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EXHIBIT 6(c)
AGREEMENT OF LEASE
This Agreement, made at Cincinnati, OH this 25th day of MARCH, 1999, by and
between XXXXXX HILLS INC. herein called "LESSOR", and XXXX XXXXXXXXXX, DBA
PICK-UPS PLUS, 0000 XXXXX XXXXXXX XX., XXXXX 00, XXXXX, XX 00000 herein called
"LESSEE".
1. DESCRIPTION OF PREMISES. LESSOR leases to LESSEE, and LESSEE hires from
LESSOR, as herein provided, the premises located at the following address:
00000 XXXXXXX XX., XXXXXXXXXX, XX 00000 which premises consist of an
interior space of approximately 4,500 square feet, and which premises are
located upon the above described real estate. The foregoing premises along
with a non-exclusive right to the use of the parking at this location are
hereinafter referred to as the "PREMISES".
2. TERM. The term of this Lease shall begin on the 1st day of APRIL, 1999 and
terminate on the 31st day of MARCH, 2002 unless sooner terminated or
extended as hereinafter provided.
3. BASE RENT. The base rent for the Lease term shall be SEVENTY NINE THOUSAND
TWO HUNDRED and 00/100 DOLLARS ($79,200.00). LESSEE agrees to pay LESSOR
said amount in installments of TWO THOUSAND TWO HUNDRED DOLLARS AND 00/100
($2,200.00) each, beginning on the 1st day of APRIL, 1999 and payable on
the 1st day of each month thereafter during the term of the Lease.
4. SECURITY DEPOSIT. The LESSEE has deposited with the LESSOR a security
deposit of ONE THOUSAND NINE HUNDRED FIVE and 00/100 DOLLARS ($1,905.00)
which the LESSOR may apply to any damages incurred as a result of a breach
of this Lease by LESSEE. Lessee agrees to pay first months rent and
security deposit upon signing of lease.
5. USE OF PREMISES. The PREMISES are leased to be used as an office/store and
warehouse. LESSEE agrees to restrict the use to such purposes, and not to
use, or permit the use of, the PREMISES for any other purpose without first
obtaining the consent in writing of LESSOR.
6. NO USE THAT INCREASES INSURANCE RISK. LESSEE agrees not to use the PREMISES
in any manner, even in LESSEE'S use for the purposes for which the PREMISES
are leased, that will increase risks covered by insurance on the building
where the PREMISES are located, so as to increase the rate of insurance on
the PREMISES, or to cause cancellation of any insurance policy covering
the building. LESSEE further agrees not to keep on the PREMISES, or permit
to be kept, used, or sold thereon, anything prohibited by the policy of
fire insurance covering the PREMISES. LESSEE agrees to comply, at LESSEE'S
own expense, with all requirements of insurers necessary to keep in force
the fire and public liability insurance covering the PREMISES and building.
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7. NO WASTE, NUISANCE, OR UNLAWFUL USE. LESSEE shall not commit, or allow to
be committed, any waste on the PREMISES, create or allow any nuisance to
exist on the PREMISES, or use or allow the PREMISES to be used for an
unlawful purpose, or in violation of any environmental regulations, local,
state, or federal.
8. PAYMENT OF UTILITIES. LESSEE shall pay for all utilities furnished the
PREMISES for the term of this Lease, including electricity, gas, water,
sewer and telephone service.
9. REPAIRS AND MAINTENANCE. LESSEE shall maintain and keep the interior of
the PREMISES in good repair, including but not limited to electrical,
heating, air conditioning, and plumbing system, and make said repairs and
any decoration at LESSEE'S own expense. LESSEE shall also carefully control
and guard all fires therein, keep all sewer connections free from
obstructions, keep said PREMISES clean and neat, and keep the sidewalk in
front of said PREMISES clean, open and free from obstructions, rubbish,
dirt, snow and ice.
10. ALTERATIONS TO PREMISES. LESSEE shall not make any changes in to the
structure or the interior of the PREMISES without LESSOR'S consent and
approval.
