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R-550 - 01/28/1992 - AGREEMENTS - Resolutions AG-^Ne L.sAsir A&&e&mUT II S fcE ALAO: F`t eso j RESOLUTION R-550 �I I RESOLUTION AUTECKSnu THE LION OAF i ii LEAS! �I I ' I BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE or OAK BROOK, DU pAGE AND COOK COUNTIES, ILLINOIS as follows: section im That the Village President and Village clerk are authorised and directed to execute a Lease with the Dupage Mayors and Managers Conference for use of the property at 1220 Oak Brook Road, Oak Brook, Illinois, which lease shall be in substantial conformity with the form of lea" attached hereto as Exhibit °A", provided that the DuPage Mayors and Managers Conference furnish the Village Manager with evidence of a commitment for firm financing of the leasehold improvements set forth in the lease. The evidence of financing shall be in a form approved by the Village Attorney. PASSED AND APPROVED this 28th, day of January , 1992, by the President and Board of Trustees of the Village of oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Kra£thefer, Payovich, Skinner and Winters Mays: Trustees Aartecki and Shumate Absent: None Abstain: None Village President ATTEST: it Vil age Clerk I Ii i II Q OEONGS E.COLE' ^�S50 E.NO.s low LEOAL FORMS. S LEASE zed wift wwwo-ft naM#„*ftVW Mr9w�rtrM'wMNaid�dMrwn!MI;d�Y�,,,br�pNreulrpwPa�. DATE OF LEASE .13111A OF LEASE -- - - it 6nninle KNOI February 1-- — January 31. 2007 1992 ' 1992 - �._ --January 28 , �----- -------- --- .,-- lae�tlon el Fnmisn� -� ._1220 Oak Brook Road, Oak Brook, Illinois 60521 _- mo>a Office IJ&MR Lamm WAE VILLAGE OF OAK BROOK RAME DuPAGE MAYORS AND MANAGERS CONFERENCE 1200 Oak Brook Road =DRESS 500 North Gary Avenue Oak Brook, IL 60521 city Carol Stream, IL 60188 CITY herein s In from Lessor solelhfor the above urpose the premises designateddabo a (the"Prycmisea Ito ), together with the ree hereby leases Y tenancy thereto, for the above Term. hessoror�'s"agent•as rent-ftR-the Pnebove-eir-se sd� RENT 1. LeaseesF►altFay this�fease;�t-besser�addroas seeted-abovterau may WATER, 2. Lessee will pay,iR-sddititurto -eve-Specified, all water Neater as and electric light and GAS AND power bills taxed,levied or charged on the premises, li ht and power war shall not be paid this when due,granted. 'ELECTRIC ES and in case said bills for water, gas,electric y i CHARGES shall have the right to pay the same,which amounts so paid,together with ones he first to daycC the Premises in a clean and healthy condition, as herein specified, are p Y of the next month. Lessee i SUBLETTING; 3. The Premises shall not be sublet in whole or in part to other} tt„ card nd� ASSIGNMENT shall not snip this Itase.wlthertt;iR�aek ease; nor permit to take place by any act or default of himself or any pin we hoe blease the Premises,rnm operation of law of Lessee's interest created herebyo��"or any other similar sign or notice in any place, any rtion thereof, by placing notices AU-aigrts'oC"T no #�t�i � y newspaper or lace es manner whatsoever without, in r a {tad-atid It Lessee,oa-as3� fte-more tharronr,shall make an assignment for the benefit of creditors, or shall be adjudged a bankrupt, Lessor he then valuetof event deetoethelPromisesoby Lessee,essoK. as liquidated damages. LESSEE NOT 4. Lessee will-not Iermlt any unlawful or immoral practice,with or withaut his knowledge or consent TO MISUSE to be committed or carruxi an in the Premises will increase the rate of Insurance thereon, nor for nany apur the Premises to be used for any purpose pose other than that hereinbefore Specified. Lessee will not keep or use or permit to be kept or used a oa on he Premises or any place contiguous thereto any flammable fluids or explosives, without the we 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 and 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 air representations mtprove the to Premises,have nbeen made by thereof, o hit nc POSSESSION agreements or promises to decorate,alter,rep p 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 he statutes and ordinances in such cases made and provided, and the NANCE directions of public officers hereunto duly authorized,all at his own expense,and shall yield the same bacl to Lessor upon the termination of this lease,whether such termination shall occur ay expiration of aheat term, or In any other manner whatsoever, In the some condition of cleanliness, repair date of the execution hereof, loss by fire and reasonable wear and tear excepted. Lessee shall make ai necessary repairs and renewals upon Premises and replace broken globes,glass and fixtures with material of the slime size and quality as that broken and shall insure