Return Date: 8/28/2020

Hearing Date: No hearing scheduled

Courtroom Number: No hearing scheduled
Location: No hearing scheduled FILED
7/21/2020 10:56 AM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 7/21/2020 10:56 AM 20201111091

20201111091

9830275
FILED DATE: 7/21/2020 10:56 AM 20201111091
 FILED
7/21/2020 10:56 AM
DOROTHY BROWN
CIRCUIT CLERK
IN THE CIRCT]IT COT]RT OF'COOK COL]]\TY, ILLINOIS COOK COUNTY, IL
MTJNICIPAL DEPARTMENT, FIRST DISTRICT
FILED DATE: 7/21/2020 10:56 AM 20201111091

958 G NORTH CALIFORNIA LLC and

958 B NORTH CALIFORTIIA LLC

Plaintiffs,
20201111091
v. Case No.

CALIFORNIA RESTAURANT LLC and

958 N
HOGSALT HOLDING LLC Return Date: 8/28/2020

Defendants.

COMPLAINT

NOW COMES Plaintiffs 958 G North Califomia LLC and 958 B North Califomia LLC by

their attomeys Golan Christie Taglia LLP and complain as follows for money damages against the

defendants 958 N Califomia Restaurant LLC and Hogsalt Holding LLC:

Parties

1. Plaintiffs 958 G North Califomia LLC and 958 B Norttr Califomia LLC are Illinois

limited liability companies. Plaintiffs are the lessors under that certain Lease Agreement dated March

6, 2014 ("Lease") for the premises located at 958 North Califomia Avenue, Chicago, Illinois

("Premises"), all as is more flrlly set forth on Exhibit A attached hereto.

2. Defendant 958 N Califomia Restaurant LLC is an Illinois limited liability company

("Defendant 958").

3. Defendant Hogsalt Holding LLC is an Illinois limited liability company

("Defendant Hogsalf') that guaranteed all obligations of Defendant 958 under the Lease.

Count I - Rent

4. Plaintiffs incorporated paragraphs 1-3 as if firlly set forth herein.

 5. Pursuant to the Lease, Defendant 958 is responsible for the frrll performance ofall
FILED DATE: 7/21/2020 10:56 AM 20201111091

the obligations of the Lease.

6. Defendant 958 breached the Lease and continues to breach the Lease by failing to

make rent payments when due. As of July 15, 2020, Plaintiffs are owed amounts exceeding

$23,902.7 | in past due rent, real estate taxes, and other expenses.

7. In addition, the Lease provides that if any litigation arises in connection with

enforcing the Lease, the prevailing party shall be entitled to recover its reasonable costs, charges,

and expenses, fuicluding reasonable fees of attomeys. Lessor has incurred $1,500.00 in attomey's

fees thus far in enforcing its rights under the lease and will continue to incur fees until the

resolution of this matter; the same are sought herein.

WHEREFORE, Plaintiffs 958 G North Califomia LLC and 958 B North Califomia LLC

pray for judgment in their favor and against Defendant 958 N California Restaurant LLC in the

amount of$23,902.71 plus interest and additional attomey's fees as are provided in the lease and

for such other and further reliefas this Court deems just and proper.

Count II
8. Plaintiffs incorporate paragraphs 1-5 as if fully set forth herein.

9. Pursuant to paragraphs 2e and 9 ofthe Lease, Defendant 958 is responsible, in part,

for maintaining the common area of the Premises and keeping the premises in a clean, sightly and

healthy condition and in good repair.

10. Defendant 958 breached the Lease by failing to maintafur the common area of the

Premises and keep the Premises in a clean, sightly and healthy condition and in good repair.

2
 1 1. As a result of Defendant 958's failure to maintain the common area of the Premises
FILED DATE: 7/21/2020 10:56 AM 20201111091

and keep the Premises in a clean, sightly and healthy condition and in good repair, the Plaintiffs

will incur the following expenses:

Remove all debris and shelving on lst floor and basement: $2,850.00
Roll offdumpster costs: $ 1,200.00
Cleaning interior: $800.00
Cleaning parking lot: $400.00

For a total amount of$5,250 all as is more firlly set forth on Exhibit B, attached hereto.

WHEREFORE, Plaintiffs 958 G North Califomia LLC and 958 B North Califomia LLC

pray forjudgrnent in their favor against Defendant 958 N Califomia Restaurant LLC in the amount

of $5,250.00 plus costs and attomey's fees as are provided for in the Lease and for such other and

further relief as this Court deems just and proper.

Count III - Guarantv

12. Plaintiffs incorporate paragraphs 1-11asif fully set forth herein.

13. Pursuant to the guarantee set forth on page 13 of the Lease, Defendant Hogsalt

guaranteed the payment and performance ofall of Defendant 958's obligations under the Lease.

14. Defendant Hogsalt has failed to cure any of Defendant 958's defaults or breaches.

15. By reason of the premises, Defendant Hogsalt owes Plaintiffs $29,152.71 in rent

and damages plus al1 sums due under the Lease accruing tlrough the end of the lease.