11. SIGNS. Any sign which LESSEE wishes to place on or about the exterior of
the PREMISES requires LESSOR'S prior approval.
12. DELIVERY, ACCEPTANCE, AND SURRENDER OF PREMISES. LESSEE agrees that it has
accepted the PREMISES on possession as being in a good state of repair and
in sanitary condition. LESSEE agrees to surrender the PREMISES to the
LESSOR at the end of the Lease term, if the Lease in not renewed, in the
same condition as when LESSEE took possession, allowing for reasonable use
and wear. LESSEE agrees to remove all business signs or symbols placed on
the PREMISES before redelivery of the PREMISES to the LESSOR, and to
restore the portion of the PREMISES on which such signs or symbols were
placed to the same condition as before their placement.
13. PARTIAL DESTRUCTION OF PREMISES. Partial destruction of the PREMISES shall
not render this Lease void or voidable, or terminate it except as herein
provided. If the PREMISES are partially destroyed during the term of this
Lease, LESSOR shall repair them, when such repairs can be made in
conformity with the local, state, and federal laws and regulations, within
ninety (90) days of the partial destruction. Rent for the PREMISES will be
reduced proportionally to the extent to which the repair operations
interfere which the normal conduct of LESSEE'S business on the PREMISES. If
the repairs cannot be so made in ninety (90) days, or if LESSOR does not
elect to make them within such time, either party hereto has the option to
terminate this Lease.
14. LESSOR'S ENTRY FOR INSPECTION AND MAINTENANCE. LESSOR reserves the right to
enter on the PREMISES at reasonable times to inspect them, to perform
required maintenance and repair, or to make additions or alterations to any
part of the building in which the PREMISES are located, and LESSEE agrees
to permit LESSOR
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to do so. LESSOR may, in connection with such alterations, additions, or
repairs, erect scaffolding, fences, and similar structures, post relevant
notices, and place moveable equipment without any obligation to reduce
LESSEE'S rent for the PREMISES during such period and without incurring
liability to LESSEE for disturbance of quiet enjoyment of the PREMISES, or
loss of occupation thereof.
15. POSTING "FOR SALE", "FOR LEASE", OR "FOR RENT" SIGNS. LESSOR reserves the
right to place "For Sale" signs on the PREMISES at any time during the
Lease, or "For Lease" or "For Rent" signs on the PREMISES at any time
within ninety (90) days of expiration of the Lease, if LESSEE has not
exercised an option to renew, and LESSEE agrees to permit LESSOR to do so.
16. "QUITTING BUSINESS", "BANKRUPTCY", OR "LOST OUR LEASE" SALES. LESSEE agrees
not to conduct "Quitting Business", "Lost our Lease", "Bankruptcy", or
other such types of sales on the PREMISES without LESSOR'S written consent.
17. LESSEE TO CARRY LIABILITY INSURANCE. LESSEE agrees to procure and maintain
in force during the term of this Lease and any extension thereof, at
LESSEE'S expense, public liability insurance in companies and through
brokers approved by LESSOR, adequate to protect against liability for
damage claims through public use of or arising out of accidents occurring
in or around the PREMISES, in a minimum amount of One Million Dollars
($1,000,000.00) single limit policy. Such insurance policies shall provide
coverage for LESSOR'S contingent liability on such claims or losses. The
policies shall be delivered to LESSOR for keeping. LESSEE agrees to obtain
a written obligation from the insurers to notify LESSOR in writing at
least thirty (30) days prior to cancellation or refusal to renew any such
policies. LESSEE agrees that, if such insurance policies are not kept in
force during the entire term of this Lease and any extension thereof,
LESSOR may procure the necessary insurance, pay the premium therefor, and
that such premium shall be repaid to LESSOR as an additional rent
installment for the month following the date on which such premiums are
paid.
