EXHIBIT 10.33
LEASE AGREEMENT
This Lease Agreement (the "Lease") made and entered into as of the 1st day
of September, 1997 by and among The Right Stuff Food Stores, Inc. ("Lessor") and
State Approved Emissions ("Lessee") -
WITNESSETH:
WHEREAS, Lessor is the lessee of certain premises (the "Premises")
described as a visible location at 000 Xxxxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx, 00000
(Exhibit A): and
WHEREAS. Lessor desires to lease the Premises to Lessee, and Lessee desires
to lease the Premises from Lessor, upon the terms and conditions hereinafter set
forth, and
NOW THEREFORE, in consideration of the premises, the mutual covenants and
conditions contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto do
hereby agree as follows:
1. Lessor does hereby lease to Lessee, and Lessee does hereby lease from
Lessor, the Premises described (exhibit "A") for a term commencing September 1,
1997 and terminating on September 1, 2001. Lessee has the option of 2 year, 5
year or 10 year (the "Lease Term").
2. For the use of the designated area, the Lessee agrees to pay $300.00 per
month until January 1, 1998, then $500.00 monthly as follows or $1.00 per car if
amount is greater than $500.00.
3. Lessee agrees to keep clean and maintain the physical appearance of the
property upon which the activities take place.
4. Lessee will post licenses as required by City, County, and State.
5. Lessee will be responsible for the construction and maintenance of
temporary structures used. (including signs)
6. Lessee will maintain proper insurance in accordance with State or county
requirements(1) naming Lessor as co--insured, with minimum amount of
$300,000.00.
7. This Lease Agreement may be terminated at any time by either party with
30 days written notice.
8. It is expressly agreed between Lessor and Lessee that this Lease sets
forth the entire agreement between the parties with respect hereto and that
there is no verbal understanding or agreement which in any way changes the
terms, covenants and conditions herein set forth, and that no modification of
this Lease and no waiver of any of its terms and conditions shall be effective
unless made in writing and duly executed by the parties hereto.
9. Any notice or document shall be deemed delivered when deposited in the
United States Mail, postage prepaid, certified with return receipt requested,
addressed to the parties hereto at the respective addresses set out opposite
their names below, or at such other address as they have heretofore specified by
written notice:
Lessor: The Right Stuff Food Stores, Inc.
7S0 Xxxxxxx Xxxxx Xxxx 00 Xxx 000
Xxxxxxx, Xxxxxxx 00000
Lessee: State Approved Emissions
000 Xxxxxxx Xxxxxxx
Xxxxxxx, Xxxxxxx 00000
10. The obligations and responsibilities herein shall be binding upon and
the rights and benefits shall inure to the parties hereto and their respective
successors and assigns.
11. If the State, City or County prohibits Lessee from providing the
service/product at the Premises, this contract is void.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly
executed by their duly authorized representative this day and year first above
written.
LESSOR
Signed, sealed and delivered Illegible
in the presence of: ---------------------------------------
By: President
/s/ Xxxxxx X. Xxxx ------------------------------------
---------------------------- Title
Witness
LESSEE
Signed, sealed and delivered /s/ Xxxxxx Xxxxx
in the presence of: ---------------------------------------
By: Owner
/s/ Xxxxxxxx Xxxxx Xxxxx ------------------------------------
---------------------------- Title
Witness