQueen, Martin, Collins & Jensen
2425 Royal Blvd., PO Box 807
Elgin, Illinois 60121-0807
708/695-2000
Peter C. Bazos, Esq.
Gary M. Vanek, Esq.
Ariano, Anderson, Bazos, Hardy & Castillo
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
708/742-8800
w915475.sa
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EXHIBIT 1
Legal Description
Lot 4 in Babbitt's Addition to Elgin, being a subdivision of Block 25 of P.J.
Kimball Junior's Third Addition, in the City of Elgin, Kane County, Illinois.
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, STORE LEASE NO. 9 ; EXHIBIT GEORGE E.COLE*
(REPLACES FORMS 9 & 9-B) October, 1968
• LEGAL FORMS
STORE LEASE
DATE OF LEASE TERM OF LEASE •ONTHLY RENT
BEGINNING ENDING
* December 31 , 1992 $10.00
Location of Premises:
450 Dundee Ave. ,
Purpose:
— _—Elgin, Ti 1 i no3�
Operation of Donut Shop business known as the Roll 'N Donut
_and other_-exLstimg_lPasing purposes
* The term of this Lease shall begin on the date the City of Elgin acquires
LESSEE LEssoRt i t l e to 450 Dundee Ave. ,
NAME • Glenn W. Stello NAME • City of Elgin
IL
ADDRESS • 450 Dundee Ave. ADDRESS • 150 Dexter Court
CITY ELgin , IL 60120
CITY . ELgin, IL 60120
Attn : Mr. Raymond H. Moller
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.
utilityy bills
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; 3. The Premises shall not be sublet in whole or in part to any person other than Lessee, and Lessee
ASSIGNMENT shall not assign this lease without, in each case, the consent in writing of Lessor first had and obtained;
nor permit to take place by any act or default of himself or any person within his control any transfer by
operation of law of Lessee's interest created hereby; nor offer for lease or sublease the Premises, nor
any portion thereof, by placing notices or signs of "To Let," or any other similar sign or notice in any place,
nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the
consent in writing of Lessor first had and obtained. If Lessee, or any one or more of the Lessees, if there
be more than one, shall make an assignment for the benefit of creditors, or shall be adjudged a bankrupt,
Lessor may terminate this lease, and in such event Lessee shall at once pay Lessor a sum of money equal
to the entire amount of rent reserved by this lease for the then unexpired portion of the term hereby created,
as liquidated damages.
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 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. Ltsscti air H ketp the ' : • :... • - - . : -• •- , . ,
MAINTE- and in good repair, all according to the statutes and ordinances in such cases made and provi.•., and the
NANCE directions of public officers thereunto duly authorized, all at his own expense, and shall _ • e same back
to Lessor upon the termination of this lease, whether such termination shall occur • -xpiration of the term,
or in any other manner whatsoever, in the same condition of cleanliness -•.ir and sightliness as at the
date of the execution hereof, loss by fire and reasonable wear an. .r excepted. Lessee shall make all
necessary repairs and renewals upon Premises and replace br. • globes, glass and fixtures with material of
the same size and quality as that broken and shall ins . glass in windows and doors of the Premises at
his own expense. If, however, the Premises sha • thus be kept in good repair and in a clean, sightly and
healthy condition by Lessee, as aforesai. -ssor may enter the same, himself or by his agents, servants or
employes, without such enterin: - • mg or constituting a termination of this lease or an interference with
the possession of the Pre .'. •y Lessee, and Lessor may replace the same in the same condition of repair,
sightliness, healthi •.- .nd cleanliness as existed at the date of execution hereof, and Lessee agrees to pay
Lessor, in a.-• on to the rent hereby reserved, the expenses of Lessor in thus replacing the Premises in that
con.. •. . Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas
L1Lct,it 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- S. 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
I 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
I pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a
A
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part nor from the escape of steam or hot water from any radiator, it being agreed that said radiators arc
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- 9. Lessee shall not attach, affix or exhibit or permit to be attached, affixed or exhibited, except by
TIONS (SIGNS, Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writing
ALTER- or printing thereon, to any window, floor, ceiling, door or wall in any place in or about the Premises, or upon
ATIONS, any of the appurtenances thereto, without in each case the written consent of Lessor first had and obtained;
FIXTURES) 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 doors or window, 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. Lessor shall have the privilege of retaining the same if he desires. If he does not
desire to retain the same, he 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 moveable furniture.