18. LESSEE'S ASSIGNMENT, SUBLEASE, OR LICENSE FOR OCCUPATION BY OTHER PERSONS.
LESSEE agrees not to assign or sublease the PREMISES any part thereof, or
any right or privilege connected therewith, or to allow any other person,
except LESSEE'S agents and employees, to occupy the PREMISES or any part
thereof, without first obtaining LESSOR'S written consent. One consent by
LESSOR shall not be a consent to a subsequent assignment, sublease, or
occupation by other persons. LESSEE'S unauthorized assignment, sublease, or
license to occupy shall be void, and shall terminate the Lease at LESSOR'S
option. LESSEE'S interest in this Lease is not assignable by operation of
law, nor is any assignment of LESSEE'S interest herein valid without
LESSOR'S written consent.
19. LEASE BREACHED BY LESSEE'S RECEIVERSHIP, ASSIGNMENT FOR BENEFIT OF
CREDITORS, INSOLVENCY, OR BANKRUPTCY. Appointment of a receiver to take
possession of LESSEE'S assets LESSEE'S general assignment for benefit of
creditors, or LESSEE'S insolvency or taking or suffering action under the
Bankruptcy Act is a breach of this Lease.
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20. LESSOR'S REMEDIES ON LESSEE'S BREACH. If LESSEE breaches this Lease,
LESSOR shall have the following remedies in addition to his other rights
and remedies in such event:
A. REENTRY. LESSOR may reenter the PREMISES immediately, and remove all
of LESSEE'S personnel and property therefrom. LESSOR may store the
property in a public warehouse or at another place of LESSOR'S
choosing at LESSEE'S expense or to LESSEE'S account.
B. TERMINATION. After reentry, LESSOR may terminate the Lease by giving
ten (10) days' written notice of such termination to LESSEE. Reentry
only, without notice of termination, will not terminate the Lease.
C. RELETTING PREMISES. After reentering, LESSOR may relet the PREMISES or
any part thereof, for any term, without terminating the Lease, at such
rent and on such terms as LESSOR may choose. LESSOR may make
alterations and repairs to the PREMISES for such purposes.
D. LIABILITY OF LESSEE ON RELETTING. LESSEE is liable to LESSOR in
addition to LESSEE'S other liability for breach of the Lease for all
expenses of the reletting, and of the alterations and repairs made,
which LESSOR may incur. In addition, LESSEE is liable to LESSOR for
the difference between the rent received by LESSOR under the reletting
and the rent installments that are due for the same period under this
Lease.
E. APPLICATION OF RENT ON RELETTING. LESSOR at LESSOR'S option may apply
the rent received from reletting the PREMISES as follows:
(1) To reduce LESSEE'S indebtedness to LESSOR under the Lease, not
including indebtedness for rent;
(2) To expenses of the reletting and alterations and repairs made;
(3) To rent due under this Lease;
(4) To payment of future rent under this Lease as it becomes due.
F. ACCELERATION OF RENT. LESSOR may recover from LESSEE on terminating
the Lease for LESSEE'S breach all damages proximately resulting form
the breach, including the cost of recovering the PREMISES, and the
worth of the balance of this Lease over the reasonable rental value of
the PREMISES for the remainder of the Lease term, which sum shall at
LESSOR'S option be immediately due to LESSOR from LESSEE.
21. MANNER OF GIVING NOTICE. Notices given pursuant to the provisions of this
Lease, or necessary to carry out its provisions, shall be in writing, and
delivered personally to the party to whom the notice is to be given, or
mailed postage prepaid,
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addressed to such person. LESSOR'S address for this purpose shall be as
given below, or such other address as LESSOR may in writing designate to
LESSEE. Notices to LESSEE may be addressed to LESSEE at the PREMISES.
22. EFFECT OF LESSOR'S WAIVER. LESSOR'S waiver of breach of one covenant and
condition of this Lease is not a waiver of breach of others, or of
subsequent breach of the one waived. LESSOR'S acceptance of rent
installments after breach is not a waiver of the breach, except of breach
of the covenant to pay the rent installment of installments accepted.
23. LEASE APPLICABLE TO SUCCESSORS, ETC. This lease and the covenants and
conditions hereof apply to and are binding on the heirs, successors,
executors, administrators, and assigns of the parties hereto.
