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Ordinance 2008-058 B STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008-51's b, ORDINANCE APPROVING A LEASE OF UNIT D, FOUNTAIN VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the Mayor and City Council of the United City of Yorkville have directed a special census of the population be undertaken in accordance with all applicable federal laws; and, WHEREAS, the special census requires additional staff and office space for approximately ninety (90) days while the necessary data is being collected and compiled; and, WHEREAS, in order to perform this monumental task, it is necessary to rent additional office space to permit the special census to be done in an efficient and expeditious manner without interrupting the day to day operations of the City; and, WHEREAS, Crestlake Holding, LLC, has offered to provide approximately 1,493 square feet of office space at Fountain Village of Yorkville for ninety (90) days for total rent of $1.00 for the sole purpose of taking of the 2008 special census. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Lease by and between Crestlake Holdings, LLC, and the United City of Yorkville in the form attached hereto is hereby approved and the Mayor and city Clerk is hereby authorized and directed to execute and deliver same. This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of� A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO p ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI v,c MARTY MUNNS v ROSE SPEARS BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: A '-- r LEASE THIS LEASE, made and entered into this 8' day of July, 2008, by and between Crestlake Holdings LLC, (hereinafter referred to as "Landlord ") and City of Yorkville, (hereinafter referred to as "Tenant "). WITNESSETH ARTICLE 1: PREMISES; TERM; LANDLORD'S RESERVATIONS; SPECIFIC ECONOMIC TERMS Landlord, for and in consideration of the covenants and agreements hereinafter set forth, does demise and lease to Tenant for use only by Tenant and Tenant hereby leases from Landlord the premises known as part of Unit "D" consisting of approximately 1,493 square feet (hereinafter referred to as "Premises ") in Fountain Village of Yorkville (hereinafter referred to as "Center ") in the County of Kendall , Yorkville , Illinois. The center consists of 26,646 square feet and Tenant's pro rata share is 1493sf and 5.6/100 percent( 5.6 %). Landlord specifically accepts and reserves to itself the use of the roof, the exterior portions of the Premises, other than the storefront, and such areas within the Premises required for installation, maintenance and repair of utility lines and other installations required to service the premises from time to time during the term of this Lease. No rights are conferred upon Tenant, and Landlord specifically accepts and reserves to itself, unless otherwise specifically provided, all rights to the land and improvements below the floor level of the Premises and to the air rights above the Premises unless otherwise specifically provided. The term of this Lease shall commence on July 8, 2008 and shall end on October 8, 2008, but the provisions of this Lease shall, unless otherwise specifically set forth, apply from the date hereof. An additional 30 -day extension to the term shall be allowed, provided the tenant notifies the landlord prior to the original term's expiration. The following specific economic terms shall apply, in addition to other terms set forth elsewhere herein, subject to the conditions, rights, remedies and additional provisions set forth in this Lease: Rent: Rent shall be $1.00 (One dollar and 00 /100) for the term, and $1,00 for the extension, and due upon execution of this lease. Purpose: The Premises shall be used for census recording for the City of Yorkville. ARTICLE 2: OPERATION OF THE PREMISES The Premises shall be occupied and used only for the purpose set forth in Article 1. Tenant shall not use said Premises, nor permit same to be used, for the manufacture, sale, barter, trade, gift or service of intoxicating liquors of any nature whatsoever, as the same shall be defined under the Statutes of the United States, the State of Illinois or any municipal or other governmental authority having jurisdiction. Tenant agrees to operate all of the Premises during the entire term of this Lease, unless prevented from doing so because of fire or casualty, and to keep open and to operate its store with the trained personnel necessary for efficient service, during normal business hours, days, and evenings of the week. Tenant agrees promptly to comply with all laws, ordinances, orders and regulations of any public authority affecting the Premises, and with the recommendations of any insurance company or inspection bureau. Tenant agrees, in the Premises and at the Center, not to make, use, keep, allow or permit: any unlawful or immoral act; any use that might invalidate or increase the rate of insurance; any inflammable fluids or explosives without in each instance obtaining the prior written approval of landlord; a nuisance, defacing or injury to the Center or Premises; overloading of the electrical lines, floors or other utility lines; any roof cuts to be made; or any waste of property. Tenant agrees to pay as additional rent any increase in the cost of insurance on the Center or Premises to Landlord as a result of any unauthorized use of the Premises by Tenant without being waiver by Landlord of any of its other rights herein. i ARTICLE 3: LANDLORD'S AND TENANT'S WORK Landlord will give a credit for the drop ceiling if it is optioned by tenant not to be installed. All work, other than that which has already been performed or to be performed by Landlord as provided in Exhibit D which is attached hereto and by this reference made a part hereof, shall be completed by Tenant at Tenant's expense and shall hereinafter to be referred to as "Tenant's Work ". Tenant's Work shall be completed in the time, manner and subject to the conditions provided for by Landlord. Prior to the commencement of any work Tenant shall submit complete plans and specifications to Landlord in such detail as Landlord shall require for Landlord's prior approval