COMMERCIAL LEASE
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THIS LEASE is made this 17th day of November, 2003 between Xxxxx-Xxxxxx, LLC
herein called "Lessor", and Aptus Corp herein called "Lessee".
1. WITNESS: The lessor does hereby lease to lessee, and lessee does hereby lease
from lessor certain premises commonly known as: 0000 Xxxxxxxx Xxxxx, Xxxxx 000,
Xxxxxx, XX 00000 described as follows: Xxxx 00, 00 xxx 00 xx xxxxx 1105 of map
of New Tacoma, Washington Territory, according to plat filed for record February
3, 1875, in Tacoma, Xxxxxx County, Washington.
2. TERM: The term of this Lease shall commence on December 1, 2003 for a period
of one month and shall renew each month unless terminated by either party with
30 days notice. Specific terms of the month to month lease may be modified on 30
days notice.
3. RENT: Lessee covenants and agrees to pay Lessor, at Lessor's address, XXXXX
XXXXXX, LLC., 0000 XXXXXX XXXX. X., XXXXXXX, XX 00000, or to such other party or
at such other place as Lessor may hereafter designate, monthly rent in the
amount of FIVE HUNDRED FIFTY DOLLARS. Any rental payments received five or more
days after the beginning date of each rental period will be subject to a service
charge of FIFTY DOLLARS. Each year that the lease remains in effect after the
first full year, tenant shall pay to lessor an increase proportionate to the
United State Department of Labor , Bureau of Labor Statistics, Consumer Price
Index, U.S. City average for all urban consumers or any subsequent index that
replaces it.
5. BUSINESS PURPOSE: The premises are to be used for office/administrative
purposes and for no other business or purpose without the written consent of
Lessor. The Lessee shall not use the premises for illegal purposes. The Lessee
agrees that no stock of goods will be carried, or anything done in or about the
premises which will increase the present rate of insurance, provided, however,
if the Lessee shall engage in such business with the consent of the Lessor,
which business shall increase insurance rates, Lessee shall pay such increase.
6. UTILITIES AND FEES: Lessee agrees to pay all charges for light, heat,
garbage, sewer and water. In the event that the utilities are charged to the
building as a whole then the lessee will pay upon demand its proper and fair
share of said charges.
7. TAXES AND INSURANCE: In addition to the rent provided in paragraph 3, Lessee
agrees to pay the prorated share of real estate taxes and insurance and
assessments applicable to the premises which are due and payable during the term
of this Lease or any extension hereof. Should there presently be in effect or
should there be enacted during the term of this Lease any law, statute or
ordinance levying any tax (other than Federal or State income taxes) upon rents,
Lessee shall pay such tax or shall reimburse Lessor on demand for any such taxes
paid by Lessor.
8. REPAIRS: The premises have been inspected and are accepted by Lessee in their
present condition, and Lessee will at all times keep the premises neat, clean
and in a sanitary condition. Lessee will replace any glass of all windows and
doors as may become cracked or broken. Except for reasonable wear and tear and
damage by unavoidable casualty, Lessee will at all times preserve said premises
in as good repair as they now are or may hereafter be put to. All repairs shall
be at Lessee's sole cost and expense, except outside walls, roof and foundation.
Lessee agrees that at the expiration or sooner termination of the lease, Lessee
will quit and surrender the said premises without notice, and in a neat and
clean condition, and will deliver up all keys belonging to said premises to the
Lessor or Lessor's agent.
9. NOTICES: Any notice required to be served in accordance with the terms of
this lease, shall be sent by mail, the notice from the Lessee to be sent to the
Lessor, and the notice from the Lessor to be sent to Lessee at the leased
premises.
10. SIGNS: All signs or symbols placed in the windows or doors of the premises,
or upon any exterior part of the building by the Lessee shall be subject to the
approval of the Lessor. Any signs so placed on the Premises shall be so placed
upon the understanding and agreement that Lessee will remove same at the
termination of the tenancy herein created and repair any damage or injury to the
premises caused thereby, and if not so removed by Lessee then Lessor may have
same so removed at Lessee's expense.
