LEASE
THIS LEASE, made in duplicate this 1st day of May, 1997, by and between
FERNAL INC. hereinafter called "Landlord" and XXXXXXX X. XXXXX AND
PROFORMANCE RESEARCH ORGANIZATION, OF 0000 X. 00 XXX, XXXXXX, XXXX 00000
hereinafter called "Tenant",
W I T N E S S E T H:
That in consideration of the payment of the rent and the keeping and
performance of the covenants and agreements by Tenant as hereinafter set
forth, Landlord has agreed to Lease and hereby does lease and demise unto
Tenant NORTH SECTION OF FLOOR 2 IN THE MARTISCHANG BLDG. 5335 W. 48 AVE
DENVER COLO
TO HAVE AND TO HOLD the same with all the appurtenances unto Tenant from
12:00 o'clock noon on the 1st day of May 1997, for, during and until 12:00
o'clock noon on the 30th day of Nov. [30 months] 1999, at and for a minimum
total rental of SEVENTY EIGHT THOUSAND NINE HUNDRED FORTY TWO 11/100
($78,942.11) Dollars payable in equal monthly installments of (Except as
otherwise referenced) 1st 12 months $2,509.00 MO. LAST 6 MONTHS, $2,819.11
2ND 12 MONTHS $2,659.54 MO. ($ ) Dollars on the 1st day of each and
every month during said term, in advance, until all rental due hereunder has
been paid. All rental shall be paid without notice at the office of the
Landlord or its Agent, in Denver, Colorado, or such other place as the
Landlord from time to time in writing may designate.
1. A security and damage deposit of $2,819.11 will be paid by agreed
due date, JUNE 15, 1997.
2. All parking is controlled by the landlord and at this time there
are 4 cars at an additional $120.00 per month "GUESSTIMATE" payable monthly.
Trash removal is a minimum of 30.00 monthly payable [GUESSTIMATE]
additional
Electrical is a minimum of $125.00 monthly and payable monthly
[GUESSTIMATE] additional.
Space is leased as is.
Items under 2 may be increased as required.
3. Should taxes increase years 1997-98 & 99 tenant will pay its
proportionate share of square footage.
3A. Fire extinguishers as per Denver ordinance
QUIET ENJOYMENT
4. Landlord agrees to warrant and defend Tenant in the quiet enjoyment
and possession of the demised premises during the term of this Lease.
CHARACTER OF OCCUPANCY
5. Tenant agrees that the demised premises shall be used and occupied
only as OFFICE OF ADMINISTRATION in a careful, safe and proper manner, and that
it will pay on demand for any damage to the premises caused by the misuse of
same by it, or its agents or employees;
That it will not use or permit the demised premises to be used for
any purposes prohibited by the laws of the United States or the State of
Colorado, or the ordinances of the City of and County of Denver.
That it will not use or keep any substance or material in or about
the demised premises which may violate or endanger the validity of the
insurance on said building or increase the hazard of the risk, or which may
prove offensive or annoying to other tenants of the building;
That it will not permit any nuisance in the demise premises.
INSPECTION AND ALTERATIONS BY LANDLORD
6. The Landlord shall have the right at any time to enter the demised
premises to examine and inspect the same, to to make such repairs, additions,
or alterations as it may deem necessary or proper for the safety, improvement
or preservation thereof, and shall at all times have the right, at its
election to make such alterations or changes to other portions of said
building as it may from time to time deem necessary and desirable.
Tenant shall make no alterations in or additions to the demised
premises without first obtaining the written consent of Landlord, and all
additions or improvements made by the Tenant (except only movable office
furniture) shall be deemed as part of the real estate and permanent structure
thereon and shall remain upon and be surrendered with said premises as a part
thereof at the end of the said term, by lapse of time, or otherwise.
SUBLETTING
7. Tenant agrees that it will not sublet the demised premises or any
part thereof, nor assign this Lease, or any interest therein, without the
written consent of the Landlord first had and obtained.
