COMMERCIAL LEASE
THIS LEASE, made and entered into, this 21st day of February, 1997,
by and between
Parties: Xxx X. & Xxxxxxx X. Xxxxxx
0000 Xxxxx Xxxxxx Xxxxxx, Xx. Xxxxxxx, XX 00000
(000) 000-0000
hereinafter called Lessor, and
Xxxxxxx'x Metal, Inc.
X.X. Xxx 000
Xx. Xxxxxxx, XX 00000-0000
(000) 000-0000
hereinafter called Lessee,
WITNESSETH, That the said Lessor for and in consideration of the rents,
covenants and agreements hereinafter mentioned and hereby agreed to be paid,
kept and performed by said Lessee, or Lessees, successors and assigns, has
leased and by these presents does lease to said Lessee the following described
premises, situated in the County of St. Xxxxxxx, State of Missouri, to-wit:
Premises
Part of strip center located at 0000 Xxxxxxx 00 Xxxxx, Xx. Xxxxxxx, XX.
Containing approximately 5,000 square feet.
Use of Premises
To have and to hold the same, subject to the conditions herein
contained, and for no other purpose or business than that of storage, light
manufacturing, office and other uses permitted under applicable zoning
regulations.
Term and Rental
For and during the term of seven (7) years commencing on the first day of March
1997 and ending on the last day of February 2004, at the yearly rental of Thirty
Thousand ($30,000.00) Dollars, payable in advance in equal monthly installments
of Two Thousand Five Hundred Dollars ($2,500.00).
Rent checks to be payable to:
Xxx X. Xxxxxx
X.X. Xxx 000
Xx. Xxxxxxx, XX 00000
on the first day of each and every month during the said term.
Assignment or Sub-letting
This lease is not assignable, nor shall said premises or any part
thereof be sublet, used or permitted to be used for any purpose other than above
set forth without the written consent of the Lessor endorsed hereon; and if this
lease is assigned or the premises or any part thereof sublet without the written
consent of the Lessor, or if the Lessee shall become the subject of a court
proceeding in bankruptcy or liquidating receivership or shall make an assignment
for the benefit of creditors, this lease may by such fact or unauthorized act be
canceled at the option of the Lessor. Any assignment of this lease or subletting
of said premises or any part thereof with the written consent of the Lessor
shall not operate to release the Lessee from the fulfillment on Lessee's part of
the covenants and agreements herein contained to be by said Lessee performed,
nor authorize any subsequent assignment or subletting without the written
consent of the Lessor.
Repairs and Alterations
All repairs and alterations deemed necessary by Lessee shall be made by
said Lessee at Lessee's cost and expense with the consent of Lessor; and all
repairs and alterations so made shall remain as a part of the realty; all plate
and other glass now in said demised premises is at the risk of said Lessee, and
if broken, is to be replaced by and at the expense of said Lessee.
The Lessor reserves the right to prescribe the form, size, character
and location of any and all awnings affixed to and all signs which may be placed
or painted upon any part of the demised premises, and the Lessee agrees not to
place any awning or sign on any part of the demised premises without the written
consent of the Lessor, or to bore or cut into any column, beam or any part of
the demised premises without the written consent of Lessor. The Lessee and all
holding under said Lessee agrees to use reasonable diligence in the care and
protection of said premises during the term of this lease, to keep the water
pipes, sewer drains, heating apparatus, elevator machinery and sprinkler system
in good order and repair and to surrender said premises at the termination of
this lease in substantially the same and in as good condition as received,
ordinary wear and tear excepted.
The Lessee shall pay according to the rules and regulations of the
water department for all water used in the demised premises. The Lessee will
erect fire escapes on said premises at said Lessee's own cost, according to law,
should the proper authorities demand same.
The Lessee agrees to keep said premises in good order and repair and
free from any nuisance or filth upon or adjacent thereto, and not to use or
permit the use of the same or any part thereof for any purpose forbidden by law
or ordinance now in force or hereafter enacted in respect to the use or
occupancy of said premises. The Lessor or legal representatives may, at all
reasonable hours, enter upon said premises for the purpose of examining the
condition thereof and making such repairs as Lessor may see fit to make.
If the cost of insurance to said Lessor on said premises shall be
increased by reason of the occupancy and use of said demised premises by said
Lessee or other person under said Lessee, all such increase over the existing
rate shall be paid by said Lessee to said Lessor on demand. The Lessee agrees to
pay double rent for each day the lessee, or any one holding under the Lessee,
shall retain the demised premises after the termination of this lease, whether
by limitation or forfeiture.
