Mailed Lease 6/16/92
LEASE
This Lease made June June 16, 1995 between LaGrange State
Bank, as trustee under Trust #4812, of the Village of LaGrange, in the County of
Xxxx and State of Illinois, hereinafter called "Landlord" and American Medical
Alert Corporation, hereinafter called "Tenant".
PREMISES
Room 103 and 105 in the ofice Building located at the commonly
know address of: 000 Xxxx 00xx. Xxxxxx, Xxxxxxxxxx Xxxxxxxx.
TERM
Comprising of office space on the first floor of said Building
for a term of (2) two years, commencing July 10th 1995 and ending July 9, 1997.
RENT
1. - The Tenant shall pay to the Landlord as rent for the
Premises the sum of One thousand two hundred and fourty dollars ($1,240.00 in
advance on the first day of each month during the term. Rental payment as to be
made to Landlord at 0000 Xxxxxxx Xxxxx, Xxxx Xxxxx, Xxx. 00000, or as
designated.
2. - The Landlord warrants and represents that neither the
present use of the Building, nor the use of the Premises as a business office is
in violation of any law, order, ordonance, requirement or regulation of any
governmental authority, and it covenants that it shall maintain the premises in
connection with any duty imposed upon it under the terms of the Lease and under
any other agreement, in such a manner so as to comply with all present and
future laws, orders, ordonances, requirements and regulations of all
governmental authorities affecting the Premises.
TENANT'S USE
3. - The Tenant shall use and occupy the Premises as a business and for the
normal and customary uses of operating.
SUBLETTING AND ASSIGNMENT
4. The Tenant shall not sublet the premises or any part
thereof, nor assign this Lease, without the prior written consent of the
Landlord, which consent shall not unreasonably be withheld by the Landlord.
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END OF TERM
5. The Tenant shall, at the expiration of the term, or any
renewal or extension thereof, surrender the Premises in as good condition as the
time of the initial possession is delivered to Tenant, except for ordinary wear
and tear.
SERVICES
6. The Tenant shall pay its electric and heating bills,
however, as part of the consideration for the payment of the rent above
specified, the Landlord, at its own cost expense, shall furnish, supply and
properly maintain for the Tenant the following services, utilities and
equipment;
(a) Heating System
(b) Air Conditioning System
(c) Hot and Cold Water
(d) Adequate Parking for Tenant and Staff
(e) General Security
REPAIRS
7. The Landlord shall, at its sole cost and expense, make all
repairs in and to the building and Premises, except when the disrepair
(exclusive of any disrepair resulting from fire, smoke or explosion) is directly
attributable to the negligence of the Tenant, its servants, agents or employees.
In the event breakdown or needed repairs to Premises and equipment herein
referred to, the Tenant shall notify the Landlord or its agent of such breakdown
or needed repairs and the Landlord shall immediately cause such repair and or
replacement to be made; however, should the Landlord fail to begin to make
repairs and or replacements as are necessary to correct such condition within
ten (10) days from the date of notice (except that in the event of a breakdown
in the heating or air conditioning system or any condition requiring repairs of
any emergency nature, the period shall instead be limited to two (2) days). The
Tenant may, but shall not be obligated to do so, cause such repairs and/or
replacements to be made and the cost thereof shall be paid to the Tenant by the
Landlord upon demand or at the option of the Tenant to be deducted from the rent
payable. The tenant shall permit the Landlord and authorized representatives of
the Landlord to enter the Premises at times convenient to the tenant and upon
reasonable notice to the Tenant (except in case of emergency) for the purpose of
inspecting, making any repairs and performing any work therein as may be
necessary for the Landlord to comply with the provisions of this Article.
Landlord, in the performance of any such work, shall cause as little
inconvenience, annoyance, disturbance or damage to the Tenant as may reasonably
be possible under the circumstances.
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ALTERATION
8. The Landlord does hereby agree that the Tenant, at its own
expense, may rearrange the Premises from time to time as may, in the opinion of
the Tenant, be necessary; provided, however, that any such rearrangement shall
not adversely affect the structural soundness of the Building. The Landlord
further agrees that at the end of the term or any renewal thereof the Tenant may
quit or surrender the Premises as rearranged subject, only to the provisions of
Article 5 hereof. It is expressly agreed that the Tenant may securely attach to
the premises, with screws or otherwise, such fixtures or other articles as may
be convenient for the conduct of its business, including but not limited to,
desks, counters, partitions, shelving, lighting, fixtures and safes. Said
fixtures may be maintained during the continuance of the term and any renewal or
extension thereof, and all such installed by the Tenant shall remain the
personal property of the Tenant and at its election may be removed by the Tenant
at, or prior to, the expiration of the term or a renewal or extension thereof,
provided that the Tenant shall repair any damage caused by such removal.