WHEREFORE, Plaintiffs 958 G North Califomia LLC and 958 B North Califomia LLC

pray for judgment in their favor against Defendant Hogsalt Holding LLC in the amount of

29,152.71 plus costs and attomey's fees as are provided for in the lease and for such other and

further reliefas this Court deems just and proper.

3
 Dated: July 21,2020 Respectfirlly submitted,
FILED DATE: 7/21/2020 10:56 AM 20201111091

958 GNORTH CALIFORNIA LLC and

958 B NORTH CALIFORNIA LLC

By:
Robert R. Benjamin, Esq.
of Their
GOLAN CHzuSTIE TAGLIA LLP
70 West Madison Street, Suite 1500
Chicago, Illhois 60602
rrbenjamin@gct.1aw
(312) 263-2300
Firm No. 42399

4
 Return Date: 8/28/2020
Hearing Date: No hearing scheduled
Courtroom Number: No hearing scheduled
Location: No hearing scheduled FILED
7/21/2020 10:56 AM
DOROTHY BROWN
LEASE FOR CIRCUIT CLERK
958 N.California COOK COUNTY, IL
FILED DATE: 7/21/2020 10:56 AM 20201111091

20201111091
Chicago,lL 6O622
(The Garage Lease) 9830275
GENERAL
DATE OF LEASE March 6,2014
LESSEE 958 N California Restaurant LLC, an Illinois limited liability company
LESSOR Gino Battaglia, as agent for 958 G NORTH CALIFORNIA LLC, AN
ILLINOIS LIMITED LIABILITY COMPANY, and 958 B NORTH
CALIFORNIA LLC, AN ILLINOIS LIMITED LIABILITY COMPANY
TERMofLEASE: Beginning: Augustl,2014
Ending August 1,2024 (Subject to two S-year extensions)
PURPOSE Restaurant with Liquor as an incidental license.
LOCATION OF PREMISIS: 958 North California, Chicago, lL, 60622 ("Premises"
or "Building") ("as is" on the date hereof)
MONTHLY RENT See section I

In consideration ofthe mutual covenants and agreements herein stated, Lessor hereby leases
to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises
designated above more fully described on Exhibit A (the "Premises" or the "Leased Premises"),
together with t}re appurtenances thereto, and the personal property, equipment and inventory set
forth on Exhibit B attached hereto, for the above Term.
LEASE COVENANTS AND AGREEMDNTS
l RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum
stated herein, monthly in advance, until termination of this lease, at Lessor's address
stated above or such other address as Lessor may designate in writing. The entire amount
of the Rent stated herein is reserved for the Lessor. The manner of payment of base rent
is set forth as follows:
a. Monthly Base Rent:
i. For the first 12 months (Lease Year), $6,000.00 per month, subject to
the abatement and deferral set forth below;
ii. For each Lease Year thereafter, Base Rent during the initial Term
shall be increased by three percent (37o) at the start of each
subsequent Lease Yearl
iii. First 6 months Rent (including Base Rent and all Additional Rent)
shall be abated in its entirety;
iv. Second 6 months Base Rent (but 4! the Additional Rent shall be
deferred until the 2"d year and it shall be paid in 12 monthly
installments along with the second Lease Year's Base Rent;
v. Second 6 months Additional Rent shall not be deferred and shall be
paid in regular monthly installments when due.
.,
ADDITIONAL RDNT. All
amounts due the Lessor hereunder shall be included in
the term "Additional Rent". Such charges shall consist of the following:

Page 1
EXHIBIT
A
 A. "TRIPLEIIETLEASE" THE PARTIES AGREE THAT CERTAIN
TAXES A]\[D OPERATING EXPENSES OF THE PREMISES A]\[D THE
FILED DATE: 7/21/2020 10:56 AM 20201111091

