EXHIBIT 10.9
Form A140 Commercial Lease
COMMERCIAL LEASE
This lease is made between XXXXX X. XXXXXX, 0000 XXXXX XXXX, XXXXX,
XXXXXXXXX 00000, herein called Lessor, and UNITED WELLHEAD SERVICES INC., 000
XXXXX XXXXX XXXXXXXX XXXXX 000, XXXXXX XXXXXXX, XXXXX 00000, herein called
Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the
XXXXXX COMMUNITY, County of LAFAYETTE, State of LOUISIANA, described as 000 XXXX
XXXX, XXXXX, XXXXXXXXX 00000, upon the following TERMS and CONDITIONS.
1. TERM AND RENT. Lessor demises the above premises for a term of ONE (1) years,
commencing APRIL 15, 1997 and terminating on APRIL 15, 1998 or sooner as
provided herein at monthly rental of ONE THOUSAND EIGHT HUNDRED FIFTY Dollars
($1,850.00), payable in advance on the 15th day of each month for that month's
rental, during the term of this lease. All rental payments shall be made to
Lessor, at the address specified above.
2. USE. Lessee shall use and occupy the premises for OILFIELD SERVICES. The
premises shall be used for no other purpose. Lessor represents that the premises
may lawfully be used for such purpose.
3. CARE AND MAINTENANCE OF PREMISES. Lessee acknowledges that the premises are
in good order and repair, unless otherwise indicated herein. Lessee shall, at
his own expense and at all times, maintain the premises in good and safe
condition, including plate glass, electrical wiring, plumbing and heating,
installations and any other system or equipment upon the premises and shall
surrender the same, at termination hereof, in as good condition as received,
normal wear and tear excepted. Lessee shall be responsible for all repairs
required, excepting the roof, exterior walls, structural foundations, and:
, which shall be maintained by Lessor. Lessee shall also maintain
in good condition such portions adjacent to the premises, such as sidewalks,
driveways, laws and shrubbery, which would otherwise be required to be
maintained by Lessor.
4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of
Lessor, make any alterations, additions, or improvements, in, to or about the
premises.
5. ORDINANCES AND STATUTES. Lessee shall comply with all statutes, ordinances
and requirements of all municipal, state and federal authorities now in force,
or which may hereafter be in force, pertaining to the premises, occasioned by or
affecting the use thereof by Lessee.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall
not be unreasonably withheld. Any such assignment or subletting without consent
shall be void and, at the option of the Lessor, may terminate this lease.
7. UTILITIES. All applications and connections for necessary utility services on
the demised premises shall be made in the name of Lessee only, and Lessee shall
be solely liable for utility charges as they become due, including those for
sewer, water, gas, electricity, and telephone services.
8. ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the
purpose of inspecting the same, and will permit Lessor at any time within sixty
(60) days prior to the expiration of this lease, to place upon the premises any
usual "To Let" or "For Lease" signs, and permit persons desiring to lease
the same to inspect the premises thereafter.
9. POSSESSION. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby,
nor shall this lease be void or voidable, but Lessee shall not be liable for any
rent until possession is delivered. Lessee may terminate this lease if
possession is not delivered within N/A days of the commencement of the term
hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or
injury to Lessee, or any other person, or to any property, occurring on the
demised premises or any part thereof, and Lessee agrees to hold Lessor harmless
from any claims or damages, no matter how caused.
11. INSURANCE. Lessee, at his expense, shall maintain plate glass and public
liability insurance including bodily injury and property damage insuring Lessee
and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as
additional insured. The Certificate shall provide for a ten-day written notice
to Lessor in the event of cancellation or material change of coverage. To the
maximum extent permitted by insurance policies which may be owned by Lessor or
Lessee, Lessee and Lessor, for the benefit of each other, waive any and all
rights of subrogation which might otherwise exist.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein,
or any other part of the building materially affecting Lessee's use of the
premises, shall be taken by eminent domain, this lease shall terminate on the
date when title vests pursuant to such taking. The rent, and any additional
rent, shall be apportioned as of the termination date, and any rent paid for any
period beyond that date shall be repaid to Lessee. Lessee shall not be entitled
to any part of the award for such taking or any payment in lieu thereof, but
Lessee may file a claim for any taking of fixtures and improvements owned by
Lessee, and for moving expenses.
