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EXHIBIT 6c.
EXECUTIVE PARK WEST STANDARD FORM LEASE
LANDLORD: PINE DEVELOPMENT, INC.
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TENANT: INTERNATIONAL ENERGY CONSULTANTS
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BUILDING: 0000 X. Xxxxxxxxxx
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SUITE: 6857
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RENTABLE AREA: 1,288 square feet (approximately)
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COMMENCEMENT DATE: February 15, 1999
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TERMINATION DATE: February 28, 2002
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USE: General Offices
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EXECUTIVE PARK WEST STANDARD FORM LEASE
TABLE OF CONTENTS
Article 1: Premises...........................................................1
Article 2: Term...............................................................1
Article 3: Rent...............................................................1
Article 4: Parking............................................................2
Article 5: Rental Tax.........................................................2
Article 6: Security Deposit...................................................2
Article 7: Common Area........................................................3
Article 8: Services...........................................................4
Article 9: Possession, Use and Enjoyment......................................5
Article 10: Condition and Care of Premises.....................................5
Article 11: Landlord's Maintenance.............................................6
Article 12: Return of Premises.................................................6
Article 13: Holding Over.......................................................7
Article 14: Alterations and Improvements Subsequent to Initial Occupancy.......7
Article 15: Destruction, Restoration and Repair of Leased Premises.............8
Article 16: Release and Waiver of Certain Claims--Indemnity by Tenant..........9
Article 17: Insurance..........................................................9
Article 18: Assignment and Subletting.........................................10
Article 19: Default: Rights and Remedies......................................10
Article 20: Landlord's Rights.................................................12
Article 21: Estoppel Letter...................................................13
Article 22: Subordination and Attornment......................................14
Article 23: Condemnation......................................................14
Article 24: Real Estate Brokers...............................................14
Article 25: Assignment or Sale by Landlord....................................15
Article 26: Notices...........................................................15
Article 27: Rules and Regulations.............................................15
Article 28: Nonwaiver.........................................................15
Article 29: Miscellaneous.....................................................16
EXHIBITS
X-0 Xxxx Xxxx
X-0 Xxxxx Xxxx
X Rules and Regulations
C Rent Commencement Certificate
D Real Estate Disclosure
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EXECUTIVE PARK WEST STANDARD FORM LEASE
This Lease made this 1st day of February, 1999, between Pine
Development, Inc. ("Landlord") and International Energy Consultants ("Tenant").
ARTICLE 1: PREMISES
Landlord hereby leases to Tenant and Tenant hereby rents from Landlord
approximately 1,288 square feet of rentable area ("Rentable Area") commonly
known as 6857 ("Premises"") in that certain building located at 0000 Xxxx
Xxxxxxxxxx Xxxxxxxxx, Xxx Xxxxx, Xxxxxx, 00000 ("Building"). The Premises are
outlined on the site plan and floor plan marked as Exhibits "A-1" and "A-2",
attached hereto and made a part hereof and is subject to all liens, covenants,
easements, agreements and restrictions of record. The Building is part of an
office park development consisting of nine (9) separate office buildings and
certain common areas ("Common Area") which are subject to and governed by the
Rules and Regulations relating to the office park. Said letting and renting are
upon and subject to the terms, covenants and conditions set forth herein, and
Tenant covenants, as a material part of the consideration for this Lease, to
keep and perform each and all of said terms, covenants and conditions by it to
be kept and performed, and this Lease is made upon the condition of such
performance by Tenant.
ARTICLE 2: TERM
This Lease shall be for a term of thirty-six (36) months, commencing on
the 15th day of February, 1999, ("Commencement Date"), and ending on the 28th
day of February, 2002, unless sooner terminated as provided herein. Tenant shall
execute a certificate evidencing the commencement date which shall become a part
hereof and marked as Exhibit "C".
ARTICLE 3: RENT
Tenant agrees to pay Landlord, without prior notice or demand and
without offset of deduction whatsoever, in legal tender of the United States of
America for the payment of public or private debts at the office of the
Landlord's Agent or elsewhere as designated from time to time by Landlord's
written notice to Tenant, rent at the monthly rate as set forth below ("Base
Rent"). Base Rent shall be paid monthly in advance on the first day of each
calendar month of the term, except that the first payment of Base Rent shall be
made by Tenant upon its execution of this Lease and shall be prorated for a
partial month if the Commencement Date is other than the first day of a month.
All charges, costs and sums required to be paid by Tenant to Landlord under this
Lease including the Base Rent and the Additional Rent (as hereinafter defined),
shall be collectively called "Rent". Tenant's covenant to pay Rent shall be
independent of every other covenant in this Lease. Monthly Rents are due and
payable on the first (1st) of each month without notice or demand. Monthly Rents
shall be considered delinquent on the eleventh (11th) of each month and shall be
subject to a ten percent (10%) late charge, to offset Landlord's increased
administrative burden caused by such late payment.
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A. Base Rent. Beginning on the 15th day of February, 1999, and on the
first day of each month thereafter, Tenant agrees to pay Base Rent as follows:
Months Rate per Square Foot Monthly Rent
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February 15, 1999 to August 31, 1999 $1.62 $2,093.00
September 1, 1999 to February 28, 2000 $1.95 $2,511.60
March 1, 2000 to February 28, 2001 $2.02 $2,612.06
March 1, 2001 to February 28, 2002 $2.10 $2,716.54
ARTICLE 4: PARKING
Tenant shall be provided with One (1) covered parking space shall be
free of charge and No (2) shall be at thirty-five dollars ($35.00) per month
commencing February 15, 1999. The parking areas referred to in this Article 4
shall be used on a non-exclusive basis with other occupants of the Building.
Parking is provided in the park at a ratio of approximately 5 parking spots per
1,000 square feet. In the event that Tenants parking requirement exceeds this
ratio, Landlord may dictate certain parking areas where Tenants employees must
park. The parking lot may not be used to store vehicles or to work on vehicles.
No vehicle shall be parked in a parking lot for more than twenty-four (24)
consecutive hours. Tenant and its customers, employees and tradesmen may park
only licensed and operative vehicles on the surfaced parking lot adjacent to the
Demised Premises only during Tenant's normal business hours on terms and
conditions as may be established by Landlord from time to time during the term
of this Lease. Any vehicles parked in the parking lots in breach of these terms
may be towed away at Tenant's expense. Tenant releases, indemnifies, and holds
harmless Landlord and Landlord's officers, employees and agents from any claims
arising from or relating to such towing of vehicles including any consequential
damages or loss of property or loss of the use of the vehicle or other property.
The right to tow a vehicle is in addition to Landlord's rights under the Lease
for default or breach of any of the terms hereof
Other than parking, egress and ingress, Tenant has no right to use the
common areas, and Tenant shall not obstruct the common areas, including the
sidewalks, landscaped areas, paved areas, parking lots, or driveways.
ARTICLE 5: RENTAL TAX
Tenant agrees to pay the Landlord at the same time as the due date for
the Base Rent: (i) any tax allocable to or measured by the area of the premises
or the rental payable hereunder, including without limitations, any gross income
privilege, sales or excise tax levied by the state, any political subdivision
thereof, city municipal or federal government, with respect to the payment by
Tenant or the receipt by Landlord of such rental, or upon or with respect to the
possession, leasing, operating, management, maintenance, alteration, repair, use
or occupancy by Tenant of the Premises or any portion thereof; and (ii) any tax
upon this transaction or any document to which Tenant is a party, creating or
transferring an interest or an estate in the Premises.