Damage to Tenants' Property
Lessor shall not be liable to said Lessee or any other person or
corporation, including employees, for any damage to their person or property
caused by water, rain, snow, frost, fire, storm and accidents, or by breakage,
stoppage or leakage of water, gas, heating and sewer pipes or plumbing, upon,
about or adjacent to said premises.
The destruction of said building or premises by fire, or the elements,
or such material injury thereto as to render said premises unquestionably
untenantable for 60 days, shall at the option of said Lessor or Lessee produce
and work a termination of this lease.
If the Lessor and Lessee cannot agree as to whether said building or
premises are unquestionably untenantable for 60 days, the fact shall be
determined by arbitration; the Lessor and the Lessee shall each choose an
arbitrator within five days after either has notified the other in writing of
such damage, the two so chosen, before entering on the discharge of their
duties, shall elect a third, and the decision of any two of such arbitrators
shall be conclusive and binding upon both parties hereto.
If it is determined by arbitration, or agreement between the Lessor and
the Lessee, that said building is not unquestionably untenantable for 60 days,
then said Lessor must restore said building at Lessor's own expense, with all
reasonable speed and promptness, and in such a just and proportionate part of
said rental shall be abated until said premises have been restored.
Failure on the part of the Lessee to pay any installment of rent or
increase in insurance rate promptly as above set out, as and when the same
becomes due and payable, or failure of the lessee promptly and faithfully to
keep and perform each and every covenant, agreement and stipulation herein on
the part of the Lessee to be kept and performed, shall at the option of the
Lessor cause the forfeiture of this lease.
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Possession of the within demised premises and all additions and
permanent improvements thereof shall be delivered to Lessor upon ten days'
written notice that Lessor has exercised said option, and thereupon Lessor shall
be entitled to and may take immediate possession of the demised premises, any
other notice or demand being hereby waived. Any and all notices to be served by
the Lessor upon the Lessee for any rach of covenant of this lease, or otherwise,
shall be served upon the Lessee in person, or left with anyone in charge of the
premises, or posted upon some conspicuous part of said premises.
Re-Entry
Said Lessee will quit and deliver up the possession of said premises to
the Lessor or Lessor's heirs, successors, agents or assigns, when this lease
terminates by limitation or forfeiture, with all window glass replaced, if
broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler,
boiler and heating appliances in as good order and condition as the same are
now, or may hereafter be made by repair in compliance with all the covenants of
this lease, save only the wear thereof from reasonable and careful use.
But it is hereby understood, and Lessee hereby covenants with the
Lessor, that such forfeiture, annullment or voidance shall not relieve the
Lessee from the obligation of the Lessee to make the monthly payments of rent
hereinbefore reserved, at the times and in the manner aforesaid; and in case of
any such default of the Lessee, the Lessor may re-let the said premises as the
agent for and in the name of the Lessee at any rental readily obtainable,
applying the proceeds and avails thereof, first, to the payment of such expense
as the Lessor may be put to in re-entering, and then to the payment of said rent
as the same may from time to time become due, and toward the fulfillment of the
other covenants and agreements of the Lessee herein contained, and the balance,
if any, shall be paid to the Lessee; and the Lessee hereby covenants and agrees
that if the Lessor shall recover or take possession of said premises as
aforesaid, and be unable to re-let and rent the same so as to realize a sum
equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor
any and all loss of difference of rent for the residue of the term. The Lessee
hereby gives to the Lessor the right to place and maintain its usual "for rent"
signs upon the demised premises, in the place that the same are usually
displayed on property similar to that herein demised, for the last thirty days
of this lease.
1. Lessee is responsible for all utilities.
2. Lessee must furnish Lessor with a certificate of insurance annually
covering the company's liability, contents and glass breakage and
naming Xxx X. Xxxxxx as additional insured. Any increase in the cost of
insurance due to the nature of the operation of the Lessee will be an
expense of the Lessee.
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3. Lessee is responsible for formal maintenance and repairs. The exterior
walls and roof will be the responsibility of the Lessor.
4. Lessor will provide snow removal and xxxx lessee on a per job basis.
Cost not to exceed $100.00 for each removal and covers work for the
warehouse docks and parking area of both buildings.
5. Rental rate during any option period of this lease will be adjusted to
reflect the change that occurred in the CPI Index during the prior
lease period of this lease. The CPI-U Index for St. Louis at the
commencement of this lease is ________________.
6. Lessor and Lessee agree to pay all reasonable attorney's fees, court
costs and all other reasonable cost, expenses, and charges incurred by
the prevailing party in connection with the recovery of sums due under
this lease, or in any litigation or negotiation in which either party
shall, without its fault, become involved through or on account of this
lease or any act or omission of either party, their agents, employees
or contractors.
