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EXHIBIT 10.39
THIS LEASE AGREEMENT, MADE THE 15 DAY OF MARCH 1996,
BETWEEN
GAMMA REALTY CO
LANDLORD
RESIDING OR LOCATED AT X.X. XXX 000
IN THE TOWN OF LYNDHURST IN THE XXXXXX XX
XXXXXX XXX XXXXX XX XXX XXXXXX 00000, HEREIN DESIGNATED AS THE
LANDLORD,
AND
THE COLONEL'S INC,
TENANT
RESIDING OR LOCATED AT 000 XXXXX XXXXX XXXX
XX THE TOWN OF MILAN IN THE COUNTY OF
________________ AND XXXXX XX XXXXXXXX 00000, HEREIN DESIGNATED AS
THE TENANT;
WITNESSETH THAT, THE LANDLORD DOES HEREBY LEASE TO THE TENANT
AND THE TENANT DOES HEREBY RENT FROM THE LANDLORD, THE FOLLOWING
DESCRIBED PREMISES:
00 XXXXXXXX XXX., XXXXXX, XX
PREMISES 23,000 SQ. FT. AT $6.25/SQ. FT. PER YEAR GROSS WITH AN
ADDITIONAL 3 YEAR OPTION AT $7.00/SQ. FT. PER YEAR GROSS
SEE RIDER
FOR A TERM OF THIRTY-SIX (36) MONTHS, THREE YEARS
TERM COMMENCING ON APRIL 1 1996, AND ENDING ON MARCH 31 1999,
TO BE USED AND OCCUPIED ONLY AND FOR NO OTHER PURPOSE THAN
WAREHOUSE AND DISTRIBUTION OF AUTOMOBILE AND TRUNK
USE BUMPERS, RELATED PARTS AND TRUCK BEDLINERS.
SEE RIDER
UPON THE FOLLOWING CONDITIONS AND COVENANTS:
1ST: THE TENANT COVENANTS AND AGREES TO PAY TO THE LANDLORD,
AS RENT FOR AND DURING THE TERM HEREOF, THE SUM OF $431,250 FOUR
HUNDRED THOUSAND THIRTY ONE TWO HUNDRED FIFTY DOLLARS IN THE
FOLLOWING MANNER:
PAYMENT YEAR TOTAL MONTHLY TOTAL ANNUAL
OF RENT 1 $ 11,979.17 $143,750.00
2 $ 11,979.17 $143,750.00
3 $ 11,979.17 $143,750.00
2ND: THE TENANT HAS EXAMINED THE PREMISES AND HAS ENTERED
REPAIRS INTO THIS LEASE WITHOUT ANY REPRESENTATION ON THE PART OF THE
AND CARE LANDLORD AS TO THE CONDITION THEREOF. THE TENANT SHALL TAKE GOOD
CARE OF THE PREMISES AND SHALL AT THE TENANT'S OWN COST AND EXPENSE,
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MAKE ALL REPAIRS, INCLUDING PAINTING AND DECORATING, AND SHALL
MAINTAIN THE PREMISES IN GOOD CONDITION AND STATE OF REPAIR, AND AT
THE END OR OTHER EXPIRATION OF THE TERM HEREOF, SHALL DELIVER UP THE
RENTED PREMISES IN GOOD ORDER AND CONDITION, WEAR AND TEAR FROM A
REASONABLE USE THEREOF, AND DAMAGE BY THE ELEMENTS NOT RESULTING
FROM THE NEGLECT OR FAULT OF THE TENANT, EXCEPTED. THE TENANT SHALL
NEITHER ENCUMBER NOR OBSTRUCT THE SIDEWALKS, DRIVEWAYS, YARDS,
ENTRANCES, HALLWAYS AND STAIRS, BUT SHALL KEEP AND MAINTAIN THE SAME
IN A CLEAN CONDITION, FREE FROM DEBRIS, TRASH, REFUSE, SNOW AND ICE.
3RD: IN CASE OF THE DESTRUCTION OF OR ANY DAMAGE TO THE GLASS
GLASS, IN THE LEASED PREMISES, OR THE DESTRUCTION OF OR DAMAGE OF ANY KIND
ETC. WHATSOEVER TO THE SAID PREMISES, CAUSED BY THE CARELESSNESS,
DAMAGE NEGLIGENCE OR IMPROPER CONDUCT ON THE PART OF THE TENANT OR THE
REPAIRS TENANT'S AGENTS, EMPLOYEES, GUESTS, LICENSEES, INVITEES, SUBTENANTS,
ASSIGNEES OR SUCCESSORS, THE TENANT SHALL REPAIR THE SAID DAMAGE OR
REPLACE OR RESTORE ANY DESTROYED PARTS OF THE PREMISES, AS SPEEDILY
AS POSSIBLE, AT THE TENANT'S OWN COST AND EXPENSE.
