SOUTH CAROLINA Xxxxxxxx xxx Xxxxx 000 xx
XXXXXXXXXX XXXXXX 4055 Faber Place Drive
The Executive Park
Faber Place
This Sublease is made this 1st day of August, 1996, by and between
ENVIROMETRICS, INC., successor by merger to Trico Envirometrics, Inc.
("Sublessor") and TRICO ENGINEERING CONSULTANTS, INC. ("Sublessee"); and LPC of
SC, INC. (a subsidiary of The Liberty Corporation) ("Landlord").
WITNESSETH:
WHEREAS, Landlord leased approximately 9,094 square feet of office space to
Trico Envirometrics, Inc. described as Suite 102 (inclusive of Suite 210) of the
commercial office building located at 4055 Faber Place Drive in The Executive
Park at Faber Place in North Charleston, South Carolina (the "Demised
Premises"), pursuant to that certain office lease dated January 17, 1996 (the
"Lease"); and
WHEREAS, Envirometrics, Inc. is the successor by merger to Trico
Envirometrics, Inc., and therefore, is now the tenant under the Lease;
WHEREAS, Sublessee desires to sublease a portion of the Demised Premises
known as Suite 201 consisting of approximately 6243 square feet rentable and
Sublessor desires to sublet Suite 201 to Sublessee;
WHEREAS, Landlord consents to this Sublease, and all of the requirements
set forth in Section 10 of the Lease have been completely satisfied.
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Sublessee hereby takes and
leases from Sublessor approximately 6243 square feet rentable in the Demised
Premises known as Suite 201 (the "Premises") in the commercial office building
located at 4055 Faber Place in The Executive Park at Faber Place in North
Charleston, South Carolina, according to the terms and conditions of the Lease
which is attached hereto as Exhibit A and incorporated by reference as fully as
if set forth herein. All defined terms contained in the Lease shall be used
herein with the same meaning unless otherwise expressly defined herein.
Sublessee acknowledges that it has received a copy of the lease and has reviewed
it to its satisfaction. The parties agree as follows:
1. Incorporation of Recitals. The above recitals are incorporated herein by
reference.
2. Incorporation of Lease Amendment. Except as provided herein, the terms
and conditions of the Lease are incorporated into this Sublease by reference.
All of the obligations contained in the Lease, except as modified
and amended by this Sublease, and all rights and privileges conferred upon
Sublessor as tenant therein, are hereby also conferred and imposed upon
Sublessee. Sublessee covenants and agrees to fully and faithfully perform the
terms and conditions of the Lease and this Sublease. Sublessee shall not do or
cause to be done or suffer or permit any act to be done which would or might
cause the Lease, or the rights of the Sublessor under the Lease to be
endangered, canceled, terminated, forfeited or surrendered, or which would or
might cause Sublessor to be in default thereunder or liable for any damages,
claim or penalty.
3. Term; Payment of Rent. Sublessee shall lease the Premises from Sublessor
commencing as of February 1, 1996 and continuing until January 31, 1999 at the
following rent schedule:
Effective Dates Rate Annual Monthly
02/01/96 - 01/31/97 $14.63 $91,335.09 $7,611.26
02/01/97 - 01/31/98 $15.86 $99,013.98 $8,251.16
02/01/98 - 01/31/99 $16.49 $102,947.07 $8,578.92
such amounts listed above should be paid in advance on the fifteenth day of
each month during the term of this Sublease, and shall be due and owing without
notice, demand, abatement, deduction or set-off.
Rent and any other charges to be paid by Sublessee to Sublessor will be
paid when due at such times as are specified above directly to Landlord with
verification of payment to be sent to:
c/o Envirometrics, Inc. 0000 Xxxxxxxxxx Xxxxxxxxx Xxxxxxxxxx, XX 00000
Attention: Xxxxxx X. Xxxxxxx, III
4. Indemnification. Sublessee hereby agrees to defend, indemnify, and save
Sublessor harmless from any liability resulting from any claim, action or suit
made against Sublessor by Landlord in connection with Sublessee's breach of the
Lease or this Sublease.
5. Notices. Any notice, demand or other instrument or written communication
required or permitted to be given, or served hereunder, shall be made or
delivered by hand delivery or by mailing the same certified mail, postage
prepaid, and, if to Sublessor addressed as follows:
c/o Envirometrics, Inc.
0000 Xxxxxxxxxx Xxxxxxxxx
Xxxxxxxxxx, XX 00000
Attention: Xxxxxx X. Xxxxxxx, III
and to Sublessee addressed as follows:
Trico Engineering Consultants, Inc.
0000 Xxxxx Xxxxx Xxxxx, Xxxxx 000
Xxxxxxxxxx, XX 00000
Attention: Xxxxxx X. Xxxxxxxx, Xx.
7. Consent. Landlord hereby consents to the Sublease set forth herein. This
sublease may not be assigned, sublet or otherwise transferred without the prior
written consent of Landlord as set forth in Section 1 0 of the Lease.
8. Binding Agreement. This Sublease applies to and inures to the benefit
of, and binds all parties hereto and their respective heirs, legal
representatives, successors and assigns. This Sublease shall be construed in
accordance with the laws of the State of South Carolina.
IN WITNESS WHEREOF, the parties herein execute this Sublease for the
purpose herein expressed the day and year first written above. Signed, sealed
and delivered in the presence of:
WITNESSETH: SUBLESSOR:
ENVIROMETRICS, INC., successor by merger to Trico
Envirometrics, Inc.
By:
Name: Xxxxxx X. Xxxxxxx, III
Title: President and CEO
SUBLESSEE:
TRICO ENGINEERING CONSULTANTS, INC.
By:
Name: Xxxxxx X. Xxxxxxxx, Xx.
Title: President
