This Lease Agreement, made the day of 0000,
Xxxxxxx
Xxxxxxxx
XXXXXXX XXXXXXXX
residing or located at R.D. 1, Xxx 000X, Xxx Xxxxxxxx, XX 00000 in the
of in the County of and
State of , herein designated as the LandLord,
And
Tenant
ABLE OIL, INC.
about to reside at or located at 000 Xxxxx
00 in the Township of Rockaway, in the County of Xxxxxx and State of New Jersey,
herein designated as the Tenant;
Premises
Witnesseth that, the Landlord does hereby lease to the Tenant and the
Tenant does hereby rent from the Landlord, the following described premises:
Xxx 00, Xxxxx 00, the Tax Map of the Township of Rockaway commonly known as 000
Xxxxx 00, Xxxxxxxx, Xxx Xxxxxx consisting of two buildings, a portion of which
is to be used by the Tenant, the long bay parking garage in the first building,
and the parking area around the premises, the lower portion of the rear
building, and storage of fuel in the fuel tanks.
Term
for a term of commencing on 19 , and ending
on 19 to be used and occupied only and for no other purpose than
Use
storage and delivery of fuel oils, storage of vehicles and office space.
Upon the following Conditions and Covenants:
1st: The Tenant covenants and agrees to pay to the Landlord, as rent for
and during the term hereof, the sum of in
the following manner:
Payment of Rent
ONE THOUSAND TWO HUNDRED DOLLARS AND 00/100 ($1,200.00) per month plus 1(cent)
per gallon for the use of the tank facilities and rack.* Landlord and tenant
further agree that for any sub-parking on the premises the parties shall split
the rental fee 50/50. *l(cent) per gallon through put, as per monthly rack meter
reading.
Repairs and Care
2nd: The Tenant has examined the premises and has entered into this lease
without any representation on the part of the Landlord as to the condition
thereof. The Tenant shall take good care of the promises and shall at the
Tenant's own cost and expense, make all repairs, including painting and
decorating, and shall maintain the premises in good condition and state of
repair, and at the end or other expiration of the term hereof, shall deliver up
the rented premises in good order and condition, wear and tear from a reasonable
use thereof, and damage by the elements not resulting from the neglect or fault
of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the
sidewalks, driveways, yards, entrances, hallways and stairs, but shall keep and
maintain the same in a clean condition, free from debris, trash, refuse, snow
and ice. See Rider attached.
Compliance with Laws etc.
3rd: The Tenant shall promptly comply with all laws, ordinances, rules,
regulations, requirements and directives of the Federal, State and Municipal
Governments or Public Authorities and of all their departments, bureaus, and
subdivisions, applicable to and affecting the said premises, their use and
occupancy, for the correction, prevention and abatement of nuisances, violations
or other grievances in, upon or connected with the said premises, during the
term hereof; and shall promptly comply with all orders, regulations,
requirements and directives of the Board of Fire Underwriters or similar
authority and of any insurance companies which have issued or are about to issue
policies of insurance covering the said premises and its contents, for the
prevention of fire or other casualty, damage or injury, at the Tenant's own cost
and expense.
Assignment
4th: The Tenant shall not assign, mortgage or hypothecate this lease, nor
sublet or sublease the premises or any part thereof; nor occupy or use the
leased premises or any part thereof, nor permit or suffer the same to be
occupied or used for any purposes other that as herein limited, nor for any
purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or
other casualty. The landlord shall not unreasonably withhold his consent to any
subletting of said premises.
Alterations Improvements
5th: No alterations, additions, or improvements shall be made, and no
climate regulating, air conditioning, cooling, heating or sprinkler systems,
television or radio antennaes, heavy equipment, apparatus and fixtures, shall be
installed in or attached to the leased premises, without the written consent of
the Landlord. Unless otherwise provided herein, all such alterations, additions
or improvements and systems, when made, installed in or attached to the said
premises, shall belong to and become the property of the Landlord and shall be
surrendered with the premises and as part thereof upon the expiration or sooner
termination of this lease, without hindrance, molestation or injury.