4TH: NO ALTERATIONS, ADDITIONS OR IMPROVEMENTS SHALL BE MADE,
ALTERA- AND NO CLIMATE REGULATING, AIR CONDITIONING, COOLING, HEATING OR
TIONS SPRINKLER SYSTEMS, TELEVISION OR RADIO ANTENNAS, HEAVY EQUIPMENT,
IMPROVE- APPARATUS AND FIXTURES, SHALL BE INSTALLED IN OR ATTACHED TO THE
MENTS LEASED PREMISES, WITHOUT THE WRITTEN CONSENT OF THE LANDLORD. UNLESS
OTHERWISE PROVIDED HEREIN, ALL SUCH ALTERATIONS, ADDITIONS OR
IMPROVEMENTS AND SYSTEMS, WHEN MADE, INSTALLED IN OR ATTACHED TO THE
SAID PREMISES, SHALL BELONG TO AND BECOME THE PROPERTY OF THE
LANDLORD AND SHALL BE SURRENDERED WITH THE PREMISES AND AS PART
THEREOF UPON THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE,
WITHOUT HINDRANCE, MOLESTATION OR INJURY. SEE RIDER
5TH: THE TENANT SHALL NOT PLACE NOR ALLOW TO BE PLACED ANY
SIGNS OF ANY KIND WHATSOEVER, UPON, IN OR ABOUT THE SAID PREMISES OR
SIGNS ANY PART THEREOF, EXCEPT OF A DESIGN AND STRUCTURE AND IN OR AT SUCH
PLACES AS MAY BE INDICATED AND CONSENTED TO BY THE LANDLORD IN
WRITING. IN CASE THE LANDLORD OR THE LANDLORD'S AGENTS, EMPLOYEES OR
REPRESENTATIVES SHALL DEEM IT NECESSARY TO REMOVE ANY SUCH SIGNS IN
ORDER TO PAINT OR MAKE ANY REPAIRS, ALTERATIONS OR IMPROVEMENTS IN
OR UPON SAID PREMISES OR ANY PART THEREOF, THEY MAY BE SO REMOVED,
BUT SHALL BE REPLACED AT THE LANDLORD'S EXPENSE WHEN THE SAID
REPAIRS, ALTERATIONS OR IMPROVEMENTS SHALL HAVE BEEN COMPLETED. ANY
SIGNS PERMITTED BY THE LANDLORD SHALL AT ALL TIMES CONFORM WITH ALL
MUNICIPAL ORDINANCES OR OTHER LAWS AND REGULATIONS APPLICABLE
THERETO. SEE RIDER
6TH: THE TENANT SHALL PAY WHEN DUE ALL THE RENTS OR CHARGES
FOR WATER OR OTHER UTILITIES USED BY THE TENANT, WHICH ARE OR MAY BE
UTILITIES ASSESSED OR IMPOSED UPON THE LEASED PREMISES OR WHICH ARE OR MAY BE
CHARGED TO THE LANDLORD BY THE SUPPLIERS THEREOF DURING THE TERM
HEREOF, AND IF NOT PAID, SUCH RENTS OR CHARGES SHALL BE ADDED TO AND
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BECOME PAYABLE AS ADDITIONAL RENT WITH THE INSTALLMENT OF RENT NEXT
DUE OR WITHIN 30 DAYS OF DEMAND THEREFOR, WHICHEVER OCCURS SOONER.
7TH: THE TENANT SHALL PROMPTLY COMPLY WITH ALL LAWS,
ORDINANCES, RULES, REGULATIONS, REQUIREMENTS AND DIRECTIVES OF THE
FEDERAL, STATE AND MUNICIPAL GOVERNMENTS OR PUBLIC AUTHORITIES AND
COMPLIANCE OF ALL THEIR DEPARTMENTS, BUREAUS AND SUBDIVISIONS, APPLICABLE TO
WITH LAWS AND AFFECTING THE SAID PREMISES, THEIR USE AND OCCUPANCY, FOR THE
ETC. CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES, VIOLATIONS OR
OTHER GRIEVANCES IN, UPON OR CONNECTED WITH THE SAID PREMISES,
DURING THE TERM HEREOF; AND SHALL PROMPTLY COMPLY WITH ALL ORDERS,
REGULATIONS, REQUIREMENTS AND DIRECTIVES OF THE BOARD OF FIRE
UNDERWRITERS OR SIMILAR AUTHORITY AND OF ANY INSURANCE COMPANIES
WHICH HAVE ISSUED OR ARE ABOUT TO ISSUE POLICIES OF INSURANCE
COVERING THE SAID PREMISES AND ITS CONTENTS, FOR THE PREVENTION OF
FIRE OR OTHER CASUALTY, DAMAGE OR INJURY, AT THE TENANT'S OWN COST
AND EXPENSE.
8TH: THE TENANT, AT TENANT'S OWN COST AND EXPENSE, SHALL
OBTAIN OR PROVIDE AND KEEP IN FULL FORCE FOR THE BENEFIT OF THE
LIABILITY LANDLORD, DURING THE TERM HEREOF, GENERAL PUBLIC LIABILITY
INSURANCE INSURANCE, INSURING THE LANDLORD AGAINST ANY AND ALL LIABILITY OR
CLAIMS OF LIABILITY ARISING OUT OF, OCCASIONED BY OR RESULTING FROM
ANY ACCIDENT OR OTHERWISE IN OR ABOUT THE LEASED PREMISES, FOR
INJURIES TO ANY PERSON OR PERSONS, FOR LIMITS OF NOT LESS THAN
$500,000.00 FOR INJURIES TO ONE PERSON AND $1,000,000.00 FOR
INJURIES TO MORE THAN ONE PERSON, IN ANY ONE ACCIDENT OR OCCURRENCE,
AND FOR LOSS OR DAMAGE TO THE PROPERTY OF ANY PERSON OR PERSONS, FOR
INDEMNI- NOT LESS THAN $250,000.00. THE POLICY OR POLICIES OF INSURANCE SHALL
FICATION BE OF A COMPANY OR COMPANIES AUTHORIZED TO DO BUSINESS IN THIS STATE
AND SHALL BE DELIVERED TO THE LANDLORD, TOGETHER WITH EVIDENCE OF
THE PAYMENT OF THE PREMIUMS THEREFOR, NOT LESS THAN FIFTEEN DAYS
PRIOR TO THE COMMENCEMENT OF THE TERM HEREOF OR OF THE DATE WHEN THE
TENANT SHALL ENTER INTO POSSESSION, WHICHEVER OCCURS SOONER. AT
LEAST FIFTEEN DAYS PRIOR TO THE EXPIRATION OR TERMINATION DATE OF
ANY POLICY, THE TENANT SHALL DELIVER A RENEWAL OR REPLACEMENT POLICY
WITH PROOF OF THE PAYMENT OF THE PREMIUM THEREFOR. THE TENANT ALSO
AGREES TO AND SHALL SAVE, HOLD AND KEEP HARMLESS AND INDEMNIFY THE
LANDLORD FROM AND FOR ANY AND ALL PAYMENTS, EXPENSES, COSTS,
ATTORNEY FEES AND FROM AND FOR ANY AND ALL CLAIMS AND LIABILITY FOR
LOSSES OR DAMAGE TO PROPERTY OR INJURIES TO PERSONS OCCASIONED
WHOLLY OR IN PART BY OR RESULTING FROM ANY ACTS OR OMISSIONS BY THE
TENANT OR THE TENANT'S AGENTS, EMPLOYEES, GUESTS, LICENSEES,
INVITEES, SUBTENANTS, ASSIGNEES OR SUCCESSORS, OR FOR ANY CAUSE OR
REASON WHATSOEVER ARISING OUT OF OR BY REASON OF THE OCCUPANCY BY
THE TENANT AND THE CONDUCT OF THE TENANT'S BUSINESS.