BUILDING OF WHICH IT IS A PART Al\D TIIE GROUND UPON

WIIICH IT STA}IDS ARE TIIE BURDEN OF THE LESSEE TO TIIE
EXTENT SETFORTHBELOW;
b. Abated Rent. Not applicable.
c. WATER, GAS AND ELECTRIC CHARGES (Lessee's Utilities).
Notwithstanding anlthing in the Lease to the contrary, Lessee will pay, in
addition to the rent above specified, all water rents, gas & heat and electric light
and power bills levied or charged on the Premises, for and during the time for
which this lease is granted and in case said water rents and bills for gas, electric
light and power shall not be paid when due, Lessor shall have the right to pay the
same, which amounts so paid, together with any sums paid by Lessor to keep the
Premises in a clean and healthy condition. as herein specified, are declared to be
so much additional rent and payable with the installment of rent next due
thereafter.
d. REAL ESTATE TAXES Lessee shall pay to Lessor, as Additional Rent
hereunder, in accordance with Section 2f. below, all of the real estate taxes,
assessments and other govemmental levies and charges, general and special,
ordinary and extraordinary, unforeseen as well as foreseen, or any kind and nature
(including any interest on such assessments whenever the same are permitted to
be paid in installments) paid annually by the Building during the Lease term.
Taxes shall be determined on a payable rather than an accrual basis. Should any
govemmental authority having jurisdiction over the Leased Premises impose a tax
and/or assessment upon or against the rentals payable hereunder by Lessee to
Lessor, either by way of substitution for (or in addition thereto) the taxes and
assessment levied or assessed against such land and such buildings shall be
deemed to constitute a tax and/or assessment against such land and such buildings
for the purpose of the Section. If Lessor contosts the taxes, then Lessee will be
liable for any reasonable costs and fees attributable to such contests, appeals,
complaints or suits with PTAB. Lessee, at his sole cost and expense, may contest
any tax of assessment against the Leased Premises provided that Lessor
reasonably approves Lessee's counsel.
There shall be deducted from taxes as determined for any year the amount
of any refund of taxes received by Lessor during such year and Lessor shall
advise Lessee ofsuch refund. Each year the Lessor shall advise the Lessee ofthe
Assessment notice on the Property and the monthly Additional Rent Payment
shall be adjusted based upon that Assessment Notice and then re-adjusted based
upon the final tax bill.
e. COMMON AREA MAINTENAIICE. Lessee shall keep the outside of the
Premises that is within the borders of the Property of the building in which the
Premises is located free from snow and ice and garbage and other debris. Lessor,
at its expense, shall be responsible for the maintenance of the roof, structural
elements, pavemont, utility systems and other capital items in connection with the
Premises,

Page 2 of 16
 f. MONTIILY INSTALLMENTS: When applicable, Lessee's obligation for
such real estate taxes and assessments (said items being hereinafter refened to
FILED DATE: 7/21/2020 10:56 AM 20201111091

collectively in Section 2 Additional Rent) shall be paid in monthly estimated

installments on or before the first day of each calendar month during the Lease
term, in advance, in an amount equal to l/12'h of 103%o of the previous year's
actual costs. Promptly, upon determination of the actual amount of the Section 2
Additional Rent for any lease year, Lessor shall fumish Lessee with a written
statement calculating and allocating the amount thereof and the amount of
Lessee's obligation. If the total amount of monthly installments paid by Lessee
under this Section for any calendar year shall be less than the actual amount due
from Lessee for such year as shown on such statement, Lessee shall pay to Lessor
the amount ofsuch deficiency within ten (10) business days after the tender ofthe
wdtten statement; and if the total amount paid by Lessee hereunder for any such
calendar year shall exceed such actual amount due from Lessee for such calendar
year, such excess shall be credited against payments hereunder next due, or, if no
payments are next due, shall be refunded by Lessor concurrently with the
furnishing of such written statement. All amounts due hereunder shall be payable
in the manner and at such place as the Rent payments provided for in Section I
hereof. Lessor shall notify Lessee in writing of Lessor's estimate from time to
time of Lessee's monthly installments due hereunder. Lessor's and Lessee
obligations under this Section shall survive the expiration or termination of the
term of this Lease. Lessee acknowledges that the calculation of any of the
estimated charges of Section 2 is not a representation or warranty on the part of
Lessor as to the actual amount of Lessee's charges and Lessee
acknowledges that Lessee has not relied thereon in any respect in entering into
this Lease.
g. OTHER CHARGES. Any other charges due the Lessor which the Lessor
has the right to bill or charge to Lessee, even if not specifically designated shall
be considered as Additional Rent and may be the basis for an eviction proceeding.
A grace period offive (5) days after Lessee's receipt of written notice shall apply
to base Rent and other amounts due under this Lease. Each month late or each
occasion of dishonor of a check shall incur an additional charge of $100. Such
fees or charge is not a penalty and shall be considered Additional Rent.
h. APPLICATION OF THE PAYMENTS. All monies paid to the Lessor shall
first be credited to Additional Rent, then any other fees and charges not
specifically enumerated, costs of collection, attorneys' fees and then finally Base
Rent. Lessor may, without prejudice to its right to maintain a default or eviction
or other lawsuit against the Lessee, accept any partial payment but acceptance of
the partial shall not work to cure any default. Only full payment ofall charges and
Rents due shall cure a default.
3. SECURITY DEPOSIT. N/A
4. SUBLETTING; ASSIGNMENT. The Premises shall not be sublet in whole or in part
to any person other than Lessee and Lessee shall not assign this lease without, in each
case, the consent in writing of Lessor first had and obtained (the consent of the Lessor
shall not be unreasonably withheld) nor permit to take place by any act or default of