Fire and other Casualty
6th: In case of fire or other casualty, the Tenant shall give immediate
notice to the Landlord. If the premises shall be partially damaged by fire, the
elements or other casualty, the Landlord shall repair the same as speedily as
practicable, but the Tenant's obligation to pay the rent hereunder shall not
cease. If, in the opinion of the Landlord, the premises be so extensively and
substantially damaged as to render them untenantable, then the rent shall cease
until such time as the premises shall be made tenantable by the Landlord. In no
event, however, shall the provisions of this clause become effective or be
applicable, if the fire or other casualty and damage shall be the result of the
carelessness, negligence or improper conduct of the Tenant or the Tenant's
agents, employees, guests, licensees, invitees, subtenants, assignees or
successors. In such case, the Tenant's liability for the payment of the rent and
the performance of all the covenants, conditions and terms hereof on the
Tenant's part to be performed shall continue and the Tenant shall be liable to
the Landlord for the damage and loss suffered by the Landlord. If the Tenant
shall have been insured against any of the risks herein covered, then the
proceeds of such insurance shall be paid over to the Landlord to the extent of
the Landlord's costs and expenses to make the repairs hereunder, and such
insurance carriers shall have no recourse against the Landlord for
reimbursement.
Inspection and Repair
7th: The Tenant agrees that the Landlord and the Landlord's agents,
employees or other representatives, shall have the right to enter into and upon
the said premises or any part thereof, at all reasonable hours, for the purpose
of examining the same or making such repairs or alterations therein as may be
necessary for the safety and preservation thereof. This clause shall not be
deemed to be a covenant by the Landlord nor be construed to create an obligation
on the part of the Landlord to make such inspection or repairs.
Right to Exhibit
8th: The Tenant agrees to permit the Landlord and the Landlord's agents,
employees or other representatives to show the premises to persons wishing to
rent or purchase the same, and Tenant agrees that on and after 3 months next
preceding the expiration of the term hereof, the Landlord or the Landlord's
agents, employees or other representatives shall have the right to place notices
on the front of said premises or any part thereof, offering the premises for
rent or for sale; and the Tenant hereby agrees to permit the same to remain
thereon without hindrance or molestation.
Glass, etc. Damage Repairs
[ILLEGIBLE] of or any damage to the glass in the leased premises, or the
destruction or damage of any kind whatsoever to the said premises, caused by the
carelessness, negligence or improper conduct on the part of the Tenant or the
Tenant's [ILLEGIBLE] employees, guests licensees, invitees, subtenants,
assignees or successors, the Tenant shall repair the said damage [ILLEGIBLE]
replace or restore any destroyed parts of the premises, as [ILLEGIBLE] as
possible, at the Tenant's own cost and expense.
Signs
10th: The Tenant shall not place nor allow to be placed any signs of any
kind whatsoever, upon, in or about the said premises or any part thereof, except
of a design and structure and in or at such places as may be indicated and
consented to by the Landlord in writing. In case the Landlord or the Landlord's
agents, employees or representatives shall deem it necessary to remove any such
signs in order to paint or make any repairs, alternations or improvements in or
upon said premises or any part thereof, they may be so removed, but shall be
replaced at the Landlord's expense when the said repairs, alterations or
improvements shall have been completed. Any signs permitted by the Landlord
shall at all times conform with all municipal ordinances or other laws and
regulations applicable thereto.
Non-Liability of Landlord
11th: The Landlord shall not be liable for any damage or injury which may
be sustained by the Tenant or any other person, as a consequence of the failure,
breakage, leakage or obstruction of the water, plumbing, steam, sewer, waster or
soil pipes, roof, drains, leaders, gutters, valleys, downsprouts or the like or
of the electrical, gas, power, conveyor, refrigeration, sprinkler,
airconditioning or heating systems, elevators or hoisting equipment; or by
reason of the elements; or resulting from the carelessness, negligence or
improper conduct on the part of any other Tenant or of the Landlord or the
Landlord's or this or any other Tenant's agents, employees, guests, licensees,
invitees, subtenants, assignees or successors; or attributable to any
interference with, interruption of or failure, beyond the control of the
landlord, of any services to be furnished or supplied by the Landlord.
