ADDENDUM TO LEASE
This addendum is to that certain lease dated June 23, 1989 by and between Xxx
Xxxx, Xx. as his sole and separate property and estate, as lessor; and Xxxxxx'x
Incorporated, a New Mexico Corporation, hereinafter designated as lessee, and
shall be effective as of January 1, 1992.
1. Paragraph I. Term and Rentals.
The term is hereby extended from [Confidential treatment requested]. This
extended term is granted by lessor in consideration of the extensive remodeling
and additions being constructed at the lease site during 1992 by lessee.
Paragraph I. Subparagraph (A)
In consideration or lessees expenditures to improve petroleum sales by adding
more gasoline pumps, a new island, all new fiberglass piping, a new driveway,
and a new lighted canopy, lessor agrees to change the rent from [Confidential
treatment requested] to the following:
A. [Confidential treatment requested] other than gasoline will
remain unchanged.
B. Gasoline sales will have rent paid as follows:
[Confidential treatment requested]
Paragraph XIII. Purchase of Gasoline and Oil Products to be Sold:
Lessor acknowledges lessor owns control of X.X. Xxxxx Oil Co. and agrees that
X.X. Xxxxx Co. will modify the rack price now in place to be as follows: El Paso
Chevron rack price [Confidential treatment requested]. It is understood that
freight will be added to rack price at the prevailing common carrier S.C.C. or
I.C.C. rate tariffs.
Both parties agree that this addendum becomes effective January 1, 1992, even
though it is to be executed at a later date in 1992.
WITNESS OUR HANDS this 8th day of June A.D. 1992
LESSOR:
/s/ Xxx Xxxx, Xx.
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XXX XXXX, XX.
LESSEE
ATTEST:
/s/ Xxxxxxx X. XxXxxx By: /s/ Signature illegible
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Asst. Secretary BOWLINS INCORPORATED
Executive Vice President
THE STATE OF NEW MEXICO )
COUNTY OF XXXXXXX )
BEFORE ME, the undersigned authority, on this day personally appeared,
XXX XXXX, XX., known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the
purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of June , A.D.
1992.
/s/ Signature illegible
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Notary Public
My Commission Expires:
10/29/92
---------------------
THE STATE OF NEW MEXICO )
COUNTY OF BERNALILLO )
BEFORE ME, the undersigned authority, on this day personally appeared
X.X. Xxxx, Executive Vice President, of Xxxxxx'x, Incorporated, a New Mexico
corporation, known to me personally and officially to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the Purposes and consideration therein expressed, as the
act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of June , A.D.
1992.
/s/ Signature illegible
-----------------------
Notary Public
My Commission expires:
10/29/92
---------------------
THE STATE OF NEW MEXICO
COUNTY OF XXXXXXX
LEASE AGREEMENT
This LEASE AGREEMENT entered into by and between XXX XXXX, XX. as his sole and
separate property and estate, as Lessor; and XXXXXX'X INCORPORATED, a New Mexico
corporation, hereinafter designated as Lessee-, shall be effective as of January
1, 1993.
WITNESSETH:
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I.
TERM AND RENTALS: This Lease becomes effective immediately upon the
'expiration of that certain Lease dated December 30, 1977 signed by then Lessor
(Predecessors in interest namely Xxxx Xxxx Xxxx, Xxx Xxxx Xx. and Xxxxxxx Xxxxxx
Xxxx) and Lessee on the demised premises from January 1, 1978 to December 31,
1992. Lessor for and in consideration of the covenants and agreements herein
mentioned to be kept and performed by Lessee and its successors in interest, has
demised and leased to said Lessee that certain tract of land in Grant County,
New Mexico, located in the area described as follows:
A tract of land in the NW 1/4 SE 1/4, Section 19, T 24 S, R 15 W,
N.M.P.M., Grant County, New Mexico, described as follows:
Beginning at the Southeast corner, whence the Southeast corner of said
Section 19, bears S 53 degrees 43' 30" E, 2602, 41 ft. dist.; thence N
55 degrees 01' W, 253.58 ft. to the Southwest corner; thence N 34
degrees 59' E, 357.58 ft. to the Northwest corner, a point on the
South line of Interstate 00 Xxxxxxxx Xxxx Right-of-way; thence
Easterly, along the South line of said right-of-way on an 11,559.20
ft. radius curve to the left, 253.91 ft. to the Northeast corner;
thence S 34 degrees 59' W, 345.03 ft. to the place of beginning,
containing 2.042 acres, more or less.