and no such work shall commence until Tenant shall have secured Landlord to its satisfaction for the cost of such work and any liens which may arise therefrom. Tenant's Work shall include all signs used at the Premises, the installation, design and size of which shall be subject to Landlord's sign criteria as same shall be revised from time to time, said signs not to be installed without Tenant having first obtained the prior written approval of Landlord in each instance. Tenant's Work shall become, upon completion, the property of Landlord. ARTICLE 4: ADDITIONAL CONSTRUCTION Landlord reserves the right at any time to make alterations, modifications, expansions, reductions or additions to the common areas and the Center or any part thereof and to build adjoining the same. Landlord reserves the right as to the Center at any time to do, or permit to be done, without limitation any or all of the following: add buildings or structures; change the number and location of buildings and structures; change building dimensions; change the identity and type of stores and tenancies and the dimensions thereof; change the name of the Center in which the Premises are located; convert common areas into leasable areas and expand the size of the Center by acquiring or making available additional land; provided, however, that no changes shall materially alter the size of the Premises or deny reasonable ingress to and egress from the Premises. ARTICLE 5: CONDITION OF PREMISES; REPAIR AND MAINTENANCE Tenant's taking possession of the Premises shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition. Tenant agrees that no representations respecting the condition of the Premises and no promises to decorate, alter, repair or improve the Premises or the Center, either before or after the execution hereof, have been made by Landlord to Tenant unless the same are contained herein. Tenant shall, at its sole cost and expense, make additions, improvements, alterations and repairs to or on the Premises, to utility equipment used exclusively for the Premises and to utility lines to the point of connection for Tenant, which may be required to keep same in good order, condition and repair and sanitary, clean, safe, and in sightly appearance at all times during the term of this Lease including those improvements, alterations and repairs required by any lawful authority, unless specifically made Landlord's responsibility under the next paragraph. Any such work by Tenant shall be subject to Landlord's approval, and Landlord may, but shall not be obligated to, deal directly with any such authorities respecting their requirements for additions, improvements, alterations and repairs. Landlord agrees, at its expense, to keep the foundations, utility lines from the point of connection for Tenant, exterior walls, including the storefront and other doors, and structural system of the Premises in good condition and repair. Landlord shall not be liable to Tenant for any damages except for damage caused by the items mentioned in the previous sentence being out of repair after Landlord has had reasonable opportunity to have same repaired after being notified in writing of the need of same by Tenant. Tenant's responsibility hereunder shall include, without limitation, repair, insuring and replacement of mechanical equipment required for the Premises and included within Tenant's Work, replacement of fixtures, glass (with glass of the same size and quality), floor covering and ceiling materials, doors and door hardware and decoration of the interior and storefront of the Premises in order to maintain at all times a clean and sightly appearance. Tenant shall not attach any fixtures or articles to any portion of the Premises, nor shall Tenant make any alterations, additions, improvements, or changes or perform other work whatever in and to the Premises, including installation of trade fixtures which significantly alter the interior or exterior appearance of the Premises, without in each instance obtaining the prior written approval of the Landlord. If Tenant does not keep the Premises in a condition reasonably satisfactory to Landlord, Landlord shall have the right, after notice to Tenant except in situations deemed to be emergencies by Landlord, to make repairs or perform maintenance and Tenant shall pay the Landlord's cost of such work promptly upon demand. ARTICLE 6: ACCESS TO PREMISES Tenant agrees that Landlord's beneficiaries or any persons authorized by either may enter the Premises to inspect the condition of the same, to make repairs additions, improvements, changes or alterations to the premises, the building or the Center as Landlord may elect to make, and to exhibit the same to prospective purchasers of the Center or to prospective tenants, and to place in and upon said Premises at such places as may be determined by Landlord "For Rent" signs or notices during the last ninety (90) days of the term thereof. Tenant undertakes and agrees that neither Tenant nor any person within Tenant's control will interfere with such signs or notices. Such entry, inspection and repairs, additions, improvements, changes or alterations as Landlord may make of the premises, the building of which the Premises are a part, or the Center shall not constitute eviction of Tenant in whole or in part and the rent reserved shall in no way abate while such work is being done by reason of loss or interruption of business of Tenant or otherwise. If Tenant or Tenant's agents or employees shall not be present to permit entry into the Premises at any time and for reason when entry therein shall be necessary or permissible under this Lease„ the Landlord shall not enter. ARTICLE 7: DAMAGE TO PREMISES In the event the Premises are damaged by fire, explosion, or other casualty or occurrence to the extent of less than twenty -five percent (25 %) of the insurable value of the Premises, the damage shall be promptly repaired by Landlord at Landlord's expense; however, that Landlord in no event shall be required to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage. In the event of any such damage in which (a) the Premises shall be damaged to the extent of twenty -five percent (25 %) or more of the insurable