13. DESTRUCTION OF PREMISES. In the event of a partial destruction of the
premises during the term hereof, from any cause, Lessor shall forthwith repair
the same, provided that such repairs can be made within sixty (60) days under
existing governmental laws and regulations, but such partial destruction shall
not terminate this lease, except that Lessee shall be entitled to a
proportionate reduction of rent while such repairs are being made, based upon
the extent to which the making of such repairs shall interfere with the business
of Lessee on the premises. If such repairs cannot be made within said sixty (60)
days, Lessor, at his option, may make the same within a reasonable time, this
lease continuing in effect with the rent proportionately abated as aforesaid,
and in the event that Lessor shall not elect to make such repairs which cannot
be made within sixty (60) days, this lease may be terminated at the option of
either party. In the event that the building in which the demised premises may
be situated is destroyed to an extent of not less than one-third of the
replacement costs thereof, Lessor may elect to terminate this lease whether the
demised premises be injured or not. A total destruction of the building in which
the premises may be situated shall terminate this lease.
14. LESSOR'S REMEDIES ON DEFAULT. If Lessee defaults in the payment of rent, or
any additional rent, or defaults in the performance of any of the other
covenants or conditions hereof, Lessor may give Lessee notice of such default
and if Lessee does not cure any such default within 60 days, after the giving of
such notice (or if such other default is of such nature that it cannot be
completely cured within such period, if Lessee does not commence such curing
within such 60 days and thereafter proceed with reasonable diligence and in good
faith to cure such default), then Lessor may terminate this lease on not less
than 60 days' notice to Lessee. On the date specified in such notice the term of
this lease shall terminate, and Lessee shall then quit and surrender the
premises to Lessor, but Lessee shall remain liable as hereinafter provided. If
this lease shall have been so terminated by Lessor, Lessor may at any time
thereafter resume possession of the premises by any lawful means and remove
Lessee or other occupants and their effects. No failure to enforce any term
shall be deemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this
lease the sum of
Dollars ($ N/A) as security for the performance of Lessee's
obligations under this lease, including without limitation the surrender of
possession of the premises to Lessor as herein provided. If Lessor applies any
part of the deposit to cure any default of Lessee, Lessee shall on demand
deposit with Lessor the amount so applied so that Lessor shall have the full
deposit on hand and at all times during the term of this lease.
16. TAX INCREASE. In the event there is any increase during any year of the term
of this lease in the City, County or State real estate taxes over and above the
amount of such taxes assessed for the tax year during which the term of this
lease commences, whether because of increased rate or valuation, Lessee shall
pay to Lessor upon presentation of paid tax bills an amount equal to 100% of the
increase in taxes upon the land and building in which the leased premises are
situated. In the event that such taxes are assessed for a tax year extending
beyond the term of the lease, the obligation of Lessee shall be proportionate to
the portion of the lease term included in such year.
17. COMMON AREA EXPENSES. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas,
Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for
the common area.
18. ATTORNEY'S FEES. In case suit should be brought for recovery of the
premises, or for any sum due hereunder, or because of any act, which may arise
out of the possession of the premises, by either party, the prevailing party
shall be entitled to all costs incurred in connection with such action,
including a reasonable attorney's fee.
19. NOTICES. Any notice which either party may or is required to give, shall be
given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor
at the address shown below, or at such other places as may be designated by the
parties from time to time.
20. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the
benefit of the heirs, assigns, and successors in interest to the parties.
21. OPTION TO RENEW. Provided that Lessee is not in default in the performance
of this lease, Lessee shall have the option to renew the lease for an additional
term of 12 months commencing at the expiration of the initial lease term. All of
the terms and conditions of the lease shall apply during the renewal term except
that the monthly rent shall be the sum of $ N/A. The option shall be exercised
by written notice given to Lessor not less than days prior to the expiration
of the initial lease term. If notice is not given in the manner provided herein
within the time specified, this option shall expire.
22. SUBORDINATION. This lease is and shall be subordinated to all existing and
future liens and encumbrances against the property.
23. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties. The
following Exhibits, if any, have been made a part of this lease before the
parties' execution hereof:
Signed this 8th day of APRIL, 1997.
By /s/ XX XXXXXX By /s/
Lessee Lessor
AMORTIZATION SCHEDULE
PREPARED FOR: XXXXXXXX PRINCIPAL: 143,920.00
INTEREST: 8.5000
NAME/LOAN #: NO. PAYMENTS: 120
PAYMENT AMT.: 1,918.93
The information herein is believed to be accurate but no warranty thereof
is expressed nor should be implied.