all glass in windows and doors of the Premises a! his own expense. If,however,the Premises shall not thus be kept in good repair and in a clean,sightly ant healthy condition by Lessee,as aforesaid.Lessor may enter the same,'himself or by his agents,servants of employes, without such entering causing or constituting a termination of this lease or an interference WIO the possession of the Premise:by Lessee.and Lessor may replace the sane in the some condition of repair, sightliness,healthiness and cleanliness u existed at the date of execution hereof, and Lessee agrees to )t at Lessor,4,,,ddit O*40-tha-"*I-hareby,~ivm sn the�ue,miwof or liver act of repwrteng the or o�Premises In to condition. Lessee shall not cause or perm y ill or electric fixtures. Lessor shall provide snow removal service to the parking lot o the Pr rises. •F ACCESS TO 7. Lessee will allow Lessor or any person authorized by Lessor free access to the Premises for the PREMISES purpose of examinin or exhibiting the same,or to make any repairs or alterations thereof which Lessor ttta) see fit to make,and�sree will allow Lessor to have placed upon the Premises at all times notices of"RR01 Sale"and"For Rent",and Lessee will not interfere with the Game. NON- 8. Except as provided by Illinois statute Lessor shall not be liable to Lessee for any damage or "fury'to LIABILITY him or his property occasioned by the failure of Lessor to keep the Promises in repair.and shall not be Batik pen OF LESSOR any injury done or occasioned by wind or by or from any defect of plumbing,electric wiring or of ittsula thereof.gas pipes,water III ppaaI or steam pipes,or from broken stairs,porches,railings or walks,or fte>ttt backing u of any sewer r tor,or f%m trhe�baunor 6 Inking or tutming.of any tank.l p,,,_ tank le.union or About IM Pramisltt tom. . R-55a building of which are a part nor from the escape of steam"water from any radiator,it being agreed that said radiator under the control of Lessee,nor for an h damage or injury occasioned by water, snow or ice bein4 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 failing 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 ar 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 IONS(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 furnitureAwhich consent shall not be unreasonably withheld HEAT 10. w4mwo- 4b*-i&.Ip tipped 4or-4bapur{+osar6sssef.sbaW f-snick le-bessee-a-mososable M of heat, from October 1st to May lst, whenever in Lessor's judgment necessary for co.RJEWtablesse of the Premises, during customary business hours (excluding Sundays and holida ry,S�.,4Mt1 t earlier than 8 a.m. nor later than 6 p.m. unless specifically stated herein. Lessor dges-net-Warrant that heating service will be free from interruptions caused by strike, accident pt othereV a beyond the reasonable control of Lessor, or by renewal or repair of the heating pppaFmv§"n the building.Any such interruption shall not be deemed an eviction or disturbance pf_LesseVs use and possession of Premises, nor render Lessor liable to Lessee in damages. All glaitns-Sgainst Lessor for injury or damage arising from failure to furnish heat are hereby egltrr"Irw wed-b.,-Lessee. Lessee shall heat Premises at its own expense. 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. TERMING- 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 Lesser at the place of payment of rent. If Lessee retains pos- OYER session of the Premises or any part thereof after the termination of the terns 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 monthly rental specified in Section 1,or (c) creation of a tenancy at sufferance, at a rental of —dollars i30�•0� 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 unoccupied REMEDIES 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(te-tfirexteneTwr _red brlavr}wr<ho>tt—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 ossession,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(to the extent permitted by law)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 reasonabl�be necessary,and Lessor may re-possess himself of the Premises as of his former estate,but such entry of tfie 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 demand 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 acceptance 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 light 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 anyway,the Premises,or RELET any part thereof,may,but need not(except as provided by Illinois statute),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 period 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 sufficient etting thereof;and if a sucient 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 alt deficiency;but the acceptance of a tenant by Lessor,in place of Lessee,shall not operate as x conrellat on 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 tonto of the obligations of Lessee arising hereunder. OSTS AND 13. 