value, (b) the building of which the Premises are a part is damaged to the extent of fifty percent (50 %) or more of the insurable value, or (c) the damage is caused by any occurrence not covered by the Landlord's insurance or by Tenant's negligence, Landlord may elect to repair or rebuild or to terminate the Lease upon giving notice of such election in writing to Tenant within ninety (90) days of the happening of the event causing the damage; provided, however, that Landlord shall in no event be required to expend for such repairs or rebuilding an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage provided further that, if Landlord elects to repair or rebuild, Landlord's obligation to Tenant hereunder shall be limited to repairing or rebuilding Tenant's Premises, if necessary, and necessary, and restoring the site on which the building is built to a clean and safe condition. If Landlord is required to or elects to rebuild the Premises as herein provided, Tenant shall repair or replace its fixtures, furniture, furnishings, floor coverings and equipment, and stock in trade, and if Tenant has closed, Tenant shall promptly reopen for business. ARTICLE 8: INSURANCE Landlord agrees to purchase and keep in full force and effect insurance on Landlord's buildings in the Center against fire and such other risks as may be included in extended coverage insurance from time to time available in an amount not less than the greater of eighty percent (80 %) of full insurable replacement value of Landlord's building in the Center or the amount sufficient to prevent Landlord from becoming coinsurer under the terms of the applicable policies and such policies shall contain a clause, if permitted at no additional premium cost, pursuant to which the insurance carriers waive all rights of subrogation against Tenant with respect to losses payable under said policies. Tenant, at its sole cost and expense and for the mutual benefit of the title holding Trust, Landlord and the agents and employees of Landlord, agrees to purchase and keep in force and effect during the term hereof, insurance on its merchandise, inventory, contents, furniture, fixtures, equipment and other personal property located in the Premises protecting Tenant from damage or other loss caused by fire or other casualty, including but not limited to, vandalism, perils covered by extended coverage, theft, sprinkler leakage, water damage (however caused), explosion of heating and cooling or similar apparatus, and other similar risks in amounts not less than the full insurable replacement value of such property. Such insurance polices shall contain a clause, if permitted at no additional premium cost, pursuant to which the insurance carriers waive all rights of subrogation against the title holding Trust, Landlord, and their agents and employees with respect to losses payable under said policies. Landlord and Tenant intend that the risks of loss or damage as described above be borne by responsible insurance carriers to the extent above provided and Landlord and Tenant hereby agree to look solely to, and to seek recovery only from, the respective insurance carriers in the event of a loss of a type described above to the extent that such coverage is agreed to be provided hereunder. For this purpose, and any applicable deductible amount shall be treated as though it were recoverable under such policies. Landlord and Tenant agree that applicable portions of all monies collected from such insurance shall be used toward the full compliance of the obligations of Landlord and Tenant under this Lease. Tenant agrees to maintain during the term commencing on the date Tenant takes possession of the Premises the following insurance coverage with respect to the Premises: public liability in the minimum amount of One Million Dollars ($1,000,000.00) for the injury to or death of any person or persons and Two Hundred Thousand Dollars ($200,000.00) for damage to property, and such other insurance and in such amounts as Landlord may require, all such insurance to have such limits per occurrence and in the aggregate and to include the title holding rust, Landlord, and their employees and agents as insured parties and to cover claims between g P insured parties thereunder. Tenant further agrees that, if at any time during the term of this Lease, Tenant shall sell or serve intoxicating liquors on the Premises, Tenant will maintain liquor liability coverage on the Premises in amounts and as approved by Landlord in writing. Tenant shall provide Landlord with copies of policies or certificates prior to the date Tenant takes possession of the Premises and from time to time thereafter as required by Landlord evidencing that the aforesaid insurance is in full force and effect. All of Tenant's policies and certificates shall provide that Landlord shall be given a minimum of thirty (30) days' written notice by any such insurance company prior to the cancellation, termination or change of such coverage. All insurance herein required shall be in addition to and not in discharge of or a limitation to Tenant's obligation to indemnify Landlord, and its employees and agents as provided in this Lease. All Tenants' insurance required herein shall be with companies satisfactory to Landlord. ARTICLE 9: CONDEMNATION If any portion of the Premises, or any significant (in Landlord's determination) part of the building of which the Premises are a part or of the Center shall be taken under eminent domain proceedings, Landlord may, at Landlord's option, terminate this Lease by written notice to Tenant, such termination to be effective on or after the date possession is taken if the Premises is included in such taking or no later than thirty (30) days after the possession is taken if the Premises is not included in such taking. If the taking of a sufficient or a certain portion of the Premises renders the balance of the Premises inadequate for the operation of Tenant's business at the Center, Tenant shall have a right to terminate this Lease upon written notice to Landlord within thirty (30) days from the date of such taking of possession, said termination to be effective not less than ninety (90) days from the date said written notice