Page 3
 himself or any person within his control any transfer by operation of law of Lessee's
interest created hereby without, in each case, the consent in writing of Lessor first had
FILED DATE: 7/21/2020 10:56 AM 20201111091

and obtained (the consent of the Lessor shall not be unreasonably withheld). If Lessee, or
any one or more of the Lessees, if there be more than one, shall make an assignment for
the benefit of creditors, or shall be adjudged a bankrupt. Lessor may terminate this lease
and receive damages as set forth below.
5. LESSEE NOT TO MISUSE. Lessee will not permit any unlawful or immoral
practice with or without his knowledge or consent, to be committed or canied on in the
Premises by himself or by any other person. Except for the restaurant use intended under
this Lease, Lessee will not allow the Premises to be used for any purpose that will
increase the rate of insurance thereon, nor for any purpose other than that hereinbefore
specified. Lessee will not keep or use or permit to be kept or used in or on the Premises
or any place contiguous thereto any flammable fluids or explosives, without the written
permission ofLessor first had and obtained. Lessee will not load floors beyond the floor
load rating prescribed by applicable municipal ordinances. Lessee will not play music
which is unreasonably disruptive to the neighborhood, or allow its patrons to become
unruly or disruptive to the neighborhood or to the tenants ofthe building.
6. CONDITION ON POSSESSION. Lessee has examined and knows the condition of
the Premises and has received the same in its existing condition, order and repair, and
acknowledges that no representations as to the condition and repair thereof, and no
agreements or promises to decorate, alter, repair or improve the Premises, have been
made by Lessor or his agent prior to or at the execution of this lease that are not herein
expressed. The Lessee is taking the Premises on an "as is" basis.
LIQUOR, FOOD, INSURANCE and LICENSURE. Lessee shall be responsible
for insurance on the contents of the Premises and Lessor shall be responsible for
insurance on the Premises itself.
8. PROPERTY INSURANCE. Lessee is obligated to maintain (i) public liability
insurance insuring Lessee against all claims, demands or action for injury to or death of
any one person in an amount ofnot less than One Million ($1,000,000.00) Dollars and for
injury to or death ofnot more than one person in any accident in an amount not less than
One Million ($1,000,000.00) Dollars and for damage to property in an amount of not less
than One Million ($1,000,000.00) Dollars or such other amounts as Lessor may
reasonably require; (ii) Plate glass insurance; (iii) business interruption insurance
covering the Rent and Additional Rent reserved hereby; and (iv) any food server's
liability insurance in the event there is food service on the Premises, by Section I of this
Lease known as the Purpose Clause in the amounts reasonably required by Lessor from
time to time, covering for injury of death to one party, death or injury to more than one
party in one occurrence, loss of means of support and property damage. Lessee agrees
that it shall not sell, give away or otherwise provide food or liquor unless it has first
obtained and has also named Lessor under its insurance policy. All such policies shall
also designate the Lessor, agents, and or employees as an additional insured to the extent
of Lessor's interest. Lessee may not serve any food or operate a business serving or
selling same without a state and city license first being had. Lessee shall also maintain
liability insurance on the Premises and casualty insurance on the improvements to the
Premises in reasonable amounts. Lessee shall not serve liquor or allow same on its

Page 4 of 16
 premises without the appropriate licensure by the City of Chicago, the appropriate
insurance coverage for Landlord and the City.
FILED DATE: 7/21/2020 10:56 AM 20201111091

9. REPAIRS AND MAINTENAI\CE. Except for Lessee's alterations to any part of

the roof or any part of the structural components of the improvements made by Lessee
(for which Lessee has the obligation for repair and maintenance), Lessor, at its expense,
will maintain the roof and structural components of the improvements and systems of the
Building. Except for Lessor's express obligations in this Lease. Lessee shall keep the
Premises and appurtenances thereto in a clean, sightly and healthy, condition, and in good
repair, all according to the statutes and ordinances in such cases made and provided, and
the directions of public officers thereunto duly authorized, all at his own expense, and
shall yield the same back 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 same condition of cleanliness, repair and sightliness as at the date of the execution
hereof, loss by fire or other casualty 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 ofthe same size and quality as that broken and shall insure all
glass in windows and doors of the Premises at his own expense. If, however, the
Premises shall not thus be kept in good repair and in a clean, sightly and healthy
condition by Lessee, as aforesaid, Lessor may, after delivery of written notice to Lessee
and after the passage of a reasonable opportunity to cure, enter the same, himself or by
his agents, servants or employees, without such entering causing or constituting a
termination of this lease or an interference with the possession ofthe 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 Lessee agrees to pay
Lessor, in addition to the rent hereby reserved, the reasonable expenses of Lessor in thus
replacing the Premises in that condition, Lessee shall not cause or permit any waste,
misuse or neglect of the water, or of the water, gas or electric fixtures.
10. ACCESS TO PREMISES. Lessee shall allow Lessor or any person authorized by
Lessor free access to the Premises during ordinary operating hours and with not less than
24 hours' prior notice (except in the case of emergencies) for the purpose of examining,
or to make any repairs or alterations thereof which Lessor may see fit to make. In the
event Lessee is obligated hereunder to make repairs and fails to do so after 30 days'
notice of failure, t}te Lessor may enter the Premises and make such repairs on Lessee's
behalf; provided, however, in the event ofan emergency, the Lessor may act immediately
and reasonably under the circumstances to repair such emergency situation.
11. NON-LIABILITY OF LESSOR. Except as to the sole negligence or willful action of
Lessor and except as provided by Illinois statute, Lessor shall not be liable to Lessee for
any damage or injury to him or his property occasioned by the failure of Lessor to keep
the Premises in repair, and shall not be liable for any injury done or occasioned by wind
or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes,
water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the
backing up of any sewer pipe or down-spout, or from the bursting, leaking or running of
any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in,
upon or about the Premises or the building of which they are a part nor ilom the escape of
steam or hot water from any radiator, it being agreed that said radiators are under the