7. Lessor will provide fifty (50) parking spaces as being available for
Lessee.
8. Lessor will perform remodeling and refurbishing as listed on Schedule
A; attached to this lease.
9. At the completion of a proposed warehouse addition of approximately
5,000 square feet, Lessor and Lessee agree to combine the existing
lease on 19,400 square feet, expiring December 31, 1998, this new lease
expiring February 28, 2004; covering 5,000 square feet at 0000 Xxxxxxx
00 Xxxxx and the new 5,000 square feet warehouse addition into one
lease for a seven year period with an option to renew for three
additional one year periods, subject to a CPI Index adjustment. Lease
rate on the new warehouse addition to be $4.25 per square foot.
10. As used in this Lease, the term "casualty" shall mean any loss as a
result of those risks covered by an "all risk" property insurance
policy including, without limitation, fire, wind storm, earthquake,
vandalism, acts of God, and damage by the element.
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No Constructive Waiver
No waiver of any forfeiture, by acceptance of rent or otherwise, shall
waive any subsequent cause of forfeiture, or breach of any condition of this
lease; nor shall any consent by the Lessor to any assignment or subletting of
said premises, or any part thereof, be held to waive or release any assignee or
sub-lessee from any of the foregoing conditions or covenants as against him or
them; but every such assignee and sub-lessee shall be expressly subject thereto.
Whenever the word "Lessor" is used herein it shall be construed to
include the heirs, executors, administrators, successors, assigns or legal
representatives of the Lessor; and the word "Lessee" shall include the heirs,
executors, administrators, successors, assigns or legal representatives of the
Lessee and the words Lessor and Lessee shall include single and plural,
individual or corporation, subject always to the restrictions herein contained,
as to subletting or assignment of this lease.
IN WITNESS WHEREOF, the said parties aforesaid have duly executed the
foregoing instrument or caused the same to be executed the day and year first
above written.
/s/ Xxx X. Xxxxxx
Xxx X. Xxxxxx
/s/ Xxxxxxx X. Xxxxxx
Xxxxxxx X. Xxxxxx Lessor
Xxxxxxx'x Metal Inc.
/s/ Xxxxxxxx X. Xxxxxxxxx
By:
Lessee
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SCHEDULE A
LEASE ATTACHMENT:
Commercial lease date February 21, 1997
LESSOR: Xxx X. and Xxxxxxx X. Xxxxxx
LESSEE: Xxxxxxx'x Metal, Inc.
Remodeling and refurbishing for
0000 Xxxxxxx 00 Xxxxx
1) Remove brick dividers in center of area and walls along exterior walls
as designated on attached drawing. Any walls to remain are so
designated on the attached drawing.
2) Remove three (3) air handlers in the ceiling and repair roof.
3) After removing dryers, repair vent holes in the exterior wall with
blocks mortared in place to provide a normal wall finish.
4) Remove tile from floor, leaving concrete floor exposed.
5) Remove glass in front of building and replace with masonry wall with
some windows at the top of the wall to provide ventilation and provide
two (2) entry ways for access to the area. One entry way to be a single
service door and the second entry way to be a double width door.
6) Replace ceiling tile where walls have been removed and install
additional ceiling tiles in the area where the dryers have been
removed.
7) Remodel existing bathroom to include a vanity and construct a new bath
to provide two normal size baths with standard fixtures and a hot water
heater.
8) Replace the existing furnace with a new HVAC unit and install an
additional new HVAC unit to provide adequate heating and cooling.
9) Remove all electrical and plumbing for the washers, leaving the drain
troughs exposed for the Lessee to cover with metal plates.
SCHEDULE B
Xxxxxx Lease Notes
1 - Change the narrow existing man door to a wider door (3' door would be
acceptable).
2 - Finish the back side of this existing wall.
3 - Move this "furnace room" wall out far enough to leave a 4' passage on
the back side. Also remove furnace from this room.
4 - Remove this wall section from the edge of the existing furnace room to
the front exterior wall. Create a header at the top of the wall so as
not to disturb the ceiling.
5 - Install a steel man door that is handicap accommodating, and steel
double doors in the center of the front exterior wall.
6 - Remove the glass front and replace it with block. The inside of the
block wall is to be painted. The only entrances on this wall should be
the single door, and the double doors referenced in "5" above.
7 - On the back wall all exhaust openings will be patched. The drop
ceiling that is in the main room will be carried on to this wall.
8 - Build rooms to enclose the furnaces.
9 - Add a basin in the existing restroom, and add an additional restroom in
the back corner. Also, cap off current basin for use of water fountain
in that area.