9TH: THE TENANT SHALL NOT, WITHOUT THE WRITTEN CONSENT OF THE
ASSIGNMENT LANDLORD, ASSIGN, MORTGAGE OR HYPOTHECATE THIS LEASE, NOR SUBLET OR
SUBLEASE THE PREMISES OR ANY PART THEREOF.
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RESTRIC- 10TH: THE TENANT SHALL NOT OCCUPY OR USE THE LEASED PREMISES
TION OF OR ANY PART THEREOF, NOR PERMIT OR SUFFER THE SAME TO BE OCCUPIED OR
USE USED FOR ANY PURPOSES OTHER THAN AS HEREIN LIMITED, NOR FOR ANY
PURPOSE DEEMED UNLAWFUL, DISREPUTABLE, OR EXTRA HAZARDOUS, ON
ACCOUNT OF FIRE OR OTHER CASUALTY.
11TH: THIS LEASE SHALL NOT BE A LIEN AGAINST THE SAID
PREMISES IN RESPECT TO ANY MORTGAGES THAT MAY HEREAFTER BE PLACED
MORTGAGE UPON SAID PREMISES. THE RECORDING OF SUCH MORTGAGE OR MORTGAGES
PRIORITY SHALL HAVE PREFERENCE AND PRECEDENCE AND BE SUPERIOR AND PRIOR IN
LIEN TO THIS LEASE, IRRESPECTIVE OF THE DATE OF RECORDING AND THE
TENANT AGREES TO EXECUTE ANY INSTRUMENTS, WITHOUT COST, WHICH MAY BE
DEEMED NECESSARY OR DESIRABLE, TO FURTHER EFFECT THE SUBORDINATION
OF THIS LEASE TO ANY SUCH MORTGAGE OR MORTGAGES. A REFUSAL BY THE
TENANT TO EXECUTE SUCH INSTRUMENTS SHALL ENTITLE THE LANDLORD TO THE
OPTION OF CANCELLING THIS LEASE, AND THE TERM HEREOF IS HEREBY
EXPRESSLY LIMITED ACCORDINGLY.
12TH: IF THE LAND AND PREMISES LEASED HEREIN, OR OF WHICH THE
LEASED PREMISES ARE A PART, OR ANY PORTION THEREOF, SHALL BE TAKEN
UNDER EMINENT DOMAIN OR CONDEMNATION PROCEEDINGS, OR IF SUIT OR
OTHER ACTION SHALL BE INSTITUTED FOR THE TAKING OR CONDEMNATION
CONDEMNA- THEREOF, OR IF IN LIEU OF ANY FORMAL CONDEMNATION PROCEEDINGS OR
TION ACTIONS, THE LANDLORD SHALL GRANT AN OPTION TO PURCHASE AND OR SHALL
SELL AND CONVEY THE SAID PREMISES OR ANY PORTION THEREOF, TO THE
EMINENT GOVERNMENT OR OTHER PUBLIC AUTHORITY, AGENCY, BODY OR PUBLIC
DOMAIN UTILITY, SEEKING TO TAKE SAID LAND AND PREMISES OR ANY PORTION
THEREOF, THEN THIS LEASE, AT THE OPTION OF THE LANDLORD, SHALL
TERMINATE, AND THE TERM HEREOF SHALL END AS OF SUCH DATE AS THE
LANDLORD SHALL FIX BY NOTICE IN WRITING; AND THE TENANT SHALL HAVE
NO CLAIM OR RIGHT TO CLAIM OR BE ENTITLED TO ANY PORTION OF ANY
AMOUNT WHICH MAY BE AWARDED AS DAMAGES OR PAID AS THE RESULT OF SUCH
CONDEMNATION PROCEEDINGS OR PAID AS THE PURCHASE PRICE FOR SUCH
OPTION, SALE OR CONVEYANCE IN LIEU OF FORMAL CONDEMNATION
PROCEEDINGS; AND ALL RIGHTS OF THE TENANT TO DAMAGES, IF ANY, ARE
HEREBY ASSIGNED TO THE LANDLORD. THE TENANT AGREES TO EXECUTE AND
DELIVER ANY INSTRUMENTS, AT THE EXPENSE OF THE LANDLORD, AS MAY BE
DEEMED NECESSARY OR REQUIRED TO EXPEDITE ANY CONDEMNATION
PROCEEDINGS OR TO EFFECTUATE A PROPER TRANSFER OF TITLE TO SUCH
GOVERNMENTAL OR OTHER PUBLIC AUTHORITY, AGENCY, BODY OR PUBLIC
UTILITY SEEKING TO TAKE OR ACQUIRE THE SAID LANDS AND PREMISES OR
ANY PORTION THEREOF. THE TENANT COVENANTS AND AGREES TO VACATE THE
SAID PREMISES, REMOVE ALL THE TENANT'S PERSONAL PROPERTY THEREFROM
AND DELIVER UP PEACEABLE POSSESSION THEREOF TO THE LANDLORD OR TO
SUCH OTHER PARTY DESIGNATED BY THE LANDLORD IN THE AFOREMENTIONED
NOTICE. FAILURE BY THE TENANT TO COMPLY WITH ANY PROVISIONS IN THIS
CLAUSE SHALL SUBJECT THE TENANT TO SUCH COSTS, EXPENSES, DAMAGES AND
LOSSES AS THE LANDLORD MAY INCUR BY REASON OF THE TENANT'S BREACH
HEREOF.