DAMAGE OR DESTRUCTION
9. In case of the total destruction of the Building or of the
premises by any cause whatsoever either during the term or prior thereto, or
during any renewal or extension period, or in the case of such partial
destruction thereof as to render the Premises wholly untenantable and unfit for
the Tenant's occupancy, then in any such event, the term shall cease and
terminate as of the date of such damage of destruction, and the rent, including
rents paid in advance, shall be adjusted and apportioned as of such damage or
destruction; provided, however, that should the Premises be capable of
restoration to its previous good tenantable condition within sixty (60) days
from the happening of such damage, the Landlord shall enter and at its sole cost
and expense repair the same with all reasonable speed, and the Lease shall
continue in full force and effect, but no rent shall accrue after said damage
until such time as the repairs shall have been completed. Delay of more than
fifteen (15) days by the Landlord in commencing repairs in a case in which the
Premises are capable of restoration within sixty (60) days, shall entitle the
Tenant to declare the Lease terminated as of the date of the happening of such
damage. In the event of the partial destruction of the Premises not rendering
the Premises wholly untenantable by any cause whatsoever, the Premises shall be
immediately repaired or restored by and at the sole cost and expense of the
Landlord and the rent, until the completion of such repairs or restoration,
shall xxxxx in proportion to the area of Premises which is unusable by the
Tenant.
The Landlord expressly warrants that it has and will maintain
sufficient insurance to carry out the terms of the lease.
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INSURER'S LIABILITY
10. The Landlord hereby expressly releases and discharges the
Tenant, its servants, agents and employees, from any claim or cause of action
for any loss or damage whatsoever resulting from any fire, smoke or explosion in
the Building or the Premises it being the intention of the parties that the
Landlord shall look only to its insurance carrier for payment of such loss.
EXTERIOR MAINTENANCE
11. The Landlord shall maintain in good repair and keep clean
the parking area, and all driveways and walks in front of or adjacent to the
building, and shall promptly remove all ice and snow therefrom, and the Landlord
does hereby agree to indemnify and hold the Tenant harmless from all loss,
damage or claim arising out of the Landlord's failure in this regard.
12. So long as the Tenant shall perform and observe all the
covenants, agreements and undertakings of this Lease on the Tenant's part to be
performed and observed, the Tenant shall have quiet peaceful and uninterrupted,
use and enjoyment of the premises.
CONDEMNATION
13. In the event of the partial condemnation of the Building
or the parking area, the Tenant shall have the option to cancel the Lease
effective as of the date governmental authority takes physical possession of the
property.
SIGNS
14. - Permission is given the Tenant to letter its entry door
to its specific premises with its name. No exterior sign or window lettering
shall be permitted on the property without prior written consent of the
Landlord. The Landlord shall erect a marquis announcing the address of the
Buulding.
15. - At the termination of this lease Tenant will yield up
immediate possession of the premises to Landlord, in good condition and repair,
loss by fire, smoke or casualty, and ordinary wear and tear excepted, and will
return the keys therefor to Landlord at the place of payment of rent. If Tenant
retains possession of the premises or any part thereof after termination of the
term by lapse of time or otherwise, said possession shall be considered a
tenancy at sufferance of $120.00 per day for the time Tenant remains in
possession., Tenant shall also pay to Landlord all damages sustained by Landlord
resulting from retention of possession by tenant. The provisions of this
paragraph shall not constitute a waiver by Landlord of any right of reentry as
herein after set forth nor shall receipt an 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.
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SECURITY DEPOSIT
16. - Tenant shall pay a security deposit in the sum of
$1,240.00 at the time of payment of the first month's rent under this Lease,
which said security deposit shall be retained by the Landlord until the
expiration of this Lease by lapse of time or otherwise. Upon vacation of the
Premises the Landlord shall examine the premises and if in good condition,
ordinary wear and tear excepted, Landlord shall return said security deposit to
Tenant. If Premises are damaged by Tenant, Landlord shall use said security
deposit to repair such damage, at which time the balance of said security
deposit if any, shall be returned to Tenant.
OPTION
17. - If Tenant is in good standing and has met all the terms,
conditions and covenants of this Lease, Tenant shall have an option to extend
this Lease for 2 years, starting July 1st. 1997. Tenant shall give written
notice to Landlord not less than four months prior to the expiration of term of
Tenant's intent to exercise the option, said notice to be sent Registered or
Certified Mail. Return receipt requested. In the event that Tenant exercise the
option, the rent shall be raised or lowered in accordance with the cost of
living index of the Federal Government in the same proportions said index is
raised or lowered in comparing the period of the initial, year of this Lease and
the date sexty days prior to the commencement of the extension.
PRONOUNS
18. - The use of the neuter singular pronoun in referring to
the Landlord shall, nevertheless, be deemed a proper reference even though the
Landlord may be an individual, a trustee, a corporation, a partnership or a
group of two or more individuals or corporation.
ENTIRE AGREEMENT
19. - This Lease embodies the entire agreement between the
parties.. There are no Promises, terms, conditions, obligations referring to the
subject matter other than those contained herein. There may be no modification
on this Lease, except in writing executed with the same formalities as this
Lease.
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GM
JAY FOR File
CAPTIONS
20. - The captions are inserted only as a matter of convenience
and for reference and in no way define limit or describe the scope of this
Lease nor the intent of any provisions thereof.
LAGRANGE STATE BANK
AS TRUSTEE UNDER TRUST #4812
BY LESSEE /s/ Xxxxxxx X. Xxxxxx BY LESSOR /s/ Xxxxxxxxx Bibea
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(Authorized Company Officer)
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