Page 5
 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
FILED DATE: 7/21/2020 10:56 AM 20201111091

place upon or near the Premises, or otherwise, nor for any such damage or injury done or
occasioned by the falling of any fixture, plaster or stucco, nor for any damage or injury
arising from any act, omission or negligence ofco-Lessees or ofother persons, occupants
of the same building or of adjoining or contiguous buildings or of owners of adjacent or
contiguous property, all claims against Lessor for any such damage or injury being
hereby expressly waived by Lessee.
12, RESTRICTIONS (SIGNS, ALTERATIONS, FIXTURES). Lessee shall entitled
to install, at its expense, signage on the interior and exterior of the Building provided
such signage complies with applicable municipal codes. Lessee shall not commit or
suffer any waste in or about said premises; and shall make no material, structural changes
or alterations in the Premises by the erection of partitions, without the consent in writing
of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed; and
in case Lessee shall affix additional locks or bolts on doors or window, or shall place in
the Premises lighting fixtures or any permanently attached fixtures ofany kind other than
cooking appliances, without the consent of Lessor first had and obtained, such locks,
bolts and other 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. Ifhe 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; provided that
Lessor makes a demand to have such items removed at the time Lessor approves the
installation ofthe same. Lessee shall not be permitted to unreasonably block the signage
of its immediate neighbor' sign on Milwaukee Avenue. The provisions of this paragraph
shall not however apply to Lessee's trade fixtures, equipment and movable furniture.
13. HEAT. Lessee's Premises has been fitted with its own Heating and Air
Conditioning unit. The Unit was in good working condition on the date of the possession
of the Lessee. It is Lessee's responsibility for the routine maintenance and replacement
of the units. In addition, Lessor does not warrant that heating service will be free from
interruptions caused by strike, accident or other cause beyond the reasonable control of
Lessor, or by renewal or repair of the heating apparatus in the building. Any such
interruption shall not be deemed an eviction or disturbance of Lessee's use and
possession of Premises, nor render Lessor liable to Lessee in damages. All claims against
Lessor for injury or damage arising ffom failure to fumish heat are hereby expressly
waived by Lessee.
14. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fire,
explosion or other casualty and Lessor could not reasonably repair the same in 180 days,
Lessor or Lessee may, at his option, terminate this lease or repair the Premises within
sixty days. If this Lease is not so terminated, Lessor shall promptly repair the Premises.
Ifthe building containing the Premises shall have been wholly destroyed, the term hereby
created shall cease and terminate.
15. TERIIINATION; HOLDING OVER At the termination of the term of this lease,
by lapse of time or otherwise, Lessee will yield up immediate possession of the Premises
to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will
return the keys therefor to Lessor at the place of payment of rent. If Lessee retains

Page 6 of 16
 possession of the Premises or any part thereof after the termination of the term by lapse
of time or otherwise, then Lessor may at its option within thirty days after termination of
FILED DATE: 7/21/2020 10:56 AM 20201111091

the term serve written notice upon Lessee that such holding over constitutes a creation of
a tenancy at sufferance, at a rental of $300 per day, for the time Lessee remains in
possession. 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
constitute 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
ofthe right to terminate this lease for a breach of any of the covenants herein.
16. LESSOR'S REMEDIES. If Lessee shall abandon the Premises, or in case of the
non-payment of the rent reserved hereby or any part thereof, within five (5) days after
Lessee's receipt of notice that such amounts were not paid when due (or in the event
Lessee defaults in the performance of any other, non-monetary term, condition or
covenant in this lease contained and fails to cure such default within thirty [30] days after
such notice or such longer time if cure cannot be reasonably affected in thirty (30) days
and Lessee diligently pursues such cure ) Lessee's right to the possession ofthe Premises
thereupon shall terminate with or (to the extent permitted by law) without any further
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 further notice or demand
whatsoever, this lease shall thereupon terminate, and upon the termination or Lessee's
right ofpossession, 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 reasonably be necessary, and
Lessor may re-possess himself of the Premises as of his former estate, but such entry of
the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause
a forleiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or
promise in this lease contained, to be performed by Lessee. Except as expressly provided
in this Lease, 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 Lessor and Lessee, 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 rights to act without notice or demand or ofany other right hereby given Lessor,
or as an election not to proceed under the provisions of this lease.