INSOLVENCY
8. Any assignment for the benefit of creditors or by operation of law
shall not be effective to transfer any rights hereunder to the said assignee
without the written consent of Landlord first having been obtained.
It is further agreed between the parties hereto that if
Tenant shall be declared insolvent or bankrupt, or if any assignment of
Tenant's property shall be made for the benefit of creditors or otherwise, or
if Tenant's leasehold interest herein shall be levied upon under execution,
or seized by virtue of any writ of any court of law, or a Trustee in
Bankruptcy or a Receiver be appointed for the property of Tenant, whether
under the operation of State or Federal statutes, then and in any such case,
Landlord may, at its option, immediately, with or without notice (notice
being expressly waived) terminate this lease and immediately retake
possession of said premises, using such force as may be necessary, without
being guilty of any manner of trespass or forcible entry or detainer, and
without the same working any forfeiture of the obligations of Tenant
hereunder.
BREACH
9. The Tenant agrees to observe and perform the conditions and
agreements herein set forth to be observed and performed by the Tenant, and
further agrees that if default is made by the Tenant in the payment of said
rent, or any part thereof, or if the Tenant shall fail to observe or
perform any of said conditions or agreements, and such default shall continue
for a period of five (5) days, then and in that event, and as often as the
same may happen, it shall be lawful for the Landlord, at its election, with
or without previous notice, to terminate this Lease and to re-enter and
repossess itself of said premises, with or without legal proceedings, using
such force as may be necessary, and to remove therefrom any personal property
belonging to the Tenant without prejudice to any claim for rent or for the
breach of covenants hereof, or without being guilty of any manner of trespass
or forcible entry or detainer.
RIGHT OF LANDLORD TO POSSESSION
10. If the rent above reserved or any part thereof shall be in default,
or in case of a breach of any of the covenants or agreements herein on the
part of Tenant continued for a period of five (5) days after written notice
of such breach has been given by Landlord to Tenant, or if Tenant shall
abandon or vacate said premises before the end of the term of this Lease,
Landlord may, at its option, and without notice, and using such force as may
be necessary enter said premises, remove any signs of Tenant therefrom, and
re-let the same or any part thereof as it may see fit for the account of
Tenant, without thereby avoiding or terminating this Lease and, for the
purpose of such re-letting, Landlord is authorized to make any repairs,
changes, alterations or additions in or to said demised premises as may, in
the opinion of Landlord, be necessary or desirable for the purpose of such
re-letting, and if a sufficient sum shall not be realized from such
re-letting (after payment of all the costs and expenses of such repairs,
changes or alterations, and the expense of such re-letting and the collection
of rent accruing therefrom) each month to equal the monthly rental agreed to
be paid under the provisions of this Lease, then Tenant agrees to pay such
deficiency each month upon demand therefor.
INJURY TO PERSON OR PROPERTY
11. All personal property of any kind or description whatsoever in the
demised premises shall be at the Tenant's sole risk. The Tenant agrees
neither to hold nor attempt to hold Landlord liable for any injury or damage,
either proximate or remote, occurring through or caused by any repairs,
alterations, injury or accident to the demised premises, to adjacent premises
or other parts of the building not herein demised, whether by reason of the
negligence or default of the owners or occupants thereof, or any other
person, or otherwise, nor liable for any injury or damage occasioned by gas,
smoke, rain, snow, defective electric wiring or the breakage or stoppage of
plumbing or sewerage upon or in the building or adjacent premises, whether
said breakage or stoppage results from freezing or otherwise.
REMOVAL OF TENANT'S PROPERTY
12. If the Tenant shall fail to remove all effects from said premises
upon the abandonment thereof or upon the termination of this Lease for any
cause whatsoever, the Landlord, at its option, may remove the same in any
manner that it shall choose, and store the said effects without liability to
the Tenant for loss thereof, and the Tenant agrees to pay the Landlord on
demand any and all expenses incurred in such removal, including Court costs
and attorney's fees and storage charges on such effects for any length of
time the same shall be in the Landlord's possession; or the Landlord, at its
option, without notice, may sell said effects, or any of the same, at private
sale and without legal process, for such prices as the Landlord may obtain,
and apply the proceeds of such sale upon any amounts due under this Lease
from the Tenant to the Landlord and upon the expense incident to the removal
and sale of said effects, rendering the surplus, if any, to the Tenant.