11. ALTERATIONS: Lessee shall not make any alterations, additions or
improvements in said premises, without the prior written consent of Lessor, and
all alterations, additions and improvements which shall be made, shall be at the
sole cost and expense of Lessee, and shall become the property of the Lessor,
and shall remain in and be surrendered with the premises as a part thereof of
the termination of this lease, without disturbance, molestation or injury. If
the Lessee shall perform work with the consent of the Lessor, as aforesaid,
Lessee agrees to comply with all laws, ordinances, rules and regulations of the
applicable city or any other authorized public authority. The Lessee further
agrees to save the Lessor free and harmless from damage, loss of expense arising
out of the said work. Lessee agrees that Lessor has the right to make
alterations to the premises and to the building in which the premises are
situated and Lessor shall not be liable for any damage which Lessee might suffer
by reasons of such undertaking.
12. DEFAULT & RE-ENTRY: If Lessee shall fail to keep and perform any of the
covenants and agreements herein contained, other than the payment of rent, and
such failure continues for thirty (30) days after written notice from Lessor,
unless appropriate action has been taken by Lessee in good faith to cure such
failure, Lessor may terminate the Lease and re-enter the premises, or Lessor
may, without terminating this Lease, re-enter said premises, and sublet the
whole or any part thereof for the account of the Lessee upon as favorable terms
and conditions as the market will allow for the balance of the term of this
Lease and Lessee covenants and agrees to pay to Lessor any deficiency arising
from a reletting of the premises at a lesser amount than herein agreed to.
Lessee shall pay such deficiency each month as the amount thereof is ascertained
by Lessor. However, the ability of Lessor to re-enter and sublet shall not
impose upon Lessor the obligation to do so.
13. COST & ATTORNEY'S FEES: If, by reason of any default or breach on the party
of either party in the performance of any of the provisions of this Lease, a
legal action is instituted, the losing party agrees to pay all reasonable costs
and attorney's fees in connection therewith. It is agreed that the venue of any
legal action brought under the terms of this Lease must be in the county in
which premises are situated.
14. NON-WAIVER OF BREACH: The failure of the Lessor to insist upon strict
performance of any of the covenants and agreements of this lease, or to exercise
any option herein conferred in any one or more instances, shall not be construed
to be a waiver or relinquishment of any such, or any other covenants or
agreements, but the same shall be and remain in full force and effect.
15. REMOVAL OF PROPERTY: In the event of any entry in, or taking possession of,
the leased premises as aforesaid, the Lessor shall have the right, but not the
obligation, to remove from the leased premises all personal property located
therein, and may store the same in any place selected by Lessor, including but
not limited to a public warehouse, at the expense and risk of the owners
thereof, with the right to sell such stored property, without notice to Lessee,
after it has been stored for a period of thirty (30) days or more, the proceeds
of such sale to be applied first to the cost of such sales, second to the
payment of the charges for storage, if any, and third to the payment of any
other sums of money which may then be due from Lessee to Lessor under any of the
terms hereof, the balance, if any, to be paid to Lessee.
16. HEIRS AND SUCCESSORS: Subject to the provisions hereof pertaining to
assignment and subletting, the covenants and agreements of this lease shall be
binding upon the heirs, legal representatives, successors and assigns of any or
all of the parties hereto.
17. SUBORDINATION: Lessee agrees that this Lease shall be subordinate to any
mortgages or deeds of trust, placed on the premises or property.
18. COMMON AREAS: If the premises are part of a building occupied by other
tenants, Lessee agrees to conform to Lessor's rules and regulations pertaining
to the parts of the building that are in common use by tenants.
19. CONDEMNATION: In the event a substantial part of the premises is taken by
the right of eminent domain, or purchased by the condemnor, in lieu thereof, so
as to render the remaining premises untenantable, then this lease shall be
canceled as of the time of taking at the option of either party. In the event of
a partial taking which does not render the premise untenantable, the rent shall
be reduced in direct proportion to the taking. Lessee shall have no claim to any
portion of the compensation for the taking of the land or building.