Mortgage Priority
Security
13th: The Tenant has this day deposited with the Landlord the sum of
_______ as security for the payment of the rent hereunder and the full and
faithful performance by the Tenant of the convenants and conditions on the part
of the Tenant to be performed. Said sum shall be returned to the Tenant, without
interest, after the expiration of the term hereof, provided that the Tenant has
fully and faithfully performed all such convenants and conditions and is not in
arrears in rent. During the term hereof, the Landlord may, if the Landlord so
elects, have recourse to such security, to make good any default by the Tenant,
in which event the Tenant shall, on demand, promptly restore said security to
its original amount. Liability to repay said security to the Tenant shall run
with the reversion and title to said premises, whether any change in ownership
thereof be by voluntary alienation or as the result of judicial sale,
foreclosure or other proceedings, or the exercise of a right of taking or entry
by any mortgagee. The Landlord shall assign or transfer said security, for the
benefit of the Tenant, to any subsequent owner or holder of the reversion or
little to said premises, in which case the assignee shall become liable for the
repayment thereof as herein provided, and the assignor shall be deemed to be
released by the Tenant from all liability to return such security. This
provision shall be applicable to every alienation or change in title and shall
in no wise be deemed to permit the Landlord to retain the security after
termination of the Landlord's ownership of the reversion or title. The Tenant
shall not mortgage, encumber or assign said security without the written consent
of the Landlord.
Increase of Insurance Rates
14th: If for any reason it shall be impossible to obtain fire and other
hazard insurance on the buildings and improvements on the leased premises, in an
amount and in the form and in insurance companies acceptable to the Landlord,
the Landlord may, if the Landlord so elects at any time thereafter, terminate
this lease and the term hereof, upon giving to the Tenant fifteen days notice in
writing of the Landlord's intention so to do, and upon the giving of such
notice, this lease and the term thereof shall terminate. If by reason of the use
to which the premises are put by the Tenant or character of or the manner in
which the Tenant's business is carried on, the insurance rates for fire and
other hazards shall be increased, the Tenant shall upon demand, pay to the
Landlord, as rent, the amounts by which the premiums for such insurance are
increased. Such payment shall be paid with the next installment of rent but in
no case later than one month after such demand, whichever occurs sooner.
Utilities
15th: The Tenant shall pay when due all rents or charges for water or
other utilities used by the Tenant, which are or may be assessed or imposed upon
the leased premises or which are or may be charged to the Landlord by the
suppliers thereof during the term hereof, and if not paid, such rents or charges
shall be added to and become payable as additional rent with the installment of
rent next due or within 30 days of demand therefor, whichever occurs sooner.
Condemnation Eminent Domain
16th: If the land and premises leased herein, or of which the leased
premises are a part, or any portion thereof, shall be taken under eminent domain
or condemnation proceedings, or if suit or other action shall be instituted for
the taking or condemnation thereof, or if in lieu of any formal condemnation
proceedings or actions, the Landlord shall grant an option to purchase and or
shall sell and convey the said premises or any portion thereof, to the
governmental or other public authority, agency, body or public utility, seeking
to take said land and premises or any portion thereof, then this lease, at the
option of the Landlord, shall terminate, and the term hereof shall end as of
such date as the Landlord shall fix by notice in writing; and the Tenant shall
have no claim or right to claim or be entitled to any portion of any amount
which may be awarded as damages or paid as the result of such condemnation
proceedings or paid as the purchase price for such option sale or conveyance in
lieu of formal condemnation proceedings; and all rights of the tenant to
damages, if any, are hereby assigned to the Landlord. The Tenant agrees to
execute and deliver any instruments, at the expense of the Landlord, as may be
deemed necessary or required to expedite any condemnation proceedings or to
effectuate a proper transfer of title to such governmental or other public
authority, agency, body or public utility seeking to take or acquire the said
lands and premises or any portion thereof. The Tenant covenants and agrees to
vacate the said premises, remove all the Tenant's personal property therefrom
and deliver up peaceable possession thereof to the Landlord or to such other
party designated by the Landlord in the aforementioned notice. Failure by the
Tenant to comply with any provisions in this clause shall subject the Tenant to
such costs, expenses, damages and losses as the Landlord may incur by reason of
the Tenant's breach hereof.
