LEASE FOR REAL ESTATE L-1969C
PART ONE OF A TWO PART AGREEMENT (Rev. 1/78)
This form recommended and approved for, but not restricted to use by
members of the Pennsylvania Association of Realtors(R) when
used with an approved addendum attached hereto.
------------------------------Agent For The Lessor------------------------------
HARTSVILLE REALTY, LTD
0000 X. XXXX XXXX
XXXXXXXXXX, XX. 00000
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PRINCIPALS
(1-78)
This Agreement, made this 21st day of SEPTEMBER A.D. 1998
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Between XXXXXX & XXXXXX XXXXXXX
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hereinafter called Lessor, and
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COLLECTABLE CONCEPTS GROUP, INC. hereinafter called Lessee,
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PROPERTY
(11-74)
1. (a) WITNESSETH: Lessor agrees to let unto the Lessee premises being known as
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0000 XXXXX XXXXX XXXX
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in the
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TOWNSHIP of XXXXXXXXXX , Xxxxxx xx XXXXX , Xxxxx xx Xxxxx.
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with improvements consisting of APPROXIMATELY 2,000 SQ. FT. STAND ALONE BUILDING
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upon the following terms and conditions to wit:
(b) Total rental for entire term payable to Lessor $ 60,480
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(c) Payments in advance [X] Monthly [ ] in amount of: $ 1,600
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(d) Cash or check to be paid before possession by Lessee which is to be applied on account as follows:
Advance rent 10/1 1998 to 11/1 1998 Paid $ Due $ 1,600
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On account of final payment of rent Paid $ Due $ 1,600
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Security deposit (see par. 1 (f)) Paid $ Due $ 1,600
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Credit report Paid $ Due $
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Paid $ Due $
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Totals - Paid to date.......................Paid $ -0-
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Balance due before possession..............................Due $ 4,800
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(e) Adjusted payment of rent until regular due date, if any $ -0-
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(f) Security deposit $ 1,600
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(g) Late charge if rent not paid within grace period $ 80
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(h) Due date for each payment 1ST DAY OF EACH MONTH, LATE AFTER 5 DAYS
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(i) Term of this lease 3 YEARS WITH 3 YEARS OPTION TO RENEW
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(j) Commencement date of lease 1ST day of OCTOBER A.D. 1998
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(k) Expiration date of lease 30TH day of SEPTEMBER A.D. 2001
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(l) Required written notice to terminate this lease 90 DAYS
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(m) Renewal term if not terminated by either party MUST BE NEGOTIATED
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(n) Lessee will occupy premises ONLY as OFFICE
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(o) Maximum number of occupants under this lease 6
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(p) Payments to be made promptly when due in lawful money of the United States of America to [ ] Lessor [X] Agent
(q) Utilities & services to be supplied as follows:
Lessor will supply: [ ] cold water, [ ] hot water, [ ] gas, [ ] heat, [ ] electric, [ ] lawn care,
[ ] snow removal, [ ] janitor service, [ ] yearly oil burner cleaning, [ ] cesspool cleaning, [ ]
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[ ] Lawn & Shrubbery care. [ ]
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Lessee will supply: [X] cold water, [X] hot water, [X] gas, [X] heat, [X] electric, [X] lawn care,
[X] snow removal, [ ] yearly oil burner cleaning,
[X] cesspool cleaning, [X] Lawn & Shrubbery care. [ ]
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(r) Notwithstanding anything herein to the contrary, Lessee will pay cost of any or all repairs of any kind whatsoever,
occurring after commencement of this lease where the individual cost of each repair is less than $ SEE RIDER
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(s) No pets or animals of any kind whatsoever will be permitted on or within the herein described premises excepting
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NONE
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SPECIAL
CLAUSES
2. SEE ATTACHED RIDER.
SELLER AGREES TO CREDIT TENANT $400.00 PER MONTH FOR REMODELING FOR EACH OF
THE MONTHS OF OCTOBER, NOVEMBER, AND DECEMBER. FOR A TOTAL OF $1,200
THREE YEAR OPTION IF ELECTED WILL HAVE RENT INCREASES AT $80.00 PER MONTH
FOR EACH YEAR. A TOTAL OF $960 PER YEAR
BEGINNING OCTOBER 1, 1999, RENT WILL BE $1,680 PER MONTH.
BEGINNING OCTOBER 1, 2000, RENT WILL BE $1,760 PER MONTH.
ADDENDUM
3. The Lessor and Lessee agree for themselves, their respective heirs and successors and assigns to the herein described terms
and also to those set forth in the addendum attached hereto entitled "TERMS AND CONDITIONS," (PART TWO) all of which are to
be regarded as binding and as strict legal conditions.
INITIALS
LESSEE LESSEE LESSEE LESSOR LESSOR AGENT
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[LOGO] COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS(R) 1978
COPIES: WHITE-LESSOR; YELLOW-AGENT; PINK-LESSEE;
BLUE- 1/78
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult
an attorney before signing if they desire legal advice.
Approval
(7-86)
IN WITNESS WHEREOF, the parties hereto, including to be legally bound hereby, have hereunder set their hands and seals the day
and year first above written.
WITNESS AS LESSEE.................................................(SEAL)
TO LESSEE..........................................
WITNESS AS LESSEE.................................................(SEAL)
TO LESSEE..........................................
LESSEE.................................................(SEAL)
The Lessor hereby approves this contract on this.......................day of....................................19..........and in
consideration of the services rendered in procuring the herein named Lessee and/or collection of rents as agreed and specified in
part one of this lease, the Lessor agrees to pay the herein named agent a fee in the amount of..................................for
obtaining Lessee together with a fee of...................for the collection of rents during the term, renewal or extension of this
lease or additional lease with the herein named Lessee. Should the Lessee purchase the demised premises from the Lessor during the
term of this lease, or during a renewal, extension or any additional lease between said parties for the demised premises, or within
a reasonable period of time after the expiration of any such lease, the Lessor agrees to pay the agent, at the time of settlement,
a sales fee of/from the specified sale price.