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,wit oat Lessor's fault, become A KENT :uit ort uit�s ibis true a lawful attorney f him and in h�KYMOW-od�n h-�in a be brow h t in any court in this Staime when 0 �atorq' s hereunder fo rent or otherwi*o waive the Issuing of process and trial by jury or otherwise, ant to confess a judgment err judgments for such money%duavn oil or costs of suit and for reasonable attorne ' fees in favor of Lessor,and to release all tlfat may oixur or intervals in such Proceedings.includint the issuance of execution upogaaylioN nk and to stipulate that no writ of error or appeal shall bi prosecuted from W&4%i t it or judgments,nor any bill in equity filed,nor any proceedings of any kinc taken iR)aworTquid-sltaroamoniF ty to interfere is aay way with the operation of such judgment or judgments or of execu- tiarF�esue •te-oenssM-tftat-execatiee-pray'•3nta�edieeeir-imae�thereeta LESSSOR'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 rely the same under the orders of the court appointing him. REMOVAL 19. In event any lien u n Lessor's title results from an act or neglect of po Y Lehe lien and Lessee fails .OF OTHER to remove said lien within ten days after Lessor's notice to do so,Lessor may remove the Ilen by pa 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 darimt-t ire-bsiana-d-theternr.fieeeef;.or NOT during any extension hereof,shall not be deemed to be waived,released or terminated, nor-shall-ths-eight EXCLUSIVE artdpower-te-oenksr judgnrsn! 46--her eel bs.,dosmsd-to4m waiwd,er„s♦�h by the service of any five-dad notice,of r notice to ect,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 Promises. The Lessor may collect and re- ceive any rent due from Lessm,and payment or receipt thereof shall not waive or affect an such notice demand,suit or Judgment,or In any manner whatsoever waive,affect,change, modify or alter any rights or remedies which LLeessssoor may have by virtue hereof. NOTICES 20. Nodoes 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 cry 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) Lou=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 app�y 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 can as though fully expressed. If there is more than one Lesser the warrant of attorney is paragraph 16 Is given jointly and severally and shall authodae the entry of appearance df,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 low,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. See attached Rider for additional Provisions. WnWESS the hands and seals of the parties herelo, as of the Date of Lease stated above. (isAL) Iss�W 18tJhL1 ..�-.tslJlu (L~ nFAQ (i NNN ISKAU ASSIGNMENT BY LESSOR on this 19 for value received,lessor hereby tratsfeM assigns and sets over to all right,title and Interest in and to the above Lassa and the rent thereby reserved, except rent due and payable prior to 19.. (WAL) (am) GUARANTEE on this , 19-In consideration of Tan p�lers($10.00)and other good and valuable consideration,the receipt and su f clancy of which is hereby ac 1 ,the undersigned tiuwantor hereby guarantees the pay�tt of rent and perormance by Lessee,Laces heirs,executors,administrators,successors or anlgns of all covenants and sereomenta of;he above leap. _lKAtt •—tthuu.! LEASE RIDER RIDER ATTACHED TO AND MADE A PART OF LEASE DATED JANUARY 28, 1992 BY AND BETWEEN DuPAGE MAYORS AND MANAGERS CONFERENCE, LESSEE, AND THE VILLAGE OF OAK BROOK, LESSOR, FOR USE OF THE PREMISES AT 1220 OAK BROOK ROAD, OAK BROOK, ILLINOIS: 23. IMPROVEMENTS: All work required to complete and place the Premises in finished condition for opening business, including, but not limited to the work set forth in Exhibit A, attached hereto, shall be done by Lessee at Lessee's expense, and in accordance with the governing building codes, on or before August 1, 1992. Lessee shall obtain the Lessor's prior written approval of all plans and specifications before undertaking any improvements or alterations to the Premises, which approval shall not be .nreasonably withheld. This written approval is in addition to any permits which Lessee is required to obtain from the Village of Oak Brook prior to commencing work at the Premises. Any such improvements or alterations (including the work set forth in Exhibit A) shall become the property of the Lessor and considered leasehold improvements, without any compensation to Lessee, except as set forth in paragraph 29. No such improvement shall be removed from the Premises, except as the Lessor and Lessee may agree in writing. 