ARTICLE 6: SECURITY DEPOSIT
Tenant has deposited with Landlord the sum of Five Thousand
Twenty-three and 20/100 ($5023.20) as security for the full and faithful
performance of every provision of this Lease to be
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performed by Tenant. [Three hundred twenty-two and 00/100 ($322.00) of the total
security deposit amount shall be a non-refundable cleaning fee.] If Tenant
defaults with respect to any provision of this Lease, including, but not limited
to, the provisions relating to the payment of Rent, Landlord may use, apply or
retain all of any part of this security deposit for the payment of any Rent and
any other sum in default, or for the payment of any other amount which Landlord
may spend or become obligated to spend by reason of Tenant's default or to
compensate Landlord for any loss or damage which Landlord may suffer by reason
of Tenant's default. If any portion of said deposit is to be used or applied)
Tenant shall, within five (5) days after written demand therefor, deposit cash
with Landlord in an amount sufficient to restore the security deposit to its
original amount, and Tenant's failure to do so shall be a material breach of
this Lease. Landlord shall not he required to keep this security deposit
separated from its general funds, and Tenant shall not be entitled to interest
on such deposit.
ARTICLE 7: COMMON AREA
For purposes of this Lease "Common Area" shall mean all areas,
improvements, space, equipment and special services in or at the office park
provided by Landlord for the common or joint use and benefit of tenants,
customers, and other invitees as defined in the Rules and Regulations contained
in Exhibit "B" attached to this Lease, including without limitation, all parking
areas (which may be leased by parking stall or otherwise), access roads,
driveways, entrances and exits, retaining walls, covered parking structures,
pedestrian walkways, walls, courtyards, concourses, stairs, ramps, sidewalks,
washrooms, signs identifying or advertising the office park, and trash or
rubbish areas.
Provided Tenant is not in default under this Lease, Tenant shall be
entitled to use, in common with other entitled thereto, the Common Area as may
be designated from time to time by Landlord, subject, however, to the terms and
conditions of this Lease, and to the rules and regulations for the use thereof
as may be prescribed from time to time by Landlord. If the size or configuration
of the Common Area is diminished or altered, Landlord shall not be liable to
Tenant therefore, nor shall Tenant be entitled to any compensation or diminution
or abatement of Rent, nor shall such diminution or alteration of the Common Area
be considered a constructive or actual eviction.
The Common Area shall at all times be subject to the exclusive control,
management, operation and maintenance of Landlord. Landlord shall have the right
from time to time to establish, modify and enforce rules and regulations with
respect to the Common Area. Tenant agrees to comply with such rules and
regulations, to cause its officers, agents, contractors and employees to so
comply and to use its best efforts to cause its customers, invitees and
concessionaires, suppliers and licensees to so comply. Landlord shall have the
right to construct, maintain and operate lighting facilities in and on the
Common Area; to police the same; from time to time to change the area, level,
location or arrangement of parking areas and other facilities located in the
Common Area; to close all or any portion of the Common Area to such extent as
may, in the opinion of Landlord, be legally sufficient to prevent a dedication
thereof or accrual of any rights to any person or the public therein; to close
temporarily all or any pan of the parking areas or parking facilities; and to do
and perform such other acts in and to the Common Area as, in the exercise of
good business judgement, Landlord shall determine to be advisable. Landlord will
operate and maintain the Common Area in such manner as Landlord, in its sole
discretion, shall determine from time to time.
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ARTICLE 8: SERVICES
A. Services Provided by Landlord: Landlord shall provide the following
services.
(1) Electricity, to the extent reasonably necessary for the
occupancy of the Premises under normal business operations and
in the absence of the use of business machines or equipment,
including, but not limited to, computers or computer-related
equipment, which affect the temperature otherwise maintained
in the Premises subject, however, to applicable legal
requirements and restrictions. It is understood that Tenant
shall use electricity only for building standard lighting,
typewriters, adding machines, calculators, and small computers
and reproduction machines. To the extent electricity is used
for any other purpose, Tenant's Rent may be increased by
Landlord in such amounts as Landlord reasonably determines to
cover the costs of such increased use. Electricity use is
limited by Paragraph (B) below;
(2) City water from the regular Building fixtures for drinking,
lavatory and toilet purposes only;
(3) Customary maintenance of the Common Area;
(4) Security, external security of the office complex at the sole
discretion of Landlord. In the event Landlord discontinues
after hours security services, Landlord will then notify
Tenant in writing. Tenant shall hold Landlord harmless for any
loss and/or damages for security related claims.
B. Electricity Use Limits: Landlord agrees to pay electric charges
attributable to the "Demised Premises" and a pro-rata share of the House Meter
in an amount not to exceed ten cents ($0.10) per square foot per month, averaged
over one calendar year. Any amount in excess of ten cents ($0.10) per square
foot will be charged to Tenant. Amount of monthly electric charges shall be
evidenced by copies of monthly bills.
C. Utility Limits: Landlord shall not be obligated to furnish any
services or utilities, other than those stated above. If Landlord elects to
furnish services or utilities requested by Tenant in addition to those listed
above or at times other than those stated above, Tenant shall pay to Landlord
the prevailing charges for such services and utilities, within ten (10) days
after billing. If Tenant fails to make any such payment, Landlord may, without
notice to Tenant and in addition to Landlord's other remedies under this Lease,
discontinue any or all of such additional or after-hour services. No such
discontinuance of any service shall result in any liability of Landlord to
Tenant or be considered an eviction or a disturbance of Tenant's use of the
Premises.
D. Untenantability of Demised Premises: If, as a result of any failure
to furnish or delay in furnishing any of the services described above, the
Premises are rendered substantially untenantable for a period of forty-eight
(48) consecutive hours, and Tenant does not occupy the Premises due to such
untenantability, then, commencing upon the expiration of said forty-eight (48)
hour period, Base Rent shall xxxxx for the duration of such untenantability or
ten (10) days, whichever is shorter, until Tenant is able to resume occupancy of
the Premises. Tenant agrees that Landlord shall not be liable for damages (other
than the abatement of rent described above) for failure to furnish or delay in
furnishing any services. In addition, no such failure or delay shall be
considered to be an eviction or disturbance of Tenant's use or possession of the
Premises, or relieve Tenant from its obligation to pay all Rent when due or from
any other obligations of Tenant under this lease, except as stated
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above.
E. Services provided by Tenant: Tenant shall make arrangements
directly with the telephone company servicing the Building for telephone
services in the premises desired by Tenant and pay for all telephone service
used or consumed in the Premises. Tenant shall make arrangements and pay for
janitorial services for the premises. Tenant shall be responsible and pay for
all interior maintenance for the Premises, including but not limited to, repairs
or replacements thereto, such as overhead fluorescent light bulbs, etc.
ARTICLE 9: POSSESSION, USE AND ENJOYMENT
A. Possession and Use of Premises: Tenant shall be entitled to
possession of the Premises on or before February 15, 1999 ("Estimated Occupancy
Date"). Tenant agrees to use and occupy the Demised Premises during the term of
this Lease for the purpose of General Offices and for no other purpose
whatsoever without the written consent of Landlord. Tenant shall not use, or
permit the Demised Premises, or any part thereof, to be use, for any purpose or
purposes other than the purpose for which said premises are hereby leased.
