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HomeMy WebLinkAboutRESOLUTIONS-1995-006-R-95• • • 1 /4/9 5 6-R-95 A RESOLUTION Authorizing the City Manager to Sign a Lease for a Police Outpost at 1706 Dodge Avenue NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston a lease by and between the City of Evanston as Lessee and Sam Frentzas as Lessor for the store front at 1706 Dodge Avenue for use as a police outpost for a term of one (1) year at a rental of $325.00 per month. Said Lease is marked as Exhibit A attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the lease as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner required by law. Mayor ATTEST: J�Clerk Adopted: 1995 • • E No. 9 l.l,.i'1 [1 STORE LEASE GEORGE E. COLE'' (Rr.PLACES FORMS 9 R. 9-8) FEBRUARY. 1996 LEGAL FORMS STORE LEASE ' CAUTION: Consul[ a lawyer betas using a acting under this loom. Neither the pubhsher nor the seller of this form makes any warranty wdh respect thereto• fochichog any warranty of mnrrhantaMlity, or fitness for a particular purpose. OAll Of 11"A•il TERM or LFA:F MONOII V III NI BEGINNING ENDING I,) J j 00 12/ 1 /1994 - - -- --- --"" - - - - - 1/1W1995 12/31/1rj 15 3%5.00 Location of Premises: 1706 Dod`e Ave. / Evanston, ill / 60201: ST016s Purpose, h�V.f..tl f i'1'Ul i t U.L1C.L, Ul l'L'J:'Ub.l-'. LF4,r;EE LUSSOR NAME CITY OF 1:,Vfl,c`u till': NAME J1i l•_ 1`it ', -..- ADDRESS 2100 K1C1,,e t'.ve. ADDRESS 513 Dorothy or. wanston Ill 60201 ,je^ .t 1.a.inc: 11. 1 ;u, 1 () Cur Pel: (708)866-5000 CI7Y Tel: (706)2U!;-0UU�) In consideration of the mutual covenants and agreements herein stated, Lessor hereby, leases to Lessee and Lessee hereby leases from Lessor solely for (he above purpose the premises designated above (tile "Premises"), together with the appur- tenances thereto, for the above 'Penn. RENT I. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this (case, at Lessor's address staled above or such other address as Lessor may (Icsignme in writing. -WATO 2. Lessee will pay, in addition to the Fell( above specified,-aU-wAlrr onig gas and electric light and GAS AND power bills taxed, levied or charged on the Premises, for and during the time for which this (case is granted ELECTRIC and in case soiid +"altar -rents; -a -I- bills fur gax, electric light and power shall not he paid when due, 1•esu,l CIIARGES shall have the right to pay (lie sank, which al a ilnls so paid, together with any stuns paid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, ;tie declared Ir, he so much additional rent and pay;lblc with the inxtallmeril of real next (file Ihcrcaflcr. SUBLETTING; 3. The Premises shall not be sublet in whole or in part it) any person other than Lcsscc, and Lcsscc ASSIGNMENT shall not assign this lease without, in each case, the consent in writing of Lessor firs, had and obtained; If()[. permit it) take plate by :illy ;let of defaull of hini.,01, or any persun wilhiu his control ally m";nlsfcr by operation of law of Lessee's interest created hereby; nor offer for lease of suhlcasc the I'rcnlises, not any portion thereof, by placing notices or signs of "To Let,•' or any other similar sign or notice in any place. nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the consent in writing of Lessor first had and obtained. It* Lcsscc, or any one or more of the Lessees, it there be more than one, shall make an assignment for the benefit of creditors, or shall he adjudged it hankrupt, Lessor may witninatc this lease, and in such event Lcsscc shall at once pay Lessor a stint of money equal to the entire amount of rent reserved by this lease for the then unexpired portion of the term hereby created, as liquidated damages. LESSEE NOT 4. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent. TO MISUSE, to be committed or carried on in the Premises by himself or by any other person. Lessee will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any pur- pose ofhci than that hcreinbeforc specified. Lessee will not keep or use or permit to he kept or used in or on the Premises or any place contiguous thereto any flammable fluids or explosives• without the written permission of Lessor first had and obtained. Lessee will not load floors heyond the floor load rating pre- �' scrihed by applicable municipal ordinances. Lessee will no( use or allow file use of the Premises for ;any purpose whatsoever that will injul'c file reputation of I hr Premises of of the huilding of which they arc o part t1%C•"tiS 'i".G Onrcd ' 11l lit«, ao vJ,� 1\` r jll(rf t.