Page 7
 17. RIGHT TO RELET. If Lessee's right to the possession of the premises shall be
terminated in any way, the Premises, or any part thereof, may, but need not (except as
FILED DATE: 7/21/2020 10:56 AM 20201111091

provided by Illinois statute), be relet by Lessor, for the account and benefit ofLessee, for
such rent and upon such terms and to such person or persons and for such period or
periods 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 ofany care or diligence by Lessor in the
reletting thereof; and if a sufficient sum shall not be received from such reletting to
satisry 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 satisfu all deficiency: but the acceptance ofa 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 ofthe obligations of Lessee arising hereunder.
18. COSTSANDFEESandDAMAGES.
a. If any litigation arises in connection with enforcing this Lease, the prevailing
party shall be entitled to recover its reasonable costs, charges and expenses,
including reasonable feos of attorneys, agents and others ("Costs',) retained by
such party, Lessor, shall also be entitled to recover Costs incurred in enforcing
(including reasonable pre-litigation collections) 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 ofthis lease.
b. In Addition, whenever Lessor terminates this Lease, Lessor may recover from
Tenant and Tenant shall pay to Lessor, within thirty (30) days following Lessor's
written demand, as and for liquidated and final damages, an accelerated lump sum
amount equal to the amount by which the aggregate amount of Rent owing from
the date of such termination through the stated expiration date ofthe Term hereof
plus a reasonable estimate of the aggregate expenses of reletting the Premises,
exceeds the fair rental value ofthe Premises for tho same period (after deducting
from such fair rental value the time needed to relet the Premises and the amount
of reasonable concessions which would normally be given to a new tenant) both
as reasonably determined by Lessor and discounted to present value at the rate of
five percent (5%) per annum
19. CONFESSIONOFJUDGMENT. DELETED
20. PERSONAL GUARANTEE. This Lease, the payment and performance of all of
its obligations of the Lessee, is personally guaranteed, jointly and severally by the
following entity which has an interest in the Lessee: Hogsalt Holding LLC (the
Guarantor) provided, however, (a) Guarantor's aggregate liability under the Lease shall
be capped at an amount equal to one year of Base Rent and Additional Rent due under
this Lease; and (b) this guaranty shall apply only to the initial Term of this Lease and
shall not be applicable to any obligations arising during any Renewal Period. There is a
separate guarantee in connection with the construction on the Premises by Lessee such
that Guarantor hereby guarantees to the Lessor that all construction by Lessee on the
Premises shall be fully completed and that the Lessee shall not permit any liens on the

Page 8 of 16
 Premises. Service of notice of a demand to pay on these guarantees, including, but not
limited to a summons or a notice of a default or 5 day notice or the like on the Lessee
FILED DATE: 7/21/2020 10:56 AM 20201111091

shall be deemed personal notice on these individuals. No further notice shall be

necossary by the Lessor. The lease or its obligations can be altered or modified and the
Guarantor will nonetheless still remain fully liabte even if they have not had personal or
individual notice ofany change. One or more guarantor (if there is more than one) or the
Lessee may negotiate a release or a modification of its obligations hereunder or may die
or may seek protection under the Bankruptcy laws of the United States and nevertheless
each other guarantor shall remain fully liable for all remaining obligations hereunder.
INITIALS OF GAARANTOR
21. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this
lease, to secure the payment of 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, be appointed in any such
foreclosure proceeding, who shall take possession ofsaid premises and who may relet the
same under the orders of the court appointing him. This Lessor's Lien shall only be
applicable to installed, built-in, non-moveable personal property, by way of example and
not limitation, such items as built in bars, ovens, non-moveable installed coolers and
freezers, etc.
22. REMOVAL OF OTIIER LIENS/Work on the Premises. Lessee shall not allow
a lien to be placed on the Premises. In event any lien upon Lessor's title results from any
act or neglect of Lessee, and Lessee fails to remove said lien within ten days after
Lessor's notice to do so, Lessor may remove the lien by paying the full amount thereofor
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 reasonable costs, expenses and counsel fees. In all cases, Lessee must first notify
Lessor of all intended work which could be lienable. In the event of a lien that the LesseE
desires to contest, then upon the notice ofthe lien, the Lessee shall tender to the Lessor's
attorney the sum of 150% the amount of the lien. Which sum may be drawn down upon
by the Lessor while it monitors' the case as the Lessee defends. The funds shall be used
to pay for Lessor's attomey's fees when billed and to pay the lien in the event there is a
judgment that has not been bonded over by the Lessee on appeal. In the event the funds in
the Attorney's account or the financial institution ever fall below 100% of the lien
(except when the judgment has been paid), then the Lessee shall, upon demand increase
the sum to 150%. This paragraph is in addition to the Guaranty of the Guarantor.
23, REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the Rent reserved
hereby (during the balance of the term hereof, or during any extension hereof) shall not
be deemed to be waived, released or terminated, by the service of any five-day notice,
other notice to collect, 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
Premises. The Lessor may collect and receive any rent due from Lessee, and payment or
receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in