Tenant shall occupy and use the Premises for general office purposes only
consistent with C-1 zoning under the City of Las Vegas, Nevada, Zoning Codes.
Tenant shall not occupy or use the Premises or permit the use of occupancy of
the Premises for any purposes or in any manner which: (1) is unlawful or in
violation of any applicable legal, governmental or quasi-governmental
requirement, ordinance or rule; (2) may be dangerous to persons or property; (3)
may invalidate or increase the amount of premiums for any policy of insurance
affecting the Building or the Premises; or (4) may create a nuisance, disturb
any other Tenant of the Building or the office park or the occupants of
neighboring property or injure the reputation of the office park. Tenant shall
notify Landlord of their move in date and provide the names of any moving trucks
and companies that will be in the Park.
Animals including watchdogs, are not allowed on the Demised Premises or
common areas.
ARTICLE 10: CONDITION AND CARE OF PREMISES
Tenant's taking possession shall be conclusive evidence against Tenant
that the portion of the premises taken possession of was substantially completed
and then in good order and satisfactory condition. No promises of the Landlord
to alter, remodel, improve, repair, decorate or clean the Premises or any part
thereof have been made, and no representation respecting the condition of the
Premises, the Building or the Common Area has been made to Tenant by or on
behalf of Landlord except to the extent expressly set forth herein. Except for
any damage directly resulting from the negligence of the Landlord, Tenant shall,
at its own expense, keep the Premises in good repair and tenantable condition
and shall promptly and adequately repair all damage to the Premises, whether or
not caused by Tenant or any of its employees, agents or invitees, including, but
not limited to, replacing or repairing all damage or broken glass, fixtures and
appurtenances resulting from any such damage, under the supervision and with the
approval of Landlord and within any reasonable period of time specified by
Landlord. If Tenant does not do so promptly and adequately, Landlord may, but
need not, make such repairs and replacements, and Tenant shall pay Landlord the
cost thereof within ten (10) days after demand for payment. Interest on any
unpaid amount shall accrue at 18% per annum.
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Tenant shall, at his own expense, keep the premises in good repair and tenable
condition and shall promptly and adequately repair all damages to the premises,
whether or not caused by Tenant or any of its employees, agent or invitees or
any other causes. Such repairs include, but are not limited to glass entry
doors, locks, windows, sliding glass windows, automatic closures and water
heaters, replacing or, repairing all damages caused by use or otherwise or
glass, fixtures, and appurtenances resulting from any such damages. All work
shall be under the supervision and with approval of Landlord and within any
reasonable period of time specified by Landlord. Said maintenance and repairs
shall include all exterior doors, refrigerator and fire extinguishers and all
other equipment contained within the premises.
ARTICLE 11: LANDLORD'S MAINTENANCE
Landlord, at its expense, shall maintain and make necessary repairs to the
exterior and structural elements of the Building and the Common Area, and the
electrical, plumbing, heating, ventilation and air conditioning systems therein
except that: (a) Landlord shall not be responsible for the maintenance, repair
or replacement of any such systems which are located within the Premises and are
SUPPLEMENTAL OR SPECIAL to the Building's standard systems, whether installed
pursuant to a Work Agreement or otherwise, or floor or wall coverings in the
Premises; and (b) the cost of performing any maintenance or repairs caused by
the negligence or misuse of Tenant, its employees, agents, servants, licensees,
subtenants, contractors or invitees or the failure of Tenant to perform its
obligations under this Lease shall be paid by Tenant.
ARTICLE 12: RETURN OF PREMISES
At the termination of this Lease by lapse of time or otherwise or upon
termination of Tenant's right of possession without terminating this Lease,
Tenant shall surrender possession of the Premises to Landlord and deliver all
keys to the premises to Landlord and make known to the Landlord the combination
of all locks or vaults then remaining on the Premises, and shall return the
Premises and all equipment and fixtures of the Landlord therein to Landlord in
as good a condition as when Tenant originally took possession, ordinary wear,
loss, or damage by fire or other insured casualty, alone, excepted, failing
which Landlord may restore the Premises and such equipment and fixtures to such
condition and Tenant shall pay the cost thereof. All installation, additions,
partitions, hardware, light fixtures, no-trade fixtures and improvements,
temporary or permanent, except movable furniture and trade equipment belonging
to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord,
shall be Landlord's property and shall remain upon the Premises, all without
compensation, allowance or credit to Tenant; provided, however, that if prior to
such termination or within ten (10) days thereafter, Landlord so directs by
notice, Tenant, at Tenant's sole cost and expense, shall promptly remove such of
the installations, additions, partitions, hardware, light fixtures, non-trade
fixtures and improvements placed in the Premises by Tenant as are designated in
such notice and repair any damage to the Premises caused by such removal,
failing which Landlord may remove the same and repair the Premises, and Tenant
shall pay the cost thereof to Landlord on demand. Tenant shall remove Tenant's
furniture, machines, safes, trade fixtures and other items of personal property
of every kind and description from the Premises prior to the end of the Term
failing which, Landlord may do so and thereupon the provisions relating to a
default (pursuant to article 19 "F") by Tenant shall apply. All obligations of
Tenant hereunder shall survive the expiration or sooner termination
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of the Term of this Lease. If, within sixty (60) days of lease expiration,
Tenant has not renewed lease agreement, Landlord may show premises to
prospective Lessees during normal business hours.
ARTICLE 13: HOLDING OVER
If, without the execution of a new lease or a written extension of this
Lease, Tenant shall, with or without the consent of Landlord, hold over after
the expiration of the Term hereof, Tenant shall be deemed to be occupying the
Premises as a Tenant from month to month on the same, terms and conditions as
contained in this Lease except as provided by this Article. The Tenant shall pay
Landlord for each day Tenant retains possession of the Premises or any part
thereof after termination of this Lease, by lapse of time or otherwise, an
amount which is one-hundred fifty percent (150%) of the amount of rent for a day
(computed on a year of 360 days) based on the annual rate applicable under
Articles 3 and 4 immediately prior to the period in which such
termination/retention occurs, and Tenant shall also pay all damages,
consequential well as direct, sustained by Landlord by reason of such retention.
Acceptance by Landlord of Rent after such termination shall not constitute a
renewal. Nothing in this Article contained shall be construed or operate as a
waiver of Landlord's right of re-entry or any other right of Landlord.
