LEASE
THIS LEASE entered into this 1st day of SEPTEMBER, 1995, by and between
Xxxxxx X. Xxxxx and Xxxxxx X. Xxxxx, as Co-Trustees, hereinafter referred to as
"Lessor" and American Micro-Med Corporation, an Indiana Corporation, hereinafter
referred to as "Lessee"; WITNESSETH:
Lessor, in consideration of the rents to be paid by Lessee, and of the
covenants and agreements hereinafter set forth to be mutually kept and performed
by the parties hereto, does hereby grant, demise, lease and let, upon the terms
and conditions hereinafter stated, unto the Lessee, its successors and assigns
the following described premises known as 000 Xxxxxxx Xxxx situated in the Town
of Chesterton, County of Xxxxxx, State of Indiana, to-wit:
A parcel of land in Government Lot 2 in the Northwest one quarter
of Section 26, Township 37 North Range 6 West of the Second Principal
Meridian, Xxxxxx County, Indiana, lying North of the right of way of
the Pere Marquette Railroad Company, more particularly described as
commencing at an iron rail monument marking the intersection of the
West line of Section 36 and the Indian Boundary Line, thence South
00(degree) 04' 55' East along the West section line 466.50 feet,
thence North 89(degree); 5' 35" East parallel with the Indian Boundary
Line 30.00 feet to an iron rod, being the POINT OF BEGINNING, thence
North 89(degree) 25' 35" East parallel with the Indian Boundary Line
246.86 feet to an iron rod, thence South 00(degree) 21' 58" East
178.61 feet to an iron rod, thence South 80(degree) 08' 21" West
parallel with the railroad 251.39 feet to an iron rod, thence North
00(degree) 04' 55" West parallel with the West section line 219.19
feet to the Point of Beginning. Containing 1.129 acres and subject to
all legal highways and easements (see also Exhibit "A" attached and
made a part hereof)
together with the improvements and appurtenances thereunto belonging or
appertaining (hereinafter referred to as the "leased premises"), including the
right of ingress and egress thereto and therefrom at all times.
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II.
The term of this lease shall be from the 1st day of September, 1995, to and
including the 31st day of August, 2000, unless sooner terminated as hereinafter
provided or extended by exercise of the option to renew described in Paragraph
IV.
III.
Lessee agrees and covenants to pay to the Lessor at Centier Bank, N.A., 000
Xxxxxxxx, Xxxxxxxxxx, Xxxxxxx, the following rent, to-wit:
First Year - September 1, 1995 to August 31, 1996 rents to be
$2,400.00 monthly or $28,800.00 yearly.
Second Year - September 1, 1996 to August 31, 1997, rents to be
$2,600.00 monthly or $31,200.00 yearly.
Third Year - September 1, 1997 to August 31, 1998 rents to be
$2,800.00 per month or $33,600.00 yearly.
Fourth Year - September 1, 1998 to August 31, 1999 rents to be
$3,000.00 monthly or $36,000.00 yearly.
Fifth Year - September 1, 1999 to August 31, 2000 rents to be
$3,200.00 monthly or $38,400.00 yearly.
Lessee further agrees to pay said rent in equal monthly payments in advance
on the first day of each month, in each of said years. Said payments to be made
to Centier Bank for deposit in account no. 722786 or at such other place as the
Lessor shall direct.
IV.
In the event, in the sole judgment of Lessee, the leased premises shall be
rendered untenantable by fire, explosion or other casualty, Lessor may at their
option terminate this lease or restore said lease premises to its original
condition. Provided, however, that if Lessor fails to or is unable to restore
said premises to its original undamaged condition within one hundred
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twenty (120) days following such casualty loss, then Lessee may at its option
terminate this lease or extend the period within which Lessor is to restore the
premises to its undamaged condition. Lessee shall not be responsible for any
rental payments during the time the leased premises are untenantable and any
rent paid in advance for a period of time during which the leased premises are
untenantable shall be promptly refunded to Lessee or otherwise credited against
future rental obligations in the event the leased premises are repaired and this
lease continued. In the event the leased premises are partially damaged by fire,
explosion or other casualty so that, in the sole judgment of the Lessee, a
portion thereof is rendered untenantable, then Lessor shall promptly restore the
leased premises to its original undamaged condition and the rent shall be
reduced on a prorata basis until the damaged portion of the leased premises is
restored to its original undamaged condition. If Lessor fails to restore the
portion of the leased premises which are rendered untenantable to its original
undamaged condition within a period of 90 days from the date of such casualty
loss, then Lessee shall have the option of terminating this lease, or completing
the repairs and deducting the cost thereof for future rental obligations, or
extending the period of time within which the Lessor may complete the repairs
necessary to restore the leased premises to its original undamaged condition.