WITNESS AS LESSOR.................................................(SEAL)
TO LESSOR..........................................
WITNESS AS LESSOR.................................................(SEAL)
TO LESSOR..........................................
AGENT BY.....................................................
LOGO
NON-RESIDENTIAL LEASE L-2C
PART TWO OF A TWO-PART AGREEMENT (REV. 12-85)
TERMS AND CONDITIONS (MOD. 4-92)
This form recommended and approved for, but not restricted to,
use by members of the Pennsylvania Association of REALTORS(R)
Copyright Pennsylvania Association of REALTORS(R) 1973
Special Clauses
Sewer Rent
(d) Lessee further agrees to pay as additional rent, if there is a metered
water connection to said premises, all sewer rental or charges for use of
sewers, sewer system, and sewage treatment works servicing the demised premises
in excess of the yearly minimum of such sewer charges, immediately when the same
become due.
Condition of Pavement
(e) Lessee shall be responsible for the condition of the curb, cellar doors,
awnings and other erections in the pavement during the term of this lease; shall
keep the pavement free from snow and ice, and shall be, and hereby agrees that
Lessee is solely liable for any accidents, due or alleged to be due to their
defective condition, or to any accumulations of snow or ice.
Security Deposit
5. The "security deposit" specified in Par. #1. (f) shall be held by Agent as
security for the performance of all the terms, covenants and conditions of this
lease and for the cost of any trash removal, housecleaning and the cost of
repairs and/or the correction of damage (which is, in excess of normal wear and
tear); otherwise, the "security deposit" or any balance thereof shall be
returned after the Lessee has vacated and left the premises in an acceptable
condition (following a personal inspection by Lessor and/or Agent) and
surrendered all keys to Agent. If the Lessor determines that any loss, damage or
injury chargeable to the Lessee hereunder, exceeds the security deposit, the
Lessor at his option, may retain the said sum as liquidated damages or may apply
the sum against any actual loss, damage or injury and the balance thereof will
be the responsibility of the Lessee. Lessor's determination of the amount, if
any, to be returned to the Lessee shall be final. It is further understood and
agreed that the said security deposit is not to be considered as the last
payment under the lease, however the rights of the Lessor shall not be hindered
to retain the security deposit, or a portion thereof as payment on account of
uncollected rents, if any.
The aforementioned "security deposit" shall be paid to the Agent who will
deposit same in a separate custodial type account. Agent shall keep records of
all funds so deposited as required in accordance with the Act of February 19,
1980, X.X. 00, Xx. 0, Xxxxxxx 000 (00 P.S. 455.604). Said account will be
clearly identified as required indicating the date and from whom he received
money, the date deposited, the date of withdrawals and other pertinent
information concerning this transaction. It is understood and agreed that should
the property herein mentioned be sold, exchanged, transferred or conveyed to a
new owner, that at the time of settlement, any money held as a security deposit
shall be transferred to the new owner or his agent, to be continued to be held
as a security deposit.
Affirmative
Covenants of
Lessor
6. (a) If the Lessee so desires, Lessor, if possible, may make available to
Lessee, without charge, a space in the building for the storage of good and
effects of Lessee. In consideration of the fact that no extra charge is made for
the furnishing of such space by the Lessor, it is understood that Lessor shall
not be liable for loss or damage to any stored goods through fire or theft or
any cause whatever, and Lessee expressly releases Lessor as bailee or otherwise
from all claims for any such loss or damage. It is further understood that the
use of storage space by the Lessee shall be limited to the time of the Lessee's
occupancy, and that goods left over thirty days after the expiration of Lessee's
occupancy may be sold for storage charges at public or private sale without
further notice to Lessee.
(b) The Lessor may furnish additional service not herein provided for but
any such service shall be gratuitous unless otherwise agreed and shall not be an
obligation of the Lessor or part of the consideration for the rent.
Place of
Payment
7. All rent shall be payable without prior notice or demand at the office of
Lessor or Agent as specified in paragraph #1. (p.).
8. Lessee covenants and agrees that he will without demand:
Affirmative
Covenants of
Lessee
(a) Pay the rent and all other charges herein reserved as rent on the days
and times and at the place that the same are made payable, without fail, and if
Lessor shall at any time or times accept said rent or rent charges after the
same shall have become due and payable, such acceptance shall not excuse delay
upon subsequent occasions, or constitute or be construed as a waiver of any of
Lessor's rights. Lessee agrees that any charge or payment herein reserved,
included, or agreed to be treated or collected as rent and/or any charges,
expenses, or costs herein agreed to be paid by the Lessee may be proceeded for
and recovered by the Lessor by legal process in the same manner as rent due and
in arrears.
Payment
of Rent
Late Charges
(b) All rental payments are due and payable on the due date as specified in
paragraph #1.(h) of this agreement or within five days thereafter (grace period)
without penalty. However, after 5:00 P.M. on the fifth day after due date as
aforementioned, any rental payment not paid in full will be subject to a late
charge. Payments not made on or before 5:00 P.M. on the 30th day after due date,
together with late charge, may be referred to Magistrate or Justice of the Peace
for the collection and/or ejectment.
Cleaning,
Repairing, etc.
(c) Keep the demised premises clean and free from all ashes, dirt and other
refuse matter; replace all broken glass windows, doors, etc.; keep all waste and
drain pipes open; repair all damages to plumbing and to the demised premises; in
general, keep the same in as good order and repair as they are at the beginning
of the term of this lease, reasonable wear and tear and damage by accidental
fire or other casualty not occuring through negligence of Lessee or those
employed by or acting for Lessee alone excepted. The Lessee agrees to surrender
the demised premises in the same condition in which Lessee has herein agreed to
keep the same during the continuance of this lease.