ARTICLE 14: ALTERATIONS AND IMPROVEMENTS SUBSEQUENT TO INITIAL OCCUPANCY
A. Tenant's Alterations Subsequent to initial Occupancy: Subsequent to the
initial occupancy of the Premises by Tenant, Tenant shall not, without the prior
written consent of Landlord, make or cause to be made any alterations,
improvements, additions or installations in or to the Premises. Landlord's
consent shall not be unreasonably withheld except in the case of structural
alterations, improvements, additions or installations, consent for which may be
withheld for any reason whatsoever. Prior to commencement of any such work or
delivery of any materials into the Premises or the Building, Tenant shall
furnish to Landlord for approval: Architectural plans and specifications, names
and addresses of all contractors, insurance, including, but not limited to,
evidence of Worker's Compensation Insurance to the Extent of the statutory
limits required by applicable law, wherein Landlord is insured as an alternate
employer, and instruments of indemnification against any and all claims, cost,
expenses, damages and liabilities which may arise in connection with such work,
all in such form and amount as may be satisfactory to Landlord. In addition,
prior to commencement of any such work or delivery of any materials into the
Premises, Tenant shall provide Landlord with evidence reasonably satisfactory to
Landlord of Tenant's ability to pay for such work and materials in full, and, if
requested by Landlord, shall deposit with Landlord at such time such security
for the payment of said work and materials as Landlord may require. Tenant
agrees to hold Landlord forever harmless against all claims and liabilities of
every kind, nature and description which may arise out of or in any way be
connected with such work. Landlord shall not pay any third parties directly any
amount whatsoever but shall release such payments to Tenant only upon completion
of such work. Tenant shall pay the cost of all such work. Upon completion of
such work, Tenant shall furnish Landlord with contractor's affidavits and full
and final waivers of lien and receipted bills covering all labor and materials
expended. Any such work shall be in compliance with all applicable legal,
governmental and quasi-governmental requirements, ordinances and rules and all
requirements of applicable insurance companies. All such work shall be done in a
good workmanlike manner and with
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the use of first quality materials. Tenant shall permit Landlord, if Landlord so
desires, to inspect construction operations in connection with such work,
provided, however, that such inspection or right to inspect by Landlord shall
not constitute any warranty by Landlord to Tenant of the adequacy of the design,
workmanship or quality of such work or materials for Tenant's intended use or
impose any liability upon Landlord in connection with the performance of such
work. All alternations, improvements, additions and installations to or on the
Premises shall, subject to Article 11, become part of the Premises at the time
of their installation and shall remain in the Premises at the expiration or
termination of this Lease, or termination of Tenant's right of possession of the
Premises, without compensation or credit to Tenant.
B. Liens: Tenant shall not permit any lien or claim for lien of any
mechanic, laborer or supplier or any other lien to be filed against the Building
or any part of such property arising out of work performed, or alleged to have
been performed by, or at the direction of, or on behalf of Tenant. If any such
lien or claim for lien is filed, Tenant shall, within fifteen (15) days after
such filing, either have such lien or claim for lien released of record or shall
deliver to Landlord a bond or other security in form, content, amount and issued
by a company satisfactory to Landlord indemnifying Landlord, and others
designated by Landlord against all costs and liabilities resulting from such
lien or claim for lien and the foreclosure or attempted foreclosure thereof. If
Tenant fails to have such lien or claim for lien so released or to deliver such
bond to Landlord, Landlord, without notice or investigating the validity of such
lien, may pay or discharge the same, and Tenant shall reimburse Landlord upon
demand for the amount so paid by Landlord, including Landlord's expenses and
attorneys' fees.
ARTICLE 15: DESTRUCTION, RESTORATION AND REPAIR OF LEASED PREMISES
Subject to Tenant's obligations under Article 9 hereof: (a) If either the
Premises or the Building (including machinery or equipment used in its operation
shall be destroyed or damaged by fire or other insured cause to the extent of
twenty percent (20%) or less of the insured value of either the Premises of
Buildings, as the case may be, in the reasonable opinion of Landlord, and if
such Premises or building may be repaired and restored within ninety (90) days
after the date of such damage, then Landlord shall repair and restore the same
with reasonable promptness, provided, however, that in no event shall Landlord
be required to repair any damage in excess of the insurance proceeds recovered
therefor; (b) If such damage is to the extent of more than twenty percent (20%)
of the insured value of either the Premises or Building, as the case may be, in
the reasonable opinion of Landlord, or if such Premises or Building may not be
repaired and restored within ninety (90) days after the date of such damage or
destruction, in the reasonable opinion of the Landlord, then Landlord shall have
the right to cancel and terminate this Lease and all rights and obligations of
the parties thereunder upon giving notice of same to the Tenant at any time
within sixty (60) days from the date of such damage or destruction shall have
occurred; (c) In the event any such damage or destruction not caused by the act
or neglect of Tenant, its agents, employees, servants, or invitees, renders the
Premises, in the reasonable opinion of Landlord, untenantable and if this Lease
shall not be canceled and terminated by reason of such damage then Rent shall
xxxxx during the period beginning with the date of such fire or other insured
cause and ending with the date when the Premises are again rendered tenantable
by an amount bearing the same ratio to the total amount of Rent for such period
as the untenantable portion of the Premises bears to the entire Premises. If
such damage or destruction was the result of an act or neglect of Tenant, its
employees, agents, servants or invitees,
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Rent shall not xxxxx during such period: (d) If any damage or destruction to
the Building or Premises is the result of an act or neglect of Tenant, its
employees, agents, servants, or invitees, such damage or destruction shall be
repaired or restored by Tenant, under the supervision and with the approval of a
Landlord, at Tenant's sole cost and expense.
ARTICLE 16: RELEASE AND WAIVER OF CERTAIN CLAIMS--INDEMNITY BY TENANT
To the extent not expressly prohibited by law, Tenant releases
Landlord, and its agents, servants and employees, from and waives all claims for
injury (including death) or damage to person or property sustained by the Tenant
or by any occupancy of the Premises or the Building, or by any other person,
resulting directly or indirectly from fire or other casualty, or any existing or
future condition, defect, matter or this in or about the premises, the Building,
the Common Area, the office park, or any part of it, or from any equipment or
appurtenance therein, or from any accident in or about the Building, or the
Common Area, or the office park or from any act or neglect of any Tenant or
other occupant of the Building, or the Common Area, or the office park or any
other person, including Landlord's agents, employees, and servants. If any
damage to the Premises or the building or any equipment or appurtenance therein
whether belonging to Landlord or to other tenants in the building results from
any act or neglect of the Tenant, its employees, agents or invitees, Tenant
shall be liable therefor, and Landlord, may at its option, repair such damage
and Tenant shall, upon demand by Landlord, reimburse Landlord for all costs of
such repairs and damages plus interest at 18%. All personal property belonging
to the Tenant or any occupant of the Premises that is in the Building or the
Premises shall be there at the risk of the Tenant or other person only, and
Landlord shall not be liable for damage thereto or theft or misappropriation
thereof. To the extent not expressly prohibited by law, Tenant agrees to hold
Landlord and its agents, servants and employees harmless and to indemnify each
of them against loss, claims and liabilities, including reasonable attorney's
fees, for injuries (including death) to all persons and damage to or theft or
misappropriation or loss of property occurring in or about the Premises, the
Building, the Common Area or office park arising from Tenant's occupancy of the
Premises or the conduct of its business or from any activity, work, or things
done, permitted or suffered by Tenant in or about the Premises, the Common Area,
the Building or office park, or from any breach or default on the part of Tenant
in the performance of any covenant or agreement on the part of Tenant to be
performed pursuant to the terms of this Lease or due to any other act or
omission of the Tenant, its agents, employees or invitees.
ARTICLE 17: INSURANCE
During the term of this Lease and any extension thereof, Landlord may
obtain and maintain any insurance which (1) it reasonable deems necessary to
protect its interests in the Premises, the Building of which the Premises are a
part, the Common Area, the office park, and any areas appurtenant thereto; or
(2) is required by law, or (3) is required by an entity which may incur
financial loss if such insurance is not maintained. Tenant shall pay insurance
expenses as set forth herein.