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13TH: IN CASE OF FIRE OR OTHER CASUALTY, THE TENANT SHALL
GIVE IMMEDIATE NOTICE TO THE LANDLORD. IF THE PREMISES SHALL BE
PARTIALLY DAMAGED BY FIRE, THE ELEMENTS OR OTHER CASUALTY, THE
LANDLORD SHALL REPAIR THE SAME AS SPEEDILY AS PRACTICABLE, BUT THE
TENANT'S OBLIGATION TO PAY THE RENT HEREUNDER SHALL NOT CEASE. IF,
FIRE AND IN THE OPINION OF THE LANDLORD, THE PREMISES BE SO EXTENSIVELY AND
OTHER SUBSTANTIALLY DAMAGED AS TO RENDER THEM UNTENANTABLE, THEN THE RENT
CASUALTY SHALL CEASE UNTIL SUCH TIME AS THE PREMISES SHALL BE MADE TENANTABLE
BY THE LANDLORD. HOWEVER, IF, IN THE OPINION OF THE LANDLORD, THE
PREMISES BE TOTALLY DESTROYED OR SO EXTENSIVELY AND SUBSTANTIALLY
DAMAGED AS TO REQUIRE PRACTICALLY A REBUILDING THEREOF, THEN THE
RENT SHALL BE PAID UP TO THE TIME OF SUCH DESTRUCTION AND THEN AND
FROM THENCEFORTH THIS LEASE SHALL COME TO AN END. IN NO EVENT
HOWEVER, SHALL THE PROVISIONS OF THIS CLAUSE BECOME EFFECTIVE OR BE
APPLICABLE, IF THE FIRE OR OTHER CASUALTY AND DAMAGE SHALL BE THE
RESULT OF THE CARELESSNESS, NEGLIGENCE OR IMPROPER CONDUCT OF THE
TENANT OR THE TENANT'S AGENTS, EMPLOYEES, GUESTS, LICENSEES,
INVITEES, SUBTENANTS, ASSIGNEES OR SUCCESSORS. IN SUCH CASE, THE
TENANT'S LIABILITY FOR THE PAYMENT OF THE RENT AND THE PERFORMANCE
OF ALL THE COVENANTS, CONDITIONS AND TERMS HEREOF ON THE TENANT'S
PART TO BE PERFORMED SHALL CONTINUE AND THE TENANT SHALL BE LIABLE
TO THE LANDLORD FOR THE DAMAGE AND LOSS SUFFERED BY THE LANDLORD. IF
THE TENANT SHALL HAVE BEEN INSURED AGAINST ANY OF THE RISKS HEREIN
COVERED, THEN THE PROCEEDS OF SUCH INSURANCE SHALL BE PAID OVER TO
THE LANDLORD TO THE EXTENT OF THE LANDLORD'S COSTS AND EXPENSES TO
MAKE THE REPAIRS HEREUNDER, AND SUCH INSURANCE CARRIERS SHALL HAVE
NO RECOURSE AGAINST THE LANDLORD FOR REIMBURSEMENT.
14TH: IF THE TENANT SHALL FAIL OR REFUSE TO COMPLY WITH AND
PERFORM ANY CONDITIONS AND COVENANTS OF THE WITHIN LEASE, THE
REIMBURSE- LANDLORD MAY, IF THE LANDLORD SO ELECTS, CARRY OUT AND PERFORM SUCH
MENT OF CONDITIONS AND COVENANTS, AT THE COST AND EXPENSE OF THE TENANT, AND
LANDLORD THE SAID COST AND EXPENSE SHALL BE PAYABLE ON DEMAND, OR AT THE
OPTION OF THE LANDLORD SHALL BE ADDED TO THE INSTALLMENT OF RENT DUE
IMMEDIATELY THEREAFTER BUT IN NO CASE LATER THAN ONE MONTH AFTER
SUCH DEMAND, WHICHEVER OCCURS SOONER, AND SHALL BE DUE AND PAYABLE
AS SUCH. THIS REMEDY SHALL BE IN ADDITION TO SUCH OTHER REMEDIES AS
THE LANDLORD MAY HAVE HEREUNDER BY REASON OF THE BREACH BY THE
TENANT OF ANY OF THE COVENANTS AND CONDITIONS IN THIS LEASE
CONTAINED.
15TH: THE TENANT AGREES THAT THE LANDLORD AND THE LANDLORD'S
AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES, SHALL HAVE THE RIGHT TO
INSPECTION ENTER INTO AND UPON THE SAID PREMISES OR ANY PART THEREOF, AT ALL
AND REPAIR REASONABLE HOURS, FOR THE PURPOSE OF EXAMINING THE SAME OR MAKING
SUCH REPAIRS OR ALTERATIONS THEREIN AS MAY BE NECESSARY FOR THE
SAFETY AND PRESERVATION THEREOF. THIS CLAUSE SHALL NOT BE DEEMED TO
BE A COVENANT BY THE LANDLORD NOR BE CONSTRUED TO CREATE AN
OBLIGATION ON THE PART OF THE LANDLORD TO MAKE SUCH INSPECTION OR
REPAIRS.
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16TH: THE TENANT AGREES TO PERMIT THE LANDLORD AND THE
LANDLORD'S AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES TO SHOW THE
RIGHT TO PREMISES TO PERSONS WISHING TO RENT OR PURCHASE THE SAME, AND TENANT
EXHIBIT AGREES THAT ON AND AFTER NOVEMBER 1, 1998 NEXT PRECEDING THE EXPIRA-
TION OF THE TERM HEREOF, THE LANDLORD OR THE LANDLORD'S AGENTS,
EMPLOYEES OR OTHER REPRESENTATIVES SHALL HAVE THE RIGHT TO PLACE
NOTICES ON THE FRONT OF SAID PREMISES OR ANY PART THEREOF, OFFERING
THE PREMISES FOR RENT OR FOR SALE; AND THE TENANT HEREBY AGREES TO
PERMIT THE SAME TO REMAIN THEREON WITHOUT HINDRANCE OR MOLESTATION.
INCREASE OF SEE RIDER
INSURANCE
RATES
18TH: ANY EQUIPMENT, FIXTURES, GOOD OR OTHER PROPERTY OF THE
REMOVAL OF TENANT, NOT REMOVED BY THE TENANT UPON THE TERMINATION OF THIS
TENANT'S LEASE, OR UPON ANY QUITTING, VACATING OR ABANDONMENT OF THE PREMISES
PROPERTY BY THE TENANT, OR UPON THE TENANT'S EVICTION, SHALL BE CONSIDERED AS
ABANDONED AND THE LANDLORD SHALL HAVE THE RIGHT, WITHOUT ANY NOTICE
TO THE TENANT, TO SELL OR OTHERWISE DISPOSE OF THE SAME, AT THE
EXPENSE OF THE TENANT, AND SHALL NOT BE ACCOUNTABLE TO THE TENANT
FOR ANY PART OF THE PROCEEDS OF SUCH SALE, IF ANY.