V.
Lessee shall upon termination of this lease, surrender up said leased
premises in good order and condition, reasonable use and ordinary wear and tear
excepted. It is understood that the Lessee will paint all interior walls within
60 days prior to the time the Lessee surrenders up the premises.
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Lessee herewith deposits with the Lessor a security deposit of $2,400.00 to
ensure that the premises are returned to the Lessor as provided herein. The
Lessor may use any part or all of said deposit to complete the Lessees
obligation upon termination. Unused sums shall be returned to Lessee. This
clause shall not restrict or in any way limit the Lessor from collecting damages
which may exceed the security deposit.
VI.
Lessee shall have the right, at its own expense, to do all decorating,
repair or maintenance inside the leased premises which Lessee, at its option,
shall decide is necessary, including but not limited to the right and privilege
of installing and removing removable type partitions, panels and counters from
time to time as Lessee may consider to be necessary or convenient in its use of
said leased premises. Upon termination of this lease, any and all such removable
type partitions, panels and counters installed by Lessee then remaining in said
leased premises, all of which are hereby agreed to be personal property of
Lessee, may be removed by Lessee, provided that such removal does not materially
affect or injure the leased premises.
VII.
Lessee is also granted the right and privilege to make such alterations and
changes in such parts of the leased premises as it finds necessary for its
purposes, providing that such alterations will not injure the leased premises.
Said alterations and changes may include, but are not limited to, the
rearranging, installation and removal of partitions other than those partitions
specified in Paragraph VI herein. Such alterations and changes when made shall
become a part of the leased premises ant shall become the property of the Lessor
at the expiration of this lease.
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VIII.
Lessee is granted the right and privilege of installing at its own expense
any and all heating and air conditioning equipment with all necessary
appurtenances thereto which Lessee may desire to install in the leased premises,
including but not limited to, an air-cooled condenser, wiring, plumbing, air
ducts, and other appurtenances reasonably necessary in connection therewith.
Upon termination of the occupancy of said leased premises by Lessee, any such
equipment so installed by Lessee shall become the property of the Lessor and
shall not be removed by the Lessee.
IX.
It is further covenanted and agreed between the parties hereto, that the
Lessee shall have the right at its sole expense at all times, during the term of
this lease, to erect, maintain and operate a sign in front of the building of
which the leased premises form a part and Lessee shall have the right at its
expense from time to time to remove such sign and erect, maintain and operate a
new or different sign.
X.
Lessor shall at their sole expense, maintain the exterior of said leased
premises and keep the same in good order and repair during the terms of this
lease. Said exterior portion shall include, but not be limited to, the roof,
paved portion of the parking lot, stoned area, and the perimeter fence on the
leased premises.
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XI.
The Lessee shall keep the interior of the premises in as good a condition
and repair as the premises were in when first occupied, ordinary wear and tear,
damage by fire, the elements, casualty, or the Lessor's negligence excepted.
Lessee shall be responsible for the normal maintenance and repair of the
building equipment, the plumbing, heating, lighting, electrical equipment,
ventilating, and air-conditioning equipment; provided, however, that Lessor
shall be responsible for replacement of all such building equipment if complete
replacement becomes necessary. Lessee shall promptly pay all sewer, water, and
other utility charges on the premises during the term of this lease.
XII.
Lessee shall have the unrestricted use of the parking area on the leased
premises for its employees and customers and shall maintain said parking area on
the leased premises and keep the same in good order during the term of this
lease. Lessee shall be responsible for picking up loose trash, leaf raking and
general clean-up of the leased premises to and including keeping the grass mowed
on the north side of the building, spraying or cutting the weeds on either side
of the fence and on the north side of the building not less often then monthly
from May 1st to October 31st of each year.