20. LIENS AND INSOLVENCY: Lessee shall keep the leased premises and the property
in which the leased premises are situated, free from any liens arising out of
any work performed, materials furnished or obligations incurred by Lessee. In
the event Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if
a receiver, assignee or other liquidating officer is appointed for the business
of the Lessee, then the Lessor may cancel this lease at Lessor's option.
21. SUBLETTING OR ASSIGNMENT: Lessee shall not sublet or assign the premises
without the Landlord's prior written consent, which consent shall not be
unreasonably withheld.
22. ACCESS: Lessor shall have the right to enter the premises during business
hours for the purpose of inspection or of making repairs, additions or
alterations, and to show the premises to prospective tenants for sixty (60) days
prior to the expiration of the Lease term. In case of a building emergency or
need rising out of potential damage to the building, lessor will try to contact
lessee; in the event no contact is possible, lessor may enter premises.
23. POSSESSION: In the event of the inability of Lessor to deliver possession of
the premises, or any portion thereof, at the time of the commencement of the
term of this lease, neither Lessor nor Lessor's agent shall be liable for any
damage caused thereby, nor shall this lease thereby become void or voidable, nor
shall the term herein specified be in any way extended, but in such event,
Lessee shall not be liable for any rent until such time as Lessor can deliver
possession. If the Lessor shall deliver possession of the premises to the Lessee
prior to the commencement date of this lease, Lessee agrees to accept same at
such time and both Lessor and Lessee agree to be bound by all of the provisions
and obligations hereunder during such prior period, except that no rental shall
be payable for such prior period.
24. DAMAGE OR DESTRUCTION: In the event the premises are rendered untenantable
in whole or in part by fire, the elements, or other casualty, Lessor may elect,
at its option, not to restore or rebuild the premises and shall so notify
Lessee, in which even Lessee shall vacate the premises and this Lease shall be
terminated; or, in the alternative, Lessor shall notify Lessee, within thirty
(30) days after the notice of such casualty, that Lessor will undertake to
rebuild or restore the premises, and that such work can be completed within one
hundred eighty (180) days from date of such notice of intent, and Lessee may
elect, at its option, to terminate this lease. If Lessor is unable to restore or
rebuild the premises within the said one hundred eight (180) days, and Lessee
did not earlier elect to terminate, then the Lease may be terminated at Lessee's
option by written ten (10) days notice to Lessor. During the period of
untenantability, rent shall xxxxx in the same ration as the portion of the
premises rendered untenantable bears to the whole of the premises.
25. ACCIDENTS AND LIABILITY: Lessor or its agent shall not be liable for, and
Lessee agrees to defend and hold Lessor and its agents harmless from, any claim,
action and/or judgment for damages to property or injury to persons suffered or
alleged to be suffered on the premises by any person, firm or corporation,
unless caused by Lessor's negligence.
Lessee agrees to maintain public liability insurance on the premises in
the minimum limit of $25,000 for property damage and in the minimum of
$100,000/$300,000 for bodily injuries and death, and shall name Lessor as an
additional insured. Lessee shall furnish Lessor a certificate indicating that
the insurance policy is in full force and effect, the Lessor has been named as
an additional insured, and that the policy may not be canceled unless ten (10)
days prior written notice of the proposed cancellation has been given to Lessor.
26. SUBROGATION WAIVER: Lessor and Lessee each herewith and hereby releases and
relieves the other and waives its entire right of recovery against the other for
loss or damage arising out of or incident to the perils described in standard
fire insurance policies and all perils described in the "Extended Coverage"
insurance endorsement approved for use in the state where the premises are
located, which occurs in, on or about the Premises, unless due to the negligence
of either party, their agents, employees or otherwise.
27. DISTURBANCE: In the event of disturbance to the business interest of the
other occupants on the other floors of the building caused by the operation of
the Lessees business, Lessee agrees to abide by reasonable rules as maybe
required to be made by the Lessor.
28. TIME IS OF THE ESSENCE in the interpretation of this lease.
Xxxxx Xxxxxx, LLC. by: Lessee: Aptus Corp. by:
/s/ Xxxxxx Xxxxx /s/ Xxxx X. Xxxxx
Xxxxxx Xxxxx-Manager, Xxxxx Xxxxxx, LLC President