19TH: IF THERE SHOULD OCCUR ANY DEFAULT ON THE PART OF THE
TENANT IN THE PERFORMANCE OF ANY CONDITIONS AND COVENANTS HEREIN
REMEDIES CONTAINED, OR IF DURING THE TERM HEREOF THE PREMISES OR ANY PART
UPON THEREOF SHALL BE OR BECOME ABANDONED OR DESERTED, VACATED OR VACANT,
TENANT'S OR SHOULD THE TENANT BE EVICTED BY SUMMARY PROCEEDINGS OR OTHERWISE,
DEFAULT THE LANDLORD, IN ADDITION TO ANY OTHER REMEDIES HEREIN CONTAINED OR
AS MAYBE PERMITTED BY LAW, MAY EITHER BY FORCE OR OTHERWISE, WITHOUT
BEING LIABLE FOR PROSECUTION THEREFOR, OR FOR DAMAGES, RE-ENTER THE
SAID PREMISES AND THE SAME HAVE AND AGAIN POSSESS AND ENJOY; AND AS
AGENT FOR THE TENANT OR OTHERWISE, RE-LET THE PREMISES AND RECEIVE
THE RENTS THEREFOR AND APPLY THE SAME, FIRST TO THE PAYMENT OF SUCH
EXPENSES, REASONABLE ATTORNEY FEES AND COSTS, AS THE LANDLORD MAY
HAVE BEEN PUT TO IN RE-ENTERING AND REPOSSESSING THE SAME AND IN
MAKING SUCH REPAIRS AND ALTERATIONS AS MAY BE NECESSARY; AND SECOND
TO THE PAYMENT OF RENTS DUE HEREUNDER. THE TENANT SHALL REMAIN
LIABLE FOR SUCH RENTS AS MAY BE IN ARREARS AND ALSO THE RENTS AS MAY
ACCRUE SUBSEQUENT TO THE RE-ENTRY BY THE LANDLORD, TO THE EXTENT OF
THE DIFFERENCE BETWEEN THE RENTS RESERVED HEREUNDER AND THE RENTS,
IF ANY, RECEIVED BY THE LANDLORD DURING THE REMAINDER OF THE
UNEXPIRED TERM HEREOF, AFTER DEDUCTING THE AFOREMENTIONED EXPENSES,
FEES AND COSTS; THE SAME TO BE PAID AS SUCH DEFICIENCIES ARISE AND
ARE ASCERTAINED EACH MONTH.
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20TH: UPON THE OCCURRENCE OF ANY OF THE CONTINGENCIES SET
FORTH IN THE PRECEDING CLAUSE, OR SHOULD THE TENANT BE ADJUDICATED A
BANKRUPT, INSOLVENT OR PLACED IN RECEIVERSHIP, OR SHOULD PROCEEDINGS
TERMINA- BE INSTITUTED BY OR AGAINST THE TENANT FOR BANKRUPTCY, INSOLVENCY,
TION ON RECEIVERSHIP, AGREEMENT OF COMPOSITION OR ASSIGNMENT FOR THE BENEFIT
DEFAULT OF CREDITORS, OR IF THIS LEASE OR THE ESTATE OF THE TENANT HEREUNDER
SHALL PASS TO ANOTHER BY VIRTUE OF ANY COURT PROCEEDINGS, WRIT OF
EXECUTION, LEVY, SALE, OR BY OPERATION OF LAW, THE LANDLORD MAY, IF
THE LANDLORD SO ELECTS, AT ANY TIME THEREAFTER, TERMINATE THIS LEASE
AND THE TERM HEREOF, UPON GIVING TO THE TENANT OR TO ANY TRUSTEE,
RECEIVER, ASSIGNEE OR OTHER PERSON IN CHARGE OF OR ACTING AS
CUSTODIAN OF THE ASSETS OR PROPERTY OF THE TENANT, FIVE DAYS NOTICE
IN WRITING, OF THE LANDLORD'S INTENTION SO TO DO. UPON THE GIVING OF
SUCH NOTICE, THIS LEASE AND THE TERM HEREOF SHALL END ON THE DATE
FIXED IN SUCH NOTICE AS IF THE SAID DATE WAS THE DATE ORIGINALLY
FIXED IN THIS LEASE FOR THE EXPIRATION HEREOF; AND THE LANDLORD
SHALL HAVE THE RIGHT TO REMOVE ALL PERSONS, GOODS, FIXTURES AND
CHATTELS THEREFROM, BY FORCE OR OTHERWISE, WITHOUT LIABILITY FOR
DAMAGES.
21ST: THE LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR
INJURY WHICH MAY BE SUSTAINED BY THE TENANT OR ANY OTHER PERSON, AS
A CONSEQUENCE OF THE FAILURE, BREAKAGE, LEAKAGE OR OBSTRUCTION OF
NON-LIA- THE WATER, PLUMBING, STEAM, SEWER, WASTE OR SOIL PIPES, ROOF,
BILITY OF DRAINS, LEADERS, GUTTERS, VALLEYS, DOWNSPOUTS OR THE LIKE OR OF THE
LANDLORD ELECTRICAL, GAS, POWER, CONVEYOR, REFRIGERATION, SPRINKLER,
AIRCONDITIONING OR HEATING SYSTEMS, ELEVATORS OR HOISTING EQUIPMENT;
OR BY REASON OF THE ELEMENTS; OR RESULTING FROM THE CARELESSNESS,
NEGLIGENCE OR IMPROPER CONDUCT ON THE PART OF ANY OTHER TENANT OR OF
THE LANDLORD OR THE LANDLORD'S OR THIS OR ANY OTHER TENANT'S AGENTS,
EMPLOYEES, GUESTS, LICENSEES, INVITEES, SUBTENANTS, ASSIGNEES OR
SUCCESSORS; OR ATTRIBUTABLE TO ANY INTERFERENCE WITH, INTERRUPTION
OF OR FAILURE, BEYOND THE CONTROL OF THE LANDLORD, OF ANY SERVICES
TO BE FURNISHED OR SUPPLIED BY THE LANDLORD.