Requirements of
Public
Authorities
Fire
Surrender of
Possession
(d) Comply with any requirements of any of the constituted public
authorities, and with the terms of any State or Federal statute or local
ordinance or regulation applicable to Lessee or his use of the demised premises,
and save Lessor harmless from penalties, fines, costs or damages resulting from
failure to do so.
(e) Use every reasonable precaution against fire.
(f) Peaceably deliver up and surrender possession of the demised premises to
the Lessor at the expiration or sooner termination of this lease, promptly
delivering to Lessor at his office, all keys for the demised premises, with all
trash and personal belongings removed and building(s) broom-swept clean.
Notice of Fire,
etc.
Pay for Gas and
Electricity
(g) Give to Lessor prompt written notice of any accident, fire or damage
occuring on or to the demised premises.
(h) Promptly pay for all gas and electricity, water, heat, lawn care and
services consumed in the herein demised premises during the continuance of this
lease if so specified in paragraph #1.(q); and should Lessee fail to make these
payments when due, Lessor shall have the right to settle therefor, such sums to
be considered additional rent and collectable from Lessee, as such, by distress
or other process and to have all the priorities given by law to claims for rent.
Indemnification
(i) Indemnify and save Lessor harmless from any and all loss occasioned by
Lessee's breach of any of the covenants, terms and conditions of this lease, or
caused by his family, guests, visitors, agents and employees.
Negative
Covenants of
Lessee
Use of
Premises
Assignment and
Subletting
9. Lessee covenants and agrees that he will do none of the following things
without the consent in writing of Lessor:
(a) Occupy the demised premises in any other manner or for any other purpose
than as above set forth in paragraph #1.(n)
(b) Assign, mortgage or pledge this lease or under-let or sub-lease the
demised premises, or any part thereof, or permit any other person, firm or
corporation to occupy the demised premises, or any part thereof; nor shall any
assignee or sub-lease assign, mortgage or pledge this lease or such sub-lease,
without an additional written consent by the Lessor, and without such consent no
such assignment, mortgage or pledge shall be valid. If the Lessee becomes
embarrassed or insolvent, or makes an assignment for the benefit of creditors,
or if a petition in bankruptcy is filed or against the Lessee or a xxxx in
equity or other proceeding for the appointment of a receiver for the Lessee is
filed, or if the real or personal property of the Lessee shall be sold or levied
upon by any Sheriff, Marshal or Constable, the same shall be a violation of this
covenant.
Signs
(c) Place or allow to be placed any stand, booth, sign or show case upon the
doorsteps, vestibules or outside walls or pavements of said premises, or paint,
place, erect or cause to be painted, placed or erected any sign, projection or
device on or in any part of the premises. Lessee shall remove any sign,
projection or device painted, placed or erected, if permission has been granted
and restore the walls, etc., to their former conditions, at or prior to the
expiration of this lease. In case of the breach of this covenant (in addition to
all other remedies given to Lessor in case of breach of any conditions or
covenants of this lease) Lessor shall have the privilege of removing said
stand, booth, sign, show case projection or devise, and restoring said walls,
etc., to their former condition, and Lessee, at Lessor's option, shall be liable
to Lessor for any and all expenses so incurred by Lessor.
Alterations
Improvements
(d) Make any alterations, improvements, or additions to the demised
premises. All alterations, improvements, additions or fixtures, whether
installed before or after the execution of this lease, shall remain upon the
premises at the expiration or sooner determination of this lease and become the
property of Lessor, unless Lessor shall, prior to the determination of this
lease, have given written notice to Lessee to remove the same, in which event
Lessee will remove such alterations, improvements and additions and restore the
premises to the same good order and condition in which they now are. Should
Lessee fail to do so, Lessor may do so, collecting, at Lessor's option, the cost
and expense thereof from Lessee as additional rent.
Machinery
(e) Use or operate any machinery that, in Lessor's opinion, is harmful to
the building or disturbing to other tenants occupying other parts thereof.
Weights
Fire Insurance
(f) Place any weights in any portion of the demised premises beyond the safe
carrying capacity of the structure.
(g) Do or suffer to be done, any act, matter or thing objectionable to the
fire insurance companies, whereby the fire insurance or any other insurance now
in force or hereafter to be placed on the demised premises, or any part thereof,
or on the building of which the demised premises may be a part, shall become
void or suspended, or whereby the same shall be rated as a more hazardous risk
than at the date of execution of this lease, or employ any person or persons
objectionable to the fire insurance companies or carry or have been benzine or
explosive matter of any kind in and about the demised premises. In case of a
breach of this covenant (in addition to all other remedies given to Lessor in
case of the breach of any of the conditions of covenants of this lease).
Removal
of Goods
(h) Remove, attempt to remove or manifest an intention to remove Lessee's
goods or property from or out of the demised premises otherwise than in the
ordinary and usual course of business, without having first paid and satisfied
Lessor for all rent which may become due during the entire term of this lease.
Vacate Premises
Agency on
Renewal
(i) Vacate or desert said premises during the term of this lease, or permit
the same to be empty and unoccupied.
10. The Lessee agrees that if, with the permission in writing of Lessor, Lessee
shall vacate or decide at any time during the term of this lease, or any renewal
thereof, to vacate the herein demised premises, prior to the expiration of this
lease, or any renewal hereof, Lessee will not cause or allow any agent to
represent Lessee in any sub-letting or reletting of the demised premises other
than an agent approved by the Lessor, and that should Lessee do so, or attempt
to do so, that Lessor may remove any signs that may be placed on or about the
demised premises by such other agent without any liability to Lessee or to said
agent, the Lessee assuming all responsibility for such action.
