EXHIBIT 6.49
LEASE AGREEMENT
THIS AGREEMENT, entered into this 1st day of August, 1998, between
XXXXXXX XXXXXXX, XX., XXXXXX X. XxXXXX, and XXXXXX X. XXXXXX, hereinafter called
the Lessors or Landlord, parties of the first part, and XxXxxx & Xxxxxxx, Inc.,
a Pennsylvania Corporation, of the County of Alleghney and State of Pennsylvania
hereinafter called Lessee or tenant, party of the second part:
WITNESSETH, that the said Lessors or landlord does this day lease unto
said Lessee, and said Lessee does hereby hire and take as tenant XxXxxx &
Xxxxxxx, Inc., a Pennsylvania Corporation, under said Lessors the following
described premises:
ALL that piece of ground situate in the 00xx Xxxx, Xxxx xx Xxxxxxxxxx,
Xxxxxx of Allegheny, Commonwealth of Pennsylvania; an irregular parcel
containing 7.94 acres extending from MP 51.87 adjacent to Xxxx Avenue on the
Southeast to MP 52.23 near Crane Avenue on the Northwest, located on the north
side of the mainline in Pittsburgh, Allegheny County, Pennsylvania,
situate in the 00xx Xxxx, Xxxx xx Xxxxxxxxxx, Xxxxx of Pennsylvania, to be used
and occupied by the Lessee as a vehicle towing and transportation company and
attendant uses thereto, and for no other purposes or uses whatsoever, for the
term of five (5) years, subject and conditioned on the provisions of Clause Ten
of this Lease beginning the 1st day of August, 1998, and ending the 31st day of
July, 2003, at and for the agreed total rent of Eight Thousand One Hundred
Twenty Five ($8,125.00) Dollars per month, payable as follows:
All payments to be made to the Lessors on the first day of each and
every month in advance without demand at 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX
00000, or at such other place and to such other person, as the Lessors may from
time to time designate in writing.
The following express stipulations and conditions are made a part of
this Lease and are hereby assented to by the Lessee:
FIRST: The Lessee shall not assign this Lease, nor sub-let the
premises, without the written consent of the Lessors, which shall not be
unreasonably or arbitrarily withheld from Lessee.
SECOND: Lessee has examined and knows the condition of the premises,
and has received the same in good order and repair, except as herein otherwise
specified; that Lessee will keep premises in good repair, and on termination of
this Lease, will yield up the premises to Lessors in good condition and repair
(loss by fire and ordinary wear excepted). Lessee shall allow Lessors free
access to premises for purpose of examining or exhibiting same, or to make any
needful repairs or alterations of premises, to which Lessors and Lessee agree.
Lessors agrees that such access shall, to the extent possible, not be made or
sought in a manner that unreasonably interferes with the daily operation or
function of the business of Lessee. Lessee agrees to be subordinate to the
existing Lease of Lessors and Wheeling and Lake Erie Railway Company and the
Lessors herein.
THIRD: Lessee shall not be liable to Lessors for any damage occasioned
by a condition pre-existing to the formation of this agreement, environmental
damages resulting from its reasonable use of the premises, or damage done or
occasioned by the bursting, leaking or running of any cistern, tank, water,
stream, sewer or other pipe in, above, on or about building or premises, or for
any damage done or occasioned by water, snow or ice being on or coming through
roof, any trapdoor, water closet, waste pipe or otherwise. Lessee agrees to use
the premises solely in the lawful, diligent, and businesslike operation of a
vehicle towing and transportation company and attendant business thereto.
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FOURTH: Lessors affirms that the premises are heretofore in total
compliance with all federal, state, and local rules, regulations and ordinances
and that Lessors indemnifies and holds harmless Lessee from any infractions
thereof up to and including the date of this agreement. Lessee agrees to the
continued adherence to all such rules, regulations and ordinances and shall not
use said premises for any unlawful purpose. Lessee shall pay all ad valorem and
real estate taxes assessed upon the premises.
The Lessors, Xxxxxxx Xxxxxxx, Xx., Xxxxxx X. XxXxxx,
and Xxxxxx X. XxXxxx, shall perform all maintenance and repairs to the structure
necessitated directly or indirectly by the negligence or willful act or
omissions of the Lessors, its agents, employees or contractors.
The Lessee agrees that it will procure and maintain,
at its expense, in full force and effect with a financially responsible
insurance company: (a) workers compensation insurance with employers liability
insurance in the minimum limit of $100,000.00 workers compensation from an
appropriate state agency; (b) public liability insurance with completed
operations coverage with a minimum limit of $2,000,000.00 for bodily injury
limits in any one occurrence and a minimum limit of $100,000.00 for property
damages in any one occurrence; (c) fire casualty insurance policy on the subject
structure/building in an amount not less than Three Hundred Fifty Thousand
($350,000.00) Dollars. Lessee shall furnish Lessors at its address with
certificate of insurance evidencing the above required insurances and providing
that no such policy (policies) may be cancelled or changed materially without at
least thirty (30) days prior written notice to Lessors.
FIFTH: Lessee agrees not to allow the premises to be used for any
purpose other than that specified above. Lessee further agrees that no material
alterations shall be made to the premises absent prior written consent of the
Lessors which shall not be arbitrarily or unreasonably withheld.
SIXTH: Lessee shall maintain the premises in a clean, orderly, sanitary
and safe condition. Lessee shall not store, or permit to be stored on the
premises any trash or other unsightly materials except in properly closed
containers and except as that which is associated with the normal and ordinary
course of the vehicle towing and transportation business. Lessee at its own
expense shall be solely responsible for removal of ice and snow from the
premises, and care of the grass and shrubbery.
SEVENTH: Lessors shall repair any damage to the premises, which is not
the direct or indirect result of Lessee's willful conduct, negligence or fault.
So long as the premises remain fit for the operation of Lessee's business,
Lessee shall continue to pay the rents stipulated herein during such period of
repair.
EIGHTH: Lessors, with its agents, representatives and employees, shall
have the right to enter on the premises for the purposes of examination and
inspection to ascertain Lessee's compliance with the terms of this Lease and,
upon thirty (30) days' written notice to Lessee.
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NINTH: The parties to this Lease agree that the agreements herein
contained shall be binding upon, apply and insure to their respective heirs,
executors, administrators, successors and assigns.
TENTH: If the Lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against the Lessee, before the end of said term
the Lessors is hereby irrevocably authorized at its option, to cancel this
Lease, as for a default. Lessors may elect to accept rent from such receiver,
trustee, or other judicial officer during the term of their occupancy in their
fiduciary capacity without affecting Lessors' rights as contained in this
contract, but no receiver, trustee or other judicial officer shall ever have the
right, title or interest in or to the above-described property by virtue of this
contract.
IN WITNESS WHEREOF, the parties have executed this instrument for the
purpose herein expressed, the day and year above written.
"Lessors" "Tenant"
XxXxxx & Xxxxxxx, Inc.
/s/ Xxxxxxx Xxxxxxx, Xx. /s/ Xxxxxx X. Xxxxxxx
---------------------------- --------------------
Xxxxxxx Xxxxxxx, Xx., Lessor Vice President
/s/ Xxxxxx X. XxXxxx
----------------------------
Xxxxxx X. XxXxxx, Lessor
/s/ Xxxxxx X. XxXxxx
-----------------------------
Xxxxxx X. XxXxxx, Lessor
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