22ND: THE VARIOUS RIGHTS, REMEDIES, OPTIONS AND ELECTIONS OF
THE LANDLORD, EXPRESSED HEREIN, ARE CUMULATIVE, AND THE FAILURE OF
THE LANDLORD TO ENFORCE STRICT PERFORMANCE BY THE TENANT OF THE
NON-WAIVER CONDITIONS AND COVENANTS OF THIS LEASE OR TO EXERCISE ANY ELECTION
BY LAND- OR OPTION OR TO RESORT OR HAVE RECOURSE TO ANY REMEDY HEREIN
LORD CONFERRED OR THE ACCEPTANCE BY THE LANDLORD OF ANY INSTALLMENT OF
RENT AFTER ANY BREACH BY THE TENANT, IN ANY ONE OR MORE INSTANCES,
SHALL NOT BE CONSTRUED OR DEEMED TO BE A WAIVER OR A RELINQUISHMENT
FOR THE FUTURE BY THE LANDLORD OF ANY SUCH CONDITIONS AND COVENANTS,
OPTIONS, ELECTIONS OR REMEDIES, BUT THE SAME SHALL CONTINUE IN FULL
FORCE AND EFFECT.
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23RD: THIS LEASE AND THE OBLIGATION OF THE TENANT TO PAY THE
RENT HEREUNDER AND TO COMPLY WITH THE COVENANTS AND CONDITIONS
NON-PER- HEREOF, SHALL NOT BE AFFECTED, CURTAILED, IMPAIRED OR EXCUSED
FORMANCE BECAUSE OF THE LANDLORD'S INABILITY TO SUPPLY ANY SERVICE OR
BY LAND- MATERIAL CALLED FOR HEREIN, BY REASON OF ANY RULE, ORDER, REGULATION
LORD OR PREEMPTION BY ANY GOVERNMENTAL ENTITY, AUTHORITY, DEPARTMENT,
AGENCY OR SUBDIVISION OR FOR ANY DELAY WHICH MAY ARISE BY REASON OF
NEGOTIATIONS FOR THE ADJUSTMENT OF ANY FIRE OR OTHER CASUALTY LOSS
OR BECAUSE OF STRIKES OR OTHER LABOR TROUBLE OR FOR ANY CAUSE BEYOND
THE CONTROL OF THE LANDLORD.
24TH: THE TERMS, CONDITIONS, COVENANTS AND PROVISIONS OF THIS
LEASE SHALL BE DEEMED TO BE SEVERABLE. IF ANY CLAUSE OR PROVISION
VALIDITY HEREIN CONTAINED SHALL BE ADJUDGED TO BE INVALID OR UNENFORCEABLE BY
OF LEASE A COURT OF COMPETENT JURISDICTION OR BY OPERATION OF ANY APPLICABLE
LAW, IT SHALL NOT AFFECT THE VALIDITY OF ANY OTHER CLAUSE OR
PROVISION HEREIN, BUT SUCH OTHER CLAUSES OR PROVISIONS SHALL REMAIN
IN FULL FORCE AND EFFECT.
25TH: ALL NOTICES REQUIRED UNDER THE TERMS OF THIS LEASE
SHALL BE GIVEN AND SHALL BE COMPLETE BY MAILING SUCH NOTICES BY
NOTICES CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, TO THE
ADDRESS OF THE PARTIES AS SHOWN AT THE HEAD OF THIS LEASE, OR TO
SUCH OTHER ADDRESS AS MAY BE DESIGNATED IN WRITING, WHICH NOTICE OF
CHANGE OF ADDRESS SHALL BE GIVEN IN THE SAME MANNER.
26TH: THE LANDLORD COVENANTS AND REPRESENTS THAT THE LANDLORD
TITLE AND IS THE OWNER OF THE PREMISES HEREIN LEASED AND HAS THE RIGHT AND
QUIET AUTHORITY TO ENTER INTO, EXECUTE AND DELIVER THIS LEASE; AND DOES
ENJOYMENT FURTHER COVENANT THAT THE TENANT ON PAYING THE RENT AND PERFORMING
THE CONDITIONS AND COVENANTS HEREIN CONTAINED, SHALL AND MAY
PEACEABLY AND QUIETLY HAVE, HOLD AND ENJOY THE LEASED PREMISES FOR
THE TERM AFOREMENTIONED.
27TH: THIS LEASE CONTAINS THE ENTIRE CONTRACT BETWEEN THE
ENTIRE PARTIES. NO REPRESENTATIVE, AGENT OR EMPLOYEE OF THE LANDLORD HAS
CONTRACT BEEN AUTHORIZED TO MAKE ANY REPRESENTATIONS OR PROMISES WITH
REFERENCE TO THE WITHIN LETTING OR TO VARY, ALTER OR MODIFY THE
TERMS HEREOF. NO ADDITIONS, CHANGES OR MODIFICATIONS, RENEWALS OR
EXTENSIONS HEREOF, SHALL BE BINDING UNLESS REDUCED TO WRITING AND
SIGNED BY THE LANDLORD AND THE TENANT.
28TH: IF IN ANY CALENDAR YEAR DURING THE TERM AND OF ANY
RENEWAL OR EXTENSION OF THE TERM HEREOF, THE ANNUAL MUNICIPAL TAXES
ASSESSED AGAINST THE LAND AND IMPROVEMENTS LEASED HEREUNDER OR OF
TAX WHICH THE PREMISES HEREIN LEASED ARE A PART, SHALL BE GREATER THAN
INCREASE THE MUNICIPAL TAXES ASSESSED AGAINST THE SAID LANDS AND IMPROVEMENTS
FOR THE CALENDAR YEAR 19_____, WHICH IS HEREBY DESIGNATED AS THE
BASE YEAR, THEN, IN ADDITION TO THE RENT HEREIN FIXED, THE TENANT
AGREES TO PAY A SUM EQUAL TO ______________________________________
______________________________ OF THE AMOUNT BY WHICH SAID TAX
9
EXCEEDS THE ANNUAL TAX FOR THE BASE YEAR, INCLUSIVE OF ANY INCREASE
DURING ANY SUCH CALENDAR YEAR. THE SAID SUM SHALL BE CONSIDERED AS
ADDITIONAL RENT AND SHALL BE PAID IN AS MANY EQUAL INSTALLMENTS AS
THERE ARE MONTHS REMAINING IN THE CALENDAR YEAR IN WHICH SAID TAXES
EXCEED THE TAXES FOR THE BASE YEAR, ON THE FIRST DAY OF EACH MONTH
IN ADVANCE, DURING THE REMAINING MONTHS OF THAT YEAR. IF THE TERM
HEREOF SHALL COMMENCE AFTER THE FIRST DAY OF JANUARY OR SHALL
TERMINATE PRIOR TO THE LAST DAY OF DECEMBER IN ANY YEAR, THEN SUCH
ADDITIONAL RENT RESULTING FROM A TAX INCREASE SHALL BE
PROPORTIONATELY ADJUSTED FOR THE FRACTION OF THE CALENDAR YEAR
INVOLVED. N.A.