Lessee's Rights
Inspection of
Premises
Rules and
Regulations
11. Lessee covenants and agrees that Lessor shall have the right to do the
following things and matters in and about the demised premises:
(a) At 24 hr. notice unless an emergency by himself or his duly authorized
agents to go upon and inspect the demised premises and every part thereof,
and/or at his option to make repairs, alterations and additions to the demised
premises or the building of which the demised premises is a part.
(b) At any time or times and from time to time make such rules and
regulations as in his judgement may from time to time be necessary for the
safety, care and cleanliness of the premises, and for the preservation of good
order therein. Such rules and regulations shall, when notice thereof is given to
Lessee, from a part of his lease.
Sale, Rent,
Signs and
Prospects
(c) To display a "For Sale" sign at any time, and also, after notice from
either party of intention to determine this lease, or at any time within six
months prior to the expiration of this lease, a "For Rent" sign, or both "For
Rent" and "For Sale" signs; and all of said signs shall be placed upon such part
of the premises as Lessor may elect and may contain such matter as Lessor shall
require. Prospective purchasers or tenants authorized by Lessor may inspect the
premises Monday thru Saturday between the hours of 11:00 A.M. and 8:00 P.M. 24
hr. notice.
Discontinue
Service, etc.
12. (a) In the event that the demised premises is totally destroyed or so
damaged by fire or other casualty not occuring through fault or negligence of
the Lessee or those employed by or acting for him, that the same cannot be
repaired or restored within a reasonable time, this lease shall absolutely cease
and determine, and the rent shall xxxxx for the balance of the term.
(b) If the damage caused as above be only partial and such that the premises
can be restored to their former condition within 30 days, the Lessor may, at his
option, restore the same with reasonable promptness, reserving the right to
enter upon the demised premises for that purpose. The Lessor also reserves the
right to enter upon the demised premises whenever necessary to repair damage
caused by fire or other casualty to the building of which the demised premises
is a part, even though the effect of such entry be to render the demised
premises or a part thereof untenantable. In either event the rent shall be
apportioned and suspended during the time the Lessor is in possession, taking
into account the proportion of the demised premises rendered untenantable and
the duration of the Lessor's possession. However, if more than 25% of Premises
is untenantable, tenant has option to terminate.
Damage for
Interrupted Use
(c) Lessor shall not be liable for any damage, compensation or claim by
reason of inconvenience or annoyance from the necessity of repairing any portion
of the building, the interruption in the use of the premises, or the termination
of this lease by reason of the destruction of the premises.
Representation
of Condition
13. The Lessor has let the demised premises in their present condition and
without any representation on the part of the Lessor, his officers, employees,
servants and/or agents. It is understood and agreed that the Lessor is under no
duty to make alterations at the time of letting or at any time thereafter.
Miscellaneous
Agreements and
Conditions
14. (a) No contract entered into or that may be subsequently entered into by
Lessor with Lessee, relative to any alterations, additions, improvements or
repairs, nor the failure of Lessor to make such alterations, additions,
improvements or repairs as required by any such contract, nor the making by
Lessor or his agents or contracts of such alterations, additions, improvements
or repairs shall in any way affect the payment of the rent or said other charges
at the time specified in this lease.
Effect of Repairs
or Rentals
Waiver of
Custom
Failure of Lessee
to Repair
(b) It is hereby covenanted and agreed, any law, usage or custom to the
contrary notwithstanding, that Lessor shall have the right at all times to
enforce the covenants and provisions of this lease in strict accordance with the
terms hereof, notwithstanding any conduct or custom on the part of the Lessor in
refraining from so doing at any time or times; and further, that the failure of
Lessor at any time or times to enforce its rights under said covenants and
provisions strictly in accordance with the same not be construed as having
created a custom in any way or manner contrary to the specific terms, provisions
and covenants of this lease or as having in any way or manner modified the same.
(c) In the event of the failure of Lessee promptly to perform the covenants
of Par. #8.(c) hereof, Lessor may go upon the demised premises and perform such
covenants, the cost thereof, at the sole option of Lessor, to be charged to
Lessee as additional and delinquent rent.
Remedies of
Lessor
15. If the Lessee
(a) Does not pay in full when due any and all installments of rent and/or
any other charge or payment herein reserved, included, or agreed to be treated
or collected as rent and/or any other charge, expense, or cost herein agreed to
be paid by the Lessee; or
(b) Violates or fails to perform or otherwise breaks any covenant or
agreement herein contained; or
(c) Vacates the demised premises or removes or attempts to remove or
manifests an intention to remove any goods or property therefrom otherwise than
in the ordinary and usual course of business without having first paid and
satisfied the Lessor in full for all rent and other charges then due or that may
thereafter become due until the expiration of the than current term, above
mentioned; or
(d) Becomes embarrassed or insolvent, or makes an assignment for the benefit
of creditors, or if a petition in bankruptcy is filed by or against the Lessee
or a xxxx in equity or other proceeding for the appointment of a receiver for
the Lessee is filed, or if the proceedings for reorganization or for composition
with creditors under any State or Federal law be instituted by or against
Lessee, or if the real or personal property of the Lessee shall be sold or
levied upon by any due process of law, then and in any or either of said events,
there shall be deemed to be a breach of this lease, and thereupon ipso facto and
without entry or other action by Lessor;
(d1) The rent for the entire unexpired balance of the term of this lease, as
well as all other charges, payments, costs and expenses herein agreed to be paid
by the Lessee, or at the option of Lessor any part thereof, and also all costs
and officers' commissions including watchmen's wages and further including the
five percent chargeable by Act of Assembly to the Lessor, shall, in addition to
any and all instruments of rent already due and payable and in arrears and/or
any other charge or payment herein reserved, included or agreed to be treated or
collected as rent, and/or any other charge, expense or cost herein agreed to be
paid by the Lessee which may be due and payable and in arrears, be taken to be
due and payable and in arrears as if by the terms and provisions of this lease,
the whole balance of unpaid rent and other charges, payments, taxes, costs and
expenses were on that date payable in advance; and if this lease or any part
thereof is assigned, or if the premises or any part thereof is sub-let, Lessee
hereby irrevocably constitutes and appoints Lessor Lessee's agent to collect the
rents due by such assignee or sub-leasee and apply the same to the rent due
hereunder without in any way affecting Lessee's obligation to pay unpaid balance
of rent due hereunder; or in the event of any of the foregoing at any time at
the option of Lessor;
(d2) This lease and the term hereby created shall determine and become
absolutely void without any right on the part of the Lessee to save the
forfeiture by payment of any sum due or by other performance of any condition;
term or covenant broken; whereupon, Lessor shall be entitled to recover damages
for such breach in an amount equal to the amount of rent reserved for the
balance of the term of this lease, less the fair rental value of the said
demised premises, for the residue of said term.