>, ,y,', ••y,.: l'1 "L':h, �f'n1 u•, 11 H, CONDITION `7 5. LcssefC ate exat�rtnecl Attd-�rnaws the tdn�1�7H}} t)f {lib L FERl7l CS.-111d .It 1F -rel'l IVed-:Ill.-Bain '--111 .�1,1,() ON f='„eccicr fuel tcpaicraritf Bskmoxvledges t�ttt-rxrrcprescrmtionx a4 t<rthe condilinn.and.repair-._thereof, and no POSSESSION „r-iniprove-the. Premiss,- have. heel) made by Lessor o his agcttLju�[iui_Lt> ut_.aLthxc ukkion-ofuhis tease -that arrnnhherein-exprevvrd:°vr•.11.• .••.l tb11•".r c� :Ir,• unit F„ lo..,nnfL d\\ r�vl A.t'S onlj itll.ts (,: rn '.lor?E, REPAIRS AND 6. Lcsscc shall keep (he Premises and appurtenances thereto in a clean, sightly and healthy cro.diuun. MAINTE- and in good repair, all according to (he statutes and ordinances in such cases matte and provided, and the NANCE directions of public officers [hereunto duly authorized, all at his own expense, and shall yield the same back I to Lessor upon the termination of this lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the sani-� condition of cleanliness, repair and sightliness as a, the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises of his own expense. If, however, the Premises shall not thus he kept in good repair and in it clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same, himself or by his agents, servants or employes, without such entering causing or constituting a termination of this lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lcsscc agrees to Imy 41 Lessor, in addition to the rent hereby reserved, die expenses of Lessor in fhus replacing the I'Icnaisc•s in Ihnl condition. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water. gas �( or electric fixtures. / d!•6Fi �-h< o A,4- -' Inc, (.tc nCK ✓.'b� 11f„rr It1r •C (;i) (((, r/',[ ,'r i:. �1-�•J ACCESS 'P �� 7.., Lessee will allow Lessor or any person aulhorizel by Lessor tree access t I file Prcrimes for flit: PREMISES purpose of examining or exhihiting the same, or to make any repairs or alterations thereof which Lessor nlay sec lit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For • Sale" and "For Rent", and Lessee will not interfere with the same. NON- 8. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to LIABILITY him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for OF LESSOR any injury clone or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pies or steam pipes, or from broken stairs, porches, railings or walks, or from the backing tip of any sewer pipe or down -spout, or from the bursting, leaking or running of any tank, full. washstand, water closet or waste pipe, dram, or any other pipe or tank in, upon or about the Premises or the 0 • 0 building of which they are a part nor from the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Lessee, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walks or any other place upon Premises, fur damage injury done occasioned by the falling of any or near the or otherwise, nor any such or or • Iixture, plaster or stucco, not for any damage or injury arising from any act, omission or negligence of co -tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any such daniage or injury being hereby expressly waived by Lessee. RI, ,S1'RIU. 9. Lessee shall not aUach, affix or exhibit or pcvnul to be attached, affixed or exhihited, except by TIONS (SIGNS, Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writing ALTER- or printing thereon, to any window, floor, ceiling, dour or wall in any place in or about the Premises, or upon Al MNS, any of file appurtcmmces thereto, without in each case thee written consent of Lessor first had and obtained; I.IVI'liltl•.S) and .hall not conunil of suffer any w;l,lc in of aboul ,aid plenliw.l and shall slake no changes or alterations III [lie Ple'llllscs by the election nil parillions or till' papering lit walls, of otherwisc, without the consent ill 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 floes not desire to retain the sanic, 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, cyuipinent and moveable furniture. I L. \ F 10. W1416 - )kl ittrtlg rh-rt(k+i ccf klr the Ptrr'�.... I._..., ; Ll kfa t+�rl+ f+ ter rV rr-a-ie:+l,k++t 14'it ' +}lk/t+tkt- t,l w 4o l i e VrF- in -L es! Hi-ti jUkigfiiHkl ilkk r baf y �klt-tik/I1 dUl t kbll In d Uf - l ail - 44C1lliSe!;-111:112I41g--OlitikH ' :;), a3UF II,A .:*it'! t!F-kfitkri--�,-ii:f#F. nkx--later Lt;stiklt-*k44!,-+a+t w':kkkknF-4iat-4eii4i atn ,i"-- -wit!