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Exhibit 10.2.14
REVOCABLE LICENSE AGREEMENT
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THIS REVOCABLE LICENSE AGREEMENT ("Agreement"), made and entered into
this 6th day of July, 2001, by and between WAL-MART STORES EAST, INC.
("Licensor"), with an address of Xxx Xxxxxx Development Complex, Dept. 9453,
0000 X.X. 00xx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxx 00000-0000, Attn: Asset
Management, and D.I.Y. HOME WAREHOUSE, INC., ("Licensee"), with an address of
0000 Xxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000.
WITNESSETH
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WHEREAS, Licensor holds a leasehold interest in that property known as
Wal-Mart Vacant Store #v6305 located at 00000 Xxxxxxx Xxxx, Xxxxx Xxxx Xxxx
("Premises"), and
WHEREAS, Licensee under this Agreement proposes to remove fixtures at
the facility known as Wal-Mart Vacant Store #6305, and
WHEREAS, Licensor and Licensee now desire to enter into an agreement
whereby such fixture removal shall be conducted by Licensee at the facility
known as Wal-Mart Vacant Store #V6305 ("Store #V6305") under such terms and
conditions as are hereinafter more particularly set forth.
NOW, THEREFORE, in consideration of the mutual promises herein
contained, the parties hereto do hereby agree as follows:
1. The Licensee is given permission to occupy the Premises for the purpose of
removing tenant fixtures and for no other reason. Should the Premises be
used for another purpose, Licensor can revoke and terminate this Agreement
immediately and Licensee shall vacate and surrender the Premises to
Licensor immediately upon notification. Licensee shall secure, at its sole
cost and expense, all licenses and/or permits necessary to operate on the
Premises. Licensee agrees hereby to comply with all applicable laws, rules,
codes and/or other regulation governing such operation; obtain any and all
necessary consents or approvals; and to display same as required by any
law, rule, code, or regulation of any administrative or regulatory body,
city, county, state, or federal agency, or other such body. Any fee, fine,
cost, levy, or other such charge resulting from the failure of Licensee to
obtain and/or display any such item shall be the sole responsibility of
Licensee. Licensor makes no representation as to the availability of
permits, and Licensor shall have no liability to Licensee in the event
Licensee is unable for any reason to obtain permits. Further, in the event
Licensee is unable for any reason to obtain all licenses and/or permits
necessary to operate on the Premises, Licensor can revoke and terminate
this Agreement immediately and Licensee shall vacate the Premises
immediately upon notification.
2. The term of the Agreement shall begin on July 1, 2001, and end on August 1,
2001, ("Term") unless terminated earlier as herein provided.
3. In consideration of the privilege granted and concede by the Licensor,
Licensee shall pay as rent to Licensor the sum of $ NO CHARGE, in advance,
upon execution and delivery hereof. Licensee shall also pay to Licensor
the sum of $ NO CHARGE, in advance, as a security deposit.
4. Licensee shall pay during the Term hereof all electrical, water, gas, and
other public or private utility charges in connection with its occupancy
and use of the Premises, including all costs of operating and maintaining
all equipment therein, all business licenses, and similar permit fees.
Effective July 1, 2001, through the end of the Term, Licensee shall pay
directly to the applicable public utilities the cost of all utility
services furnished to the Premises. Licensee shall deliver to Licensor
within 10 days of July 1, 2001, evidence that the utility companies have
been notified to xxxx Licensee directly for all services to the Premises.
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License Agreement
Wal-Mart Vacant Store #V6305
5. Licensee hereby agrees and covenants that the Premises will be kept clean
at all times, free of any trash or debris. If Licensee shall fail to
maintain the premises in a clean manner, Licensor shall have the right to
clean the Premises after five (5) days written notice to Licensee. Licensor
shall then be permitted to xxxx Licensee for all costs incurred and to add a
15% administrative fee to such costs. Licensee shall pay such invoice within
five (5) days of its receipt or this Agreement shall immediately terminate.