All as is more fully described in Exhibit "A" attached hereto.
TO HAVE AND TO HOLD the above described premises with the appurtenances
unto the said Lessee and its successors in interest, from the 1st day of
January, 1993 for, during and until the [Confidential treatment requested], with
the right of Lessee to cancel
this Lease with thirty (30) days' notice to Lessors at any time during its term.
If there are no significant sales as hereinafter set forth for six (6)
consecutive months, Lessor can cancel this Lease by giving thirty (30) days'
written notice of such intention to Lessee.
Lessee, in consideration of the Lease of the premises aforesaid by
Lessor to Lessee, does covenant and agree with the said Lessor his heirs,
executors, administrators and assigns, to pay Lessor as rent for the above
described premises as follows:
(A) [Confidential treatment requested] of all gross sales, payable on
tile 15th day of the month following the month wherein all of tile gross sales
have been reported, with no minimum of gross sales required, said gross sales
being the only rental to be paid under this Lease.
(B) Lessors shall have the right to audit the books during the regular
business hours is well as have access to New Mexico sales tax reports from the
sales made on the demised premises.
(C) Lessee shall use the above described premises for any legal purpose
whatsoever, especially those uses commonly exercised by Lessee in connection
with the operation of trading post , gift and souvenir shop or other business
commonly associated therewith..
(D) Lessor agrees that Lessor will not operate any type of competitive
business similar to Lessee's on any of Lessors adjacent properties at the Separ
Interchange on 0-00 X.X. 00 Xxx Xxxxxx.
II.
RECREATIONAL VEHICLE PARK - USE AND RENTALS: Lessor agrees to give
Lessee the right to lease two (2) tracts of land for the construction and
development of a recreational vehicle park, and the further right that Lessee
may fence the said two tracts if necessary. Said two tracts of land are to be
used by Lessee for this purpose only and not on an exclusive basis. Lessee
agrees to pay Lessors [Confidential treatment requested] of all gross sales
received from
this business. Lessee agrees to keep the park in a tidy state, removing all
trash that may accumulate on said land. Said two tracts of land are being leased
on a non-exclusive basis and if Lessor desires to use any portion of the below
described premises Lessor may do so in any manner whatsoever and for any use
whatsoever. Any permanent improvements that are placed on said two tracts of
land, including barbed wire fence, will become the property of Lessor and will
not be removed when this Lease expires. Lessee shall retain the right to remove
any non-permanent dwellings such as mobile homes and non-permanent improvements,
equipment and fixtures that have not been permanently attached to the ground.
Any signs that have been placed on said two tracts of land shall be protected
under Article XII herein. If said improvements such as water lines, picnic
tables or other improvements which may be placed on the land by the Lessee are
later found to be in the way, Lessor may at Lessor's expense remove and relocate
same in order to make such use of the land that Lessor desire. The dates of said
recreational vehicle park Lease shall be the same as the Lease dates in
Paragraph I of this Lease and said land being situated on a strip of land
beginning oil the Northwest side of the (demised premises described in Paragraph
I of this Lease and extending the distance of one and one-half (I 1/2) miles in
'a Northwesterly direction adjacent and contiguous to the Southwest right-of-way
line on Interstate 10. The second tract of land being situated Southwest of the
Southern Pacific well for approximately three (3) miles between tile Northeast
Interstate 10 right-of-way line and tile Southern Pacific Railroad right-of-way
line in a Southeasterly direction. Lessor does not warrant that Lessor owns all
of the land heretofore described for use as the recreational vehicle park; it
being unsurveyed.