16. In the event of any default as aforesaid, the Lessor, or anyone acting on
Lessor's behalf, at Lessor's option:
Further
Remedies of
Lessor
(a) May lease said premises or any part of parts thereof to such person or
persons as may in Lessor's discretion seem best and the Lessee shall be liable
for any loss of rent for the balance of the then current term.
(b) Any re-entry or re-letting by Lessee under the terms hereof shall be
without prejudice to Lessor's claim for damages and shall under no circumstances
release Lessee from liability for such damages arising out of the breach of any
of the covenants, terms and conditions of this lease.
Zoning
17. It is understood and agreed that the Lessor hereof does not warrant or
undertake that the Lessee shall be able to obtain a permit under any Zoning
Ordinance or Regulation for such use as Lessee intends to make of the said
premises, and nothing in this lease contained shall obligate the Lessor to
assist Lessee in obtaining said permit; the Lessee further agrees that in the
event a permit cannot be obtained by Lessee under any Zoning Ordinance, or
Regulation, this lease shall not terminate without Lessor's consent, and the
Lessee shall use the premises only in a manner permitted under such Zoning
Ordinance or Regulation.
Confession of
Judgement
18. If rent and/or charges hereby reserved as rent shall remain unpaid on any
day when the same should be paid Lessee hereby empowers any Prothonotary or
attorney of any Court of Record to appear for Lessee in any and all actions
which may be brought for rent and/or the charges, payments, costs and expenses
reserved as rent, or agreed to be paid by the Lessee and/or to sign for Lessee
an agreement for entering in any competent Court an amicable action or actions
for the recovery of rent or other charges or expenses, and in said suits or in
said amicable action or actions to confess judgment against Lessee for all or
any part of the rent specified in this lease and then unpaid including, at
Lessor's option, the rent for the entire unexpired balance of the term of this
lease, and/or other charges, payments, costs and expenses reserved as rent or
agreed to be paid by the Lessee, and for interest and costs together with an
attorney's commission of 15%. Such authority shall not be exhausted by one
exercise thereof, but judgment may be confessed as aforesaid from time to time
as often as any of said rent and/or other charges reserved as rent shall fall
due or be in arrears, and such powers may be exercised as well after the
expiration of the original term and/or during any extension or renewal of this
lease.
Ejectment
19. When this lease shall be determined by condition broken, either during the
original term of this lease or any renewal or extension thereof, and also when
and as soon as the term hereby created or any extension thereof shall have
expired, it shall be lawful for any attorney as attorney for Lessee to file an
agreement for entering in any competent Court an amicable action and judgment in
ejection against Lessee and all persons claiming under Lessee for the recovery
of possession of the herein demised premises, for which this lease shall be his
sufficient warrant.
whereupon, if Lessor so desires, a writ of habere facias possessionem may issue
forthwith, without any prior writ or proceedings whatsoever, and provided that
if for any reason after such action shall have been commenced the same shall be
determined and the possession of the premises hereby demised remain in or be
restored to Lessee. Lessor shall have the right upon any subsequent default or
defaults, or upon the termination of this lease as hereinbefore set forth, to
bring one or more amicable action or actions as hereinbefore set forth to
recover possession of the said premises.
Affidavit of Default
20. In any amicable action of ejectment and/or for rent in arrears, Lessor shall
first cause to be filed in such action an affidavit made by him or someone
acting for him setting forth the facts necessary to authorize the entry of
judgment, of which facts such affidavit shall be conclusive evidence, and if a
true copy of this lease (and of the truth of the copy such affidavit shall be
sufficient evidence) be filed in such action, it shall not be necessary to file
the original as a warrant of attorney, any rule of Court, custom or practice to
the contrary notwithstanding.
Remedies Cumulative
21. All of the remedies hereinbefore given to Lessor and all rights and remedies
given to it by law and equity shall be cumulative and concurrent. No
determination of this lease or the taking or recovering of the premises shall
deprive Lessor of any of its remedies or action against the Lessee for rent due
at the time or which, under the terms hereof, would in the future become due as
if there has been no determination, or for sums due at the time or which, under
the terms hereof, would in the future become due as if there had been no
determination, nor shall the bringing of any action for rent or breach of
covenant, or the resort to any other remedy herein provided for the recovery of
rent be construed as a waiver of the right to obtain possession of the premises.
Subordination
22. This Agreement of Lease and all of its terms, covenants, and provisions are
and each of them is subject and subordinate to any lease or other arrangement or
right to possession, under which the Lessor is in control of the demised
premises, to the rights of the owner or owners of the demised premises and of
the land or buildings of which the demised premises are a part to all rights of
the Lessor's landlord and to any and all mortgages and other encumbrances now or
hereafter placed upon the demised premises or upon the land and/or buildings
containing the same; and Lessee expressly agrees that if Lessor's tenancy,
control, or right to possession shall terminate either by expiration, forfeiture
or otherwise, then this lease shall thereupon immediately terminate and the
Lessee shall, thereupon, give immediate possession and Lessee hereby waives any
and all claims for damages or otherwise by reason of such termination as
aforesaid.