29TH: IF ANY MECHANICS' OR OTHER LIENS SHALL BE CREATED OR
FILED AGAINST THE LEASED PREMISES BY REASON OF LABOR PERFORMED OR
MATERIALS FURNISHED FOR THE TENANT IN THE ERECTION, CONSTRUCTION,
MECHANICS' COMPLETION, ALTERATION, REPAIR OR ADDITION TO ANY BUILDING OR
LIENS IMPROVEMENT, THE TENANT SHALL UPON DEMAND, AT THE TENANT'S OWN COST
AND EXPENSE, CAUSE SUCH LIEN OR LIENS TO BE SATISFIED AND DISCHARGED
OF RECORD TOGETHER WITH ANY NOTICES OF INTENTION THAT MAY HAVE BEEN
FILED. FAILURE SO TO DO, SHALL ENTITLE THE LANDLORD TO RESORT TO
SUCH REMEDIES AS ARE PROVIDED HEREIN IN THE CASE OF ANY DEFAULT OF
THIS LEASE, IN ADDITION TO SUCH AS ARE PERMITTED BY LAW.
30TH: THE TENANT WAIVES ALL RIGHTS OF RECOVERY AGAINST THE
WAIVER OF LANDLORD OR LANDLORD'S AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES,
SUBROGA- FOR ANY LOSS, DAMAGES OR INJURY OF ANY NATURE WHATSOEVER TO PROPERTY
TION OR PERSONS FOR WHICH THE TENANT IS INSURED. THE TENANT SHALL OBTAIN
RIGHTS FROM TENANT'S INSURANCE CARRIERS AND WILL DELIVER TO THE LANDLORD,
WAIVERS OF THE SUBROGATION RIGHTS UNDER THE RESPECTIVE POLICIES.
31ST: THE TENANT HAS THIS DAY DEPOSITED WITH THE LANDLORD THE
SUM OF $23,958.34 AS SECURITY FOR THE PAYMENT OF THE RENT HEREUNDER
AND THE FULL AND FAITHFUL PERFORMANCE BY THE TENANT OF THE COVENANTS
AND CONDITIONS ON THE PART OF THE TENANT TO BE PERFORMED. SAID SUM
SHALL BE RETURNED TO THE TENANT, WITHOUT INTEREST, AFTER THE
SECURITY EXPIRATION OF THE TERM HEREOF, PROVIDED THAT THE TENANT HAS FULLY
AND FAITHFULLY PERFORMED ALL SUCH COVENANTS AND CONDITIONS AND IS
NOT IN ARREARS IN RENT. DURING THE TERM HEREOF, THE LANDLORD MAY, IF
THE LANDLORD SO ELECTS, HAVE RECOURSE TO SUCH SECURITY, TO MAKE GOOD
ANY DEFAULT BY THE TENANT, IN WHICH EVENT THE TENANT SHALL, ON
DEMAND, PROMPTLY RESTORE SAID SECURITY TO ITS ORIGINAL AMOUNT.
LIABILITY TO REPAY SAID SECURITY TO THE TENANT SHALL RUN WITH THE
REVERSION AND TITLE TO SAID PREMISES, WHETHER ANY CHANGE IN
OWNERSHIP THEREOF BE BY VOLUNTARY ALIENATION OR AS THE RESULT OF
JUDICIAL SALE, FORECLOSURE OR OTHER PROCEEDINGS, OR THE EXERCISE OF
A RIGHT OF TAKING OR ENTRY BY ANY MORTGAGEE. THE LANDLORD SHALL
ASSIGN OR TRANSFER SAID SECURITY, FOR THE BENEFIT OF THE TENANT, TO
ANY SUBSEQUENT OWNER OR HOLDER OF THE REVERSION OR TITLE TO SAID
PREMISES, IN WHICH CASE THE ASSIGNEE SHALL BECOME LIABLE FOR THE
REPAYMENT THEREOF AS HEREIN PROVIDED, AND THE ASSIGNOR SHALL BE
DEEMED TO BE RELEASED BY THE TENANT FROM ALL LIABILITY TO RETURN
10
SUCH SECURITY. THIS PROVISION SHALL BE APPLICABLE TO EVERY
ALIENATION OR CHANGE IN TITLE AND SHALL IN NO WISE BE DEEMED TO
PERMIT THE LANDLORD TO RETAIN THE SECURITY AFTER TERMINATION OF THE
LANDLORD'S OWNERSHIP OF THE REVERSION OR TITLE. THE TENANT SHALL NOT
MORTGAGE, ENCUMBER OR ASSIGN SAID SECURITY WITHOUT THE WRITTEN
CONSENT OF THE LANDLORD.
** TWO MONTHS SECURITY IN THE SUM OF $23,958.34 AND FIRST
MONTH RENT DUE AT THE TIME OF SIGNING THIS LEASE.
CONFORMA- THE LANDLORD MAY PURSUE THE RELIEF OR REMEDY SOUGHT IN ANY
TION WITH INVALID CLAUSE, BY CONFORMING THE SAID CLAUSE WITH THE PROVISIONS OF
LAWS AND THE STATUTES OR THE REGULATIONS OF ANY GOVERNMENTAL AGENCY IN SUCH
REGULA- CASE MADE AND PROVIDED AS IF THE PARTICULAR PROVISIONS OF THE
TIONS APPLICABLE STATUTES OR REGULATIONS WERE SET FORTH HEREIN AT LENGTH.