Remedies upon Tenant's Default
17th: If there should occur any default on the part of the Tenant in the
performance of any conditions and convenants herein contained, or if during the
term hereof the premises or any part thereof shall be or become abandoned or
deserted, vacated or vacant, or should the Tenant be evicted by summary
proceedings or otherwise, the Landlord, in addition to any other remedies herein
contained or as may be permitted by law, may either by force or otherwise,
without being liable for prosecution therefor, or for damages, re-enter the said
premises and the same have and again possess and enjoy; and as agent for the
Tenant or otherwise, re-let the premises and receive the rents therefor and
apply the same, first to the payment of such expenses, reasonable attorney fees
and costs, as the Landlord may have been put to in re-entering and repossessing
the same Tenant shall remain liable for such rents as may be in arrears and also
the rents as may accrue subsequent to the re-entry by the Landlord, to the
extent of the difference between the rents reserved hereunder and the rents, if
any, received by the Landlord during the remainder of the unexpired term hereof,
after deducting the aforementioned expenses, fees and costs; the same to be paid
as such deficiencies arise and are ascertained each month.
Termination of Default
18th: Upon the occurrence of any of the contingencies set forth in the
preceding clause, or should the Tenant be adjudicated a bankrupt, insolvent or
placed in receivership, or should proceedings be instituted by or against the
Tenant for the estate of the Tenant hereunder shall pass to another by virtue of
any court proceedings, writ of execution, levy, sale, or by operation of law,
the Landlord may, if the Landlord so elects, at any time thereafter, terminate
this lease and the term hereof, upon giving to the Tenant or to any trustee,
receiver, assignee or other person in charge of or acting as custodian of the
assets or property of the Tenant, five days notice in writing, of the Landlord's
intention so to do. Upon the giving of such notice, this lease and the term
hereof shall end on the date fixed in such notice as if the said date was the
date originally fixed in this lease for the expiration hereof; and the Landlord
shall have the right to remove all persons, goals, fixtures and chattels
therefrom, by force or otherwise, without liability for damages.
Removal of Tenant's Property
19th: Any equipment, fixtures, goods or other property of the Tenant, not
removed by the Tenant upon the termination of this lease, or upon any quitting,
vacating or abandonment of the premises by the Tenant, or upon the Tenant's
eviction, shall be considered as abandoned and the Landlord shall have the
right, without any notice to the Tenant, to sell or otherwise dispose of the
same, at the expense of the Tenant, and shall not be accountable to the Tenant
for any part of the proceeds of such sale, if any.
Reimbursement of Landlord
20th: If the Tenant shall fail or refuse to comply with and perform any
conditions and covenants of the within lease, the Landlord may, if the Landlord
so elects, carry out and perform such conditions and convenants, at the cost and
expense of the Tenant, and the said cost and expense shall be payable on demand,
or at the option of the Landlord shall be added to the installment of rent due
immediately thereafter but in no case later than one month after such demand,
whichever occurs sooner, and shall be due and payable as such. This remedy shall
be in addition to such other remedies as the Landlord may have hereunder by
reason of the breach by the Tenant of any of the covenants and conditions in
this lease contained.
Non-Performance by Landlord
21st: This lease and the obligation of the Tenant to pay the rent
hereunder and to comply with the covenants and conditions hereof, shall not be
affected, curtailed, impaired or excused, because of the Landlord's inability to
supply any service or material called for herein, by reason of any rule, order,
regulation or preemption by any governmental entity, authority, department,
agency or subdivision or for any delay which may arise by reason of negotiations
for the adjustment of any fire or other casualty loss or because of strikes or
other labor trouble or for any cause beyond the control of the Landlord.
Validity of Lease
22nd: The terms, conditions, covenants and provisions of this lease shall
be deemed to be severable. If any clause of provision herein contained shall be
adjudged to be invalid or unenforceable by a court of competent jurisdiction or
by operation of any applicable law, it shall not affect the validity of any
other clause or provision herein, but such other clauses or provisions shall
remain, in full force and effect.