INDEMNITY TO LANDLORD
13. The Tenant agrees to indemnify and save harmless Landlord of and
from all liability for damages or claims against Landlord on account of
injuries to the person or property of any other tenant in the building or to
any person rightfully in said building for any purpose whatsoever where the
injuries are caused by the negligence or misconduct of the Tenant, its
agents, servants or employees, or any other person entering upon the premises
under express or implied invitation of Tenant, or where such injuries are the
result of the violation of the laws or ordinances, governmental orders of any
kind, or any of the rules and regulations hereinafter provided for by any of
such persons.
TENANT'S FURNISHINGS
14. The Tenant hereby conveys to the Landlord all of the personal
property situated on the leased premises as security for the payment of all
rentals due or to become due hereunder. Said property shall not be removed
therefrom without the consent of the Landlord until all rent due or to become
due hereunder shall have first been paid and discharged. It is intended by
the parties hereto that this instrument shall have the effect of a mortgage
or lien upon such property, and the Landlord, upon default of the Tenant in
the payment of rent, may take possession of said property either to its own
use or to sell the same for the best price that can be obtained at public or
private sale, and out of the money arising therefrom pay the amount due the
Landlord, and all costs growing out of the execution of the provisions
hereof, paying the surplus, if any, to the Tenant. If said property, or any
portion thereof, shall be offered at public auction, the Landlord may become
the purchaser thereof.
REPAIRS
15. Tenant agrees to keep the demised premises in as good order,
condition and repair as when they were entered upon, loss by fire (unless
caused by the negligence of the Tenant, its agents, employees or invitees)
inevitable accident or ordinary wear excepted.
SURRENDER OF POSSESSION
16. The Tenant agrees to deliver up and surrender to the Landlord
possession of said premises at the expiration of termination of this Lease,
by lapse of time or otherwise, in as good repair as when the Tenant obtained
the same at the commencement of said term, excepting only ordinary wear and
decay, or damage by the elements (occurring without the fault of the Tenant or
other persons permitted by the Tenant to occupy or enter the demised
premises or any part thereof) or by Act of God, or by insurrection, riot,
invasion or commotion, or of military or usurped power.
FIRE, RESTORATION OF PREMISES
17. If the demised premises, or said building shall be so damaged by
fire or other casualty as to render said premises wholly untenantable, and if
such damage shall be so great that a competent architect, in good standing in
the City and County of Denver, selected by the Landlord, shall certify in
writing to the Landlord and the Tenant that said premises, with the exercise
of reasonable diligence, cannot be made fit for occupancy within one hundred
twenty (120) days from the happening thereof, then this Lease shall cease and
terminate from the date of the occurrence of such damage; and the Tenant
thereupon shall surrender to the Landlord said premises and all interest
therein hereunder, and the Landlord may re-enter and take possession of said
premises and remove the Tenant therefrom. The Tenant shall pay rent, duly
apportioned, up to the time of such termination of this Lease.
If however, the damage shall be such that such an architect so shall
certify that said demised premises can be made tenantable within said one
hundred twenty (120) days from the happening of such damage by fire or other
casualty, then the Landlord shall repair the damage so done with all
reasonable speed and the rent shall be abated only for the period during
which the Tenant shall be deprived of the use of said premises by reason of
such damage and the repair thereof.
If said demised premises, without the fault of the Tenant, shall be
slightly damaged by fire or other casualty, but not so as to render the same
untenantable, the Landlord, after receiving notice in writing of the
occurrence of the damage, shall cause the same to be repaired with reasonable
promptness, but in such event there shall be no abatement of its rent.