Condemnation
23. In the event that the premises demised or any part thereof is taken or
condemned for a public or quasi-public use, this lease shall, as to the part so
taken, terminate as of the date title shall vest in the condemnor, and rent
shall xxxxx in proportion to the square feet of leased space taken or condemened
or shall cease if the entire premises be so taken. However if more than 25% of
the premises is taken, tenant shall have the option to terminate this lease. In
either event the Lessee waives all claims against the Lessor by reason of the
complete or partial taking of the demised premises, and it is agreed that the
Lessee shalll be entitled to 10 days notice whatsoever of the partial or
complete termination of this lease by reason of the aforesaid.
Termination of Lease
24. It is hereby mutually agreed that either party hereto may determine this
lease at the end of the said term by giving to the other party prior written
notice thereof in accordance with paragraph #1.(1), but in default of such
notice, this lease shall continue upon the same terms and conditions in force
immediately prior to the expiration or the term hereof as are herein contained
for a further period as specified in paragraph #1.(m), and so on from renewal to
renewal unless or until termination by either party hereto, giving the other the
aforementioned written notice for renewal previous to expiration of the then
current term; PROVIDED, however, that if Lessor shall have given such written
notice prior to the expiration of any term hereby created, of its intention to
change the terms and conditions of this lease, and Lessee shall not within
thirty days from such notice notify Lessor of Lessee's intention to vacate the
demised premises at the end of the then current term, Lessee shall be considered
as Lessee under the terms and conditions mentioned in such notice for a further
term as above provided, or for such further term as may be stated in such
notice. In the event that Lessee shall give notice, as stipulated in this lease,
of intention to vacate the demised premises at the end of the present term, or
any renewal or extension thereof, and shall fail or refuse so to vacate the same
on the date designated by such notice, then it is expressly agreed that Lessor
shall have the option either (a) to disregard the notice so given as having no
effect, in which case all the terms and conditions of this lease shall continue
thereafter with full force precisely as if such notice had not been given, or
(b) Lessor may, at any time within thirty days after the present term or any
renewal or extension thereof, as aforesaid, give the said Lessee ten days
written notice of his intention to terminate the said lease; whereupon the
Lessee expressly agrees to vacate said premises at the expiration of the said
period of ten days specified in said notice. All powers granted to Lessor by
this lease may be exercised and all obligations imposed upon Lessee by this
lease shall be performed by Lessee as well during any extension of the original
term of this lease as during the original term itself.
Inability to give Possession
25. If Lessor is unable to give Lessee possession of the demised premises, as
herein provided, by reason of the holding over of a previous occupant, or by
reason of any cause beyond the control of the Lessor, the Lessor shall not be
liable in damages to the Lessee therefore, and during the period that the Lessor
is unable to give possession, all rights and remedies of both parties hereunder
shall be suspended.
Additional Rent
26. Lessee agrees to pay as additional rent any and all sums which may become
due by reason of the failure of Lessee to comply with any of the covenants of
this lease and any and all damages, costs and expenses which the Lessor may
suffer or incur by reason of any default of the Lessee or failure on his part to
comply with the covenants of this lease, and also any and all damages to the
demised premises caused by any act or neglect of the Lessee, his guests, agents,
employees or other occupants of the demised premises.
Notices
27. All notices required to be given by Lessor to Lessee shall be sufficiently
given by leaving the same upon the demised premises, but notices given by Lessee
to Lessor must be given by certified mail, and as against Lessor the only
admissable evidence that notice has been given by Lessee shall be a certified
return receipt signed by Lessor or his agent. The same for both.
Rights to Enforce Defination of Lessor and Lessee
28. The Lessor shall have the right, at all times, to enforce any or all the
convenants and provisions of this lease, notwithstanding the failure of the
Lessor at any previous time, or times, to enforce his rights under any of the
convenants and provisions of this lease.
29. The word "Lessor" as used herein, shall include the Owner and the Landlord,
whether Person, Firm or Corporation, as well as the Heirs, Executors,
Administrators, Successors and Assigns each of whom shall have the same rights,
remedies, powers, privileges and obligations as though he, she, it or they had
originally signed this lease as Lessor, including the right to proceed in his,
her, its, or their own name to enter judgment by confession, or otherwise. The
word "Lessee" as used herein, shall include Tenant, whether Person, Firm or
Corporation, as well as the Heirs, Executors, Administrators, Successors and
Assigns, each of whom shall have the same rights, remedies, powers, privileges,
and shall have no other liabilities, rights, privileges or powers than he, she,
it or they would have been under or possessed had he, she, it or they originally
signed this lease as Lessee.
Agent
30. It is expressly understood and agreed between the parties hereto that the
herein named agent, his salesmen and employees or any officer or partner of
agent and any cooperating broker and his salesmen and employees and any officer
or partner of the cooperating broker are acting as agent only and will in no
case whatsoever be held liable either jointly or severally to either party for
the performance of any term of convenant of this agreement or for damages for
the nonperformance thereof.
Heirs and Assignees
31. All rights and liabilities herein given to, or imposed upon, or waivers of
the respective parties hereto shall extend to and bind the several and
respective heirs, executors, administrators, successors and assigns of said
parties; and if there shall be more than one Lessee, they shall all be bound
jointly and severally by the terms, covenants and agreements herein, and the
word "Lessee" shall be than deemed taken to mean each and every person or party
mentioned as a Lessee herein, be the same one or more; and if there shall be
more one Lessee, any notice required or permitted by the terms of this lease may
be given by or to any one thereof, and shall have the same force and effect as
if given by or to all thereof. No rights, however, shall inure to the benefit of
any assignee of Lessee unless the assignment of such assignee has been approved
by Lessor in writing as aforesaid.