Page 9
 any manner whatsoever waive, affect, change, modify or alter any rights or remedies
which Lessor may have by virtue hereof.
FILED DATE: 7/21/2020 10:56 AM 20201111091

24. NOTICES. Notices may be served on either party at the respective addresses given at
the beginning of this lease, Except as otherwise provided herein, Notice served by
a. By Certified Mail. Certified mail shall be effective on the date of mailing; or
b. By facsimile transmission. Notice shall be effective as of date and time of the
transmission, provided that the Notice transmitted shall be sent on Business Days
during Business Hours. In the event Notice is transmitted during non-business
hours, the effective date and time of Notice is the first hour of the next Business
Day after transmission; or
c. By e-mail transmission. Notice shall be effective as of date and time of e-mail
transmission, provided that, in the event e-mail Notice is transmitted during non-
business hours, the effective date and time of Notice is the first hour of the next
Business Day after transmission.
d. By commercial ovemight delivery (e.g., FedEx). Such Notice shall be effective
on the next Business Day following deposit with the overnight delivery company.
e. Notices to the Lessee may be sent to the Premises or to the Registered Agent of
the Lessee which is presently, Larry Swibel,200 W MADISON ST STE 3000,
Chicago, IL 60606 or to or its attorney:
i. Tom Buranosky, Fox, Swibel Levin & Carroll, LLP, 200 West Madison,
Suite 3000, Chicago, IL, fax at 312-224-1201 and email at
tburanosky@fslc.com
f. Notices to the Lessor shall be sent to each of
i. Gino Battaglia at P.O. Box 10122, Chicago lL 60610-0122 with a copy
sinobatt@.sbcelobal.net and a copy
ii. David S. Dordek, Dordek, Rosenburg & Associates, P.C., 8424 Skokie
Boulevard, Suite 200, Skokie, IL 60077, 312-896-9563 eFax, email at
David@Drapc.com
25. SALE OF BUILDING BY LESSOR.
a. No Further Liability. In the event of any sale or exchange of the Property on
which the Premises is located by Lessor and an assignment by Lessor of this
lease, upon written notice of same to Tenant with name and address of new
owner, selling Lessor shall be and is hereby entirely relieved ofall liability ofany
and all of its covenants and obligations contained or derived from this lease
arising out of any act, occurrence, or omission relating to the Leased Premises of
this Lease first arising from and after the sale or exchange.
26. MISCELLAIIEOUS.
a. Provisions typed on this lease and all riders attached to this lease and signed by
Lessor and Lessee are hereby made a part of this lease.
b. 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,
c. Lessee may not record this Lease unless Lessor specifically permits such
recording.

Page l0 of 16
 d. The rights and remedies hereby created are cumulative and the use ofone remedy
shall not be taken to exclude or waive the right to the use of another. In the event
FILED DATE: 7/21/2020 10:56 AM 20201111091

the Lessor does not exercise any right it may have against the Lessee in any one
instance shall never estop Lessor from enforcing any right in the future,
e. The words "Lessor" and "Lessee" wherever used in this lease shall be construed
to mean Lessors or Lessees in all cases where there is more than one Lessor or
Lessee, and to apply to individuals, male or female, or to firms or corporations, as
the same may be described as Lessor or Lessee herein, and the necessary
grammatical changes shall be assumed in each case as though fully expressed.
f. Limited Liability. Notwithstanding anything herein to the contrary in this
agreement or in law or equity, no claim may be made against the Lessor herein
beyond any asset other than the Building in which the Premises is a part. The
Lessee, for itself and all of its officers and shareholders and anyone or any entity
claiming through it, its successors and assigns agrees that it cannot and will not
extend any claim against the Lessor beyond the building and any such claim will
be void and ofno effect.
g. Lessor may assign all ofits rights herein upon notice to the Lessee
27. SEVIRABILITY. lf any clause, phrase, provision or portion of this lease or the
application thereof to any person or circumstance shall be invalid, or unenforceable under
applicable law, such event shall not affect, impair or render invalid or unenforceable the
remainder ofthis lease nor any other clause, phrase, provision or portion hereof, nor shall
it affect the application ofany clause, phrase, provision or portion hereofto other persons
or circumstances.
28. EXTENSION OF LEASE. Provided Lessee has tendered Lessor a notice of extension
at least 180 days prior the then scheduled current term of this Lease and the Lessee is not,
at time ofthe notice nor at the termination ofthat term, in default, then, the Lessee may
extend the Lease Term up to two times, each time (a "Renewal Period") for an additional
five year term, each term under the same terms and conditions herein; provided however
that the base rent at the start of each 5-year Renewal Period shall be 106Y' of the base
rent of the previous year, and after the first year of each Renewal Period, base rent shall
increase by three percent (3%) per year through the remainder of the Renewal Period
29. LESSEE IMPROVEMENTS. The Lessee shall have the right to use outdoor space
for parking and outdoor seating (subject to Lessee obtaining all necessary municipal
permits). All construction shall be lien free as set forth above. Any construction shall be
in accordance with permits issued by the City of Chicago. Lessor shall have the right to
reasonably approve the plans and specifications and shall be advised of all costs of
construction. Such plans and costs must be tendered to the Lessor at least 5 days prior to
the time that the Lessee reasonably requires the approval so as to give the Lessor time to
review them. Lessee shall have the right to inspect the Premises at all times during
construction.
30. QIjIET POSSESSION. Provided Lessee pays all applicable rent and complies with
the terms of this Lease, Lessor shall assure Lessee of quiet possession of the Premises
throughout the term ofthis Lease.
31. ROOF. Lessor is in the process of placing new shingles on the Roof and shall
warrant the roof for I 0 years.