If the fire or other casualty causing injury to the demised premises or
other parts of the building shall have been caused by the negligence or
misconduct of the Tenant, its agents, servants or employees, or of any other
person entering upon the premises under express or implied invitation of the
Tenant, such injury shall be repaired by the Landlord at the expense of the
Tenant, despite contrary provision, if any, appearing in this Lease.
In the case the building throughout be so injured or damaged, whether by
fire or otherwise (though said demised premises may not be affected) that the
Landlord within sixty (60) days after the happening of such injury, shall
decide to reconstruct, rebuild, or raze said building, then upon thirty (30)
days notice in writing to that effect given by the Landlord to the Tenant,
this Lease shall cease and terminate from the date of the occurrence of said
damage, and the Tenant shall pay the rent properly apportioned up to such
date, and both parties thereto shall be free and discharged of all further
obligations hereunder.
ACCEPTANCE OF PREMISES BY TENANT
18. The taking possession of said premises by the Tenant shall be
conclusive evidence as against the Tenant that said premises were in good and
satisfactory condition when possession of the same was taken.
AMENDMENT OR MODIFICATION
19. The Tenant acknowledges and agrees that it has not
relied upon any statements, representations, agreements or warranties,
except such as are expressed herein, and that no amendment or modification of
this Lease shall be valid or binding unless expressed in writing and executed
by the parties hereto in the same manner as the execution of this Lease.
PAYMENTS AFTER TERMINATION
20. No payments of money by the Tenant to the Landlord after the
termination of this Lease, in any manner, or after the giving of any notice
(other than a demand for the payment of money) by the Landlord to the Tenant,
shall reinstate, continue or extend the term of this Lease or affect any
notice given to the Tenant prior to the payment of such money, it being
agreed that after the service of notice or the commencement of a suit or
after final judgment granting the Landlord possession of said premises, the
Landlord may receive and collect any sums of rent due, or any other sums of
money due under the terms of this Lease, and the payment of such sums of
money, whether as rent or otherwise, shall not waive said notice, or in any
manner affect any pending suit or any judgment theretofore obtained.
HOLDING AFTER TERMINATION
21. It is mutually agreed that if, after the expiration of this Lease,
the Tenant shall remain in possession of said premises, without a written
agreement as to such holding, then such holding over shall be deemed and
taken to be a holding upon a tenancy from month to month at a monthly rental
equivalent to the last monthly payment hereinbefore provided for, payable in
advance on the same day of each month as above provided, all other terms and
conditions of this Lease remaining the same.
AVAILABILITY OF PREMISES AND ACCEPTANCE
22. That, if for any reason the said demised premises shall not be ready
or available for occupancy on the date specified herein, this Lease shall
nevertheless continue in full force and effect and the Tenant shall have no
right to rescind, cancel or terminate the same and the Landlord shall not be
liable for damages, if any, sustained by the said Tenant on account of
failure to obtain possession at the date specified for commencement of the
term herein. The Tenant acknowledges that he has examined the demised
premises and appurtenances, and the taking possession of said premises by the
Tenant shall be conclusive evidence as against the Tenant, that the said
premises and appurtenances were in good and satisfactory condition when
possession of the same were taken.
EMINENT DOMAIN
23. In the event the demised premises or any part thereof shall be taken
or condemned for public purposes by the proper authority, then and in that
event the rental shall be adjusted in a fair and appropriate manner depending
upon the portion of the demised premises so taken, otherwise insofar as the
remainder of the demised premises are concerned, the said Lease shall remain
in full force and effect at the option of the Landlord.
It is further agreed that in the event of condemnation proceedings, the
Tenant shall have no claims against the Landlord other than the adjustment of
rent as hereinabove mentioned or be entitled to any portion of any amount
that may be awarded as damages or paid as a result of said proceedings, or as
the result of of any agreement made with the Landlord.
