Exhibit 10.1
COMMERCIAL PROPERTY LEASE AGREMENT
THIS LEASE, made and entered into this September 1, 2002, by and between Scenic
Properties, Inc., "Lessor", and SLS International, "Lessee".
In consideration of the respective performance by the other of all the following
terms, conditions and covenants contained herein during the term of this Lease
and any extension or renewal thereof, Landlord and Tenant do hereby agree as
follows:
WITNESSITH:
That the Lessor hereby leases unto the Lessee and the Lessee hereby takes from
the Lessor, as Lessee, the following premises situated in the City of
Springfield, Xxxxxx County, Missouri.
That space located at 0000 X. Xxxxxx Xxxx X-X, Xxxxxxxxxxx, Xxxxxxxx.
For a term of one (1) year commencing on September 1, 2002 and terminating on
August 31, 2003, unless an agreement is reached for an extended term.
1. The rental of said property during the term of this lease shall be $4650.00
per month, the first month's rent payable at the execution of this agreement and
subsequent month's rent payable in advance on the 1st day of each and every
month during the term of this lease.
2. A security deposit in the amount of $0.00 will be payable at the execution of
this agreement. See para. 5i
3. The Lessor covenants and agrees:
(a) That it had good title to said premises and good right to make this
lease and that it will discharge any liens or encumbrances thereon in
accordance with the terms hereof.
(b) That it will put the Lessee in possession of said premises and the
Lessee, paying the rent and keeping all other covenants and condition
by Lessee to be performed, shall peaceably hold and enjoy the premises.
4. The Lessee covenants and agrees:
(a) To pay the rent at the time and in the manner provided for. Rent
incurred or past due the 5th is subject to a $100 late fee plus $5 per
day late fee, with the default clause not waived.
(b) Lessee agrees at its own cost and expense to keep and maintain the
interior of the demise premises, including overhead doors, plumbing,
electrical and heating now located on the premises or which may
hereafter be placed therein; and , to replace any improvements which
may be destroyed or removed from the premises during the term hereof by
the Lessee of due to their intentional acts. All interior maintenance
will be the Lessee's responsibility and expense.
(c) To use said premises for the purpose of operating a ___ business
and no other, unless the written consent of the Lessor is first
obtained.
(d) To maintain in good condition the interior of the leased premises
and to do all interior decorating and maintenance at the expense of the
Lessee.
(e) Not to make any structural changes, alterations or re-decorations
of the interior without submitting the proposed plans to the Lessor and
obtaining its written consent. Any repairs, maintenance, or major
renovation by Lessee will be required to have Lien release from
contractor for the protection of Lessee and Lessor.
(f) To keep all glass replaced in the leased premises and to carry
plate glass insurance for the benefit of both Lessee and Lessor.
(g) Not to place any sign or signs upon said building without first
obtaining the written consent of the Lessor. Signage must comply with
the city code and must not damage building.
(h) To keep clean all walks and grounds adjacent to the leased
premises.
(i) To permit the Lessor to enter the premises during business hours
for the purpose of inspecting the same or any other lawful purpose.
(j) Not to assign this lease or sub-let the property or any part
thereof without first obtaining the written consent of the Lessor, such
consent not to be reasonably withheld.
(k) To surrender said premises at the end of the term of this lease in
as good a condition as received, ordinary wear and tear accepted;
Lessee agrees that at the termination of the tenancy, that any holding
over by the Lessee shall be considered a tenancy from month to month
and subject the Lessee to the provision of the Missouri Unlawful
Detainer Act.
(l) That if any default shall be made in the payment of rent or any
part thereof, or any other payment provided for herein, at the time
provided, or of, after Ten (10) days written notice setting forth the
default, default shall continue by the lessee in the performance or
observance of any other covenant, agreement or condition herein
contained to be performed by Lessee, or if Lessee shall be dispossessed
or shall abandon or vacate the premises, or shall be become bankrupt or
shall make an assignment for the benefit of creditors, the Lessor shall
have the right to re-enter and take possession thereof to the Lessor,
at which time all rights of the Lessee shall cease and terminate, but
nothing herein contained shall affect the Lessor's right to the rental
for the term specified. Upon taking possession hereunder, the Lessor
may at its option terminate and end this lease by giving the Lessee
written notice thereof or the Lessor may re-let said property and the
Lessee shall be liable for and will pay , as it accrues, the difference
in rental for the balance of the term.
(m) The Lessee agrees to pay the Lessor, in addition to all the other
items mentioned in this lease, a reasonable attorney fee and court
costs in the event the Lessor resorts to litigation for violation of a
covenant or condition of this lease, or for possession of the premises
or for rent due hereunder.
5. It is mutually agreed:
(a) If, during the term of this lease, and except as otherwise set
forth herein, the building on the demised premises is damaged to the
extent it is wholly untenantable, the Lessor may at its option
terminate the lease by giving written notice thereof with Fifteen (15)
days after such damage and prepaid rent from the date of such damage be
refunded.
(b) In case the building is damaged but not rendered wholly
untenantable, the rent shall xxxxx proportionately until the building
is restored and the Lessor shall restore the same as promptly as
possible, provided, however, that if restoration is not accomplished
within One Hundred Twenty (120) days, the Lessee may, at its election,
terminate the lease by giving the Lessor Fifteen (15) days written
notice of its intention to do so.