Non-Waiver by Landlord
[ILLEGIBLE] remedies, options and elections of the Landlord, expressed
herein, are cumulative, and the failure of the Landlord to enforce strict
performance by the Tenant of the conditions and convenants of this lease or to
exercise any electic option or to resort or have recourse to any remedy herein
contained or the acceptance by the Landlord of any installment [ILLEGIBLE] after
any breach by the Tenant, in any one or more [ILLEGIBLE] shall not be construed
or deemed to be a waiver or a [ILLEGIBLE] for the future by the Landlord of any
such [ILLEGIBLE] and covenants, options, elections or remedies, but the same
shall continue in full force and effect.
Notices
24th: All notices, required under the terms of this lease shall be given
and shall be complete by mailing such notices by certified or registered mail,
return receipt requested, to the address of the parties as shown at the head of
this lease, or to such other address as may be designated in writing, which
notice of change of address shall be given in the same manner.
Title and Quiet Enjoyment
25th: The Landlord covenants and represents that the Landlord is the owner
of the premises herein leased and has the right and authority to enter into,
execute and deliver this lease; and does further covenant that the Tenant on
paying the rent and performing the conditions and covenants herein contained,
shall and may peaceably and quietly have, hold and enjoy the leased premises for
the term aforementioned.
Entire Contract
26th: This lease contains the entire contract between the parties. No
representative, agent or employee of the Landlord has been authorized to make
any representations or promises with reference to the within letting or to vary,
alter or modify the terms hereof. No additions, changes or modifications,
renewals or extension hereof, shall be binding unless reduced to writing and
signed by the Landlord and the Tenant.
Conformation with Laws and Regulations
The Landlord may pursue the relief or remedy sought in any invalid clause,
by conforming the said clause with the provisions of the statues or the
regulations of any governmental agency in such case made and provided as if the
particular provisions of the applicable statutes or regulations were set forth
herein at length.
In all references herein to any parties, persons, entities or corporations
the use of any particular gender or the plural or singular number is intended to
include the appropriate gender or number as the text of the within instrument
may require. All the terms, convenants and conditions herein contained shall be
for and shall inure to the benefit of and shall bind the respective parties
hereto, and their heirs, executors, administrators, personal or legal
representatives, successors and assigns.
In Witness Whereof, the parties hereto have hereunto set their hands and
seals, or caused these presents to be signed by their proper corporate officers
and their proper corporate seal to be hereto affixed, the day and year first
above written.
Signed, Sealed and Delivered
in the presence of
or Attested by ----------------------------
XXXXXXX XXXXXXXX Landlord
----------------------------
-----------------------------
ABLE OIL, INC. Tenant
XXXXXXX XXXXXXXXXX, President
RIDER TO CONTRACT
BETWEEN XXXXXXX XXXXXXXX AND ABLE OIL, INC.
1. In reference to repairs to the premises, the Landlord and Tenant agree that
the Tenant shall paint the 600,000 gallon tanks and the cost of such painting
and repair will be split 50/50 with the Landlord.
2. Landlord agrees to be responsible for maintaining the tanks and the tank
equipment. The remaining portion of the existing property shall be maintained by
the Tenant. All repairs necessary for the tanks and the tank equipment shall be
the responsibility and paid for by the Landlord.
3. It is understood that the Tenant shall allow a certain amount of parking for
the existing tenants at the rear building specifically for the employees of said
Tenant. The Tenant herein shall be responsible for maintaining and paying for
all electrical, heat, and water, and other utilities used on the premises.
Tenant shall make arrangements with any other tenants for a pro rata share of
the expense of the utilities. Tenant agrees to maintain the property and remove
the snow when necessary.
4. A clarification of the actual space to be used by the Tenant shall be the
lover portion of the rear building, the long bay garage in the front building,
all the property except the parking at the front building required by the
tenants of the front building and all other available parking except for the
existing tenant at the rear building for their secretaries and other help for
said Tenant.