During the entire term of this Lease and any extension thereto, Tenant
shall, at its own expense, maintain a comprehensive General Liability Insurance
Policy in the minimum amount of $1,000,000 combined single limit for bodily
injury and property damage. Landlord shall be named
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as an additional insured.
Under no insurance policy required under the terms of this Lease shall any
insurer have subrogation rights against either Landlord or Tenant. Each
insurance policy shall show that all such policies shall provide that the same
may not be canceled or altered except upon thirty (30) days prior written
notice to Landlord.
At the discretion of Landlord, Tenant shall supply Landlord with either
Comprehensive General Liability Insurance Policy required under this Lease or a
certificate evidencing the policy. If Tenant does not furnish Landlord with such
evidence upon demand of Landlord may (but shall not be obligated to (1) purchase
the insurance, and Tenant shall pay Landlord for all premiums and related
expenses upon demand; (2) consider Tenant's failure a default of the Lease).
ARTICLE 18: ASSIGNMENT AND SUBLETTING
Tenant shall not, without the prior written consent of Landlord in each
instance, (i) assign, transfer, mortgage, pledge, hypothecate or encumber this
Lease or any interest under it or subject or permit any lien, use or charge to
exist upon this Lease or any interest under it, (ii) allow to exist or occur
any transfer of or lien upon this Lease or the Tenant's interest herein by
operation of law, (iii) sublet the Premises or any part thereof, or (iv) permit
the use or occupancy of the Premises or any part thereof for any purpose not
provided for under Article 9 of this Lease or by anyone other than the Tenant
and Tenant's employees. In no event shall this Lease be assigned or assignable
by voluntary or involuntary bankruptcy proceedings or otherwise, and in no
event shall this Lease or any rights or privileges hereunder be an asset of
Tenant under any bankruptcy, insolvency or reorganization proceedings. Consent
by Landlord to any assignment, subletting, use or occupancy, or transfer shall
not operate to relieve the Tenant from any covenant or obligation hereunder
except to the extent, if any, expressly provided for in such consent, nor shall
such consent be deemed to relieve Tenant from obtaining Landlord's consent to
any subsequent assignment, transfer, lien, charge, subletting, use or
occupancy. If Tenant shall sublet or assign the premises having first obtained
the Landlord's written consent, Tenant shall pay to Landlord an administrative
fee for Landlord's cost of processing documents equal to $500.00.
ARTICLE 19: DEFAULT: RIGHTS AND REMEDIES
A. Events of Default: The occurrence of any one or more of the following
matters shall constitute a default by Tenant under this Lease:
1. Failure by Tenant to pay, when due, any Rent provided for in this
Lease;
2. Failure by Tenant to pay, within ten (10) days after notice thereof
from Landlord to Tenant, any other monies due and payable from Tenant
under this Lease;
3. Failure by Tenant to observe or perform any of the covenants in
respect of Assignment and Subletting set forth in Article 18;
4. Failure by Tenant to cure immediately after receipt of notice from
Landlord, any
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hazardous condition which Tenant has created in violation of law or of
this Lease;
5. Failure by Tenant to observe or perform any other covenant, agreement,
condition or provision of this Lease, and the Rules and Regulations, if
such failure shall continue for five (5) days (except as otherwise
provided in this Lease) after notice by Landlord,
6. The levy upon under execution or the attachment by legal process of
the leasehold interest of Tenant, or the filing or creation of a lien
which is not cured pursuant to Article 13 in respect of such leasehold
interest;
7. The Tenant vacates, abandons or fails to take possession of the
Premises (the transfer of a substantial part of the operations,
business, and personnel of the Tenant to some other location being
deemed, without limiting the meaning of the term "vacates or abandons"
to be a vacation or abandonment within the meaning of the clause,
notwithstanding that Tenant shall thereafter continue to pay the Rent
due under this Lease);
8. The Tenant becomes insolvent or bankrupt or admits in writing its
inability to pay its debts as they mature or makes an assignment for
the benefit of creditors, or applies for or consents to the
appointment of a trustee or receiver for the Tenant or for the major
part of this property;
9. Bankruptcy, reorganization, arrangement, insolvency or liquidation
proceedings, or other proceedings for relief under any bankruptcy law,
or similar law for the relief of debtors, are instituted by or against
the Tenant, and, if instituted against the Tenant, are allowed against
it or are consented to by it or are not dismissed within sixty (60)
days after such institution;
10. The Performance of any other act which constitutes an event of default
under this Lease.
B. Rights and Remedies: If a Default occurs, Landlord shall have the
rights and remedies hereunder set forth, which shall be distinct, separate and
cumulative and shall not operate to exclude or deprive the Landlord of any
other right or remedy allowed it by law or equity:
(a) Terminate Tenant's right to possession of the Premises by any
lawful means, in which case this lease shall terminate and Tenant shall
immediately surrender possession of the Premises to Landlord. In such event,
Landlord shall be entitled to recover from tenant all damages incurred by
landlord by reason of Tenant's default, including but not limited to the cost
of recovering possession of the Premises; expenses of reletting, including
necessary renovation and alteration of the Premises, reasonable attorneys fees
and any real estate commission actually paid; and the worth at the time of
award by the court having jurisdiction thereof (i) the unpaid rent and other
charges and adjustments called for under the Lease which would have been earned
at the time of termination; (ii) the amount by which the unpaid rent and other
charges and adjustments called for under the Lease which would have been earned
after termination until the time of award exceeds the amount of such rental
loss for the same period which the Tenant proves could have been reasonably
avoided, and (iii) the amount by which the unpaid rent and other charges and
adjustments called for under the Lease for the balance of the term after the
time of such award exceeds the amount of such rental loss for the same period
that Tenant proves could be reasonably avoided, and (iv) any and ally costs
incurred
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by Landlord for the taking of an inventory of, removal of and/or storage of any
and all property left in, upon or about the Premises by Tenant, following
Tenant's abandonment, vacating or otherwise surrendering of Premises. The worth
at the time of award of the sums referred to in clauses (i) and (ii) above,
shall be computed by allowing interest from the due date at the highest legal
rate attainable. The worth at the time of award of the amount referred to in
clause (iii) above, shall be computed by discounting such amount at the discount
rate of the Federal Reserve Bank of San Francisco at the time of award plus one
percent (1%). As used herein rent shall include charges equivalent to rent.
(b) Maintain Tenant's right to possession, in which case this Lease
shall continue in effect whether or not Tenant shall have abandoned the
premises. In such event Landlord shall be entitled to enforce all of Landlord's
rights and remedies under this Lease, including the right to recover the rent
and any other charges and adjustments as it becomes due hereunder.
(c) Pursue any other remedy nor or hereafter available to landlord
under the laws or judicial decisions of the state where the Premises are
located, and recover as damage the value of any free rent, Tenant Improvement,
or other Lease concessions which may have been granted to Tenant hereunder prior
to any such default. Notwithstanding the foregoing, Landlord shall not be liable
for nor required to credit post judgment replacement lease rental income against
prejudgment rental loss or other monetary damage sustained by Landlord as a
result of any such default on part of Tenant hereunder and Tenant hereby waives
any right Tenant may have to so apply such replacement lease rental credit, if
applicable.