TITLE TO PERMANENT IMPROVEMENTS: Lessee hereby waives title to all
improvements, such as recreational vehicle park fences and sewer and water
lines, but shall retain title to the old original Continental Divide Trading
Post building with the right to remove the
same upon termination of this Lease or any renewal hereof, and Lessee shall also
have the right to remove any non-permanent type of homes for employee housing
placed on the premises.
RESTRICTION ON ASSIGNMENT: This Lease shall not be assigned,
transferred, or any portion of the demised premises sublet, without the written
consent of Lessor first had and obtained. However, in connection with Lessee's
usual business operation, Lessee shall have the right to arrange for the
establishment of any display or operation on said demised premises, on a
commission basis, so long as Lessee exercises control thereover and remains
fully responsible to Lessor herein. If any portion of the premises is subleased
out on a commission basis, three (3%) percent of the gross sales from the
subleased operation shall be included as a part of the rentals due Lessor (not
three (3%) per cent of the subleased rentals paid by sublessee to the Lessee).
V.
TAXES: Lessor will pay all normal real estate taxes on all buildings
and Lessee will pay any increases on such taxes during the term of this Lease.
VI.
WATER: Lessee shall have the right to use water on said demised
premises from what is known as Lessors' "Leased S. P. Well" on lands located
North of Separ Interchange provided Lessee maintains the pump thereon together
with the water system and shall maintain water lines from well to point and
place of use. Lessor is to be furnished adequate water for Lessors' livestock at
no expense except the maintenance of Lessors' own water line. All water pipes in
the ground at termination of this Lease shall remain in place. Lessee is not
obligated to drill a water well, but if for any reason Lessee does develop a
water well on said demised premises Lessee shall continue to furnish adequate
water for Lessors' range livestock on the same basis that it has heretofore been
used by Lessor without cost provided Lessor install and maintain their own water
line from well to point and place of use. In the event the Southern Pacific
Railroad cancels
the Lease on the S.P. Well leased by lessor the agreement of Lessor to furnish
Lessee with water shall likewise terminate but Lessee shall have the right to
drill and develop a water well on said demised premises, subject to the
conditions mentioned above, provided, however, that anything herein to the
contrary notwithstanding, Lessor shall not be bound to furnish Lessee with
water, especially in the event said S.P. Well Lease is canceled or modified.
Lessee shall furnish water to Bar T service station for the duration of this
Lease. Lessor will pay one-half (1/2) of all repairs and replacement of any pump
and Lessee shall pay the electricity costs for operating said pump. Lessees have
title to the present equipment and any future equipment put on the well.
VII.
DESIGNATION OF PLACE TO RECEIVE RENTS OR OTHER NOTICES UNDER THIS LEASE: Lessee
shall send all rent payments to Xxx Xxxx, Xx., Xxx X, Xxxxxxxxx, Xxx Xxxxxx
00000, or whatever address Lessor may designate in writing.
VIII.
EMINENT DOMAIN: In the event the demised premises or any part thereof
is taken for public or quasi-public purposes by condemnation, lessee shall leave
no claim to nor still Lessee be entitled to any portion of any award with regard
to the real property (land) for damages or otherwise, all right to any such
award being hereby assigned to Lessor. In the event only a part of the demised
premises is so taken, Lessee shall have the Tight and option to cancel this
Lease for the remainder of the demised term in the event Lessee also determines
that said taking materially interferes with Lessee's business, or said parties
may Mutually agree upon a continuance of said Lease on terms mutually agreeable.
IX.
INDEMNIFICATION OF LESSOR AGAINST LIENS: Lessee covenants that it will ,
at all times prior to the termination of this Lease and the delivery to the
Lessor of possession of said
demised premises, pay and discharge and indemnify the Lessor against any and all
liens and charges of any and every nature and kind which may at any time be
established against said land and improvements or any part thereof as a
consequence, direct or indirect, of any act or omission of Lessee or as a
consequence, direct or indirect, of any act or omission of Lessee or as a
consequence direct or indirect, of the existence of Lessee's interest under this
Lease; any: and all loss, cost, damage, or expense sustained by Lessor
(including any attorney's fees and expenses of Lessor) on account of or through
the use of the land or any part thereof by Lessee or by any other person
whomsoever, for any purpose inconsistent with the provisions of this Lease or
arising out of or directly or indirectly due to any failure of Lessee in any
respect to promptly and faithfully satisfy its obligations under this Lease.