-be kee from or -by reuewa4-t/t-rcYta+r--ts♦-ttte-I+�atrng-tka;rrrkttn-itr-fife-Hr++fkfi+lg.-Atty�sk+rkltNrt+tt}+tik+ft�.h:+t1-u+at-lk-tleelurct- . ,� . ...:..... ....... , sCc -in- atlrev+t +k/ _� . . t4inna t.s.--AI • ' . • .' L,esst+r--f<�r is 'a z;r ::r.a i f::::::-fnila:e L: !'vr.air' ' •.•. • llef b1 expressly -waived by-Lessens.-- hIRE AND I I. In case the Prculises shall he rCndelCd unlecultable by lire, explosion ur other Casually. Lessor CASUAIA Y may, a1 his option, terminate this lease or rcpair the PrefnliSCS within sixty days. If Lessor does not repair the Premises within said little, or the building Containing the Pianists shall have been wholly destroyed, the icnn herchy created shall CCasC and (ICICI'fnille. I'P:ItNIINA_ 12. At the termination of fife term of Ibis lease, by lapse• nil 11111C or otherwise, I.CSBCe will yield up IRON; nnufct ialc posscssiou of the Prcnfiscs to I.cssor, in good condition and repair, loss by lire and ordinary wCar IIOLDING cxccplcd, and will return the keys therefor to Lessor at file place of payment of rent. It Lessee retains pos- OVI{R ,csslon of the Premises or any part thereofafter the lerulinabon of the term by lapse of time or otherwise. then Lessor may at its option withill thirty days after Iciminalion of the term serve written notice upon I.,-, Ihall ,uch holding over con,Lltluc, eilhcr (a 1 of dill IC;11C I'll onC year, and 11"0I11 ycu' u) year IhelC.ltcr, at dtltlblC the rental (clttlI)UtCd on an annual halls) Spccllicd Ill SCClilill I, or (b) crCauon of a nlonth to month tenancy, upon the terms of this lease except at double the nionthly rental specified in SCclion I, or (c) creation of a tenancy at sufferance, at ❑ rental of �U.U;) dollars per day • lot dic little I.csscc remains in posSCSsion. 11' no Such wn10.•n uolice i, Scrvcd then it lelancy lit stlfcrculee Willi rental as staled at (e) shall have been created. Lessee shall also pay w Lessor all danlagcs Sustained by Lessor resulting from retention of possession by Lessee. 1-he provisions of this paragraph shall not consti- tute if waiiver by Lessor of any right of re-cnoy its hereinafter Wt forth; nor shall receipt of any rent or any oihcl ae in apparent Alirinanrr of Icnancy operte a, .I waiver of Ihr ri)•hl to n•rnlill le Ibis lease for it hlca.h of any o1 the eoVC[Mill•, herein. LESSOR'S 13. If Lessee shall vacate or abandon the Premises or permit life same to remain vacant or unoccupied ItPI\IIAIIhS for a period of ten days, or in case of the non-payment of the rent reserved hereby, orany part thereof, prof the bleach I.I any Iovlvlanl of Ill, Ica ,r roil:lined Lcsst•c's I ighl to III,- po,u•,suin ill' Ow Vo-illfscs Ihcicnpon shall ICIIn1uaIC with or ((At the extent peulilled by haw) wilhoul ally notice of demand whatsocvcl, and life mete ICtcntion of possession Ihcictllcr by Lessee shall constitute it folciblc detainer of the Picnlises; and if the Lcssof so elects, but not otherwise, and Willi or without notice of such election or any notice or demand whatsoever, this lease shall thereupon tcrnlivalc, and upon the termination of Lessee's ri*ht of possession, as ahll'cs;lid, wllelhel this lease be terminated of not, Lessee agrees to surrender possession of life Premises nnmctliately, without the receipt of any deniand 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 ;lily part Ihercol', to lake possession Ihercof with or (to the extent peninted by law) without process of law, and to expel and to remove Lessee or ally other person who may he occupying the Picillises or any part thereof, and Lessor may use such force in and about expelling and removing LCS,CC and Other persons as play reasonably be necessary, and Lessor may re -possess himself of the Promises as of his former estate, but such entry of the Premises shall not constitute it trespass