C. Removal of Property from Premises: All property removed from the
Premises by Landlord pursuant to any provisions of this Lease or of law may be
handled, removed or stored by the Landlord at the cost and expense of the
Tenant, and the Landlord shall in no event be responsible for the value,
preservation or safekeeping thereof. All property not removed from the Premises
or retaken from storage by Tenant within thirty (30) days after the end of the
Term, however terminated, shall be conclusively deemed to have been conveyed by
Tenant to Landlord as by xxxx of sale without further payment or credit by
Landlord to Tenant.
D. Costs of Enforcing Tenant's Obligations: Tenant shall pay all Landlord's
costs, charges and expenses, including court costs and attorney fees, incurred
in enforcing Tenant's obligations under this Lease or incurred by Landlord in
any litigation, negotiation or transactions in which Tenant causes the Landlord
to become involved or concerned.
ARTICLE 20: LANDLORD'S RIGHTS
In addition to any rights or remedies granted under this Lease, Landlord
shall have the following rights and remedies exercisable without notice (except
as expressly provided to the contrary) and without being deemed an eviction or
disturbance of Tenant's use or possession of the Premises or giving rise to any
claim for set-off or abatement of Rent; (I) to change the name or street address
of the Building or the office park, upon thirty (30) days prior written notice
to Tenant; (2) to install, affix and maintain all signs on the exterior and/or
interior of the Building and in and about the office park; (3) to designate
and/or approve prior to installation, all types of signs, window shades, blinds,
drapes, awnings, or other similar items, and all internal lighting that may be
visible
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from the exterior of the Premises, (4) to display the Premises to prospective
tenants or buyers at reasonable hours during the last twelve (12) months of the
Term; (5) to grant to any party the exclusive right to conduct any business or
render any service in or to the Building, provided such exclusive right shall
not operate to prohibit Tenant from using the Premises for the purposes
permitted hereunder; (6) to prohibit the placing of vending or dispensing
machines of any kind in or about the Premises other than for use by Tenant's
employees; (7) to close the Building after normal business hours, except that
Tenant and its employees and invitees shall be entitled to admission at all
times, under such regulations as Landlord prescribed for security purposes; (8)
to take any and all reasonable measures, including inspection necessary or
desirable in the operation or protection thereof; (9) to install, operate and
maintain security systems which monitor, by closed circuit television or
otherwise, all persons entering and leaving the Building or the Office Complex;
(10) to install and maintain pipes, ducts, conduits, wires and structural
elements located in the Premises which serves other parts or other tenants of
the Buildings; and (11) from time to time to make and adopt such reasonable
rules and regulations, in addition to or other than or by way of amendment or
modification of the rules and regulations contained in Exhibit "B" attached to
this Lease or other Sections of this Lease, for the protection and welfare of
the Building and its tenants and occupants, as the Landlord may determine, and
Tenant agrees to abide by all such rules and regulations.
ARTICLE 21: ESTOPPEL LETTER
Tenant shall at any time and from time to time upon not less than ten
(10) days prior written request, execute and deliver in form and substance
satisfactory to Landlord, an estoppel letter certifying:
1. The date upon which the Lease Term commences and terminates
2. The date to which Rent has been paid
3. The amount of any security deposit
4. That Tenant has accepted and is occupying the Premises
5. That the Lease is in full force and effect and has not been modified
or amended
6. That no defaults of the Landlord under the Lease nor any existing
condition upon which the giving of notice or lapse of time would
constitute a Default
7. That Tenant has not received any concession
8. That Tenant has received no notice from any insurance company of any
defects or inadequacies of the Premises
9. That Tenant has no operations or rights other than as set forth in
the Lease
10. Such other matters which Landlord may reasonably request.
If the letter is to be delivered to a purchaser of the Building and/or
office park, it shall further include the agreement of the Tenant to recognize
such purchaser as Landlord under the Lease and to thereafter pay Rent to the
purchaser or its designee in accordance with the terms of this Lease, and
Tenant acknowledges that any such purchaser will rely on that letter. Tenant's
failure to deliver such letter within such time shall be conclusive upon Tenant
that this Lease is in full force and effect without any modification and that
there are no defaults. Tenant further agrees that in the event of a default by
Tenant in the timely delivering of such certificate, Tenant shall also pay all
damages, consequential as well as direct, including lost profits sustained by
Landlord as a result of any such default. Tenant agrees that the failure to
deliver such certificate shall be an event of Default under
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this Lease.
ARTICLE 22: SUBORDINATION AGREEMENT
This Lease, at Landlord's option, shall be subordinate to any mortgage,
deed of trust, ground lease or declaration of covenants (any or all of which may
be now or hereafter placed upon the Building and/or office park) regarding
maintenance and use of any areas contained in any portion of the office park and
to any and all advances made under any mortgage or deed of trust and to all
renewals, modifications, consolidations, replacements and extensions thereof.
Tenant agrees, with respect to any of the foregoing documents, that no
documentation other than this Lease shall be required to evidence such
subordination. Tenant agrees to execute such documents as may be required to
effectuate such subordination to the lien of any mortgage or deed of trust, as
the case may be, and by failing to do so within ten (10) days after written
demand, Tenant does hereby make, constitute and irrevocably appoint Landlord as
Tenant's attorney-in-fact and in Tenant's name, place and stead to do so. This
power of attorney is coupled with an interest. Tenant hereby attorns to all
successor owners of the Building whether or not such ownership is acquired as a
result of a sale, through foreclosure of a deed of trust or mortgage or
otherwise.
ARTICLE 23: CONDEMNATION
A. Condemnation of Premises: If any part of the Premises shall be
taken or appropriated by any public or quasi-public authority under the power
of eminent domain, the Landlord shall have the right, at its option, to
terminate this Lease effective as of the date possession is taken by said
authority (unless all of the Premises are so taken, in which case the Lease
shall terminate), and shall be entitled to any and all income, rent, award and
any interest thereon whatsoever which may be paid or made in connection with
such public or quasi-public use or purpose. Tenant hereby assigns to Landlord
its entire interest in any such award, and shall have no claim against Landlord
for the value of any unexpired term of the Lease. If a part of the Premises
shall be so taken or appropriated, and the Landlord does not elect to terminate
this Lease, the Rent thereafter to be paid shall be reduced by an amount
bearing the same ratio to the total amount of Rent as the rentable area of the
Premises so taken bears to the rentable area of the entire Premises.
B. Condemnation Other Than of Premises: If any part of the Building or
office park other than the Premises shall be so taken or appropriated, Landlord
shall have the sole right, at this option, to terminate this Lease and shall be
entitled to the entire award as above provided, and in such case, Tenant shall
likewise have no claim against Landlord for the value of any unexpired term of
this Lease.
C. Tenant's Claim for Compensation: Nothing hereinabove contained
shall be deemed to deny to Tenant its right to claim from the condemning
authority compensation or damages for its trade fixtures and personal property,
provided the condemning authority makes a separate award therefore.