24. CONDITION OF THE PREMISES: Lessee has examined and knows the condition of the Premises and acknowledges that no representations as to the condition and repair thereof have been made by Lessor, or his agent, prior to or at the execution of this Lease that are not herein expressed. 25. ACCESS: Subject to applicable zoning and other ordinance requirements which may be in force and subject to the requirements of any permitting authority, including, but not limited to the DuPage County Highway Department, Lessor agrees to allow Lessee to construct at Lessee's cost, a driveway upon the Premises which accesses Oak Brook Road (31st Street) and/or a two-way drive onto Jorie Boulevard. Lessor agrees to repair the existing access drive to the Premises at a cost not to exceed $700, provided that Lessee promptly reimburses Lessor for this expense. In the event that the existing access becomes unavailable, Lessor agrees to use its best efforts in obtaining alternative access to the Premises. 26. LESSEE INSURANCE: Lessee shall at all times and at its own expense, obtain and maintain during the term of this Lease, including any period prior to the beginning of the term during which possession has been taken by Lessee, the following insurance: A. Fire and extended coverage on its contents; and B. Comprehensive general liability and workmen's compensation insurance naming Lessee and the Lessor on the insurance of a Certificate of Insurance as the insured party in the general liability policy and protection of said insured party against any and all liability whatsoever and howsoever occasioned by reason of injury to persons from date Lessee has possession for any purpose, or any extension of Lease term, in the amount of $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The amount of workmen's compensation insurance shall be not less than 71,000,000, or such greater amount as may be required by statute. All liability policies shall cover the entire demised Premises. All policies of insurance secured under.this paragraph shall be written by insurance companies satisfactory to Lessor or with at least an "A" Best Company rating. All such policies shall provide for at lease five (5) days' written notice to Lessor before cancellation and Certificates of such Insurance shall be delivered to Lessor prior to the day the Lessee takes possession of the leased Premises. Lessee shall not violate or permit a violation of any of the conditions or terms of any such insurance policies and shall perform and satisfy all reasonable requirements of the insurance company issuing such policies. Said policies shall insure the "Hold Harmless" clauses contained herein. C. Lessee shall pay any increase in Lessor's general insurance policy for the building by reason of the Lessee's lease of the Premises. D. Lessee shall provide proof of the above insurance upon request by Lessor. 27. SAVE HARMLESS: Lessee shall protect, indemnify and save harmless the Lessor from and against any and all claims, demands and causes of action, for injury to or death of persons, or loss of or damage to personal property, occurring on the Premises, in any manner growing out of or connected with Lessee's use and occupancy of said Premises. 28. SUBORDINATION: The Lessee agrees that this Lease shall be subordinate to any mortgages or trust deeds that exist or may hereafter be placed upon the Premises, to any and all advances made: or to be made under them, to the interests and obligations secured by them, and to all renewals, replacements and extensions thereof. Provided, however, the mortgagee or beneficiary named in any mortgages or trustee's deeds hereafter placed upon the Premises shall recognize the Lease of the Lessee in the event of foreclosure if the Lessee is not in default under the terms of this Lease. 29. TERMINATION: Either party may terminate this Lease upon one year's prior written notice, provided that the Lessor may not terminate this Lease prior to January 28, 1997. In the event that Lessor terminates this Lease prior to the expiration of the fifteen (15) year term, Lessor shall compensate Lessee as follows: Number of years or Actual Cost of portion thereof X Leasehold Improvements* remaining in the 15 Years 15-year term *To be approved in writing by Lessor prior to occupancy by Lessee, which approval shall not be unreasonably withheld I 30. EXTENSION OF LEASE: Lessee :.any extend the term of this Lease for an additional five (5) years: 1. If it has fully performed all of its obligations under the terms of this Lease, 2. If it gives the Lessor notice of its desire to extend the Lease on or before July 1, 2006, AND i 2 " LiI I 3. If the parties mutually agree on appropriate compensation for such extension on or before October 1, 2006. If any of the above three conditions is not satisfied, Lessee may not extend the term of this Lease. 