COMMERCIAL LEASE
This lease is made between Xxxxx X. Xxxxxx, herein called Lessor,
and American Consumers, INC. d/b/a Shop Rite, herein called Lessee.
Lessee hereby offers to lease from lessor the premises situated in
the City of Fort Oglethorpe, County of Catoosa, State of Georgia,
described as 000 X Xxxxxxxxxxx Xxxxxxx, Xxxx Xxxxxxxxxx, XX 00000, upon
the following TERMS and CONDITIONS:
1. TERMS AND RENT. Lessor demises the above premises for a term of
three (3) years, commencing December 1, 1995 and terminating on
November 30, 1998 or sooner as provided herein at the annual rental
of Eight Thousand Nine Hundred Eighty Eight Dollars ($8,988.00),
payable in equal installments in advance on the first day of each
month for that month's rental, during the term of this lease. All
rental payments shall be made to Lessor, at 0000 Xxxx Xxxxx Xxxxxx,
Xxxxxxxxx, XX 00000 (Unless notified in writing of an address
change).
2. USE. Lessee shall use and occupy the premises for corporate
offices. The premises shall be used for no other purpose. Lessor
represents that the premises may lawfully be used for such purpose.
3. CARE AND MAINTENANCE OF PREMISES. Lessee acknowledges that the
premises are in good order and repair, unless otherwise indicated
herein. Lessee shall at his own expense and at all times, maintain
the premises in good and safe condition, including plate glass,
electrical wiring, plumbing, heating installations, and any other
system or equipment on the premises and shall surrender the same, at
termination thereof, in as good condition as received, normal wear
and tear excepted. Lessee shall be responsible for all repairs
required, excepting the roof, exterior walls, and structural
foundations, which shall be maintained by Lessor.
4. ALTERNATIONS Lessee shall not, without first obtaining the written
consent of Lessor, make any alterations, additions, or improvements,
in, to or about the premises.
5. ORDINANCES AND STATUTES. Lessee shall comply at all statutes,
ordinances and requirements of all municipal, state, and federal
authorities now in force, or which may hereafter be in force,
pertaining to the premises, occasioned by or affecting the use
thereof by Lessee.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or
sublet any portion of the premises without prior written consent of
the Lessor, which shall not be unreasonably withheld. Any such
assignment or subletting without consent shall be void and, at the
option of the Lessor, may terminate this lease.
7. UTILITIES. All applications and connections for necessary utility
services on the demised premises shall be made in the name of Lessee
only, and Lessee shall be solely liable for utility charges as they
become due, including those for gas, electricity, and telephone
service.
8. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agent
to enter upon the premises at reasonable times upon reasonable
notice, for the purpose of inspecting the same, and will permit
Lessor at any time within sixty (60) days prior to expiration of
this lease, to place upon the premises any usual "To Let" or "For
Lease" signs, and permit persons desiring to lease the same to
inspect the premises thereafter.
9. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any
damage or injury to Lessee, or any other person, or to any property,
occurring on the demised premises or any part thereof, and Lessee
agrees to hold Lessor harmless from any claim for damages, no matter
how caused.
10. INSURANCE. Lessee, at his expense, shall maintain public liability
insurance including bodily injury and property damage insuring
Lessee for a minimum of One Million dollars ($1,000,000.00 U.S.
Currency). Proof of such insurance shall be furnished to the Lessor
at the time this lease is executed.
11. EMINENT DOMAIN. If the premises or any part thereof or any estate
therein, or any other part of the building materially affecting the
Lessee's use of the premises, shall be taken by eminent domain, this
lease shall terminate on the date when title vests pursuant to such
taking. The rent, and any additional rent, shall be apportioned as
of the termination date, and any rent paid for any period beyond
that date shall be repaid to Lessee. Lessee shall not be entitled
to any part of the award for such taking or any payment in lieu
thereof, but Lessee may file a claim for any taking of fixtures and
improvements owned by Lessee, and for moving expenses.
12. DESTRUCTION OF PREMISES. In the event of a partial destruction of
the premises during the term hereof, from any cause, Lessor shall
forthwith repair same, provided that such repairs can be made within
sixty (60) days under existing governmental laws and regulations,
but such partial destruction shall not terminate this lease, except
that Lessee shall be entitled to a proportionate reduction of rent
while such repairs are being made, based upon the extent to which
the making of such repairs shall interfere with the business of
Lessee on the premises. If such repairs cannot be made within said
sixty (60) days, Lessor, at his option, may make the same within a
reasonable time, this lease continuing in effect with the rent
proportionately abated
as aforesaid, and in the event Lessor shall not elect to make such
such repairs which cannot be made within sixty (60) days, this lease
may be terminated at the option of either party. In the event
that the building in which the demised premises may be situated is
destroyed to an extent of not less than one-third of the replacement
costs thereof, Lessor may elect to terminate this lease whether the
demised premises be injured or not. A total destruction of the
building in which the premises may be situated shall terminate this
lease.
13. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults in the payment of
rent, or any additional rent, or defaults in the performance of any
of the other covenants or conditions hereof, Lessor may give Lessee
notice of such default and if Lessee does not cure any such default
within ten (10) days, after giving such notice (or if such other
default is of such a nature that it cannot be completely cured
within such period, if Lessee does not commence such curing within
such ten (10) days and thereafter proceed with reasonable diligence
and in good faith to cure such default), then Lessor may terminate
this lease on not less than ten (10) days notice to Lessee. On the
date specified in such notice the term of this lease shall
terminate, and Lessee shall then quit and surrender the premises to
Lessor, but Lessee shall remain liable as hereinafter provided. If
this lease shall have been terminated by Lessor, Lessor may at any
time thereafter resume possession of the premises by any lawful
means and remove Lessee or other occupants and their effect. No
failure to enforce any term shall be deemed a waiver.
14. ATTORNEY'S FEES. In case suit should be brought for recovery of the
premises, or for any suit hereunder, or because of any act which may
arise out of the possession of the premises, by either party, the
prevailing party shall be entitled to all costs incurred in
connection with such action, including a reasonable attorney's fee.
15. NOTICES. Any notice which either party may or is required to give,
shall be given by mailing the same, postage prepaid, to Lessee at
the premises, or Lessor at the address shown below, or at such other
places as may be designated by the parties from time to time.
16. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures
to the benefit of the heirs, assigns, and successors in interest of
the parties.
17. OPTION TO RENEW. Provided that Lessee is not in default in the
performance of this lease, Lessee shall have the option to renew the
lease for an additional term of twelve (12) months commencing at the
expiration of the initial lease term. All of the terms and
conditions of the lease shall apply during the renewal term except
that the monthly rent shall be the sum of Eight Hundred Dollars
($800.00). The option shall be exercised by written notice given to
Lessor not less than thirty (30) days prior to the expiration of the
initial lease term. If notice is not given in the manner provided
herein within the time specific, this option shall expire.
18. SUBORDINATION. This lease is and shall be subordinated to all
existing and future liens and encumbrances against the property.
19. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement
between the parties and may be modified only by writing signed by
both parties.
Signed this 29th day of October, 1995
American Consumers, Inc. Xxxxx X. Xxxxxx
By: Lessee: By: Lessor:
s/ Xxxxxxx X. Xxxxxxxxxx s/ Xxxxx X. Xxxxxx