X.
INDEMNITY OF LESSOR BY LESSEE AGAINST LOSS: Lessee covenants to
indemnify and hold and save harmless Lessor against any and all claims arising
from tile conduct or management of or from any work or thing whatsoever done in
or about tile demised premises or any building or structure thereof or the
equipment thereof during said demised term or arising from any act or negligence
of Lessee or any of its agents, contractors, patrons or employees, or arising
from any accident, injury, or damage whatsoever caused to any person or persons
or to the property of any person, persons; corporation or corporations occurring
during said term on, in or about the demised premises and from and against all
cost, counsel fees, expenses, and liabilities incurred in or about any such
claim or any action or proceeding being brought against Lessor by reason of any
such claim, the Lessee, on notice from the Lessor shall resist or defend such
action or proceeding by counsel satisfactory to Lessor.
XI.
FORFEITURE PROVISION: This Lease is made on the condition that Lessee
shall perform all of the covenants and agreements herein set forth to be
performed by it. If at any time there be default on the part of Lessee in the
payment of rent, taxes, assessments or other charges and payments by it to be
made, or either or them or any part thereof, or if there shall be default on the
part of Lessee in the performance or observance of any of the remaining
covenants or agreements thereof by it to be observed and performed, and such
default shall continue for a period of thirty (30) days after written notice by
certified mail of such default being given by Lessor to Lessor shall at any time
thereafter without demand have full right, at their election, on fifteen (15)
days' written notice by certified mail to Lessee, to enter upon the demised
premises and take immediate possession thereof. In addition, Lessor may bring
suit for, and collect all rents, taxes, assessments, the time of such entry this
Lease and all rights herein granted shall become void to all intents payments or
other charges which shall have accrued by or to the time of such entry. From and
purposes whatsoever, and all improvements made on said premises shall be
forfeited to Lessor without compensation therefor to Lessee. In addition to the
other rights in this Paragraph Lessor shall have the right to xxx Lessee for
damages, if Lessee fails to pay any rent required under this Lease.
XII.
SIGNS: As a further consideration herein, Lessor does hereby grant unto
Lessee the right to install signs advertising Lessee's business on said demised
premises and on other lands presently owned by Lessor along said Interstate 10
East and West from the Separ Interchange, provided, however, that said signs
shall be installed in full compliance with the laws of the State of New Mexico
and on locations agreeable to Lessor and that Lessee assumes full responsibility
for any injury caused thereby. Upon termination of this Lease, signs and sign
permits will remain tile property of Lessee with Lessee having the right to sell
the same and with the right of first
refusal to be offered Lessor. If Lessor accepts said offer, Lessee agrees to
execute any and all documents necessary to transfer the permits to Lessor. If
any sign or signs are damaged, replaced or retired, all excess materials and
trash will be retrieved in order that the premises will remain in good
condition.
XIII.
PURCHASE OF GASOLINE AND OIL PRODUCTS TO BE SOLD: Lessee agrees to purchase
gasoline and oil products sold or used on the premises from XXXXXX X. SHORT &
SON, INCORPORATED, as long as this corporation is competitive in its prices. In
the case of a shortage of these products and said corporation cannot deliver
said products, purchases can be made on a temporary basis from others.
XIV.
BINDING ON SUCCESSORS: The covenants and contained herein shall apply
and ensure to the benefit of and be binding upon the parties hereto, and upon
their respective successors in interest and legal representatives.
WITNESS OUR HANDS this 23rd day of June , A.D. 1989.
LESSOR:
/s/ Xxx Xxxx, Xx.
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XXX XXXX, XX.