31. 'BAST DUE PAYMENTS: If Lessee shall fail to pay when due any sums due to Lessor from Lessee hereunder, Lessee shall pay Lessor interest upon the delinquent payment fifteen percent (158) per annum from the date said sums or charges become due until the date said sums or charges are paid in full. 32. SCAVENGER; EXTERMINATOR: Lessee shall be responsible for provision of scavenger service to Lessee's business. Lessee shall be responsible for extermination service. 33. NET LEASE: This is a net lease and all costs involved in the operation, use and possession of the Premises, except the snow removal service described in paragraph 6, shall be borne and paid by Lessee. 34. CONSTRUCTION: If the terms of this Rider and the printed terms of the Lease are in conflict, the terms of this Rider shall control. LESSOR: LESSEE: VILLAGE OF OAR BROOK, DuPAGE MAYORS AND a municipal corporation MANAGERS CONFERENCE ATTESTt:���� ATTEST. i i f 3 _ I (I LUSSHOLD 1220 OAK BROOK ROAD BUDGET ESTIMATE 1220 OAK BROOK ROAD Shall and Cora and Tenant Improt"=r-s I II I. SHELL AND CORE ii A. MECHANICAL SYSTEMS 1. Replace the two air cooled condensers - appears $ 7,140.00 to be original equipment (approx. 23 years old) and are quite beat-up. l 2. Clem the two existing furnaces and their S 2,420.00 jI related Cositrol systems and dampers. �! 3; Install two mm heating-coaling th*%=stats 725.00 complete with night set-back and 24 br. - 7 day tiasas for the existing HDAC systems. 4. Install two.new roof top emits to handle the two � 7,500.00 taw Conference Rooms, each eith its owes 24 hr. 7 day tchavoosut. 5. Electrical lighting and pater rehabilitation and $14,325.00 fixtWas. 6, Pltambing - tasndicapped coda rehabilitation and $ 1,800.00 fixtures. MECHAN11CAL SUBTOTAL $38,910.00 ii i I i� zmxBIT eve l 1 = I� I ii B. AMITECT®RAL 1. Sits Conditions I' a. Patch drive to 31st Street (Oak Brook $ 6,000.00 Road) 20' x 150' - 3,000 s.f. i b. Resurface. strips, parking lot, roadway $ 5,700.00 +/- 100' x 60' + 15 x 100' - 4,500 SF II c. Ramvs stair, sidewalk and construct $ 1,750.00 ramp 701 x S' - 350 SF d. Construct now walk and parking lot $ 700.00 handicapped rolled curb 40' x S' - 200 Sr i' e. Cap well hexed in parking lot if no $ 550.00 j longer in use (allowance) �I f. Parking lot lighting 2 -20' pales with 3 $ 7,500.00 t lasips each g, Entry walk lighting $ 1,200.00 h. Repair brick dage at loading dock $ 500.00 sa i. Landscape at new rasp construction $ 500.00 SITE CONDITION SUE-TOTAL $24,700.00 I j i � I i �i it i 2 B. building Exterior a. Remove existing roofing, flashing, metal $12,470.00 copings, ace. and provide new single-ply membrane roofing, copings, flashing, etc. (2,900 SF x 4.30/s.f.) b. Repair corners of mansard wood shingle& (not $ 2,000.00 total replacement) c. Repair water damaged wood fascias, soffits, $ 51000.00 and Cris (allowance) d. Rpstain exterior wood including mansard S 2,500.00 shinglsa s. Repair brick retaining walls, cracks. ate. $ 51000.00 f. Replace all exterior aluminum windows with $12,000.00 thermally broken altmi== frames and insulated glass. (approx. 600 SF x $20 SF) This will include new pips column cladding. g. Repair or roplace exterior soffit $(2,000.00) lights/(optional) (20 x $100/ea) h. Reconstruct southerly brick courtyard $ 2,000.00 retaining wall or remove and reconfigura. L. Replace entrance windows. deoxs and wall $ 4,500.00 section with new alb frame and insulated glass 180 SF x $25/Sy. SOIL,DIHG EIaMOR SUB-TOTAL $45,470.00 i i 3 i I' 2. TM= IMIIROVEVMITS A. BMLDIITG I' IOR �i 1. 0smalish existing ceilinga, non-boating S 2.000.00 j carcitions, partial brick wall. floor overings, *cc. (SO manhours x $30/hr. !' with dunpstsrs) 'I �j 2. Main floor tanent build-out iypr0v4Wmts $ 54,000.00 as par May 30, 1991 floor plan (allow $22/SF x 2,900 SF) 3. Partition $ 6,250.00 4. Cabinets $ 11000.00 5. Bast clean-up, painting, lighting.` $ 20.00.00 j flooring, built-ins, etc. (1.000 ST x $10/SF) it 6. Firs sprinkler required on aafn float and $ 10,250.00 I bank-flow valve, add 7. Vital wall covering $ 7,500.00 7 DA g. 8. Padding under carpet s�' BUILDING IV=OR SUB-TOTAL $101.700.00 i 1A. Mechanical $ 34.910.00 $ 24,700.00 1B1 Site Conditions $ 45,470.00 182 Building Exterior g1®1.700.00 2A Building Exterior TOTAL $210,740.00 j i! sdd4j4ojjj&I GR $ 23,400.00 Architectural Fees Design/change order contingency TOTAL PROJECT Bt1DGET $2519180-00 �I AV.1-23-92 bu"xtob\b:c a 4