is given to Landlord. In any event, Tenant shall have no claim against Landlord by reasons of such taking or termination and shall not have claim or right to any portion of the amount that may be awarded or paid to landlord as a result of any such taking. The entire compensation award in or by reason of said eminent domain proceedings shall belong to Landlord without any deduction therefrom for any present or future estate or interest of Tenant and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all such compensation together with any and all rights, estate and interest of Tenant now existing or hereafter arising in and to the same or any part thereof. ARTICLE 10: LIENS Tenant agrees promptly to pay for any work done, material or service furnished for or on behalf of Tenant in or about the Premises and to not permit or suffer any lien, charge or encumbrance to placed against or to attach to the Premises or the Center, and to promptly cause any such lien, charge or encumbrance or any claim therefore to be released; provided, however, that in the event Tenant contests any such claim, Tenant agrees to indemnify and secure Landlord to Landlord's satisfaction. In the event any such lien, charge or encumbrance is placed against the Premises or the Center, Landlord may, upon Tenant's failure to secure Landlord to Landlord's satisfaction, take all action necessary to remove such lien, without any duty to investigate the validity thereof and Tenant shall pay to Landlord, immediately on demand, all costs and expenses, including reasonable attorneys' fees, incurred by Landlord in removing such lien, charge or encumbrance. It is understood and agreed by and between the parties that in the event Landlord approves of Tenant making an alteration or related series of alterations, the cost of which exceeds the sum of Four Thousand Dollars ($4,000.00) ( "Material Alteration "), then Tenant shall be required to enter into a Tenant improvement/work completion escrow agreement (the "Escrow Agreement ") with Chicago Title and Trust Company ( "Chicago Title ") having an address at 171 North Clark, Chicago, Illinois 60601 and the form attached hereto as "Exhibit "E" prior to the commencement by Tenant of the Material Alteration pursuant to which Tenant shall deliver to Chicago Title the cost of the Material Alteration in installments as such installments are due and payable and Chicago Title shall disburse all costs to be paid for the Material Alteration. Prior to commencement of the Material Alteration, Tenant shall provide Landlord with the total cost of Material Alteration, a list of the contractors and subcontractors who will be performing the Material Alteration and the sums to be paid each contractor and subcontractor, together with a copy of the fully executed Escrow Agreement. It shall be stipulated in the Escrow Agreement that Chicago Title will not disburse any sums to any such contractor and/or subcontractor unless and until such contractor and/or subcontractor has delivered proof satisfactory to Chicago Title and Landlord and that no liens or claims have been filed against the Premises as a result of work performed by such contractors and/or subcontractors, including, but not limited to, lien waivers and the Material Alteration has been fully completed and paid for. Tenant's failure to enter into the Escrow Agreement with Chicago Title and comply with the terms and conditions of the Escrow Agreement including, but not limited to, the delivery of the total cost of the initial Material Alteration to Chicago Title, shall constitute a material default by Tenant under this Lease, entitling Landlord to exercise its remedies available under the applicable law and under the Lease. ARTICLE 11: UTILITIES Tenant shall apply to applicable utility company or municipality for all utility services, including water, required by Tenant for use in the Premises, and shall be responsible for the connection and installation of same. Tenant shall promptly pay all bills for said utilities. In the event Tenant fails to pay any utility bill within forty - five (45) days after the due date, Landlord may, but shall not be obligated to, pay such bills (without any duty to investigate the validity thereof) in which event such shall be deemed additional rent hereunder and Tenant shall immediately reimburse Landlord for the amount paid by landlord plus interest at the rate set forth hereinbefore. No interruption or discontinuance of any utilities, or inability to obtain same, regardless of the nature of the cause, shall be deemed an eviction or disturbance of Tenant, relieve Tenant from any obligation under this Lease, nor create any liability on the part of Landlord. ARTICLE 12: COMMON AREAS Landlord hereby grants to Tenant the right to use the common areas during the term of this Lease, unless terminated by lapse of time or otherwise, for their intended purposes and subject to the following conditions: (a) Use by Tenant, its agents, employees, customers and invitees shall be in common with and not interfere with use by agents, employees, customers and invitees of Landlord and the other owners, occupants and tenants from time to time in the Center; (b) Landlord shall have the right to construct buildings or temporary or permanent improvements in, to change the location or character of, to make alterations, eliminations, or additions, and to repair and rebuild the common areas; and (c) Landlord shall have the right to adopt rules and regulations governing the common areas, including the right to institute a parking system by validation, metering or otherwise. The common areas shall consist of the sidewalks, roof, parking areas, loading docks, maintenance areas, landscaping, driveways, fences and other common areas at the Center. Landlord shall, subject to causes and events beyond its reasonable control, maintain, or cause to be maintained, the common areas in good order and repair. Neither Landlord nor any of its respective agents or employees shall be liable to Tenant or any of Tenant's employees, agents, customers or invitees or anyone claiming through or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action, because of any interruption or discontinuance at any time