6. Licensee hereby agrees and covenants that said work will not create
excessive noise and that should complaints arise due to excessive noise,
Licensee shall eliminate the source of such excessive noise. If Licensee
fails to cure within twenty-four (24) hours of notification, Licensor can
revoke and terminate this Agreement immediately and Licensee shall vacate
and surrender the Premises to Licensor immediately upon notification.
7. Should damage occur to the Premises due to the use of stakes, hanging or a
sign or signs, or other means, Licensor shall be permitted to xxxx Licensee
for all costs incurred to repair such damage and to add a 15% administrative
fee to such costs. Licensee shall pay such invoice within five (5) days of
its receipt or this Agreement shall immediately terminate and Licensee shall
vacate and surrender the Premises to Licensor immediately. Licensee hereby
agrees and covenants that it will remove all property and clean the Premises
at Licensee's sole expense and that Licensor shall not be required to do any
work whatsoever. Licensee will contact Xxxxx Xxxxxx, Manager of Sam's
Operating Store #6305 located at 00000 Xxxxx Xxxx Xxxx, Xxxxxxxx, XX (216)
265-0012, for a walk-thru and return of key upon vacating the Premises.
8. Licensee hereby agrees and covenants that Licensee at all times will
indemnify and save, protect, defend and hold harmless the Licensor and the
Premises of, from, and against any and all liability, including
environmental liability, cost, damage, expense, including reasonable
attorney's fees and costs, and fines whatsoever which may arise or be
claimed against the Licensor or the Premises by any person or persons for
any loss, injury, damage or death to any person or property whatsoever
arising from or out of the business, operations, use or occupancy of the
Premises by Licensee, the Licensee's agents, employees or servants or
arising from or in connection with any other act or omission of Licensee.
9. All property belonging to Licensee, employees, agents, or invitees of
Licensee, or any occupant of the Premises, shall be at the risk of Licensee
or other person only, and Licensor shall not be liable to damage thereto or
theft or misappropriation thereof, provided, however, that should Licensee
fail to remove such property, pursuant to Paragraph 8 above such property
shall be disposed of by Licensor without obligation to Licensee.
10. Licensee will carry and keep in force, at its own expense, Comprehensive
General Liability insurance with companies licensed to do business in this
State, in an amount not less than $2,000,000 single limited personal injury
and property damage; and $2,000,000 combined personal injury and property
damage. All policies of insurance shall be considered primary of any
existing, similar insurance carried by Licensor. Licensee shall furnish
Licensor with a Certificate of Insurance showing Licensor as additional
insured. To the maximum extent permitted by insurance policies that may be
owned by Licensor or Licensee, Licensee or Licensor and their respective
insureds, for the benefit of each other, waive any and all rights of
subrogation that might otherwise exist.
11. Licensor hereby reserves the right during the Term hereof, for itself or
its duly authorized agents or representatives, to enter upon the Premises
for the purpose of inspecting the same or for any other purpose for which
Licensor may be required to go on the Premises under this Agreement.
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License Agreement
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12. Notwithstanding anything contained herein to the contrary, Licensor or
Licensee may revoke and terminate this Revocable License Agreement for any
reason with thirty (30) days written notice to the other by Certified Mail,
Federal Express, or overnight delivery, and Licensee shall vacate and
surrender the Premises to Licensor at the end of the thirty (30) day
period.
IN WITNESS WHEREOF, the respective parties hereto have caused this
Agreement to be duly executed as of the date herein written above.
LICENSEE LICENSOR
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D.I.Y. HOME WAREHOUSE WAL-MART STORES EAST, INC.
BY: /s/ R. Xxxxx Xxxxx By: /s/ J. Xxxxx Xxxxxx
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NAME: R. XXXXX XXXXX J. XXXXX XXXXXX
------------------ DIRECTOR OF BUILDING DEVELOPMENT
TITLE: V.P. OPERATIONS
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