24. TIME OF ESSENCE. Time is of the essence of this Lease.
25. EFFECT OF EMINENT DOMAIN PROCEEDINGS. Eminent domain proceedings resulting
in the condemnation, of a part of the PREMISES herein that leave the rest
unusable by LESSEE for purposes of the business for which the PREMISES are
leased will terminate this Lease. The effect of condemnation, should the
PREMISES be suitable for the purposes of the business, will be to terminate
the Lease as to the portion of the PREMISES condemned, and leave it in
effect as to the remainder of the PREMISES. LESSEE'S rental for the
remainder of the Lease term shall in such case be reduced by the amount
that the usefulness of the PREMISES to LESSEE such business purposes is
reduced. All compensation awarded in the eminent domain proceedings as a
result of such condemnation shall be LESSOR'S. LESSEE hereby assigns and
transfers to LESSOR any claim LESSEE may have to compensation for damages
as a result of such condemnation.
26. OPTION TO RENEW. LESSOR grants to LESSEE, upon the due performance of the
agreements conditions, covenants and terms herein contained on the LESSEE'S
part to be kept, observed and performed, the right to renew the term of the
Lease for one (1) additional three (3) year term, provided the LESSEE shall
have given written notice on or before six (6) months prior to expiration
of this Lease or the renewal term if applicable, to LESSOR or LESSOR'S
successors or assigns, of LESSEE'S intention to so renew the Lease, for
such further term. The renewal term or terms shall be on the same terms
and conditions as the original term except that the base monthly rent of
TWO THOUSAND TWO HUNDRED DOLLARS ($2,200.00), plus increases during the
original term for taxes, assessments, and insurance, shall for the first
(1st) year of the renewal term be increased in proportion to the increase
in the Consumer Price Index from the beginning of the original term to its
expiration. The Revised Consumer Price Index for Urban Wage Earners and
Clerical Workers for Cinci., OH: All Items-A(1967+100) shall be used, or if
changed or discontinued then such other similar economic indicator then
published as determined by the LESSOR. For each subsequent year of the
renewal term or terms, the monthly rental shall be increased in proportion
to the increase in the C.P.I. during the preceding year. The rent for each
successive year of the renewal term(s) shall be increased by the amount of
increases in the prior year of taxes, assessments, and insurance plus the
proportionate increase in the C.P.I. for such preceding year.
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IN WITNESS WHEREOF, LESSOR executed this Lease on the day of , 1998.
WITNESS: LESSOR: SHARONHILLS, INC.
/s/ Xxxxxxx Xxxxxxxx /s/ X.X. Xxxxxxxx
-------------------- -------------------------------
Printed: Xxxxxxx Xxxxxxxx X.X. XXXXXXXX, PRESIDENT
---------------- 00000 XXXXXXXXX XX. 0xx XXXXX
XXXXX., XX 00000
X.X. XXX 00000
XXXXX., XX 00000
STATE OF OHIO )
) SS:
COUNTY OF XXXXXXXX )
Acknowledged before me a Notary Public on this 19 day of March, 1999.
XXXXX X. XXXXXX Xxxxx X. Xxxxxx
NOTARY PUBLIC, STATE OF OHIO -------------------------
MY COMMISSION EXPIRES: MAY 10, 2003 Notary Public
IN WITNESS WHEREOF, LESSEE executed this Lease on 21 day of March, 199 .
WITNESS: LESSEE: XXXX XXXXXXXXXX
DBA PICK UPS PLUS
/s/ Xxxx X. Xxxxxxxxxx
--------------------------- -------------------------------
PRINTED: Xxxx Xxxxxxxxxx XXXX X. XXXXXXXXXX 398-4344
---------------- 0000 XXXXX XXXXXXX XX.
XXXXX, XX 00000
STATE OF OHIO )
) SS:
COUNTY OF )
Acknowledged before me a Notary Public on this day of , 199 .
-------------------------
Notary Public
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