Exhibit 10.17
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement ("Lease") is made and effective April 23, 2007
by and between XX XXX DEVELOPMENT CO. ("Landlord") and Xxxx X. Xxxxx and/or
Smartworld Organics a subsidiary of American Soil Technologies, Inc.
("Tenenat").
Landlord is the owner ofland and building known as Leased Premises. Landlord
makes available for lease a portion of the Bulidlng designated as 00000 Xxxxx
Xx., Xxxxxx XX 00000 (the "Leased Premises").
Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to
lease the Leased Premises from Landlord for the term, at the rental and upon the
covenants, conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and other
good and valuable consideration, It is agreed:
1. Terms.
A. Lease commencement date: May 1, 2007 Lease expiration date: April 30, 2008
C. MonthIy rent: $1,257.25 (rent $1,175.00 plus 7% sales tax: $82.25).
Annual rent: $15,087.00
first months rent prorated $__________ last months rent paid $1,257.25
D. Additional rent: in addition to monthly rent, Tenant may be required to pay
their pro rata share of the annual Solid Waste assessment. Tenant will be billed
for such assessments annually along with a copy of assessment.
E. Security deposit: Tenant agrees to pay Landlord the amount of $700 which
represents a security deposit, not to be used as last month's rent, and will be
returned only upon Tenant fulfilling lease requirements and vacating and leaving
the premises in original condition or better.
F. Late charge: Rent Is due on or before the first (1st) day of each month. Rent
is late after the third (3rd) day of the month. Rent received after the 3rd day
of the month will be charged a late fee of 10% $125.73. There is a fee of $60.00
for any check returned by the bank for any reason. G. Other:
G. Other: Due June last month 628.63 & due July for last 628.63
2. Notice:
Landlord Address: X.X. Xxx Development Tenant Address:
00000 Xxxxx Xx. American Soil Technologies
Xxxxxx, XX 00000 00000 Xxxxxxxx Xx.
727 868 3215 Xxxxxxx, XX 00000
AND PURPOSE OF LANDLORD AND A TENANT WITH RESPECT TO THE PROPERTY. NEITHER
LANDLORD NOR TENANT SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING,
COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF
THIS LEASE, ANY RELATED AGREEMENT OR INSTRUMENT, OR THE DEALINGS OR THE
RELATIONSHIP BETWEEN LANDLORD AND TENANT. NETTHER LANDLORD NOR TENANT WILL SEEK
TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN
WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE
LANDLORD AND TENANT AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS.
NEITHER LANDLORD NOR TENANT HAS IN ANY WAY AGREED WITH OR REPRESENTED THAT THE
PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.
This Agreement terminates and supersedes all prior understandings or agreements
on the subject matter hereof. This Agreement may be modified only by a further
writing that is duly executed by both parties.
The parties have executed this Lease as of this day and year April 2007
I, the undersigned, agree to execute the terms of this lease agreement and for
full payment of lease terms.
/s/ Xxxx X. Xxxxx /s/ Xxx Xxxxxxx President
Address: 12224 Montague St. Address: 0000 Xxxxxxxxxx Xxx
Xxxxxxx, XX 00000 Weeki Xxxxxx XX 00000
phone: 000-000-0000 phone: 000-000-0000
X. X. XXX DEVELOPMENT COMPANY
00000 XXXXX XX, XXXXXX, XX 00000
000 000 0000
XX Xxx Development Co.
Xxxxxxx Waidron, Sec./Manager
cell: 000 000 0000
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement ("Lease") is made and effective ____________ by
and between XX XXX DEVELOPMENT CO. ("Landlord") and Smartworld Organics a
subsidiary of American Soil Technologies, Inc. ("Tenenat").
Landlord is the owner ofland and building known as Leased Premises. Landlord
makes available for lease a portion of the Bulidlng designated as 18744 & 00000
Xxxxx Xx., Xxxx 0 & 0, Xxxxxx XX 00000 (the "Leased Premises").
Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to
lease the Leased Premises from Landlord for the term, at the rental and upon the
covenants, conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and other
good and valuable consideration, It is agreed:
1. Terms.
A. Lease commencement date: December 1, 2007 Lease expiration date: Dec 1, 2008
C. MonthIy rent: $1,605.00 (rent $1,500.00 plus 7% sales tax: $105.00).
Annual rent: $19,260.00 to be paid monthly annual waste assesment 52.00
Total due monthly $1,657.00
paid partial last months rent paid $802.50 (750.00 & 52.50)
D. Additional rent: in addition to monthly rent, Tenant may be required to pay
their pro rata share of the annual Solid Waste assessment. Tenant will be billed
for such assessments annually along with a copy of assessment.
E. Security deposit: Tenant agrees to pay Landlord the amount of $1,200.00 (paid
from unit 1 & unit 3) which represents a security deposit, not to be used as
last month's rent, and will be returned only upon Tenant fulfilling lease
requirements and vacating and leaving the premises in original condition or
better.
F. Late charge: Rent Is due on or before the first (1st) day of each month. Rent
is late after the third (3rd) day of the month. Rent received after the 3rd day
of the month will be charged a late fee of 10% $160.00. There is a fee of $60.00
for any check returned by the bank for any reason. G. Other:
G. Other: Annual waste assesment to be paid by tenant what county deems. No car,
truck, vehicle of any kind to be washed on location with my water.
This Agreement terminates and supersedes all prior understandings or agreements
on the subject matter hereof. This Agreement maybe modified only by a further
writing that is duly executed by both parties.
The parties have executed this Lease as of this day and year _______________.
/s/ Xxxxx phone 727/000-0000
---------------------------------- ------------------------------
LandLord:
X.X. XXX DEVELOPMENT COMPANY
00000 XXXXX XX. XXXXXX. XX 00000
000 000 0000
Xxxxxxx Xxxxxxx, Sec./Manager
cell: 000 000 0000