(c) In the event said premises or any part thereof are overflowed by
reason of storm, flood or sewage water, or for any cause of reason
whatsoever, such flooding shall not be cause for terminating the lease,
nor shall Lessor be liable or responsible for any loss or damage which
Lessee may suffer as a result thereof.
(d) In case of destruction of the premises as aforesaid and neither
party shall terminate the lease, the Lessor shall restore the same with
all reasonable speed and for that purpose shall have the right to enter
the premises for such restoration.
(e) Any notice required to be given may be given by certified mail to
the last known address of the parties.
(f) No waiver of any forfeiture by acceptance of rent or otherwise
shall waive any subsequent cause of forfeiture or breach of any
condition of the lease.
(g) Neither the Lessor nor the Lessee nor their employees will park
their personal or business automobiles directly in front of the
business buildings owned by the Lessor in order that the parking space
most convenient for customers will be available for customers at all
times. Parking space in front of the building is considered essential
to the good of all tenants.
(h) That the Lessor shall not be liable in any manner for any claim,
loss, damage or injury from any cause whatsoever arising from any act
or omission or commission on the part of the Lessee, their agents or
employees during the term of this lease, and the Lessee shall save
Lessor harmless therefrom.
(i) The lessee had deposited with the Lessor, concurrently with the
execution of this lease agreement, the sum of $0.00 as security
deposit. Upon termination of this tenancy, the Lessor may retain so
much of said lease deposit as is necessary to discharge any of the
Lessee's obligations under this lease, including, but not limited to,
damage to the premises, or clean-up of the premises. Any amount not so
utilized shall be returned to the lessee. This lease deposit shall not
be in lieu of any rental payment, nor may it be used by the Lessee as
payment of all or any part of the rent, without the written consent of
the Lessor.
6. This agreement shall be governed by the laws of the State of Missouri.
7. This agreement shall be binding upon the parties hereto, their respective
heirs, successors and assigns.
8. That the Lessee will take care of their own trash and janitorial services.
9. Lessee shall not bring or store any hazardous substances on the premises.
ADDENDUM TO COMMERCIAL PROPERTY LEASE AGREEMENT
To the Lessee's knowledge, (1) neither the Subject Property nor the Lessee is in
violation of, or subject to, any existing, pending or threatened investigation
by any governmental authority, under any Environmental Law (herein so called and
herein after defined), (ii) the Lessee has not, and is not, required by an
Environmental Law to obtain any permits or licenses to use any of the Subject
Property, and (iii) the Lessee has made inquiry in to the previous uses and
ownership (the Lessee being the First tenant and occupant) of the subject
Property, and after such inquiry, has been disposed of, incorporated in, or
released on or to the Real Property or the Improvements.
For purpose of this Agreement, the term "Environmental Law" shall mean and be
defined as any federal, state (MO DNR) or local law, statute, ordinance, or
regulation pertaining to the health, industrial hygiene or the environmental
conditions on, under, or about the Subject Property, including without
limitation, the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA") as amended, 42 U.S.C. Section 9601 et seq., and the
Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901
et seq., A/K/A Superfund Amendments and Reauthorization Act of 1986 ("XXXX").
For purposes of this agreement, the term "Hazardous Substance" shall mean and be
defined herein as those substances included within the definitions of "Hazardous
substances", "hazardous materials", "toxic substances", or "solid waste" in
CERCLA< RCRA< SASA< and the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801 et seq., and in regulations promulgated pursuant to such laws,
together with such substances listed in the United States Department of
Transportation Table (49 CFR 172.101 and amendments thereto) or by Environmental
Protection Agency (or any successor agency) as hazardous substances (40 CFR part
302 and amendments thereto) together with such other substances, materials, and
wastes which are or become regulated under applicable local, state, or federal
law or the United States government or which are classified as hazardous or
toxic under federal, state, or local laws or regulations, and together with any
materials, waste or substance which is (A) asbestos, (B) polychlorinated
biphenyls, (C) designated as a "hazardous substance" pursuant to Section 311 of
the Clean Water Act, 33 USC Section 1251 et seq., (33 U.S.C. Section 1321) or
listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317).
(D) explosives, or (E) radioactive materials.
Hazardous Substance Prohibited. Lessee shall not at any time during the Term of
the Lease allow the storage, disposal, discharge, burial, incineration, or use
of any Hazardous Substances on the Demised Premises.
Flammable Liquids Prohibited. Lessee shall not at any time during the Term of
this Lease allow the storage inside any building or structure of the Demised
Premise of any flammable liquids, including gasoline, diesel, or kerosene.
Waiver of Claim Against Lessor. In the event of the discovery of a Hazardous
Substance at any time during the term of the Lease, Lessee agrees to waive any
and all claims against Lessor for damages or losses which it sustains as a
result of its inability to use the Demised Premises as a result of the discovery
of a Hazardous Substance.
The representations and warranties herein contained shall be true and correct on
the date of the lease Closing and shall survive the Closing and continue in full
force and effect notwithstanding the Closing and consummation of the lease
contracted for herein, and the obligation of the Lessor to close this
transaction is expressly conditioned upon said representation and warranties
being true and correct on the date of Closing of the lease.
IN WITNESS WHEROF, the parties have hereunto set their hands the day and year
first above written.
SLS International
By: _________________________________
Xxxx Xxxx
ATTEST:
By:________________________
Scenic Properties, Inc.
By: _________________________________
Xxxxxx Xxxxxxx
