AGREEMENT TO SUB-LEASE
THIS SUB-LEASE, made this 22nd day of February, 1996, by and between
Xxxxxx Xxxxxx (herein called "Landlord") and Xxxxxxxx'x Foods (herein
called "Tenant").
WITNESSETH:
1. PREMISES. Landlord sub-leases to Tenant and Tenant takes and
leases from Landlord the following building (hereinafter called "demised
premises"): Approximately 3,000 square feet of freezer space at the north
end of the approximately 5,000 square foot freezer located within the
warehouse building located at 000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx.
Landlord (Xxxxxx Xxxxxx) has received permission from Starch Realty
("original Landlord") to sub-lease these demised premises to Xxxxxxxx'x
Foods and approval to all terms of this agreement has been received.
2. TERM. The initial term of this agreement shall be for one year
and shall commence on February 22, 1996 and end on February 28, 1997. (See
agreement paragraph #11 - Renewal Option).
3. PURPOSE. The demised premises shall be used for the purpose of
warehousing and distributing institutional food products and related
services and activities, and for no other purpose whatsoever.
4. RENT. Landlord reserves, and Tenant covenants to pay to
Landlord, in advance on the first day of each month during the term,
without demand therefor being made and without offset, rent as follows:
$3,000.00 per month.
5. UTILITY BILLS. Tenant covenants to pay promptly for a
proportionate amount of the electrical xxxx. This amount will be
approximately 30% of the total electrical xxxx charged to Landlord by
"Original Landlord", but both parties shall agree to the division of cost
as provided by Xxxxx Xxxx.
6. LANDLORD'S REPAIRS. Landlord covenants that it will be
responsible for all repairs set forth in this lease agreement. However,
Tenant shall be responsible for any repairs which are required as a result
of a casualty resulting from the negligence or willful act of Tenant, or
any of his agents, employees or contractors.
7. CONDITION ON TERMINATION. Upon the termination of this
agreement, Tenant covenants to deliver to Landlord the demised premises and
all appurtenances thereto, peacefully and quietly, in as good order and
condition as same now are or may hereafter be put by Landlord or Tenant,
ordinary wear and tear and damage from fire or other casualty not
occasioned by the fault or negligence of Tenant, Tenant's agents,
employees, and independent contractors, excepted.
8. DAMAGE BY FIRE. It is agreed that if the demised premises, or
the building of which the demised premises are a part, or any portion
thereof, or any improvements now or hereafter constructed thereon or added
thereto, shall be damaged by fire or other casualty, so as to render same
or any portion thereof, in the opinion of Landlord, untenantable, Landlord
or Tenant shall have the right, at any time within ninety (90) days after
said fire, to cancel and terminate this agreement, by giving to the other
party, within said ninety (90) day period written notice of its intention
so to do. If this agreement is so terminated, rent shall xxxxx from the
time of such casualty. If the agreement is not so terminated, the rent due
hereunder shall be proportionately abated, according to the loss of use,
until the demised premises are substantially restored.
9. QUIET ENJOYMENT. Landlord hereby covenants that Tenant, upon
fully complying with and promptly performing all the terms, covenants and
conditions of this agreement, on its part to be performed, and further,
upon the prompt and timely payment of rent hereunder, shall have and
quietly enjoy the Premises of the Agreement Term set forth herein,
including all renewal options.
10. ALTERATIONS. Landlord agrees, and has received permission from
"Original Landlord" as evidenced by its signature on his sub-lease, that
Xxxxxxxx'x Foods may complete the following alterations to the demised
premises; at Tenants expense:
(A) Install an opening with a functional freezer door to enable
Tenant to access the demised premises from the 12,147 square foot "dry"
space that Tenant is leasing within the same building.
(B) Install a fence within the freezer to segregate the demised
premises herein from the remaining portion of the freezer.
11. AGREEMENT RENEWAL OPTION. If Tenant has promptly and
completely fulfilled all of its obligations under this Agreement, and is in
possession of the demised premises, it shall be granted the option to renew
this Agreement for four (4) one-year renewal option terms immediately
following the initial Agreement term, under the same terms and conditions
as during the initial Agreement term, except that the rent shall be:
3/1/97 - 2/28/98 - $3,120.00 per month
3/1/98 - 2/28/99 - $3,245.00 per month
3/1/99 - 2/28/00 - $3,375.00 per month
3/1/00 - 2/28/01 - $3,510.00 per month
Tenant shall give Written notice to Landlord of its intention to renew not
later than sixty (60) days prior to the end of the then-current Agreement
term; otherwise, this option to renew shall automatically terminate.
Tenant has the right to terminate this Agreement, without cost or penalty,
upon sixty (60) days written notice to Landlord, at any time during any
renewal option year. Landlord has the option to terminate this agreement
if his lease with Starch Realty is terminated for any reason.
12. TENANT'S CONTRIBUTION TO REAL ESTATE TAXES AND LANDLORD'S
INSURANCE. In addition to the rent specified in this Agreement
herein, Tenant agrees to pay $125.00 per month toward real estate taxes and
Landlord's insurance.
13. NO RESPONSIBILITY FOR DAMAGE. Landlord shall not be liable for
any property damage or injury to Tenant's employees, agents, or contractors
unless caused solely by the intentional act of Landlord. Tenant agrees to
the extent possible to name the Landlord as a co-insured and to waive
subrogation against Landlord under its insurance policies.
14. EQUIPMENT SERVICE CONTRACT. Xxxxxxxx'x Foods, Inc. agrees to
pay $100.00 per month of Landlords service contract for maintaining the
freezer and related equipment.
IN WITNESS WHEREOF each corporate party hereto has caused this
Agreement to be executed in its name and behalf by its President, or one of
its Vice Presidents; each individual party hereto has hereunto set his hand
and seal; and each partnership party hereto has caused this Agreement to be
executed in its name and behalf by at least one of its general partners,
and in a manner authorized by the partnership agreement.
LANDLORD:
XXXXXX XXXXXX COMPANY, INC.
By: X. X. XXXXX
(Signature)
President
TENANT:
XXXXXXXX'X FOODS INC.
By: X. X. XXXXXXX
(Signature)
Vice President - Operations