HEAT 10. Where building is equipped for the purpose, Lessor shall furnish to Lessee a reasonable amount
of heat, from October 1 st 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.IIf L ta• -
OVER session of the Premises or any part thereof after the termination of the term by lapse of time erwise,
then Lessor may at its option within thirty days after termination of the term sery ' en notice upon
Lessee that such holding over constitutes either (a) renewal of this lease for r, and from year to year
thereafter, at double the rental (computed on an annual basis) s e ' in Section 1, or (b) creation of a
month to month tenancy, upon the terms of this lease e at double the monthly rental specified in
Section 1, or (c) creation of a tenancy at suffera a rental of dollars per day
for the time Lessee remains in possessio o such written notice is served then a tenancy at sufferance
with rental as stated at (c) shall een created. Lessee shall also pay to Lessor all damages sustained by
Lessor resulting from r n of possession by Lessee. The provisions of this paragraph shall not consti-
tute a waiver sor of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any
other ' apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for a
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 1 •
RELET or any part thereof, may, but need not, be relet by Lessor, for the account and benefit of L , or such
rent and upon such terms and to such person or persons and for such period or per' s may seem fit to
the Lessor, but Lessor shall not be required to accept or receive any tenant y Lessee, nor to do any
act whatsoever or exercise any diligence whatsoever, in or about the ring of another occupant or tenant
to mitigate the damages of Lessee or otherwise, Lessee waiving the use of any care or diligence by
Lessor in the reletting thereof; and if a sufficient all not be received from such reletting to satisfy the
rent hereby reserved, after paying the ex of reletting and collection, including commissions to agents,
and including also expenses of orating, Lessee agrees to pay and satisfy all deficiency; but the accept-
ance of a tenant by L , in place of Lessee, shall not operate as a cancellation hereof, nor to release
Lessee from ormance of any covenant, promise or agreement herein contained, and performance by
an ' uted tenant by the payment of rent, or otherwise, shall constitute only satisfaction pro tanto of
COSTS AND 15. Lessee shall pay upon demand all Lessor's costs, charges and expenses, including fees of attor-
FEES neys, agents and others retained by Lessor, incurred in enforcing any of the obligations of Lessee under this
lease or in any litigation, negotiation or transaction in which Lessor shall, without Lessor's fault, become'
involved through or on account of this lease.
CONFESSION 16. Lessee hereby irrevocably constitutes and appoints any attorney of any court of record in thi
,OF State, to be his true and lawful attorney for him and in his name and stead, to enter his appearance in an
JUDGMENT suit or suits that may be brought in any court in this State at any time when any money is due hereunder fc
rent or otherwise, to waive the issuing of process and service thereof and trial by jury or otherwise, an
to confess a judgment or judgments for such money so due and for costs of suit and for reasonable attorney'
fees in favor of Lessor, and to release all errors that may occur or intervene in such proceedings, includin
the issuance of execution upon any such judgment, and to stipulate that no writ of error or appeal shall h
prosecuted from such judgment or judgments, nor any bill in equity filed, nor any proceedings of any kin,
taken in law or equity to interfere in any way with the operation of such judgment or judgments or of execu
tion issued thereon and to consent that execution may immediately issue thereon.
LESSOR'S 17. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure the payment c
LIEN all moneys due under this lease, which lien may be foreclosed in equity at any time when money is overdu
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 rele
the same under the orders of the court appointing him.