or forcible entry or detainer, nor shall it cause a forfeiture o(rcnls due by virtue thereof, nor if waiver of any covenant, agreement or promise in this lease contained, to be pw'1onned by 1.CSSCC. I,USSCC• hcleby waives all notice lit any cicClion HIMIC by I.CSS0l' I1CIC1111dCr, dcnlaud lot- rent, notice to quit, demand for possession, and any and all notices and demands whatsoever, of any and every mature, 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, (luring the term of this lease or any c .rlcoSilnl Ihercof. The acceptance of f enl, whether in a single instance of repcaledly, alter it falls due, or after knowledge of any breach hercol 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 he construed as it waiver of Lessor's right to act without notice orde iamd or of any other right hereby given I.cssol, of :as ao election nol to ploCccd miner the pl'uvisions of this ICaSV IMAI'll rill 1.1. 11 Lessee's light to the possession of the Illculiscsshall he Ielminatcd in any way, the I'rc Vises, or RELET any part thereof, may, but need not (except as provided by Illinois slatutc), be relet by Lessor, for the account and benefit of Lessee, for such rent wind upon such terms and to such person or persons and for such period or :as may seen) fit to the Lessor, bill Lessor shall not he required to accept or receive any tenant offered rcriods y Lessee, nor to do any ;let whatsoever or exercise any diligcucC whatsoever, ill or about the procuring of another occupant or tenant to mitigate the damages of Lessee or otherwise, Lessee hereby waiving the use of • any care or diligence by Lessor in the reletting thereof; and if a sufficient sum shall not be received from such reletting to satisfy the rent hereby reserved, after paying the expenses of reletting and collection, including commissions to agents, and including also expenses of redecorating, Lessee agrees to pay and satisfy all deficiency; but the acceptance of if tenant by Lessor, in place of Lessee, shall not operate as a cancellation hereof, nor to release Lessee from the performance of any covenant, promise or agreement herein contained, and performance by any substituted tenant by the payment of rent, or otherwise, shall constitute Only satisfaction pro tanto of the obligations of Lessee arising hereunder. COSTS AND 15. Lessee shall pay upon demand all Lessor's costs, charges and expenses, including fees of attor- FF S ucyS, agents and others rebutted by Lessor, insured in enforcing any of the obligations of Lessee under this lease or in any litigation, negotiation or transaction in which Lessor shall, without Lessor's fault, become involved through or on account of this lease. CONFESSION 16. -bEss-•e--hereby .irrevoe.lbiy..cotr+itthew-nx<t r+tiprtnty et+ty trtttirney ct+-uny-eoutt--t,l rrautl-m 1F4+.- OF Gan,; III be his Inge and Inwful nUl,rney flee-him-mtrF in lriw er++r»c +rnrt- +Iwtrt-H,-r+rlr•r-hi -»(aloe r+t+.w it+ ++IV .II DC:M1•.NT suit In stills Ihnl-rlIlly- Ile-la'mlg,hl-io-ntly-c•Iattr imthtw f*hHr-1+Hnty--lime-Sufic n I+ny-mr,nry-iti-+lur�w+.•nnJl l h,l Fen( or et)Terw+se to-w+live ihofy>+' U>buviu, and • to-Lonfess t+ jud F +akf tctrrt M,u rill. atlorney_s- -feet; Ill -favor Of Lessor;- anti--l+ -+P 0o4 1+1� eff*+F+-titfH iTM+y r+l+r+r �+F M+:erl t4t+-+7t ti+Hh-fKlak Berlin} ti; IIII'Illdil W+ -ttlP isr.uanca of r•xeaulion upon any Beall-judg,nlenl; nnll Iu-•.(ipldalr-(flat--nr,--wnt-ul w+tin--rn-aflh4•II-�Ilall no }rn,sccuted-ire+tit But IT-jurlgrttettt-r>F j++rlg,,, .,,,, ., „ trrq bi}t ire egxitp f2:.1, ::::: ::::y � rrrE emy-14"tl • taken in law-or-erytlity lo-interfere in any wt+y-with-the-nperetion-of-suelT juE4gment r,r jue#gtt+ertts++f exe�tt - -Lion-isvued theftoft-tt+ • LESSOR'S 17. Lessor shall have it first lien upon the iutclesl of Lessee tinder this Icasc, to secure the 1mvillent of LIEN all moneys due under this lease, which lien may be forccloseel in cyuity al any time when nlculcy is ovcrduc under this Icasc; and the Lessor shall he entitled to name a receiver of said leasehold interest. to he ap- pointed in ally such foreclosure pr ceediny, who shall lake possession of ..,id po•nliscs ;Ind who nuly relet the same umlc= the orders o1 the coma ❑ppoinling, hiln. REMOVAL IR. In event any lien upon