EXHIBIT NO. 10
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "lease") is made and entered into as of this 25th
day of July, 2000, by and between Scenic Properties, Inc., a Missouri
corporation (hereinafter "Lessor"), AND sound and Lighting Specialists, Inc., a
Missouri corporation, Xxxx Xxxx, and Xxxxxxx Xxxxxx (hereinafter collectively,
the "Lessee"), for the rental of that real property commonly known as 0000-X
Xxxxx Xxxxxx, Xxxx xx Xxxxxxxxxxx, Xxxxxx of Xxxxxx, Missouri (hereinafter the
"Property").
NOW, THEREFORE, for good and valuable consideration, the parties hereby
expressly acknowledge the receipt and sufficiency of which hereto and
specifically for the convenience of Lessee, the parties hereto agree as follows:
1. TERM. Lessor hereby leases, and Lessee hereby accepts, the Property
for a term commencing on the 1st day of September, 2000, and continuing
thereafter until August 31, 2001.
2. RENTAL. Rental for the Property shall be Two Thousand Six Hundred
Fifty Dollars and No Cents ($2,650.00) per month, which shall be remitted to
Lessor on or before the 1st day of each month during the term hereof at the
address listed below.
3. SECURITY DEPOSIT. Lessee shall remit and deposit with Lessor the
sum of $2,650.00 as a security deposit for Lessee's faithful performance of the
terms and conditions hereof. Such deposit shall be refunded by Lessor at the
termination of this Lease in accordance with applicable law as long as Lessee
has fully and faithfully complied with all of the terms and conditions hereof.
In the event Lessee has breached any term or condition hereof, Lessor shall, in
addition to all other legal remedies, be entitled to retain all or a portion of
the security deposit in order to remedy and otherwise mitigate Lessee's act(s)
of default and/or damage to the property.
4. USE OF PROPERTY. Lessee covenants and agrees that the Property
shall be used and occupied solely as a commercial premises involved in the sale
and service of sound and lighting equipment, and shall not be used for any other
purpose or for any other individuals or entities whatsoever.
5. CONDITION OF PROPERTY. Lessee agrees that he has inspected the
Property prior to the execution of this Lease, and that the Property is in good
order, condition, and repair. Lessee agrees to maintain the Property in such
condition, and to repair the Property at Lessee's expense, throughout the term
hereof as to those items in need of repair. Lessee agrees to surrender the
Property at the termination or expiration of this Lease in the condition as of
the commencement of this Lease in the condition as of the commencement of this
Lease. Lessee specifically agrees to keep the Property free from all debris,
trash, filfth, and the like, and to not do or commit anything to create any
danger of fire or cause an increase in Lessor's insurance rates, or a
cancellation of such insurance.
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6. ALTERATIONS. Lessee agrees not to make any alterations or additions to
the Property during the term of this Lease without the prior written consent of
the Lessor.
7. THIS SECTION WAS DELETED BY THE PARTIES - - - - . DJJ RLN JMB
8. UTILITIES. During the term hereof, Lessee shall, at his expense,
furnish the Property with customary and reasonable utilities for gas, telephone,
electric, water, sewer service and trash service. Lessee shall not be liable or
responsible to Lessee, its invitees, guests, or licensees, for any disconnection
or termination of such services.
9. LIABILITY; INDEMNIFICATION. Lessor shall not be liable to or
responsible for Lessee for any damage, injury, or loss to Lessee, its employees,
guests, invitees, agents, or licensees arising out of any condition on the
Property, including environmental matters, or action of Lessor, or for any
damage or theft to Lessee's personal property located on the Property, and
Lessee expressly agrees to indemnify, save, defend, and hold Lessor harmless
from any and all such liability and damages, including, without limitation,
reasonable attorneys' fees.
10. DESTRUCTION OF PROPERTY; CONDEMNATION. If, during the term hereof,
the Property is rendered partially or wholly untenantable by fire or other
casualty, then either party hereto may, at its options, terminate this Lease, in
which case, all obligations and responsibilities of Lessor and Lessee hereunder
shall cease, and Lessor shall be entitled to receive all insurance proceeds
therefrom. If, during the term hereof, the Property is wholly or partially
condemned by any governmental authority with proper jurisdiction, then Lessor
may, at his option, terminate this Lease, and shall be entitled to receive all
proceeds resulting therefrom.