IN ALL REFERENCES HEREIN TO ANY PARTIES, PERSONS, ENTITIES OR
CORPORATIONS THE USE OF ANY PARTICULAR GENDER OR THE PLURAL OR
SINGULAR NUMBER IS INTENDED TO INCLUDE THE APPROPRIATE GENDER OR
NUMBER AS THE TEXT OF THE WITHIN INSTRUMENT MAY REQUIRE. ALL THE
TERMS, COVENANTS AND CONDITIONS HEREIN CONTAINED SHALL BE FOR AND
SHALL INURE TO THE BENEFIT OF AND SHALL BIND THE RESPECTIVE PARTIES
HERETO, AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL OR
LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SET THEIR
HANDS AND SEALS, OR CAUSED THESE PRESENTS TO BE SIGNED BY THEIR
PROPER CORPORATE OFFICERS AND THEIR PROPER CORPORATE SEAL TO BE
HERETO AFFIXED, THE DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF /S/ XXXXXX XXX
OR ATTESTED BY XXXXXX XXX, GAMMA REALTY LANDLORD
/S/ XXXX XXX /S/ XXXXXXX X. XXXXXXXXX 3/10/96
Xxxx Xxx XXXXXXX X. XXXXXXXXX TENANT
VICE PRESIDENT & SECRETARY, THE
COLONEL'S INC.
___________________________________
11
RIDER TO LEASE DATED MARCH 15, 1996 BETWEEN GAMMA REALTY, AS
LANDLORD, AND THE COLONEL'S, INC., AS TENANT.
PROPERTY ADDRESS
00 XXXXXXXX XXXXXX
XXXXXX, XX 00000
ADDED PROVISIONS AS PER XXXXXXX X. XXXXXXXXX
32ND THE LEASED SPACE WILL BE APPROXIMATELY 23,000 SQUARE
FEET.
33RD OCCUPANCY WILL COMMENCE ON APRIL 1, 1996 OR WHEN TOWNSHIP
ISSUES USE AND OTHER PERMITS, WHICHEVER OCCURS LATER.
34TH THE LEASE'S INITIAL TERM WILL BE 3 YEARS, AT $6.25/SQ.
FT. PER YEAR GROSS.
35TH THE LEASE WILL GRANT THE TENANT AN OPTION TO RENEW FOR AN
ADDITIONAL 3 YEAR TERM AT $7.00/SQ. FT. PER YEAR GROSS.
36TH THE TENANT WILL BE REQUIRED TO DEPOSIT TWO MONTH'S RENT
($23,958.34) AS SECURITY FOR ITS PERFORMANCE UNDER THE
LEASE.
37TH THE TENANT MAY TERMINATE THE LEASE, IF ITS RENT IS PAID
TO DATE AT THE TIME OF TERMINATION, BY TENDERING A LEASE
TERMINATION FEE, EQUAL TO FOUR MONTH'S RENT.
38TH LANDLORD SHALL BE RESPONSIBLE FOR MAINTAINING THE
BUILDING AND PAYING REAL ESTATE TAXES, BUILDING
INSURANCE, LANDSCAPING, SNOW REMOVAL AND OTHER COMMON
AREA COSTS.
39TH TENANT SHALL BE RESPONSIBLE FOR PAYING ITS OWN UTILITIES
AND THE COST OF OBTAINING NECESSARY APPROVALS, INCLUDING
AN OCCUPANCY PERMIT, FROM THE TOWNSHIP.
40TH TENANT WILL ACCEPT THE PREMISES IN ITS "AS IS" CONDITION,
EXCEPT THAT LANDLORD SHALL DELIVER POSSESSION OF IT BROOM
CLEAN AND WITH ALL ELECTRICAL, PLUMBING, MECHANICAL AND
HEATING UNITS IN GOOD WORKING ORDER AT THE TIME THE LEASE
TERM BEGINS.
41ST PRIOR TO THE LEASE TERM BEGINNING, LANDLORD SHALL
COMPLETE THE ENCLOSURE OF THE LEASED AREA BY REPAIRING
THE SHEET ROCK WALL WHERE AN ENTRANCE HAD BEEN CUT.
LANDLORD WILL FURTHER PROVIDE A BATHROOM CONSTRUCTED IN
SUCH A WAY AND LOCATED SO THAT IT COMPILES WITH ALL STATE
AND TOWNSHIP REQUIREMENTS INCLUDING HANDICAP
ACCESSIBILITY IF NECESSARY.
12
42ND TENANT SHALL HAVE THE RIGHT TO INSTALL THREE SIGNS ON THE
SITE WITH THE LANDLORD'S PERMISSION, WHICH SHALL NOT BE
UNREASONABLY WITHHELD. THOSE SIGNS WILL BE LOCATED ABOVE
THE LOADING DOCK ON THE BUILDING, AT THE TOP LEFT OF THE
BUILDING, AND ON THE GRASS AT THE DRIVEWAY.
43RD TENANT SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE AND
SUBJECT TO OBTAINING TOWNSHIP APPROVAL, TO INSTALL A
PORTABLE DRIVE IN RAMP AT THE BUILDING.
44TH TENANT'S USE OF THE LEASED PREMISES SHALL BE FOR
WAREHOUSE AND DISTRIBUTION OF AUTOMOBILE AND TRUCK
BUMPERS, RELATED PARTS AND TRUCK BED LINERS.
45TH IF ALPHA INDUSTRIES IS UNABLE TO COMPLETE ITS VACATION OF
THE PREMISES BEFORE APRIL 1, 1996, TENANT AGREES TO SHARE
THE PREMISES WITH ALPHA DURING APRIL IN RETURN FOR A 1/2
REDUCTION OF ITS RENT FOR THAT MONTH ($5,989.58)
ADDITIONAL PROVISIONS
46TH LANDLORD AGREES THAT IT IS RESPONSIBLE FOR ANY BROKERS
FEE ARISING OUT OF THE EXECUTION OF THIS LEASE.
47TH UPON THE EXPIRATION OF THIS LEASE AND PROVIDING TENANT IS
NOT IN DEFAULT OF ANY TERM OF THIS LEASE, TENANT AT ITS
OPTION MAY RENEW THIS LEASE. IF TENANT ELECTS TO EXERCISE
THE THREE YEAR OPTION, SIX (6) MONTHS WRITTEN NOTICE
SHALL BE SUBMITTED TO THE LANDLORD VIA CERTIFIED MAIL,
RETURN RECEIPT REQUESTED.
GAMMA REALTY CO. THE COLONEL'S, INC.
BY: BY:
/S/ XXXXXX XXX /S/ XXXXXXX X. XXXXXXXXX 3/21/96
LANDLORD DATE TENANT DATE
XXXXXX XXX XXXXXXX X. XXXXXXXXX
___________________________ ___________________________________
WITNESS DATE WITNESS DATE
