COMMERCIAL LEASE
This lease is made between Miniature Machine Corporation, herein called
Lessor, and 21st Century Technologies and Innovative Weaponry, herein called
Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the City of
Fort Worth, County of Tarrant, State of Texas, described as space located at
0000 X. Xxxx 000 Xxxxx, upon the following TERMS and CONDITIONS:
1. Term and Rent. Lessor demises the above premises for a term of three (3)
years, commencing November 01, 1996 and terminating on February 28, 1999 or
sooner as provided herein at the annual rental of ($See attached exhibit A)
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 manufacturing. 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:
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.
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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 30 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 claim for damages, no matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate
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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
premise, 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
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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 30 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 30 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 30 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 zero Dollars ($0) as security deposit 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 Lesser upon presentation of paid tax bills an amount equal
to DNA% 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.
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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.
18. Attorney's Fees. In case suit should be brought for recovery of the
premises, or for any sum due hereunder, or because of any 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. 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.
20. Heirs, Assigns, Successors. This lease is binding upon and inures to the
benefit of the heirs, assigns and successors in interest to the parties.
21. 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 for an
additional term of to be determined at a later date months commencing at the
expiration of the initial lease term. All of the terms and conditions of the
lease shall apply during the renewal term except that the monthly rent shall
be the sum of $TBD. The option shall be exercised by written notice given to
Lessor not less than 60 days prior to the expiration of the initial lease
term. If notice is not given in the manner provided herein within the time
specified, this option shall expire.
22. Subordination. This lease is and shall be subordinated to all existing and
future liens and encumbrances against the property.
23. 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:
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Signed this __ day of 19 __.
/s/ /s/
___________________________ _________________________
By : /s/ Xxxxxxxx Xxxxxx, Pres. By: /s/ Xxx Dodger, VP
------------------------------- -----------------------
Lessee Lessor
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ADDENDUM TO COMMERCIAL LEASE
THIS ADDENDUM to the Commercial Lease Agreement entered into by and between
Miniature Machine Corporation 9the "Lessor") and 21" Century Technologies.
Inc. (the "Lessee") this 21st day of December 1999, as follows:
WHEREAS, the parties desire to enter into this Addendum to continue a
commercial lease entered into by the Lessor and Lessee for the premises
located at 25 00 X. Xxxx 000 Xxxxx, Xxxx Xxxxx, Xxxxx; and
WHEREAS, the parties hereby attach a true cop), of the commercial lease as
Exhibit "A" and incorporate the same in its entirety by reference as if it
were set-forth in its entirety,
WITNESSETH
1. Continuation of Term and Rent. Lessor demises the above premises for a term
of two (2) years commencing from the date of expiration of the original
commercial lease on February 28, 1999 and continuing until February 28, 2001
at a monthly rent set-forth in Exhibit "A" Sub-Paragraph "I". The rent shall
be payable in monthly installments in advances of the I" day of the month for
each month's rental during the term of this Addendum. All other conditions
set-forth in the Commercial Lease attached hereto as Exhibit "A" is
republished and affirmed as to Paragraphs 2 through 23.
2. Option to Terminate. Lessee reserves the right to terminate the lease as
renewed by this Addendum upon 60 days notice after February 28, 2000.
Agreed and Accepted By: Agreed and Accepted by:
Miniature Machine Corporation 21st Century Technologies, Inc.
By /s/ Signature illegible By: /s/ Xxxxxxxx Xxxxxx
-------------------------- ----------------------
Authorized Signatory Authorized Signatory
Dated: December 21, 1999 December 21, 1999
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