It is further agreed that the reducing or increasing the width of or
otherwise changing the side walks adjoining the building of which the demised
premises are a part or the widening, narrowing, improving or changing of
streets or alleys adjacent to or around the building of which the demised
premises are a part, or the changing in parking regulations or prohibited
parking or anything else that shall in any manner effect vehicular traffic
shall in no way effect the within Lease or entitle the Tenant to any
reduction, rebate, allowance or any adjustment of rental or otherwise under
the within Lease.
SECURITY DEPOSIT
24. Concurrently with the execution hereof, Tenant has deposited with
the Landlord the sum of $2819.11, as security for the payment of rent
reserved herein and the performance of the covenants contained herein. In the
event that the Tenant shall fail to make the payment of rental when due or
shall fail to perform in accordance with the covenants and conditions herein
set forth, said sum shall be retained by the Landlord and applied towards
Landlord's damages as a result of Tenant's default. In the event that the
Tenant shall make all payments herein required and fully perform in accordance
with the terms and covenants herein contained, said sum shall be returned to
the Tenant without interest at the end of the term hereof.
RULES AND REGULATIONS
25. It is further agreed that the following rules and regulations shall
be and are hereby made a part of this Lease, and the Tenant agrees that its
employees and agents, or any others permitted by the Tenant to occupy or
enter said premises, will at all times abide by said rules and regulations
and that a default in the performance and observance thereof shall operate
the same as any other defaults herein:
(1) The sidewalks, entries, passages, stairways and elevators shall not
be obstructed by the Tenants, or its agents, or used by them for any purpose
other than ingress and egress to and from their offices.
(2) (a) Furniture, equipment or supplies shall be moved in or out of
the building only upon the elevator designated by the Landlord (if
the building is so equipped), and then only during such hours and in
such manner as may be prescribed by the Landlord.
(b) No safe or article, the weight of which may constitute a hazard
or danger to the building or its equipment shall be moved into the
premises.
(c) Safes and other equipment, the weight of which is not
excessive, shall be moved into, from or about the building only during
such hours and in such manner as shall be prescribed by the Landlord,
and the Landlord shall have the right to designate the location of
such articles in the space hereby demised.
(3) Signs, notices, advertisement, or other inscriptions shall not be
placed upon the transoms or upon any other part of the building except upon
the glass of the doors and windows opening from the halls into the demised
premises, and then only by such sign writers, and of such size, form and color,
as shall be first specified by the Landlord.
(4) The light through the transoms and glass partitions opening into the
halls and other parts of the building shall not be obstructed in any way by
the Tenant.
(5) Water closets and other water fixtures shall not be used for any
purpose other than that for which the same are intended, and any damage
resulting to the same from misuse on the part of the Tenant, its agents or
employees, shall be paid by the Tenant. No person shall waste water by tying
back or wedging the faucets, or in any other manner.
(6) No animals shall be allowed in the offices, halls, corridors and
elevators in the building.
(7) Bicycles or other vehicles shall not be permitted in the offices,
halls, corridors and elevators in the building, nor shall any obstruction of
sidewalks or entrances of the building by such be permitted.
(8) No person shall disturb the occupants of this or adjoining buildings
or premises by the use of any radio or musical instrument or by the making of
loud or improper noises.
(9) The Tenant shall not allow anything to be placed on the outside
window ledges of the building, nor shall anything be thrown by the Tenant, its
agents or employees, out of the windows or doors, or down the courts, elevator
shafts, or skylights of the building.
(10) No additional lock or locks shall be placed by the Tenant on any
door in the building unless written consent of the Landlord shall first have
been obtained. A reasonable number of keys to the demised premises and to the
toilet rooms will be furnished by the Landlord, and neither the Tenant, its
agent or employees, shall have any duplicate key made. At the termination of
this tenancy, the Tenant shall promptly return to the Landlord all keys to
offices, toilet rooms or vaults.
(11) If the Tenant desires telegraphic, telephonic or other electric
connections, Landlord or its agent will direct the electricians as to where
and how the wires may be introduced, and without such direction, no boring or
cutting of wires will be permitted. Any such installation and connection
shall be made at Tenant's expense.
(12) No awnings shall be placed over the windows except by the consent of
the Landlord.