ARTICLE 24: REAL ESTATE BROKERS
Tenant represents that, except for Calibre Real Estate Company, Tenant
has not dealt with any real estate broker, salesperson, or finder in connection
with this Lease, and that no such person initiated or participated in the
negotiations of this Lease, or showed the Premises to Tenant. Tenant
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agrees to indemnify and hold harmless Landlord, from and against any and all
liabilities and claims for commissions and fees arising out of a breach of the
foregoing representation. Landlord shall be responsible for the payment of all
commissions to the broker, if any, specified in this Article based upon the
Leasing commission policy of Landlord applicable to the Building as of the date
of this Lease.
ARTICLE 25: ASSIGNMENT OR SALE BY LANDLORD
In the event Landlord shall assign this Lease and/or sell or convey the
Building, the same shall operate to release Landlord from any future liability
for any of the covenants or conditions, express or implied, herein contained in
favor of Tenant, and in such event Tenant agrees to look solely to the successor
in interest of Landlord in and to this Lease.
ARTICLE 26: NOTICES
In every instance where it shall be necessary or desirable for Landlord to
serve any notice or demand upon Tenant, it shall be sufficient (a) to deliver or
cause to be delivered to Tenant or its agent a written or printed copy of such
notice or demand, or (b) to send a written or printed copy of such notice or
demand by United States registered or certified mail, postage prepaid, addressed
to Tenant at the premises in which event the notice or demand shall be deemed to
have been served forty-eight (48) hours after the time the same was posted. Any
such notice or demand to be given by Tenant to Landlord shall, until further
notice, be serviced personally or sent by United States registered or certified
mail postage prepaid to 0000 X. Xxxxxx Xxx., Xxx Xxxxx, XX 00000. Mailed
communications to Landlord shall be deemed to have been served on the same basis
provided above for Tenant.
ARTICLE 27: RULES AND REGULATIONS
Tenant agrees to observe the rights reserved to Landlord contained in
Article 20 hereof and agrees, for itself, its employees, agents, clients,
customers, invitees and guests, to comply with the Rules and Regulations set
forth in Exhibit "B" attached to this Lease and made a part hereof and such
other rules and regulations as shall be adopted by Landlord.
Any violation by Tenant of any of the Rules and Regulations contained in
Exhibit "B" or other Articles of this Lease, or as may hereinafter be adopted
by Landlord shall be a default of the Lease giving the Landlord the remedies
provided herein. Tenant acknowledges and agrees that it shall be liable for all
damages, loss, costs, and expense resulting from any violation by the Tenant of
any of said Rules and Regulations. Nothing in this Lease contained shall be
construed to impose upon Landlord any duty or obligation to enforce said Rules
and Regulations, or the terms, covenants and conditions of any other Lease
against any other Tenant or any other persons, and Landlord shall not be liable
to Tenant for violation of the same by any other Tenant, its employees, agents,
invitees or by any other person.
ARTICLE 28: NONWAIVER
No waiver of any condition expressed in this Lease shall be implied by any
neglect of Landlord
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to enforce any remedy on account of the violation of such condition whether or
not such violation be continued or repeated subsequently, and no express waiver
shall affect any condition other than the one specified in such waiver and that
one only for the time and in the manner specifically stated. Without limiting
the provisions of Article 19, it is agreed that no receipt of monies by
Landlord from Tenant after the termination in any way of the Term or of the
Tenant's right of possession hereunder or after the giving of any notice shall
reinstate, continue or extend their term or effect any notice or the
commencement of a suit or after final judgement for possession of the Premises,
Landlord may receive and collect any monies due, and the payment of said monies
shall not waive said notice, suit or judgement.
ARTICLE 29: MISCELLANEOUS
A. Binding Effect: Each provision of this Lease shall extend to and
shall bind and inure to the benefit not only of Landlord and Tenant, but also
their respective heirs, legal representatives, successors and assigns, but this
provision shall not operate to permit any transfer, assignment, mortgage,
encumbrance, lien, charge, or subletting contrary to the provisions of this
Lease.
B. Entire Agreement and Amendment: All of the agreements of Landlord and
Tenant with respect to the premises are contained in this Lease, and no
modification, waiver or amendment of this Lease or of any of its conditions
shall be binding upon Landlord unless in writing signed by Landlord.
C. No Reservation: Submission of this instrument for examination shall
not constitute a reservation of or option for the Premises or in any manner
bind Landlord, and no lease or obligation on Landlord shall arise until this
instrument is signed and delivered by Landlord to Tenant.
D. Gender and Titles: The term "Tenant" whenever used herein shall be
construed to mean Tenants or any one or more of them in all cases where there
is more than one Tenant; and the necessary grammatical changes required to make
the provisions hereof apply either to corporation or other organizations,
partnerships or other entities, or individuals, shall in all cases be assumed
as though in each case fully expressed. The headings of Articles are for
convenience only and do not limit, expand or construe the contents of the
Articles.
E. Landlord's Title: The Landlord's title is and always shall be
paramount to the title of Tenant, and nothing in this Lease contained shall
empower Tenant to do any act which can, shall or may encumber the title of
Landlord.
F. Time: Time is of the essence of this Lease and of each and all
provisions hereof.
G. Invalidity: If any clause or provision of this Lease is illegal,
invalid or unenforceable under present or future laws effective during the term
of this Lease, then and in that event, it is the intention of the parties
hereto that the remainder of this Lease shall not be affected thereby, and is
also the intention of the parties to this Lease that in lieu of each clause or
provision of this Lease that is illegal, invalid or unenforceable, there shall
be added as a part of this Lease a legal, valid and enforceable clause or
provision as similar in terms of such illegal, invalid or unenforceable clause
or provision as may be possible.
H. Authorization for Execution: Tenant and the party executing this
Lease on behalf of Tenant represent to Landlord that such party is authorized
to do so by requisite action of Tenant's board of directors, or partners, as
the case may be, and agree upon request to deliver to Landlord a resolution or
similar document to that effect.
I. No Recording of Lease: Tenant shall not record this Lease or a
memorandum hereof without the prior written consent of Landlord.
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J. Force Majeure: Landlord shall not be deemed in default with respect to
any of the terms, covenants and conditions of this Lease of Landlord's part to
be performed, if Landlord fails to timely perform same and such failure is due
in whole or in part to any strike, lockout, labor trouble (whether legal or
illegal), civil disorder, inability to procure materials at a reasonable cost,
failure of power, restrictive governmental laws and regulations, riots,
insurrections, war, fuel shortage, accidents, casualties, Acts of God, acts
caused directly or indirectly by Tenant (or Tenant's agents, employees or
invitee) or any other cause beyond the reasonable control of Landlord.
K. Notice of Landlord Default: In the event of any alleged default on the
part of Landlord hereunder, Tenant shall give written notice to Landlord in the
manner herein set forth and shall afford Landlord a reasonable opportunity to
cure any such default.
L. Governing Law: The terms and conditions of this Lease shall be
construed and enforced according to the laws of the State of Nevada.