LESSEE:
ATTEST:
By: /s/ X.X. Xxxx
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/s/ Xxxxxxx X. XxXxxx XXXXXX'X INCORPORATED
------------------------- Executive Vice President
Asst. Secretary
THE STATE OF NEW MEXICO )
COUNTY OF XXXXXXX )
BEFORE ME, the undersigned authority, on this day personally appeared,
XXX XXXX, XX., known to me to be tile person whose name is subscribed to the
foregoing instrument, and acknowledged to me that lie executed the same for the
purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day 23rd day of June, A.D.
1989.
/s/ Signature illegible
-----------------------
Notary Public
My Commission Expires:
10/29/92
THE STATE OF NEW MEXICO )
COUNTY OF BERNALILLO )
BEFORE ME, the undersigned authority, on this day personally appeared
X.X. Xxxx, Executive Vice President, of Xxxxxx'x, Incorporated, a New Mexico
corporation, known to me personally and officially to be tile person whose name
is subscribed to the foregoing instrument, and acknowledged to me that lie
executed the sai-ne for the purposes and consideration therein expressed, as the
act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 5th day of July A.D. 1989.
/s/ Signature illegible
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Notary Public
My commission expires:
9 /19/91
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Memorandum of, Lease
Parties: Xxxxxx'x Incorporated, a New Mexico corporation (Lessee);
and Xxx Xxxx, XX. (Lessor)
Effective Date: June 23, 1989
1. Description. This is a Memorandum of an unrecorded lease (lease)
executed between Lessor and Lessee on June 23, 1989 for the lease of the
property described as:
A tract of land in the NW 1/4 SE 1/4, Section 00 X 00 X, X 00 X, X.X.X.X., Xxxxx
Xxxxxx, Xxx Xxxxxx, described as follows:
Beginning at the Southeast xxxxx, whence the Southeast xxxxx of said Section 19,
bears S 53 degrees 43' 30" E. 2602, 41 ft. dist.; thence N 55 degrees 01' W.
253.58 ft. to the Southwest xxxxx; thence N 34 degrees 59' E. 357.58 ft. to the
Northwest xxxxx, a point on the South line of Interstate 10 @ frontage Road
Right-of-way on an 11,559.20 ft. radius curve to the left, 253.91 ft. to the
Northeast xxxxx; thence S 34 degrees 59' W, 345.03 ft. to the place of
beginning, containing 2.042 acres, more or less-, and also
A strip of land beginning on the Northwest side of the above referenced premises
and extending one and one-half (I 1/2) miles in a Northwesterly direction
adjacent and contiguous to the Southwest right-of-way line on Interstate 10, and
also
A second tract of land approximately 3 miles long and situated Southeast of the
Southern Pacific well between the Northeast Interstate 10 right-of-way line and
the Southern Pacific Railroad right-of-way line in a Southeasterly direction.
2. Term, The term of the Lease shall begin on January 1. 1993 and shall end on
December 3 1. 2002.
3 . This memorandum is not a complete summary of the terms and conditions of the
Lease. In the event of a conflict between the Lease and this memorandum, the
Lease shall control.
XXXXXX'X INCORPORATED, /s/ Xxx Xxxx, Xx.
a New Mexico Corporation -------------------
Xxx Xxxx, Xx.
/s/ C.C. Xxxx Xxxxxx
----------------------------
X.X. Xxxx
Executive Vice President
STATE OF NEW MEXICO )
) SS.
County of Bernalillo )
SUBSCRIBED AND SWORN TO before me this 1st day of August, 1989 by Xxx
Xxxx, Xx.
/s/ Xxxxxxx X. XxXxxx
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Notary Public
My Commission expires:
5/31/91
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STATE OF NEW MEXICO )
) ss.
County of Bernalillo )
SUBSCRIBED AND SWORN TO before me this 1st day of August , 1989 by X.X. Xxxx,
Executive Vice President of Xxxxxx'x Incorporated.
/s/ Xxxxxxx X. XxXxxx
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Notary Public
My commission expires:
5/31/91
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