(13) The Tenant, before closing and leaving the demised premises at any
time, shall see that all windows are closed in order to avoid possible
damage from fire, storm or freezing.
(14) The Tenant shall not install or operate any steam or gas engine or
boiler, or carry on any mechanical business, in the demised premises. The use
of oil, gas or inflammable liquids for heating, lighting or any other purpose
is expressly prohibited. Explosives or other articles deemed extra hazardous
shall not be brought into the building.
(15) Any painting or decoratings as may be agreed to be done by and at
the expense of the Landlord shall be done during regular working hours;
should the Tenant desire such work done on Sundays, holidays or outside of
regular working hours, the Tenant shall pay the extra cost thereof.
(16) The Tenant shall not xxxx upon, paint signs upon, cut, drill into,
drive nails or screws into, or in any way deface the walls, ceilings,
partitions or floors the demised premises or of the building, and any
defacement, damage or injury caused by the Tenant, its agent or employees,
shall be paid for by the Tenant.
(17) The Landlord shall at all times have the right, by its officers or
agents, to enter the demised premises to show the same to persons wishing to
lease them, and may at any time within fifteen days next preceding the
termination of this tenancy, place upon the doors and windows of the premises
the notice "For Rent", which said notice shall not be removed by the Tenant.
(18) The Landlord reserves the right to make such other and further
reasonable rules and regulations as in its judgment may from time to time be
needful and desirable for the safety, care and cleanliness of the premises
and for the preservation of good order therein.
SUBORDINATION
26. This Lease is subject and subordinate to all present mortgages or
Deeds of Trust effecting the real estate on which the building is located and
the building of which the leased premises form a part, and to all renewals or
extensions thereof, and to any mortgage or Deed of Trust which may hereafter
be executed affecting the same.
AMENDMENT OR MODIFICATION
27. Tenant acknowledges and agrees that he has not relied upon any
statements, representations, agreements or warranties, except such as are
expressed herein, and that no amendment or modification of this Lease shall
be valid or binding unless expressed in writing and executed by the parties
hereto in the same manner as the execution of this Lease.
SEVERABILITY
28. 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 it 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 be
added as a part of this Lease a clause or provision as similar in terms to
such illegal, invalid or unenforceable clause or provision as may be possible
and be legal, valid and enforceable.
GRAMMATICAL CHANGES AND PARAGRAPH HEADINGS
29. Whenever the word "Landlord" and "Tenant" are used herein, said
wording shall include "Landlords" and "Tenants" and shall apply to persons,
both men and women, companies, partnerships and corporations, and in reading
this Lease, the necessary grammatical changes required to make the provisions
alone mean and apply as aforesaid shall be made in the same manner as though
written into this Lease.
The paragraph headings are inserted herein only as a matter of
convenience and for reference, and in no way define, limit or describe the
scope or intent of this Lease, nor in any way affect this Lease.
WAIVER
30. No waiver of any breach of any one or more of the conditions or
covenants of this Lease by the Landlord shall be deemed to imply or
constitute a waiver or any succeeding or other breach hereunder.
SUCCESSORS AND ASSIGNS
31. All terms, conditions and covenants to be observed and performed by
the parties hereto shall be applicable to and binding upon their respective
heirs, administrators, successors, executors and assigns.
METHOD OF GIVING NOTICE
32. Whenever under this Lease, provision is made for notice of any
kind, it shall be deemed a sufficient notice and service thereof if the said
notice to the Tenant is in writing and addressed to the last known business
address of the Tenant or addressed to the demised premises and deposited in
the mail; and the notice to the Landlord shall be deemed sufficient notice
and service thereof if the said notice is in writing addressed to the
Landlord's last known business address and deposited in the mail.
Notices may be sent to only one Tenant or Landlord where the Tenant
or Landlord consists of more than one person.
EXHIBIT A ATTACHED: FORMS A PART OF THIS LEASE
Exhibit B Attached: Forms a part of this lease
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written.
