Form A140
COMMERCIAL LEASE
This lease is made between Xxxx X. Xxxxxxxxxx of American Custom
Components, Inc. herein called Lessor, and Xxxxxx Xxxxxx, of Com-Quest, herein
called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the
City of Anaheim, County of Orange, State of California, described as 0000 X.
Xxxxxxx Xxxxxx, Xxxxx X & F (see Exhibit B-1A), upon the following TERMS and
CONDITIONS:
1. TERM AND RENT. Lessor demises the above premises for a term of 10 months
commencing Dec. 8, 1997, and terminating on October 31, 1998 or sooner as
provided herein at the annual rental of One Thousand Nine Hundred five Dollars
and 75 cents Dollars ($1,905.75), payable in equal installments in advance on
the first 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 Electronics
Distributorship. 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, lawns 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 6 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 for 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 15 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 15 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 THREE 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 One Thousand Nine Hundred Five Dollars and 75 cents Dollars
($1,905.75) 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 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 50% 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. N/A
18. ATTORNEY'S FEES. In case suit should be brought for recovery of the
premises, or for any sum due hereunder, or because of an 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. WAIVER. No failure of Lessor to enforce any term hereof shall be deemed to
be a waiver.
20. 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.
21. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the
benefit of the heirs, assigns and successors in interest to the parties.
22. 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 directly through
Xxxxxxx Properties.
23. SUBORDINATION. This lease is and shall be subordinated to all existing and
future liens and encumbrances against the property.
24. 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 25th day of November, 1997
Xxxxxx Xxxxxx Xxxx Xxxxxxxxxx
----------------------- -----------------------
By: /ss Xxxxxx Xxxxxx By: /s/ Xxxx Xxxxxxxxxx
Lessee Lessor
COM-QUEST
WIRELESS DISTRIBUTORS
BUSINESS: ELECTRONICS DISTRIBUTOR
OWNER: XXXXXX XXXXXX
HOME: 000 X. XXXX XXX, XXXX, XX 00000
BUSINESS ESTABLISHED 1995
BANK: CALIFORNIAL STATE BANK
BREA, CA
000-000-0000
ACC# 006-608806
ATTN: XXXXX AVG BAL - LOW 6
CURRENT LANDLORD: XXXXXXX PARK
714-637-3321
TRADE REFERENCES:
PACKAGING EFFECTS XXXXXX XXXX 000-000-0000
IDEAL DISTRIBUTING XXXXXXX 000-000-0000
ORIENT IMPORTS XXXXXX XXX 000-000-0000
INTELLICELL XXXX XXXXXXX 000-000-0000
/S/ X. Xxxxxx
000 X. Xxxxxx Xx. "X", Xxxxxx XX 00000 * (000) 000-0000 Fax (000) 000-0000
EXHIBIT B-1A
Exhibit B-1A to that Lease dated October 19, 0000, xxxxxxx XXXXX XXX FUND-II,
INC., a Delaware corporation ("Lessor") and AMERICAN CUSTOM COMPONENTS, INC., a
California corporation ("Lessee") for the premise commonly known as 0000 Xxxxx
Xxxxxxx Xxxxxx, Xxxxxx X & X, Xxxxxxx, Xxxxxxxxxx 00000.
[diagram/layout of leased premises here]