Lease Contains Entire Agreement
32. The Lessor and Lessee hereby agree that this lease sets forth all the
promises, agreements, conditions and understandings between the Lessor, or his
Agent, and the Lessee relative to the demised premises, and that there are no
promises, agreements, conditions or understandings, either oral or written,
between them other than as are herein set forth, and any subsequent alteration,
amendment, change or addition to this lease shall not be binding upon the Lessor
or Lessee unless reduced to writing and signed by them.
Severability (11-74)
33. If any section, subsection, sentence, clause phrase or requirement of this
lease is contrary to law or laws subsequently enacted, or should be found
contrary to laws during the term or any renewal or extension thereof, the
validity of the remaining portions shall not be affected thereby. The parties
hereby agree that they would have agreed to each section, subsection, clause
sentence, phrase or requirement herein irrespective of the fact that one or more
section, subsection sentence, clause, phrase or requirement was contrary to law
or during the term or any renewal or extension thereof or are found to be
contrary to the law.
Descriptive Heading
34. The descriptive headings used herein are for convenience only and they are
not intended to indicate all of the matter in the sections which follow them.
Accordingly, they shall have no effect whatsoever in determining the rights or
obligations of the parties.
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to
this transaction are advised to consult an attorney before signing if they
desire legal advice.
Approval (7-86)
IN WITNESS WHEREOF, the parties hereto, including to be legally bound
hereby, have hereunder set their hands and seals the day and year first above
written.
WITNESS AS LESSEE /s/ xxxxxxxxx (SEAL)
TO LESSEE /s/ xxxxxxxxxxxxxx -------------------------
-------------------------- President
WITNESS AS LESSEE /s/ xxxxxxxxx (SEAL)
TO LESSEE -------------------------
-------------------------- Secretary Treasurer
LESSEE (SEAL)
-------------------------
The Lessor hereby approves this contract on this ____________ day of __________
19__ and in consideration of the services rendered in procuring the herein named
Lessee and/or collection of rents as agreed and specified in part one of this
lease, the Lessor agrees to pay the herein named agent a fee in the amount of
_________ for obtaining LEssee together with a fee of _____________ for the
collection of rents during the term, renewal or extension of this lease or
additional lease with the herein named Lessee. Should the Lessee purchase the
demised premises from the Lessor during the term of this lease, or during a
renewal, extension or any additional lease between said parties for the demised
premises, or within a reasonable period of time after the expiration of any such
lease, the Lessor agrees to pay the agent, at the time of settlement, a sale fee
of/from the specified sale price.
WITNESS AS LESSOR /s/ xxxxxxxxx (SEAL)
TO LESSOR /s/ xxxxxxxxxxxxxx -------------------------
--------------------------
WITNESS AS LESSOR /s/ xxxxxxxxx (SEAL)
TO LESSOR -------------------------
--------------------------
AGENT BY
------------------------
RIDER
RIDER, attached to and forming part of a Lease Agreement dated as of September
21, 1998 between Xxxxxx & Xxxxxx Xxxxxxx as Lessor and
Lessee's for Premises situated at and known as 0000 Xxxxx Xxxxx Xxxx,
Xxxxxxxxxx, XX. 00000.
INTERPRETATION: This Rider and the Lease Agreement of which it forms a part are
to be considered one document. Where the contents of this Rider and the Lease
Agreements are contradictory or inconsistent, the contents of this Rider shall
be deemed to supersede the Lease Agreement. To the extent the Lease Agreement is
not amended or affected by this Rider, it shall remain in full force and effect.
INSURANCE: Lessee shall maintain, at its sole cost and expense, during the
entire term hereof, comprehensive general liability insurance against injury,
death or damage to person or property on the demised Premises or from acts of
Lessee, its agents or employees, in amounts not less than $1,000,000.00 for
personal injury and $250,000 for property damage. Said policy shall name lessor
and any mortgagees of the Premises as additional insured parties. Lessor will
maintain insurance on the building at their expense.
REPAIRS: Tenant obligations under this clause shall be limited to $300.00 per
occurrence. Landlord shall be responsible for all repairs in excess of $300.00.
TENANT's OBLIGATIONS, By entry hereunder, Tenant shall be deemed to have
accepted the Premises as being in good, sanitary order, condition and repair.
Tenant shall, at Tenant's sole cost and expense, keep the Premises and every
part thereof in good condition and repair (except as hereinafter provided with
respect to Landlord's obligations) including without limitation, the
maintenance, and repair of any storefront, doors, window casements, glazing,
heating and air conditioning system if there is an air conditioning system.
Tenant shall be responsible for repairs and maintenance on said system,
plumbing, well, pipes, electrical wiring and conduits. Landlord reserves the
right to inspect and repair said system at Tenant's expense which, unless paid,
constituted default. Tenant shall, upon the expiration or sooner termination of
this Lease hereof, surrender the Premises to the Landlord in good condition,
broom clean, ordinary wear and tear, and damage from casualties covered by
Landlord's building insurance excepted. Any damage to adjacent premises caused
by Tenant's use of the Premises shall be repaired at the sole cost and expense
of Tenant.
LANDLORD'S OBLIGATIONS: Notwithstanding the provisions of Article hereinabove,
Landlord shall repair and maintain the structural portions of the Building,
including the exterior walls unless such maintenance and repairs are caused in
part or in whole by the act, neglect, fault or omission of any duty by the
Tenant, its agents, servants, employees, invitees, in which case Tenant shall
pay to Landlord the actual cost of such maintenance and repairs. Landlord shall
not be liable for any failure to make such repairs or to perform any maintenance
unless such failure shall persist for 5 Business Days after written notice of
the need of such repairs or maintenance is given to Landlord by Tenant.