LANDLORD: TENANT:
PINE DEVELOPMENT, INC. INTERNATIONAL ENERGY
CONSULTANTS
By: /s/ XXX XXXXXXX By: /s/ XXXXXXXX XXXXXXX
------------------------ ------------------------
Xxx Xxxxxxx Xxxxxxxx Xxxxxxx
Title: President Title:
--------------------- ---------------------
Date: 4/22/99 Date:
---------------------- ----------------------
By: /s/ XXXXXXX XXXXXXX
-----------------------
Xxxxxxx Xxxxxxx
Title:
---------------------
Date:
----------------------
GUARANTOR:
/s/ XXXXXXXX XXXXXXX
---------------------------
By: Xxxxxxxx Xxxxxxx
---------------------------
Date
By: /s/ XXXXXXX XXXXXXX
--------------------------
Xxxxxxx Xxxxxxx
--------------------------
Date
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ADDENDUM TO LEASE
ADDENDUM TO LEASE is made the 1st day of February, 1999, by and among Pine
Development, Inc., A Nevada Corporation ("Lessor") and International Energy
Consultants ("Lessee"), based upon the following:
Except as herein modified, Lessee's Master Agreement shall remain in full force
and effect.
RECITALS
Pine Development, Inc. ("Lessor") and International Energy Consultants
("Lessee") entered into that certain Lease dated February 1, 1999 for space
located at 0000 X. Xxxxxxxxxx, Xxx Xxxxx, XX 00000, (herein after collectively
referred to as the "Lease").
TERMS
The Lease is hereby amended to include the following:
1. Landlord agrees to waive one months rent spread over the first 6 months of
the new term.
2. Landlord agrees to install a door to separate from adjoining suite.
THIS ADDENDUM TO THE LEASE MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH OF
WHICH SHALL BE DEEMED ORIGINAL, BUT ALL OF WHICH TOGETHER SHALL CONSTITUTE ONE
AND THE SAME AGREEMENT.
IN WITNESS WHEREOF, THIS ADDENDUM TO LEASE HAS BEEN EXECUTED BY THE PARTIES AS
OF THE DATE FIRST WRITTEN ABOVE.
LESSOR: Lessee:
Pine Development, Inc. International Energy Consultants
/s/ XXX XXXXXXX 4/22/99 /s/ XXXXXXXX XXXXXXX
------------------------------- --------------------------------
Xxx Xxxxxxx, President Date Xxxxxxxx Xxxxxxx Date
/s/ XXXXXXX XXXXXXX
--------------------------------
Xxxxxxx Xxxxxxx Date
21
THE CALCULATION OF
EFFECTIVE RENT PER SQUARE FOOT
YEAR 1-5
Property Address: EPW
Tenant/Lessee: International Energy Consultants
Lease Term: 3
Square Feet 1,288
Per
Annually Monthly Sq Ft
Gross Rate/SFT 94,082.40 2,613.40 2.03
Rent Concessions 837.20 69.77 0.0542
Covered Parking 0.00 0.00 0
Tenant Improvements 0.00 0.00 0
Other Concessions 0.00 0.00 0
Brokers Fee 784.02 65.34 0.05
Effective Rate: Gross Rate/SFT Less Cost/SFT
Effective Rate/SFT 1.9258333333333
Escalation 4.00%
Effective Rate Yr-1 1.95
Effective Rate Yr-2 2.03
Effective Rate Y-3 2.11
Effective Rate Y-4 0.00
Effective Rate Y-5 0.00
22
ADDENDUM TO LEASE
ADDENDUM TO LEASE is made the 15th day of March, 1999, by and among Pine
Development, Inc., A Nevada Corporation ("Lessor") and International Energy
Consultants ("Lessee"), based upon the following:
Except as herein modified, Lessee's Master Agreement shall remain in full force
and effect.
RECITALS
Pine Development, Inc. ("Lessor") and International Energy Consultants
("Lessee") entered into that certain Lease dated February 1, 1999 for space
located at 0000 X. Xxxxxxxxxx, Xxx Xxxxx, XX 00000, (herein after collectively
referred to as the "Lease").
TERMS
The Lease is hereby amended to include the following:
1. Tenant agrees to take additional space of 644 square feet, making the
total rentable area of 1,932 square feet. See Exhibit F for details.
2. Rent will be increased as follows:
Months Rate per Square Foot Monthly Rent
------ -------------------- ------------
April 1, 1999 to August 31, 1999 $1.73 $3,348.80
August 31, 1999 to February 28, 2000 $1.95 $3,767.40
March 1, 2000 to February 28, 2001 $2.02 $3,902.64
March 1, 2001 to February 28, 2002 $2.10 $4,057.20
3. Landlord agrees to remove existing door demising the premises and
install new door at location shown on Exhibit "F".
4. The commencement date and occupancy date of the additional space shall
be March 24, 1999.
5. The security deposit is increased by $750.00 to be a total of
$5,773.20. The additional security deposit is to paid before occupying
the suite.
THIS ADDENDUM TO THE LEASE MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH OF
WHICH SHALL BE DEEMED ORIGINAL, BUT ALL OF
23
WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
IN WITNESS WHEREOF, THIS ADDENDUM TO LEASE HAS BEEN EXECUTED BY THE PARTIES AS
OF THE DATE FIRST WRITTEN ABOVE.
LESSOR: Lessee:
Pine Development, Inc. International Energy Consultants
/s/ XXXXX X. XXXXXX 4/6/99 /s/ XXXXXXXX XXXXXXX 3/24/99
------------------------------- ------ -------------------- -------
Vice President Date Xxxxxxxx Xxxxxxx Date
/s/ XXXXXXX XXXXXXX 3/24/99
-------------------- -------
Xxxxxxx Xxxxxxx Date
24
ADDENDUM TO LEASE
ADDENDUM TO LEASE is made the 15th day of December, 1999, by and among Pine
Development, Inc., A Nevada Corporation ("Lessor") and International Energy
Consultants ("Lessee"), based upon the following:
Except as herein modified, Lessee's Master Agreement shall remain in full force
and effect.
RECITALS
Pine Development, Inc. ("Lessor") and International Energy Consultants
("Lessee") entered into that certain Lease dated February 1, 1999 for space
located at 0000 X. Xxxxxxxxxx, Xxx Xxxxx, XX 00000, (herein after collectively
referred to as the "Lease").
TERMS
The Lease is hereby amended to include the following:
1. Tenant agrees to add the space at 0000 X. Xxxxxxxxxx consisting of 644
s.f. bringing the total rentable square footage to 2,576 s.f.
2. The lease term and rental rate is amended as follows:
Date Rate per s.f. Monthly Rate
---- ------------- ------------
January 1, 2000 to December 31, 2000 $1.95 $5,023.20
January 1, 2001 to December 31, 2001 $2.03 $5,224.13
January 1, 2002 to December 31, 2002 $2.11 $5,433.10
THIS ADDENDUM TO THE LEASE MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH OF
WHICH SHALL BE DEEMED ORIGINAL, BUT ALL OF WHICH TOGETHER SHALL CONSTITUTE ONE
AND THE SAME AGREEMENT.
IN WITNESS WHEREOF, THIS ADDENDUM TO LEASE HAS BEEN EXECUTED BY THE PARTIES AS
OF THE DATE FIRST WRITTEN ABOVE.
LESSOR: Lessee:
Pine Development, Inc. International Energy Consultants
/s/ XXXXX X. XXXXXX 1/18/00 /s/ XXXXXXXX XXXXXXX 1/21/99
----------------------------------- -----------------------------------
Vice President Date Xxxxxxxx Xxxxxxx Date
/s/ XXXXXXX XXXXXXX 12/21/99
-----------------------------------
Xxxxxxx Xxxxxxx Date