5. When Tenant takes possession of the premises, Tenant shall be deemed to have
accepted the premises as being satisfactory and in good condition as of the date
of such possession, except for the latent defects, minor details of
construction, decoration, and the mechanical adjustment, and any items set forth
on an environmental report to be supplied to the Tenant. Tenant is accepting the
premises subject to the existence of said environmental report and it is agreed
between the parties that the Tenant shall not be responsible for any of the
prior contamination or hazardous substances that are existing presently at the
premises. The parties acknowledge that the property has been used as a fuel oil
storage area for a number of years and the responsibility for any spillage or
other problems associated with the use of this property prior to the occupancy
of the Tenant are acknowledged by the Landlord and it is agreed that the Tenant
in no way is responsible for the existence of said pollutants, spills, or other
environmental contamination.
6. Tenant shall take good care of the premises throughout the term and maintain
and preserve same in the condition delivered to Tenant on the commencement date,
except for normal wear and tear. The Tenant shall not injure, deface, or commit
waste of the premises. Landlord shall be responsible for all structural
-2-
repairs and shall maintain, repair, and replace all plumbing, heating, air
conditioning, electrical and mechanical fixtures when required, and maintain and
make repairs to the parking area, and the exterior of the buildings. If any
structural repair or other repair or placement is required as a result of
negligence, carelessness, omission, improper conduct or alteration by the Tenant
or Tenant's visitors, Landlord shall make such repairs, but Tenant shall
reimburse Landlord, upon demand for the cost thereof. As previously mentioned,
the Landlord shall be responsible for the fuel oil tanks and equipment related
thereto located on the premises.
7. Supplementing the provisions previously set forth concerning the "hazardous
substance", or "hazardous waste", or "hazardous chemical", as such terms are
defined in the Environmental Clean-Up Responsibility Act of the State of New
Jersey (ECRA), the Spill Compensation and Control Act of the State of New Jersey
(The Spill Act), or the Comprehensive Environmental Responsibility Compensation
Liability Act of the United States, (The Compensation Act), it is understood
that all previously hazardous substances brought, kept or stored within the
premises or any portion thereof, and the operation of business upon the premises
or any portion thereof which has involved the generation, manufacture, refining,
transportation, treatment, storage, handling or disposal of hazardous substance,
hazardous waste or hazardous chemicals, above or below ground, or which would or
could result in the Landlord or the premises or any portion thereof being
subject to the provisions of ECRA, The Spill Act, and/or The Compensation Act
which will all be the responsibility of the Landlord. It is acknowledged
between the parties, however, that the Tenant's business shall be the storage
and transportation delivery of fuel oil. Landlord hereby agrees to immediately
provide to Tenant a copy of any correspondence, report, notice, order, findings,
declaration or other document relating to the Landlord's present obligations
under said Acts. The obligation of the Landlord under this Section shall survive
any termination of this Lease and the Tenant shall not be responsible for the
presently existing situation.
8. Landlord covenants and agrees that, upon the performance by Tenant of all of
the covenants, agreements, and provisions hereof on Tenant's part to be kept and
performed, Tenant shall have, hold, and enjoy the premises subject to the terms
of this Lease, including, but not limited to, the provisions previously
provided, however, at no diminution or abatement of the rent, additional rent or
other payment to Landlord shall be claimed by or allowed to Tenant for
inconvenience or discomfort arising from the making of any repairs or
improvements to the premises or the property, nor for any space taken to comply
with any law, ordinance, or order of any governmental authority, except as
provided for herein. The Tenant's rights hereunder are and shall be subject to
the existing state of title to the property and future easements affecting the
property, including, by way of illustration and not limitation, easements for
storm and sanitary sewers, drainages, ditches, and public utilities, and to all
existing and future real estate taxes, provided that the same will
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not render the premises unfit for the Tenant's use as a general commercial
office, storage of fuel oils, and parking and delivery, and transportation of
fuel oils.
9. If any term or provision of this Lease or the application thereof to any
person or circumstances shall, to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term or provision to persons
or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby and all other terms and provisions of this Lease
shall be valid and enforced to the fullest extent permitted by law.
10. Subject to any orders, laws, rules and/or shall regulations promulgated by
any governmental authority, Tenant shall be entitled to have access to the
premises 24 hours per day, seven days a week.