PMNT. INTEREST INTEREST INTEREST PRINCIPAL LOAN DATE CHECK
NO. DUE DATE THIS YEAR TO DATE PAYMENT PAYMENT BALANCE PAID NUMBER
--------- ----------- ---------- --------- --------- --------- ------------ ------ ------
1. 2/1/1995 1,019.43 1,019.43 899.50 143,020.50
2. 3/1/1995 2,032.49 1,013.06 905.87 142,114.63
3. 4/1/1995 3,039.14 1,006.65 912.28 141,202.35
4. 5/1/1995 4,039.32 1,000.18 918.75 140,283.60
5. 6/1/1995 5,033.00 993.68 925.25 139,358.35
6. 7/1/1995 6,020.12 987.12 931.81 138,426.54
7. 8/1/1995 7,000.64 980.52 938.41 137,488.13
8. 9/1/1995 7,974.51 973.87 945.06 136,543.07
9. 10/1/95 8,941.69 967.18 951.75 135,591.32
10. 11/1/1995 9,902.13 960.44 958.49 134,632.83
11. 12/1/1995 10,855.78 10,855.78 953.65 965.28 133,667.55
12. 1/1/1996 11,802.59 946.81 972.12 132,695.43
13. 2/1/1996 12,742.52 939.93 979.00 131,716.43
14. 3/1/1996 13,675.51 932.99 985.94 130,730.49
15. 4/1/1996 14,601.52 926.01 992.92 129,737.57
16. 5/1/1996 15,520.49 918.97 999.96 128,737.61
17. 6/1/1996 16,432.38 911.89 1,007.04 127,730.57
18. 7/1/1996 17,337.14 904.76 1,014.17 126,716.40
19. 8/1/1996 18,234.71 897.57 1,021.36 125,695.04
20. 9/1/1996 19,125.05 890.34 1,028.59 124,666.45
21. 10/1/1996 20,008.10 883.05 1,035.88 123,630.57
22. 11/1/1996 20,883.82 875.72 1,043.21 122,587.36
23. 12/1/1996 10,896.37 21,752.15 868.33 1,050.60 121,536.76
24. 1/1/1997 22,613.04 860.89 1,058.04 120,478.72
25. 2/1/1997 23,466.43 853.39 1,065.54 119,413.18
26. 3/1/1997 24,312.27 845.84 1,073.09 118,340.09
27. 4/1/1997 25,150.51 838.24 1,080.69 117,259.40
28. 5/1/1997 25,981.10 830.59 1,088.34 116,171.06
29. 6/1/1997 26,803.98 822.88 1,096.05 115,075.01
30. 7/1/1997 27,619.09 815.11 1,103.82 113,971.19
31. 8/1/1997 28,426.39 807.30 1,111.63 112,859.56
32. 9/1/1997 29,225.81 799.42 1,119.51 111,740.05
33. 10/1/1997 30,017.30 791.49 1,127.44 110,612.61
34. 11/1/1997 30,800.81 783.51 1,135.42 109,477.19
35. 12/1/1997 9,824.12 31,576.27 775.46 1,143.47 108,333.72
36. 1/1/1998 32,343.63 767.36 1,151.57 107,182.15
37. 2/1/1998 33,102.84 759.21 1,159.72 106,022.43
38. 3/1/1998 33,853.83 750.99 1,167.94 104,854.49
39. 4/1/1998 34,596.55 742.72 1,176.21 103,678.28
40. 5/1/1998 35,330.94 734.39 1,184.54 102,493.74
41. 6/1/1998 36,056.94 726.00 1,192.83 101,300.81
42. 7/1/1998 36,774.49 717.55 1,201.38 100,099.43
43. 8/1/1998 37,483.53 709.04 1,209.89 98,889.54
44. 9/1/1998 38,184.00 700.47 1,218.46 97,671.08
45. 10/1/1998 38,875.84 691.84 1,227.09 96,443.99
46. 11/1/1998 39,558.98 683.14 1,235.79 95,208.20
47. 12/1/1998 8,657.10 40,233.37 674.39 1,244.54 93,963.66
48. 1/1/1999 40,898.95 665.58 1,253.35 92,710.31
49. 2/1/1999 41,555.65 656.70 1,262.23 91,448.08
50. 3/1/1999 42,203.41 647.76 1,271.17 90,176.91
51. 4/1/1999 42,842.16 638.75 1,280.18 88,896.73
52. 5/1/1999 43,471.85 629.69 1,289.24 87,607.49
53. 6/1/1999 44,092.40 620.55 1,298.38 86,309.11
54. 7/1/1999 44,703.76 611.36 1,307.57 85,001.54
55. 8/1/1999 45,305.85 602.09 1,316.84 83,684.70
56. 9/1/1999 45,898.62 592.77 1,326.16 82,358.54
57. 10/1/1999 46,481.99 583.37 1,335.56 81,022.98
58. 11/1/1999 47,055.90 573.91 1,345.02 79,677.96
59. 12/1/1999 7,386.92 47,620.29 564.39 79,677.96 .00
LAST PAYMENT 80,242.35