REMOVAL
OF OTHER to remove said lien within ten days after Lessor's notice to do so, Les e ien by paying th
LIENS full amount thereof or otherwise and witho n or contest of the validity thereof, and Lease,
shall pay Lessor amount paid out by Lessor in such behalf, including Lessor's costs, ex
REMEDIES 19. The obligation of Lessee to pay the rent reserved hereby during the balance of the term hereof, o
NOT during any extension hereof, shall not be deemed to be waived, released or terminated, nor shall the righ
EXCLUSIVE and power to confess judgment given in paragraph 16 hereof be deemed to be waived or terminated by th(
service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereb'
created will be terminated on the date therein named, the institution of any action of forcible detainer o
ejectment or any judgment for possession that may be rendered in such action, or any other act or act
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 of
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 writter
copy thereof by United States certified or registered mail, postage prepaid, addressed to Lessor or Lessee a
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 an.
NEOUS Lessee are hereby made a part of this lease.
(b) Lessee shall keep and observe such reasonable rules and regulations now or hereafter requirec
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.
** The provisions contained on the Rider attached hereto are made a part hereof
(SEAL) (SEAL)
City of Elgin , a municipal (sEAL) (SEAL)
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o/7ation 0�
By : (SEAL) ��j � � (SEAL)
(Lessor) •Glenn W.
C S e lb (Lessee)
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.
Exhibit B
• RIDER TO STORE LEASE (THE "LEASE")
BY AND BETWEEN GLENN W. STELLO ( "LESSEE")
AND THE CITY OF ELGIN ( "LESSOR") AND CONCERNING REAL ESTATE
LOCATED AT 450 DUNDEE AVENUE, ELGIN, ILLINOIS (THE "PREMISES")
1 . The Lease is hereby modified and amended as set
forth on this Rider. Insofar as the terms and provisions of the
Rider purport to modify or amend or are in conflict with the
terms and provisions of the Lease, the terms and provisions of
the Rider shall govern and control . In all other respects, the
terms and provisions of the Lease shall remain in full force and
effect as unmodified.
2 . Lessee shall pay to Lessor a security deposit in
the amount of $1, 000 . 00, which security deposit shall be security
for the payment by Lessee of all utility and water bills together
with the vacation of the Premises at the termination of the Lease
on December 31, 1992 , and removal of all personal property of
Lessee.
3 . Lessee may, at his election, and at his sole cost
and expense, remove from the Premises such components of the
building as he deems, in his sole discretion, appropriate, all
without charge by, or compensation to, Lessor; provided, however
that (a) Lessee shall comply with any and all laws applicable to
such removal; (b) such removal shall not place the Premises in
violation of any such law; (c) Lessee shall board up any door or
window openings from which he may remove any door or window; and -
(d) Lessee shall indemnify and hold Lessor harmless from and
against any and all loss, cost, claim, expense or liability
arising by reason of such removal . Lessee shall not have any
obligation to remove any property, equipment, fixtures or
apparatus which he does not desire to remove, however, Lessee
shall be obligated to remove all personal property which is not
attached to the building and which is located in that portion of
the first floor of the building in which the business known as
the Roll 'N Donut is now being operated. Although the term of the
Lease terminates on December 31, 1992 , and Lessee must have
vacated the Premises e on that date, Lessee shall have access to
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the Premises through but not later than January 31, 1993, to make
such removals referenced above. Notwithstanding anything else
contained herein to the contrary, Lessor and Lessee agree that
all covenants contained in the Lease or Rider with respect to (a)
the removal of such property from the Premises; (b) Lessee
holding Lessor harmless and agreeing to indemnify Lessor from any
loss or liability in connection with such removal; (c) insurance
requirements of Lessee; and (4) security deposit held hereunder,
shall survive the December 31, 1992, term expiration of the Lease
and be in full force and effect with respect to the removal
period through January 31, 1993 .