Page 1 1
 32. NO BROKER. The parties represent to each other that no broker was involved in
the procurement of this Lease.
FILED DATE: 7/21/2020 10:56 AM 20201111091

33. LIQUOR LICENSE.If Lessee is unable to obtain a liquor license with the from the City
of Chicago for service of liquor in the Premises within sixty (60) days after the date of
this Lease, Lessee shall have a right to terminate this Lease upon delivery of notice to
Lessor prior to the end of such sixty-day period. This Lease shall terminate immediately
upon Lessor's receipt of such notice; provided, however, Lessor shall be entitled to retain
the security deposit in consideration for such termination.
34. CLOSING CONTINGENCY. Notwithstanding anything otherwise set forth in this
Lease, this Lease and the Guaranty hereof is contingent on the occurrence of a Closing
(as dehned in the Stock Purchase Agreement (as defined below)) of the transactions
contemplated under that certain Stock Purchase Agreement dated of even date herewith
among 1002 N California Restaurant LLC and Gino Baftaglia and Bemadette Battaglia
(the "Stock Purchase Agreement"), and this Lease and the Guaranty hereof shall not be
effective until such Closing occurs.

EXECUTION OF THIS LEASE IS ON THE NEXT FOLLOWING PAGE.

Page 12 of 16
FILED DATE: 7/21/2020 10:56 AM 20201111091

If TtfXfSS the hands ond seals of the parties hereto, as ofthe Date of Lease stated
Please print or type name(s) Lelow signaturels).
W "Uo"..
LESSEE: LESSOR:

958 N CALIFORNIA RESTAURANT LLC,

an lllinois limited liability company
GINO BATTACLIA, AS ACENT FOR 958 G
By: HOGSALT HOSPITALITY NORTH CALIFORNIA LI-C, AN ILLINOIS
MANAGEMENT Manager LIMITED LIABILITY COMPANY, and
958 BNORTH CALIFORNIA LLC, AN
By: ILLINOIS LIMITED LIABILITY COMPANY

Its: Manager

Address:

This lease is personally guaranteed, pursuant to paragraph 19 above and signed here by:

HOGSALTHOLDING LLC

Its:

Page 13
FILED DATE: 7/21/2020 10:56 AM 20201111091

I f TI.fNrr$S the han& and sEsls ofthe parties hereto, as oftle Dat* oflsase statsd
above. Flcas€ print or ryps name(s) below signatue{*}'
!1/t}/
T,E$$Etr: r*tr$$oR;

958 N CA}JFORNIA RESTAURANT LTC'

an Illnoie timit*d lisbility oompany
A$A6SNTFOR958 G
LLC. ANILL'NOIS
BY: HOGSALT HOSPITALITY
MANAGEMENT LI,C' hs Manager LTMITED LIABILITY COMIANY, snd
Its BNORTH CALIT0XNL4 Llc'AN
tsy:
:LrJNOIS TTMITED LTABII,ITY COMTANY
Namel Brendan I. Sodikof
fis: Man*gs
Addrcss:

a?*}*

19 *bove and ;igned here byr

This lcase is persomlly g*ralrfted" purzustt to ptr&graph

I{O6SALTHOLDINS LLC

By:
N*me :
Brvndrn J. Sodikcff
lts: Managsr

Page 13
 EXHIBIT A
FILED DATE: 7/21/2020 10:56 AM 20201111091

TIIE PREMISES

LOTS I AND 2 IN BLOCK 16 IN HUTCHINSON AND COLT'S

SUBDIVISION OF BLOCKS 2,6, T2 AND 16 IN CARTER'S
SUBDIVISION OF BLOCKS 1,2,3,4 AND 7,IN CLIFFORD'S
ADDITION TO CHICAGO IN THE EAST 1/2 OF THE SOUTHWEST
II4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.

P.I.N.: l6-01-317-015-0000

A-1
FILED DATE: 7/21/2020 10:56 AM 20201111091

MM SURVEYING CO., INC.

ti{fi*l*iL !arc{ i*rao r&&to
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qisfi s!?Iffi ffi ss#ieHw**r!r'Es}m*.

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rl

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A.-2
 Return Date: 8/28/2020
Hearing Date: No hearing scheduled
Courtroom Number: No hearing scheduled
Location: No hearing scheduled FILED
7/21/2020 10:56 AM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 7/21/2020 10:56 AM 20201111091

20201111091

9830275