11. DEFAULT. If Lessee defaults in the performance of or compliance with
any covenants or agreements of this Lease, then Lessor shall, without notice or
demand, be entitled to exercise any remedy afforded to him by law, including,
without limitation, taking immediate possession of the Property, in which case
Lesee shall immediately quit and surrender the same to Lessor, terminating this
Lease an reletting the Property, institute a civil action for ejectment of
Lessee, together with any damages arising therefrom. In the event of such
default, Lessee shall reimburse Lessor for any and all expenses arising
therefrom, including, without limitation, reasonable attorneys' fees.
12. HOLDOVER. In the event Lessee holds over and occupies the Property
after Lessor has terminated this Lease, or its has expired according to its
terms, then in addition to all other remedies afforded to Lessor, Lessee
covenants and agrees to pay Lessor two-times the fair market rental value of the
Property, which value the parties agree to be the monthly renatl rate set forth
above.
13. NOTICES. Any notice required hereunder shall be sufficient if hand-
delivered to the Lessee at the Property, and to the Lessor at the address listed
below.
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14. SEVERABILITY. in the event any provision hereof is declared invalid,
illegal, or unenforceable in any respect, then the remaining provisions hereof
shall be deemed unaffected and shall remain in full force and effect
notwithstanding such invalidity, illegality, or unenforceability.
15. CHOICE OF LAW. This Lease shall be interpreted under and performed in
accordance with the laws of the state of Missouri.
16. INTEGRATION; AMENDMENT. This Lease constitutes the sole agreement of
the parties hereto, and replaces all other written and oral understandings and
agreement, and may be amended only in written form executed by both Lessor and
Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date
and year first above written.
LESSOR:
Scenic Properties Inc., a Missouri corporation
/s/ Xxxxx X. Xxxxxxx
----------------------
By: Xxxxx X. Xxxxxxx
Address: 0000 Xxxxx Xxxx Xxxx
Xxxxxxxxxxx, Xxxxxxxx 00000
LESSEES:
Sound and Lighting Specialists, Inc., a Missouri corporation
/s/ Xxxx X. Xxxx
-----------------
By: President
/s/ Xxxx X. Xxxx
----------------
Xxxx X. Xxxx
/s/ Xxxxxxx X. Xxxxxx
---------------------
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STATE OF MISSOURI )
) ss.
COUNTY OF XXXXXX )
On this 25th day of July, in the year 2000, before me, the undersigned, a
Notary Public in and for said state, personally appeared Xxxxx X. Xxxxxxx,
known to me to be the person who executed the within Lease Agreement and
acknowledged to me that she executed the same for the purposes therein stated.
(SEAL)
/s/ Xxxxx X. Xxxxxxxxx
----------------------
Notary Public
My Commission Expires: Xxxxx X. Xxxxxxxxx Notary Public
Xxxxxx County State of Missouri
My Commission Expires Nov. 6, 2001
STATE OF MISSOURI )
) ss.
COUNTY OF XXXXXX )
On this 25th day of July, in the year 2000, before me, the undersigned, a
Notary Public in and for said state, personally appeared Xxxx Xxxx, known to me
to be the person who executed the within Lease Agreement and acknowledged to me
that she executed the same for the purposes therein stated.
(SEAL)
/s/ Xxxxx X. Xxxxxxxxx
----------------------
Notary Public
My Commission Expires: Xxxxx X. Xxxxxxxxx Notary Public
Xxxxxx County State of Missouri
My Commission Expires Nov. 6, 2001
STATE OF MISSOURI )
) ss.
COUNTY OF XXXXXX )
On this 25th day of July, in the year 2000, before me, the undersigned, a
Notary Public in and for said state, personally appeared Xxxxxxx Xxxxxx, known
to me to be the person who executed the within Lease Agreement and acknowledged
to me that she executed the same for the purposes therein stated.
(SEAL)
/s/ Xxxxx X. Xxxxxxxxx
----------------------
Notary Public
My Commission Expires: Xxxxx X. Xxxxxxxxx Notary Public
Xxxxxx County State of Missouri
My Commission Expires Nov. 6, 2001
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