XIII.
In the event Lessor shall receive a bona fide offer to purchase the leased
premises during the term of this lease, which is satisfactory to Lessor, Lessor
agrees to give Lessee the first option of purchasing the leased premises at the
price of the offer so made. Lessor shall give notice of such offer to Lessee by
registered mail directed to the Lessee at the leased premises,
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requiring the Lessee to accept such offer in writing within ten (10) days after
the mailing of such notice. If Lessee shall fail to accept such offer within ten
(10) days, then and in that event, the option to purchase granted to Lessee in
this Article XIII shall thereupon expire and the Lessor shall be at liberty to
sell the leased premises to the person, firm or corporation making the original
offer. Such sale shall be subject to this lease and all the terms, covenants and
conditions of such lease.
XIV.
Lessor agrees to warrant and defend the title to the leased premises and so
long as Lessee is not in default, guarantee Lessee's right to peaceably and
quietly hold, enjoy, and occupy the leased premises during the lease term
without any hindrance, interruption, ejection, or molestation by Lessor or by
any other person or persons whomever.
XV.
Lessor shall pay, satisfy and discharge, as they become due, mortgages,
liens and taxes which may exist or be payable for, on, against, or in respect to
said leased premises, or any part thereof, during the term of this lease, and
upon Lessor's failure to do so, Lessee may at its option, but without any duty
to do so, pay, redeem, satisfy, or discharge any such mortgage, lien, or tax and
may retain and apply the rents accruing hereunder toward reimbursement of such
expense. The Lessee shall pay and discharge any special assessment to the extent
that it is due and payable during the term of this lease.
XVI.
All covenants, promises, representations and agreements herein contained
shall be binding upon, apply and inure to the benefit of the successors and
assigns of the Lessor and Lessee.
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IN WITNESS WHEREOF, the parties hereto have duly executed this lease this
1st day of September, 1995.
AMERICAN MICRO-MED CORPORATION By:
By: /s/ Xxxxx X. Xxx, Xx.
----------------------------
Xxxxx X. Xxx, Xx., President
ATTEST:
/s/ Xxxxx X Xxx
---------------------
Secretary LESSEE
/s/ Xxxxxx X. Xxxxx
--------------------------------
Xxxxxx X. Xxxxx, Trustee
/s/ Xxxxxx X. Xxxxx
--------------------------------
Xxxxxx X. Xxxxx, Trustee
LESSOR
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STATE OF INDIANA
SS:
COUNTY OF XXXXXX
Be it remembered that on the 6 day of September, 1995, before me a Notary
Public in and for the County and State aforesaid, personally appeared Xxxxx X.
Xxx, Xx., President, and Xxxxx X. Xxx, Secretary, respectively, of American
Micro-Med Corporation, an Indiana Corporation, and each acknowledged the
execution of the above and foregoing instrument on behalf of said corporation as
the voluntary act and deed of said corporation and of said officials for said
corporation, for the uses and purposes set forth.
WITNESS my hand and notarial seal.
/s/ Xxxxxxxxx X. Xxxxxxx
------------------------------------
Xxxxxxxxx X. Xxxxxxx, Notary Public
My commission expires: 3-29-99
-----------
County of residence: Xxxxxx
------------
STATE OF INDIANA
SS:
COUNTY OF XXXXXX
Be it remembered that on this 5th day of September, 1995, before me a
Notary Public in and for the County and State aforesaid, personally appeared
Xxxxxx X. Xxxxx, and acknowledged the execution of the above and foregoing
instrument as their voluntary act and deed for the uses ant purposes set forth.
WITNESS my hand and notarial seal the day and year first above written
/s/ Xxxxx X. Xxxxxx
------------------------------
Xxxxx X. Xxxxxx, Notary Public
My commission expires: June 10,1996
County of residence: Xxxxxx
This instrument prepared by Xxxxxxx X. Xxxxxx, Attorney, 000 Xxxxxxxx,
Xxxxxxxxxx, Xxxxxxx 00000.
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MAP OF
XXXXXXXX'X CORNER GONDERING LOTS
[GRAPHIC OMITTED]
