COMMERCIAL LEASE EXHIBIT 6.4
This lease is made between MICROWAVE TRANSMISSION SYSTEMS, INC.,
Lessee, and P. XXXXX XXXXXXX, herein called Lessor, located at
Lessee hereby offers to lease from Lessor the premises situated in the
City of Xxxxxxxxxx, County of Dallas, State of Texas, described as
_________________________ , upon the following TERMS and CONDITIONS:
(Legal Description:
0000 Xxxxxxx Xxxx
Xxxxx, XX 00000
1. Term and Rent. Lessor demises the above premises to the Lessee
for a term of Months, commencing 4/1/99 and terminating on * as
provided herein at the monthly rental of $700.00. All rental payments shall
be made to Lessor, at the address specified above.
*Month to month basis, no deposit.
2. Use. Lessee shall use and occupy the premises for .
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 HVAC 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 and structural
foundations, which shall be maintained by Lessor. Lessor shall warrant that
existing HVAC systems shall be in proper operating order until
199 .
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.
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 of
subletting without consent shall be void and, at the option of the Lessor,
may terminate this lease.
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7. Utilities. Lessor shall maintain both water and electrical
service in Lessor's name. Upon receipt of xxxx the Lessor shall xxxx Lessee
(with copy of total bills attached). The billing for the electrical shall be
based on subtracting the sub meter reading of Xxxxx Advertising from the
electric xxxx and Lessee shall be responsible for the balance. The billing of
the water shall be based upon a pro-rata share of the whole xxxx identical to
the percentage of Lessee's space as compared to the entire building. Lessee
shall immediately reimburse Lessor for same. Lessee shall be solely
responsible for all telephone application, hookup, services, etc. and the
cost thereof.
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, and shall this lease be void or voidable, but Lessee
shall not be liable for any rent until possession is 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, (unless caused by the
negligence or willful misconduct of Landlord or it's agents or contractors)
and Lessee agrees to hold Lessor harmless from any claims for damages, no
matter how caused.
11. Insurance. Lessee, at his expense, shall maintain 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 entire premises or any material part
thereof or any material estate therein, or any other part of the building
materially affecting Lessee's use of the premises, 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's 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 partial destruction
of the premises during the term hereof, from any cause, Lessor shall
forthwith repair the same, provided that such repairs
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can be made within sixty (60) days under existing governmental laws and
regulation, 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 fore said, and in the event
that the 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
in with 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 other covenants or conditions hereof, Lessor shall give Lessee written
notice of such default and if Lessee does not cure any such default within 5
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 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' written notice to Lessee. On
the date specified in such notice the terms of this lease shall terminate,
and Lessee shall 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 -0- dollars ($ -0- ) as security 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 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 such 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 Lessor upon presentation of paid tax
bills an amount equal to 100% of the increase in taxes for Lessee's
proportionate share of the entire land and building occupied by Lessee. 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. Lessee has right to audit
such increases.
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17. 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.
18. 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.
19. Subordination. This lease is and shall be subordinated to all
existing and future liens and encumbrances against the property.
20. Lessor represents and warrants that (a) to the best of his
knowledge, as of the date of execution of the Lease there are no violations
outstanding in any governmental agency having jurisdiction over the leased
premises; (b) Lessor is the fee owner of the property containing the leased
premises; and (c) Lessor has the full right and authority to enter into the
Lease and the terms thereof.
21. Entire Agreement. The foregoing constitutes the entire
agreement between the parties and may be modified only by a writing signed by
both parties.
Signed this 1st day of April 1999 .
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Microwave Transmission Systems, Inc. P. Xxxxx Xxxxxxx
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By: /s/ Xxxxx Xxxx By: /s/ P. Xxxxx Xxxxxxx
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Lessee Lessor
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