ALTERATIONS AND IMPROVEMENTS: Lessee may make such alterations and improvements
to the demised Premises as it sees fit at its sole cost and expense, provided
that (i) the structural integrity of the building is not adversely affected
thereby: (ii) Lessee shall obtain Lessor's prior approval of all plans and
specifications (except for cosmetic repairs and redecorating); (iii) Lessee
obtains all necessary permits and approval from all local and state agencies
having jurisdictions; (iv) each and every contractor and subcontractor
performing work on the job shall have executed and filed a valid Waiver of
Mechanics Liens in the office of the Prothonotary of Xxxxxxxxxx County; (v) each
contractor and subcontractor shall provide Lessor with evidence of adequate
Workers Compensation Insurance and general liability insurance not less than
$1,000,000.00 for personal injury and $100,000 for property damage, (vi) all
laws, statues, ordinances, rules, regulations and requirements of governmental
agencies and insurance companies complied with; and (vii) all such alterations
and improvements are done in first class and workmanlike manner and in
accordance with the plans and specifications apprised by Lessor. At termination
of the Lease, all alterations and improvements become the property of the
Lessor. At the termination of this Lease, all trade fixtures shall continue to
be Lessee's property and may be removed from the premises; otherwise, at the
option of Lessee, if the alterations and improvements are left at the premises
after Lessee vacates, these items shall become the property of the Lessor. All
trade fixtures shall remain Lessee's property and may be removed at the
termination of this Lease.
ASSIGNMENT AND SUBLETTING: Lessee may not assign this lease or sublet all or a
portion of THE Premises without first obtaining Lessor's consent in writing.
TRADE FIXTURES: Provided that Lessee is not therein default hereunder, at the
termination of this Lease Lessee may remove its trade fixtures and equipment
from the Premises. Lessee shall repair any damage to the Premises caused by the
removal of said trade fixtures and equipment.
TAXES: Lessor will be responsible and pay for the Real Estate taxes.
UTILITIES: Lessee also will be responsible at their expense for the current
septic system use. Currently we have a 2500 gallon holding tank which is emptied
when it fills up.
HAZARDOUS MATERIALS: Lessee shall not store on the premises or utilize in its
operation any materials, compounds or liquids that are highly flammable or
hazardous to the health of humans in ordinary use. No oils, lubricating fluids,
cleaning compounds or other petrochemical-based substances shall be deposited or
disposed of in the septic system serving the premises or any sewer system to
which it may be connected hereafter. All such materials shall be removed from
the Premises once no longer used by Lessee in complicance with all statutes,
regulations and ordinances of the federal, state and local government.
HOLD HARMLESS: Tenant shall indemnify and hold harmless Landlord against and
from any and all claims arising from Tenant's use of the Premises or from the
conduct of its business or from any activity, work or other things done,
permitted or suffered by the Tenant in or about the Premises, and shall further
indemnify and hold harmless Landlord against and from any and all claims arising
from any breach or default in the performance of any obligation on Tenant's part
to be performed under the terms of this Lease, or arising from any act or
negligence of the Tenant, or any officer, agent, employee, guest, or invitee of
Tenant, and from all costs, attorney's fees, and liabilities incurred in or
about the defense of any such claim or any action or proceeding brought thereon
and in case any action or proceeding be brought against Landlord by reason of
such claim; provided however Tenant shall not indemnify and hold harmless
landlord from any and all claims arising from landlord's negligence. Tenant upon
notice from Landlord shall defend the same at Tenant's expense by counsel
reasonable satisfactory to Landlord. Tenant, as a material
part of the consideration to Landlord, hereby assumes all risk of damage to
property or injury to persons in, upon, or about the Premises, from any cause
other than Landlord's negligence; and Tenant hereby waives all claims in respect
thereof against Landlord. Tenant shall give prompt notice to Landlord in case of
casualty or accidents in the Premises.
Landlord or its agents shall not be liable for any loss or damage to persons or
property resulting from fire, explosion, falling plaster, steam, gas,
electricity, water or rain which may leak from any part of the building or from
the pipes, appliances or plumbing works therein or from the roof, street
subsurface or from any place resulting from dampness or any other cause
whatsoever, except that of landlords negligence Landlord or its agents shall
not be liable for interference with the light, air, or for any defect in the
Premises.
AUTHORITY OF TENANT: If Tenant is a corporation, each individual executing this
Lease on behalf of said corporation represents and warrants that he is duly
authorized to execute and deliver this Lease on behalf of said corporation, in
accordance with the bylaws of said corporation, and that this Lease is binding
upon said corporation.
The terms of this Addendum have been agreed to by the parties to this Lease as
of the day and year first above written in the Lease Agreement.
RIGHT OF FIRST REFUSAL: 1. As a material consideration for entering this Lease
Agreement Tenant shall at all times during the initial lease term and subsequent
terms have the Right of First Refusal to purchase the "Property" constituting
the Leasehold Premises and surrounding acreage, known as 0000 Xxxxx Xxxxx Xxxx,
Xxxxxxxxxx, Xxxxxxxxxxxx, together with all improvements (i.e. a 2,000 square
foot stand-alone building, parking area, lawn, etc.).
2. Under this provision, the Owner is obligated to
notify Tenant in writing, via certified mail, of any pending ownership change.
Notification will be deemed effective upon confirmed receipt of the certified
mail. A "pending ownership change" will constitute a bona fide offer in writing
for transfer or sale of the Property from a good faith purchaser/transferee
unaffiliated to the Owner, Tenant will not be obligated to exercise its Right
of First Refusal until receiving notification of a "pending ownership change".
Under no circumstances shall the "Property" be sold or transferred without first
permitting the Tenant to exorcise its Right of First Refusal. Tenant shall have
ninety (90) days from the date of notification
to exercise its Right of First Refusal by matching the bona fide offer.
----------------------
XXXXXX XXXXXXX, LESSOR
----------------------
XXXXXX XXXXXXX, LESSOR
----------------------
WITNESS
----------------------
LESSEE
----------------------
WITNESS