for any reason in the furnishing of any of said common area services. No interruption or discontinuance shall be deemed an eviction or disturbance of Tenant's use or possession of the Premises or any part thereof; nor shall any such interruption or discontinuance relieve Tenant from full performance of Tenant's obligations under this lease. ARTICLE 13: RULES AND REGULATIONS Tenant agrees, at Tenant's sole cost, to comply with all rules and regulations promulgated from time to time by Landlord and as set forth in Exhibit B which is attached hereto and by this reference made a part hereof. Tenant agrees that Landlord may amend, modify and delete present rules and regulations or add new and additional reasonable rules and regulations for the use and care of the Premises, the building of which the Premises are a part, the common areas and the entire Center. Tenant agrees to comply with all such rules and regulations upon notice to Tenant from Landlord or upon the posting of same in such place within the Center as Landlord may designate. In the event of any breach of any rules and regulations herein set forth or any amendments or additions hereto, Landlord shall have all remedies in this Lease provided for default of Tenant. ARTICLE 14: SUBORDINATION AND ESTOPPEL Landlord reserves the right to subordinate this Lease at all times to the lien of any mortgage, mortgages, trust deed or trust deeds now or hereafter placed upon the Premises, and Tenant covenants and agrees to execute and deliver, upon demand, such further instruments subordinating this Lease to the lien of any such mortgage, mortgages, trust deed or trust deeds as shall be desired by Landlord, or any mortgagee or trustee upon condition that Tenant shall have the right to remain in possession of the Premises under the terms of this Lease, notwithstanding any default in any such mortgage, mortgages, trust deed or trust deeds, or after foreclosure thereof, so long as Tenant is not in default under any of the covenants, conditions and agreements contained in this Lease. Tenant shall execute and deliver within ten (10) days after demand in writing whatever instruments may be required for such purposes, and in conjunction therewith or at any time upon request in writing from Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications) and the dates to which the Minimum Rent, percentage rent (if applicable) and other charges have been paid and further certifying to such other additional matters as Landlord may require. ARTICLE 15: ASSIGNMENT AND SUBLEASE Tenant shall not transfer, assign, sublet, enter into a license or concession agreement or hypothecate this Lease or the Tenant's interest in and to the Premises, permit any transfer of Tenant's interest created hereby or allow any lien upon Tenant's interest by operation of law, nor permit the use or occupancy of the Premises or any part thereof by anyone other than Tenant, without first obtaining the express written consent of Landlord. The consent by Landlord to any of the aforesaid shall not constitute a waiver of the necessity of Landlord's consent thereafter and any of the aforesaid transactions shall only be by an instrument in writing, in a form satisfactory and delivered to Landlord in advance, and shall include an agreement for the benefit of the Landlord to assume to be bound by, and to perform the terms, covenants and conditions of this Lease to be done, kept and performed by Tenant. All requests for Landlord's consent shall be by written notice and, in the event Tenant requests Landlord's consent to any transaction covered under the previous paragraph and Landlord consents to such transaction, Tenant shall immediately reimburse Landlord for all expenses, including attorneys' fees incurred by Landlord in conjunction therewith in any manner whatsoever. If Tenant requests Landlord's consent to any such transaction, Landlord shall have the right, independent of Landlord's right to refuse its consent, to terminate this Lease by written notice to Tenant served within ten (10) days of receipt of Tenant's written notice to Landlord requesting such consent, such termination to be effective sixty (60) days from Tenant's receipt of Landlord's written notice of termination, unless Tenant shall by written notice to Landlord withdraw its request for Landlord's consent within five (5) days of receipt of Landlord's aforesaid election to terminate. ARTICLE 16: WAIVER OF CLAIMS AND INDEMNITY Tenant waives all claims against Landlord and its agents and employees for injury to persons or damage to property sustained by Tenant or any person claiming through Tenant resulting from any occurrence in or upon the Premises or building of which the Premises shall be part, including, but not limited to, such claims for damages resulting from: (a) any equipment or appurtenances becoming out of repair; (b) the Premises or the building being out of repair; (c) injury or damage done or occasioned by wind, water, flooding, freezing, fire, explosion, earthquake, excessive heat or cold, vandalism, riot or disorder or other casualty; (d) any defect in or failure of plumbing, heating, ventilating or air conditioning equipment, of electric wiring or installation thereof, of gas, water or steam pipes, and of stairs, railings or walks; (e) broken glass; (f) the backing up of any sewer pipe or down spout; (g) the bursting, leaking or running of any tank, tub washstand, water closet, waste pipe, I drain cooling coil or any other pipe or tank in, upon or about such building or Premises; (h) the escape of steam or hot water; (i) water, snow or ice being upon or coming through the roof, skylight, trapdoor, stairs, walk or any other place upon or near such building or Premises or otherwise; Q) the falling of any fixture, plaster or stucco; or (k) any act, omission, or negligence of other tenants, persons or occupants of said building, of adjoining or contiguous buildings or of adjacent or contiguous properties. Tenant agrees to indemnify, defend and hold harmless Landlord and its agents and employees, from and against all claims, liabilities, losses, damages and expenses (including all costs and expenses of defending against same) for injury to death of any person or