LEASE-BUSINESS PROPERTY-SHORT TERM
Exhibit 10.15
LEASE-BUSINESS PROPERTY-SHORT TERM
THIS AGREEMENT, made and entered into this 14th day of December, 2005, by and
between Xxxxxx Rental (“Landlord”), whose address, for the purpose of this lease, is 0000 Xxxxx
Xxxxxx Xxxx, Xxxx X, Xxxxxx, Xxxx 00000; and Central Iowa Energy, LLC (CIE), 0000 0xx
Xxxxxx Xxxx, Xxxxx 0, Xxxxxx, Xxxx 00000 (“Tenant”).
The parties agree as follows:
Suite 1 and 2 of Xxxxxx True Value Plaza, approximately 2,800 square feet,
0000 Xxxxx Xxxxxx Xxxx, Xxxxxx, Xxxx 00000
0000 Xxxxx Xxxxxx Xxxx, Xxxxxx, Xxxx 00000
together with all improvements thereon, and all rights and easements, for a term beginning on the
1st day of August, 2005, and ending on the date CIE’s offices are constructed or sooner
is required by CIE.
2. RENT. Tenant agrees to pay Landlord as rent, two membership units in CIE per month during
the term of this lease. Rent for any partial month shall be prorated as additional rent. Tenant
shall, if not in default, have the option to lease premise for up to 18 months under this lease
agreement.
All sums shall be paid at the address of Landlord, or at such other places as Landlord may
designate in writing. Payment will be made once CIE terminates this lease. Payment will be in the
form of CIE membership units. Only at the time the lease
is terminated
(b) Tenant shall maintain the interior plumbing, sewer, electrical, and ventilation systems,
and keep all in good working order. Tenant shall be responsible for normal ongoing maintenance,
changing of filters, and routine servicing of the heating, cooling and ventilation systems. Tenant
shall maintain the interior of the property, including walls, ceiling, and floors, in good
condition.
(c) Landlord shall keep the following in good repair: roof, exterior walls, foundation,
exterior sewer, exterior plumbing, major HVAC component replacement, parking area, driveways,
sidewalks, and exterior decorating.
(d) Tenant shall be responsible for repair or replacement of HVAC up to $500.00 per
occurrence, maintain the premises in a reasonable safe, serviceable, clean and presentable
condition and, except for the repairs and replacements provided to be made by Landlord in
subparagraph (c) above, shall make all repairs, replacements and improvements to the premises,
INCLUDING ALL CHANGES, ALTERATIONS OR ADDTIONS ORDERED BY ANY LAWFULLY CONSTITUTED GOVERNMENT
AUTHORITY DIRECTLY RELATED TO TENANT’S USE OF THE PREMISES. Tenant shall make no structural
changes or alterations without the prior written consent of Landlord. All changes must meet ADA
requirements. Unless otherwise provided, tenant agrees to remove all snow and ice and other
obstructions from the sidewalk on or abutting the premises.
Landlord shall not be liable for damages for failure to perform as herein provided, or for any
stoppage for needed repairs or for improvements or arising from causes beyond the control of
Landlord, provided Landlord uses reasonable diligence to resume such services.
C. CERTIFICATE. Tenant to provide certificate of insurance upon possession, and annually
thereafter.
A. Each of the following shall constitute an event of default by Tenant: (1) Failure to pay
rent when due; (2) failure to observe or perform any duties, obligations, agreements, or conditions
imposed on Tenant pursuant to the terms of the lease; (3) abandonment of the premises.
“Abandonment” means the Tenant has failed to engage in its usual and customary business activities
on the premises for more than fifteen (15) consecutive business days; (4) institution of voluntary
bankruptcy proceedings by Tenant; institution of involuntary bankruptcy proceedings in which the
Tenant thereafter is adjudged a bankruptcy; assignment for the benefit of creditors of the
interest of Tenant under this lease agreement; appointment of a receiver for the property of
affairs of Tenant, where the receivership is not vacated within ten (10) days after the
appointment of the receiver; (5) imposition of a lien of any type on the premises will constitute
a default.
B. Landlord shall give Tenant a written notice specifying the default and giving the Tenant
ten days in which to correct the default. If there is a default (other than for nonpayment of a
monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent
efforts of the Tenant, Tenant shall propose an additional period of time in which to remedy the
default. Consent to additional time shall not be unreasonably withheld by Landlord. Landlord
shall not be required to give Tenant any more than three notices for the same default within any
365 day period.
A. Tenant agrees to pay for all improvements to the premises.
This Lease constitutes the entire agreement between Landlord and Tenant relative to the
Premises. There are no promises, agreement, understandings, inducements, warranties or
representations, oral or written, other than as set forth in the Lease. No broker was involved
with this Lease, and no brokerage commission is payable regarding this Lease. This Lease may be
modified or amended only by a written document duly executed by both parties.
LANDLORD: | TENANT: | |||||||||
Xxxxxx Rental | Central Iowa Energy, LLC. | |||||||||
An Iowa Partnership | An Iowa Corporation | |||||||||
By:
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/s/ Xxxxxxx X. Xxxxxx | By: | /s/ Xxxxx Xxxxxxxx | |||||||
Xxxxxxx Xxxx Xxxxxx, Partner | Xxx Xxxxxxxx, Chairman | |||||||||
Date:
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Dec 14, 2005 | Date: | 12-14-05 | |||||||