FERNAL INC /s/ XXXXXXX X. XXXXX
----------------------------------- ----------------------------------
/s/ Xx Xxxxxxxxxxx President &
----------------------------------- ----------------------------------
/s/ Xxxxxxx X. Xxxxx
----------------------------------- ----------------------------------
President P.R.O. INC.
----------------------------------- ----------------------------------
Landlord Tenant
GUARANTY
FOR VALUE RECEIVED, and in consideration of the giving of the within
lease, the undersigned guarantees to the Landlord, its successors and
assigns, the full performance and observance of all the covenants,
conditions and agreements therein provided to be performed and observed by
the Tenant, without requiring any notice of nonpayment, nonperformance or
nonobservance, or proof of notice or demand whereby to charge the undersigned
therefor, nor shall failure of the Landlord to enforce its right against the
Tenant or concessions made by the Landlord to the Tenant affect the liability
hereunder.
Dated Denver, Colorado, ____________________________, 19___.
--------------------------------
Guarantor
THIS IS EXHIBIT A AND FORMS A PART OF THAT LEASE DATED MAY 1, 1997 FERNAL
INC. LANDLORD XXXXXXX X. XXXXX AND PROFORMANCE RESEARCH ORGANIZATION
1. Tenant will do his own janitorial work by vacuuming the carpets once per
week including the elevator hallway plus washing the windows inside and
outside as required. In addition he will furnish the paper products for
the so called rest rooms.
2. Refrigerated air is on as required from 8 AM to 5 PM Mondays through
Fridays. Saturdays and Sundays there will be an additional charge
[$26.00 per hr. MINIMUM 4 HOURS]
3. Roller chairs require carpet protectors.
4. This is a no smoking building.
5. Tenant will furnish proper legal liability as required.
6. Strict rules regarding security must be adhered to.
7. Rent is due the 1st of the month. If not paid there is a penalty of 10%
due and payable immediately.
8. Reference is made to that certain lease dated December 29-1995 between
Fernal Inc. & Xxxxxxx X. Xxxxx and expired April 30-97
There is an amount due including a verbal contract and commitment of
space on the ground floor. Such deficit on that lease must be
completely paid by JUNE 15, 1997, including penalties and interest due.
9. Rents due prior to June 15, 1997 will be (with Security Deposit) due
June 15, 1997 totaling $7,837.11.
EXHIBIT B
This Exhibit B is to become part of a Lease Agreement between Fernal, Inc.
and PROformance research Organization, Inc. (PRO).
The following improvements to be made at 0000 Xxxx 00xx Xxxxxx, Xxxxxx,
Xxxxxxxx 00000. Improvements must have written prior estimates and
authorization must be granted with Fernal, Inc. Signature. Such
authorization will not be unreasonably upheld. All costs of such
improvements will be absorbed by PRO and deducted from all rents due, 50% at
the time of Improvement, and 50% from the last months. Such improvements
will include:
1) replace carpeting in Suite 200 with like kind carpet in Suite 206,
repair and/or replace ceiling tiles and light fixtures where necessary,
finish all office additions, build out (inner storage room as previously
discussed) and paint said offices.
2) Refurbish 2nd floor restroom (floor and counter tile, plumbing
fixtures, towel dispensers and paint).
3) replace lobby carpet on ground floor and parking level, reasonable
outside landscaping improvements (labor supplied by PRO)
MACH 1
------ 4-20-98
2nd Yr. Monthly Rent, Includes 6% Increase $2,379.00
Monthly 10% Late Charge 237.90
Electricity 135.00
Trash 23.00
---------
Monthly Charge When Late, Total $2,774.90
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Rent Due
97 November $ 2,774.90
97 December 2,774.90 Rent Paid
98 January 2,774.90
98 February 2,774.90 98 March 27 $4,758.00
98 March 2,774.90
98 April 2,774.90 98 April 14 2,379.00
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$16,649.40 Paid in 98 $7,137.00
Rent Due $16,649.40
Rent Paid 7,137.00
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Balance Owed Through April $ 9,512.40
