LEASE AGREEMENT
THIS LEASE, made the 21st day of January 2003, by between CMJR
INVESTMENTS, INC., hereinafter called Lessor, and PETROL OIL AND GAS, INC.,
hereinafter called Lessee.
1. Property and Term. Lessor hereby rents to Lessee and Lessee hereby
rents from Lessor the premises ("Premises") described as follows, to-wit:
Lot Twelve (12), in Block One (1), of Kent's Addition to the City of
Waverly, LESS the following tract:
Beginning at the Southwest corner of said Lot Twelve (12), in Block One
(1), of Kent's Addition, thence East along the South line of said Lot
Twelve (12) a distance of 34.95 feet; thence North 25.15 feet to a point
on the North line of said Lot Twelve (12); thence West along the North
line of Lot Twelve (12) a distance of 35.00 feet to the Northwest corner
of Lot Twelve (12); thence South 25.15 feet to the point of beginning,
all being in Kent's Addition to the City of Waverly, Xxxxxx County,
Kansas.
The term of this lease shall be for one (1) year for a term beginning January
23, 2003, and ending January 23, 2004.
2. Rent. Rent shall be $300.00 per month, due and payable on the 24th
day of each month. The first and last month's rent shall be paid in advance,
the receipt of which is hereby acknowledged. If rent is not paid within three
(3) days after the due date, Lessee will be charged and pay a late charge of
$20.00. Such late charge provision shall not be construed as a grace period,
and Lessor may declare default if rent is not paid on or before the due date.
All persons signing this Agreement as Lessee shall be jointly and severally
liable for rent due under this agreement and performance hereof.
3. Care of Premises. Lessee shall keep premises in good repair, clean
and free of fire hazards and shall return same in as good condition as
received, reasonable wear and use excepted. Lessee agrees to take care of and
pay for
any and all minor repairs to the premises and the Lessor agrees to take care
of and pay for any and all major repairs to the premises. Lessee agrees to
hold Lessor harmless for any liability arising form injury to person or
property caused by any act or omission of Lessee, their family, guests,
servants, assignees or sublessees. The parties acknowledge that there is a
microwave, stove, refrigerator, and shelves that belong to Lessor but Lessee
is allowed the use of the same during their occupancy.
4. Use of Premises. Lessee will not, without Lessor's written
consent, make any alterations in the premises and will not deface or permit
the defacing of premises.
5. Assigning or Subleasing. Lessee shall not assign, transfer or
encumber this Lease or any part thereof without written consent of Lessor and
shall not sublet or allow any other person to come in with or under Lessee
without like written consent. Consent of Lessor to any such assignment or
subletting, and acceptance of rent by Lessor from any assignee, underlessee
or occupant shall not release Lessee from the above obligations to pay rent
hereunder and to comply with the other terms and conditions of this Lease. No
collection of rent from an assignee, sublessee or occupant shall be deemed an
acceptance of that person as Lessee, unless acceptance is made in writing by
Lessor.
6. Utilities. Lessee shall furnish and pay for all trash collection,
electricity, gas, water, fuel and other utility services used in or assessed
against the leased premises.
7. Taxes and Insurance. Lessor will pay for the real estate taxes on
the premises. The Lessor shall continuously maintain fire and extended
coverage insurance on the premises. The Lessee shall obtain insurance to
cover its personal property contents in the building and shall also
continuously maintain liability insurance on the building. The Lessor shall
under no circumstances be responsible or held liable for any accident or
injuries occurring on or about the leased premises.
8. Waiver. Waiver by Lessor or any default or breach, including
failure to pay rent on or before the date due, shall not be construed to be a
continuing waiver of such default or breach, nor as a waiver or permission,
express or implied, of any other subsequent default or breach.
9. Lessor's Right to Entry. Lessor or his agents shall have the right to
enter
the premises at reasonable hours after reasonable notice to Lessee for
inspection or repairs or to show the premises to prospective lessees or
buyers. Lessor may enter the premises without consent of Lessee in case of an
extreme hazard involving a potential loss of life or severe property damage.
10. Termination. Lessor may terminate this Lease upon thirty days' notice
in
writing prior to the next rent payment date to the Lessee, and provided, that
Lessor shall have the right to terminate this Lease pursuant to the Lessor-
Lessee Act aforesaid if Lessee fails to pay rent on or before the date due or
otherwise fails to perform the covenants contained herein.
11. Default. On default or material breach of this Agreement, Lessor shall
have the right to exercise all remedies permitted under Kansas law.
12. Entire Agreement. This Agreement, including the provisions of said Act,
where not otherwise provided for or permitted herein, constitutes the entire
agreement between the parties. Any agreement hereafter made shall be
ineffective to change, modify or alter this Agreement unless in writing and
signed by Lessor and Lessee.
13. Notice of Extended Absence. Lessee most notify the Lessor of any
anticipated absence in excess of seven consecutive days by the first day of
such absence.
14. Kansas Lessor-Lessee Act Applicable. The provisions of the Kansas
Residential Lessor-Lessee Act govern this Agreement where not otherwise
provided for or permitted herein. If any provisions hereof shall be
inconsistent with said Act, the provisions of said Act shall govern.
NOTICE TO LESSEE: THIS LEASE IS A LEGALLY BINDING DOCUMENT AND YOU
SHOULD SEEK LEGAL ASSISTANCE BEFORE SIGNING IF YOU HAVE QUESTIONS.
IN WITNESS WHEREOF, the parties hereunto set their hands the day and
year first above written.
CMJR INVESTMNETS, INC. PETROL OIL AND GAS, INC.
By:
(LESSOR) (LESSEE)