loss or damage to property in or upon said Premises and including the person and property of Tenant, its employees, agents, invitees, licensees or others, it being understood and agreed that all property kept, stored or maintained in or upon the Premises, shall be at the risk of Tenant. The foregoing indemnity shall be in addition to Tenant's obligation to supply the insurance as required by Article 10 and not in discharge of substitution for same. If any damage to the portion of the Premises which Landlord is responsible to repair or maintain or other property of Landlord results from any act or neglect of Tenant, its agents or employees, Landlord may at its option repair such damage, and Tenant shall promptly on demand reimburse Landlord for the cost thereof to the extent same is not covered under landlord's Insurance. ARTICLE 17: DEFAULT BY TENANT It is agreed that: (a) Tenant vacates or abandons the Premises or permits the same to remain vacant or unoccupied for a period of ten (10) days or fails to conduct business at the Premises for a period of five (5) consecutive days; (b) if the rent, any other charges due pursuant to the terms of this Lease, or any part thereof shall be unpaid for five days after written notice thereof to Tenant; (c) if default shall be made in prompt and full performance of any covenant, condition or agreement of this Lease to be kept or performed by Tenant and Tenant shall fail to promptly and fully cure such default or breach or performance or such default or breach of performance shall continue for more than a reasonable time (in no event to exceed thirty (30) days, unless, with respect to any default which cannot be cured within thirty (30) days, Tenant or any person holding by, through or under Tenant, in good faith, within ten (10) days after receipt of such written notice, shall have commenced and thereafter shall continue diligently to prosecute all action necessary to cure such default), after written notice to Tenant, specifying such default or breach of performance; or (d) ;if any proceeding shall be commenced to declare Tenant or Guarantor of this Lease, if any, bankrupt or insolvent or to obtain relief under any chapter or provision of any bankruptcy or debtor relief law or act or to reduce or modify Tenant's or Guarantor's debts or obligations or to delay or extend the payment thereof, or if any assignment of Tenant's or Guarantor's property be made for benefit of creditors, or if a receiver or trustee be appointed for Tenant or Tenant's Guarantor's property or business (unless in the case of a petition filed against Tenant or Guarantor, the same is dismissed within sixty (60) days), then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease and thereupon at its option, without further notice or demand of any kind to Tenant or Guarantor or any other person, may have, in addition to all other legal or equitable remedies, the following described remedies: (i) Landlord may elect to terminate this Lease and the term created hereby in which event Landlord forthwith may repossess the Premises and Tenant shall pay at once to Landlord as liquidated damages a sum of money equal to the rent provided in Article 1 of this Lease and other sums provided to be paid by Tenant to Landlord for the balance of the stated term of this Lease less the fair rental values of the Premises for said period and Tenant shall pay any other sum of money and damages due or to become due to Landlord from Tenant. (ii) Landlord may elect to terminate Tenant's right of possession without termination of this Lease in which event Tenant agrees to surrender possession and vacate the Premises immediately and deliver possession thereof to Landlord and Tenant hereby grants to Landlord full and free license to enter into and upon the Premises, in whole or in part, with or without process of law to repossess Landlord of the Premises or any part thereof and to expel or remove Tenant and any other person, firm or corporation who may be occupying or within the Premises or any part thereof and remove any and all property therefrom without terminating the Lease or releasing Tenant in whole or in part from Tenant's obligation to pay rent and perform the covenants, conditions and agreements to be performed by Tenant as provided in this Lease without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without relinquishing Landlord's right to rental or any other right of Landlord under this Lease or by operation of law. Tenant hereby expressly waives the service of any notice of any election made by Landlord under this Article and demand for possession, including any and every form of demand and notice prescribed by law, Landlord being obligated to give only such notice as in this Lease specified. Upon and after entry into possession without terminating this Lease, landlord may, but shall not be obligated to, relet all or any part of the Premises for the account of Tenant for such rent and upon such terms and to such person, firm or corporation and for such period or periods as landlord in Landlord's sole discretion shall determine (including the right to relet the Premises for a term greater or lesser than that remaining under the stated term of this Lease and the right to relet the Premises as part of a larger area and the right to change the character or use made of the Premises) and Landlord shall not be required to accept any tenant offered by Tenant (nor shall any such offer have any effect on Landlord's right hereunder), to observe any instruction given by Tenant about such reletting or to do any act or exercise any care or diligence with respect to such reletting or to the mitigation of damages of Tenant. All such consideration so received shall be the sole property of Landlord; provided; however, if the consideration collected by Landlord upon such reletting for Tenant's account is not sufficient to pay the rental and other charges reserved in this Lease together with an amount equal to five percent (5 %) of the rent provided for in any new lease as liquidated damages and cost of repairs, alterations, additions, and Landlord's other expenses, Tenant agrees to pay Landlord the deficiency on demand. The service of a five -day notice, demand