4 . Lessee shall procure and maintain during the term
of the Lease and through January 31, 1993, a policy or policies
of insurance, with a solvent and responsible company approved in
writing by Lessor, and authorized to do business in the State of
Illinois : (a) insuring Lessor and Lessee, as their interests may
appear, against public liability and property damage covering the
use and operation of the Premises with limits of not less than
$300, 000 . 00 for each person and $300, 000 . 00 for each accident for
bodily injury or death and $300,000 . 00 for property damage; and
(b) insuring Lessee for all Lessee's personal property,
equipment, fixtures, furniture or any other property of Lessee
for the full replacement cost thereof.
Any insurance required to be procured and maintained by
Lessee shall not be subject to cancellation except after ten days
prior written notice to Lessor. All policies of insurance
required to be furnished hereunder, together with receipts
showing payment of the premium thereof, shall be deposited with
Lessor prior to the commencement of the term hereof.
5 . Lessee shall not do any act which shall in any way
encumber the title of Lessor with respect to the Premises . Any
claim to or lien upon the Premises arising from any act or
omission of Lessee shall accrue only against the leasehold estate
of Lessee and shall be subject and subordinate to the title and
rights of Lessor in and to the Premises . Lessee shall not permit
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the Premises to become subject to any mechanic 's lien or
materialmen' lien. In the event of any such lien arising, Lessee
shall immediately have such lien released at its own expense.
6 . Lessee shall not under any circumstances, make any
alterations to the Premises other than the removals referenced in
Paragraph 3 of this Rider.
7 . Lessor shall not be liable for and Lessee shall
hold Lessor harmless from and hereby indemnifies Lessor against
any and all liability for any damage or injury to person or
property caused by or resulting from the acts or omissions of
Lessee or its agents, or from all damage or injuries resulting or
arising from any other cause or happening whatsoever on or about
the Premises . Lessor shall not be responsible for any defect,
latent or otherwise, in the Premises or change of conditions in
the Premises or for any damage to the same or to any person or to
goods or things contained therein, by reason of any matter or
thing whatsoever, Lessee assuming all the risk and responsibility
with reference to the present or future condition, operation, use
and control of the Premises, and Lessee will promptly indemnify
and save harmless Lessor, of and from all loss, cost, fines,
suits , proceedings, claims, demands and actions, of any kind or
any nature whatsoever, brought by anyone whomsoever, arising or
growing out of, or in any way connected with the occupation,
maintenance, control or use of the Premises or the streets or
sidewalks adjoining the same, or by reason of any breach,
violation or nonperformance of any covenant, condition or
agreement hereof on the part of Lessee.
7A.Lessor shall have no obligation to repair or maintain the Premises,
and Lessee hereby agrees to accept same in their current, as-is condition. Further,
because Lessor intends to demolish the building on the Premises at the termination of
this Lease, Lessee shall have no obligation to repair, restore or replace the
Premises , or any portion thereof, which may be damaged or destroyed, or which may
otherwise fall into disrepair, whether or not through the fault of Lessee. Lessee
shall , however, be required to comply with the provisions of paragraph 8 below.
Lessee shall be responsible for any and all repairs or maintenance tne
Premises which may be necessary as to any tenants of the Premises, it being the
intent that under no circumstances shall Lessor be responsible for, or be
required to make, any such repairs or maintenance.
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8 . Lessee shall, at Lessee's sole cost and expense,
comply with and maintain the Premises in compliance with any
laws, ordinances, rules or regulations pertaining to hazardous
materials, environmental activities or other environmental
matters . Lessee shall not dispose of, generate or release any
hazardous materials or install any hazardous materials or storage
tanks on, at, under or about the Premises . Lessee shall not De
required to dispose of or remove any existing asbestos upon tie Property .
LESSOR: LESSEE:
CITY OF ELGIN, a municipal
corporation
By: Rue, ,,
Glenn W. ello
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