Lessor's title results from any act or neglect of Lessee- and Lessee fails OF OTIIER to remove said lien within ten days after Lessors notice to do so, Lessor may remove the lien by paying, the LIENS full amount )hcrcof or otherwise and withoul any invcsfigafioo c,r conlcsl of the v;llidily Ihcrcol, and Lcssce shall pay Lessor upon rcyucsl the amount paid out by Lessor in such hch:lll, including Lcssol's cost-.. ex- penses and counsel fees. REMEDIES 19. The obligation of Lcssce to pay the rent reserved herchy during the balance of file form hcrcof, or NOT during any extension hereof, shall not he dccnlcd Ili he waived. released or Icrnlinawd, not shall the right EXCLUSIVE and power to confess judgment given in paragraph Ih hcrcof he dccnlcd to be waived or terminated by file service of any five -clay notice, other notice to collect, demand 1'or 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 iudgnlent for possession that miry he rendered in such action, tit ally other act or acls resulting in the ICrulinalion of Lessee's right to possession of the 1'11.11lises. 'I h,- I v!'sol may collcel ;Ind re ceive any rent due from Lessee, and payment or receipt thereof shall not waive or ❑Ilccl ally such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by virtue hereof. NOTIC'F:S 20. Notices may he served on Cilher Lally, ;If file respeelivc addre•.u•s g,ivcn al the hVI'lo unp of Ihi', lease, either (a ) by delivering or causing to he delivered a written copy Ihcn•oI', or ( h) by ending a wl illcn copy thereof by United States certified or registered tuail, postage prepaid, addressed to Lessor or Lcssce a( said respective addresses in which even( IhC nwicc shall he dccnlcd to have been served at the Llmc file copy is mailed. MISCELLA_ 21. (a) provisions typed on this lease and :111 riders ;lllaehcd to Ibis lease and Signed by Lessor and NEOUS Lessee are hereby made a part of this lease. (I,) Ic.scc shall keep and ohscl Vv such Ica,onahle ndc•.;nu1 lepul;lno n.. n.,w of he I,;dl, 1 n 1,111 by Lessor, which slay he necessary for tic proper and orderly Cale of 1Ile huildul)•, of which the I'n'nliscs are a part. (c) All c•ovcnauls, promises, rcprescntations and agrecmcnis herein contained shall he bindinl; upon, apply and inure to (lie hell0it of Lessor and Lessee and )heir I'espec(ivc hells, legal rcprc'.enlalivcs, successors and assigns. (d) The rights and remedies hereby created are cumulative and the use of one remedy shall not • he taken to exclude or waive the right to (he use of another. (c) The words "Lessor" and "Lessec" whoever used in This lease shall he consnucel to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee. and to apply to individuak male or female, or to firms or corporations, as the same may he described as Lcsmw or Lessee hen in. ;Intl (he necessary grammatical ch,,nges shall be assumed in each case as though fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointly and scvcrnlly and shall authorirc the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of judgment against any one or more of such Lessees, and shall authorize the performance of every other act in the name of and on behalf of any one or more of such Lessees. SEVER- 22. If any clause, phrase, provision or porlion of this lease or the application thereof to any person ABILITY or circumstance shall he invalid, or unenforceable under applieahlc law, Such event shall not nflccf, nnpau or render invalid or unenforceable the remainder of this ]case nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. WITNESS the hands and seals of (he parties hereto, as of the Date of Leas stated above. (SEAT.) (SFAI 1 i.',•.. u.LJ'Y U%j'VA __(SEAL) _. _ � �/�_. (SEAL) (SEAL) ._ _ _ __^� .. _ .. _ (SEAL) (Lessarl Lessee) ASSIGNMENT BY LESSOR On this_._ _._._. 19._. __ -, for value received, Lessor hereby transfers, assigns and sets over to all right, title and interest in and to the above Lease and the rent thereby reserved, except rent due and payable prior to .. .. 19 (SEAL) (SEAL) • - GUARANTEE On this_—______ __-_.._.. 19 inconsideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of all covenants and agreements of the above lease. - -- - - -- - - (SEAL) (SEAL) NOTE: Use Form Number 12-1P for assignment by Lessee.