for possession, a notice that the tenancy hereby created will be terminated on the date therein named, institution of an action of forcible detainer or ejectment or the entering of a judgment for possession in such action, or any other act or acts resulting in the termination of Tenant's right to possession of the Premises shall not relieve Tenant from Tenant's obligation to pay the rent hereunder during the balance of the term or any extension thereof, except as herein expressly provided. Landlord may collect and receive any rent due from Tenant and the payment thereof shall not constitute a waiver of or affect any notice or demand given, suit instituted or judgment obtained by Landlord, or be held to Waive, affect, change modify or alter the rights or remedies which Landlord has in equity or at law or by virtue of this Lease. The acceptance of liquidated damages by Landlord under any of the provisions of this Lease shall not preclude Landlord from the subsequent enforcement of any of the covenants or agreements of this Lease, nor shall any other act which infers recognition of the tenancy operate as a waiver of Landlord's right to terminate this Lease or operate as an extension of this Lease. ARTICLE 18: REMEDIES All rights and remedies of Landlord herein created or otherwise existing at law or equity are cumulative and may be exercised concurrently, whenever and as often as deemed desirable, and the exercise of one shall not be taken to exclude or waive the right to the exercise of any other The failure of Landlord to insist upon strict performance by Tenant of any of the covenants, conditions and agreements of this Lease or upon strict compliance by Tenant of any other tenant in the Center of any rule or regulation shall not be deemed a waiver of any of Landlord's rights or remedies concerning any subsequent or continuing breach or default by Tenant of any of the covenants, conditions and agreements of this Lease or any rule or regulation. No surrender of the Premises shall be affected by Landlord's written acceptance of such a surrender. ARTICLE 19: SURRENDER OF PREMISES; ABANDONMENT OF TENANT'S TRADE FIXTURES; HOLDOVER Upon expiration or termination of this Lease, by lapse of time or otherwise, Tenant agrees peaceably to surrender to Landlord the Premises, including the alterations, additions, improvements, changes and fixtures, other than Tenant's movable trade fixtures, in broom -clean condition and in good repair, except for damage caused by acts of God, ordinary use and wear and damage by fire or casualty. Tenant agrees to remove Tenant's trade fixtures and to repair all damage to the Premises caused by such removal. Tenant's failure to remove such trade fixtures shall be deemed an abandonment and Tenant shall pay upon demand for Landlord's cost of such removal, including the cost of repairing any damage to the Premises caused by Landlord's removal of such trade Fixtures. In the event that Tenant shall fail to surrender the Premises as provided above, Tenant agrees to pay Landlord, as liquidated damages, a sum equal to twice the rental as provided in Article 1 of this Lease to be paid by Tenant to Landlord for all the time Tenant shall so retain possession of the Premises or any part thereof plus any additional rental payments and charges provided for in this Lease; provided, however, that exercise of Landlord's rights under this Article shall not be interpreted as permission to Tenant to continue in possession. This Article shall not operate as a waiver of Landlord's right to Tenant to continue in possession. This Article shall not operate as a waiver of Landlord's right of re -entry. ARTICLE 20: UNPERFORMED COVENANTS OF TENANT In the event Tenant shall fail to comply with any of the provisions of the Lease to be performed by Tenant, Landlord shall have the right (but not be obligated) to perform any such provisions, and Tenant agrees to pay to Landlord on demand, sum equal to the amount expended by landlord in the performance of such provisions. Landlord's actions under this Article shall not constitute an eviction of Tenant, in whole or in part nor relieve Tenant from the continued performance of all covenants, conditions and agreements of this Lease, nor create any liability for any claims for loss or damage to Tenant or anyone claiming through or under Tenant. ARTICLE 21: NOTICES Notices and demands required or permitted to be given hereunder shall be in writing and given by personal delivery or be sent by certified mail to the parties entitled thereto, directed to them at the address stated under their name on the signature page of this Lease or to such other address as was last specified respectively by written notice by Landlord or Tenant. Notices and demands shall be deemed to have been given when deposited in the United States mail or, if made by personal delivery, then upon such delivery. ARTICLE 22: SUCCESSORS AND ASSIGNS All covenants, promises, conditions, representations and agreements herein contained shall be binding upon, apply and inure to the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. As used in this Lease the word "Tenant" shall include, where appropriate, any party or parties having or making claim to the leasehold interest herein, it being understood and agreed, however, that the provisions of Article 17 hereof are in no way impaired by this Article 24. ARTICLE 23: REPRESENTATIONS AND INTERPRETATIONS It is understood and agreed by Tenant that Landlord, its agents and employees have made no representations or promises with respect to the Premises or the making or entry into this Lease except as in this Lease expressly set forth and that no claim or liability, or cause for termination, shall be asserted by Tenant against Landlord for, and neither Landlord or its agents and employees shall be liable by reason of, breach of any representations or promises not expressly stated in this Lease. The parties hereto agree that it is their intention hereby to create only the relationship of Landlord and Tenant, and no provision hereof, or act of either party hereunder, shall ever be construed as creating the relationship of principal and agent, or a partnership, or a joint venture or enterprise between the parties hereto, or to render either party hereto liable for any of the debts or obligations of the other party. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one tenant and to either corporations, associations, partnerships or individuals, males or females, shall in all instances be assumed as though in each case fully expressed. References to "Landlord" herein shall be interpreted as including the title holding Trust and Landlord's beneficiaries, who shall have the right to enforce the obligations of Tenant in this Lease set forth in their own names or through an agent. The laws of the State of Illinois shall govern validity, performance and enforcement of this Lease. The submission of this Lease for examination does not constitute an offer to lease or a reservation of or option for the Premises, and this lease becomes effective only upon execution and delivery thereof by Landlord and Tenant. The captions of this several articles contained herein are for convenience only and do not define, limit, describe or construe the contents of such articles. This Lease sets forth all of the covenants, promises, agreements, conditions, and understandings between Landlord and Tenant concerning the Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. If any provision of this Lease is held to be invalid, such invalid provision shall be deemed to be severable from and i shall not affect the validity of the remainder of the Lease. ARTICLE 24: LANDLORD'S FEES Whenever Tenant requests Landlord to take any action or give any consent required or permitted under this Lease, except as otherwise provided herein, Landlord may do so in its sole discretion and Tenant will reimburse Landlord for Landlord's reasonable out -of- pocket costs incurred in reviewing the proposed action or consent, including without limitation attorney's fees, engineer's fees and architect's fees within ten (10) days after Landlord's delivery to Tenant of a statement of such costs. Tenant shall be obligated to make such reimbursement without regard to whether Landlord consents to any such proposed action. ARTICLE 25: BROKERAGE FEES I Tenant agrees to pay and to hold Landlord harmless from any cost, expense or liability (including cost of suit and reasonable attorneys' fees) for any compensation, commission or charges claimed by any realtor, broker or agent with respect to this Lease and the negotiation thereof other than a broker with whom Landlord has signed a written agreement. ARTICLE 26: PROHIBITION AGAINST RECORDING Any recording of this Lease, or any writing or memorandum with respect thereto by Tenant or by anyone acting through, under or on behalf of Tenant shall make this Lease null and void at Landlord's election. IN WITNESS WHEREOF, the parties hereto have executed this Lease and the attached Riders on the date first above written. Exhibit A - Shouuin2 Center Site Plan Exhibit B - Rules and Reimlations Exhibit D — Work to be performed by landlord TENANT: City of Yorkville LANDLORD: Crestlake Holdings, L By: Valerie Burd, Mayor By: Dean Tomic , MembeY ADDRESS OF TENANT: ADDRESS OF LANDLORD: 800 Game Farm Road 2250 Weber Road Yorkville, IL 60560 Crest Hill, IL 60403 t - sa'-2' 1 30 # 20' -0° 20' -0° 20' -0" # 31 1 -0° t , >pi %"s t t War ; -- 1 STORY 16 UNIT BLDG. , FIN FLR. EL. • 111.5 0 h IF l wt a / a 103 !I >«av Imo, I� I I � uu: o C. t� s n� O p IuSF rq uu 9' ID - � IPT f e7 - Ef11 Y N ua c u• e N I , ^ N up v 1 1 tal 74 I I i Nr�TE; I CI _ _ THIS DRAWING IS A PARTIAL SITE PLAN HOWING SITE PLAN THE OVERALL BUILDING PLAN TAKEN FROM. THE 1 = 50 - NORTH CONSTRUCTION DOCUMENTS SET DATED 03- 17 -06. 0 25 50 100 150 ALL DIMS. TO CL OF INT. PART. OR TO OUTSIDE OF EXT. WALLS. ALL DIMS. TO BE VERIFIED IN FIELD, PROD. NO.: PAGE NO.: M IN IN HEALY, 13ENDER & ASSOCIATES, INC. 10-2805 NEW COMMERCIAL CENTER ARCHITECTS ENGINEERS PLANNERS DRAY}M BY: ROUTE 47 & 71 *MI s MDa AVL 9AMK E a 6Md 1n 630. 904.,700 FU MMLIM AD OO FOR 12-20-06 CRESTLAKE HOLDINGS, LLC ' COPYRIGW © 2006 WALY, BFJW & ASSOCIATES, INC. REV19ON: YORKVILLE, KENDALL COUNTY, ILLINOIS 1 EXHIBIT B RULES AND REGULATIONS Tenant agrees to comply with and observe the following rules and regulations: I) Tenant shall not place or maintain any sign, advertising matter, lettering or decoration of any kind on the exterior door, wall or window of the premises, or the gIess of any window or door of the Premises, without first obtaining Landlord's written approval and consent. Tenant further agrees to maintain such sign, advertising matter, lettering, decoration or other thing as may be approved in good condition and repair at all times. 2) All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances designated for such purposes by Landlord. 3) All garbage and refuse shall be kept in she kind of container specified by Landlord, and shall be placed outside of the Premises prepared for collection in the manner and at the time and places specified by Landlord. 4) If the Premises are equipped with heating facilities separate from those in the remainder of the Center, Tenantshall keep the Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. S) Tenant and Tenant's employees shall park their cars only in those parking areas designated for that purpose by Landlord. 6) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein. 7) Tenant shall not bum any trash or garbage of any kind in or about the premises, or the Center. 8) Tenant shall not make noises, cause disturbances, or create odors which may be offensive to other tenants of the Center or their officers, employees, agents and customers. 9) Tenant shall notcommit 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 tenant in the building in which the Premises may be located, or in the Center. 5 Exhibit D — List of work to be completed by landlord within two weeks of lease commencement date: Landlord shall put up drywall on all interior walls and install restroom facilities per the United City of Yorkville's building codes, and install electrical outlets and lighting per the National Electric Code for Commercial Buildings, year 2002 (unamended). i No drop ceiling is required for the project, unless desired by the Landlord, and shall be installed at the Landlord's expense. i