EXHIBIT 10.31
THIS AGREEMENT BETWEEN
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇,
as Landlord
and
USA SKATE CO., INC., ▇ ▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇,
as Tenant
WITNESSETH: The Landlord hereby leases to the Tenant the following premises;
North section of the building known as ▇ ▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇,
consisting of 10,00 square ft.
for the term of five )5) years,
to commence from the 1st day of November, 1996 and to end on the 31st, day of
October, 2001. to be used and occupied only for Storage, and distribution of
sporting goods,
upon the conditions and covenants following:
1st. That the Tenant shall pay the annual rent of $58,800 from November 1, 1996
to October 31, 1998, $60,270 from November 1, 1998 to October 31, 1999, $61,775
from November 1, 1999 to October 31, 2000; $63,320 from November, 2000 to
October 31, 2001,
said rent to be paid in equal monthly payments in advance on the first day of
each and every month during the term aforesaid, as follows:
$9800, upon the signing of this Lease to cover security payment
of $4900., and rent payment of $4900. for the month of November 1996.
$4900. per month from December 1, 1996 to October 31, 1998.
$5022. per month from November 1, 1998 to October 31, 1991.
$5147 per month from November 1, 1999 to October 31, 2000.
$5275. per month from November 1, 2000 to October 31, 2001.
2nd. That the Tenant shall take good care of the premises and shall, at the
Tenant's own cost and expense make all repairs except structural (See Paragraph
30th.),
and at the end or other expiration of the term, shall deliver up the demised
premises in good order or condition, damages by the elements excepted.
3rd. That the Tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirement of the Federal, State and
Local Governments and of any and all their Departments and Bureaus applicable to
said premises, for the correction, prevention, and abatement of business or
other grievances, in, upon, or connected with said premises during said term;
and shall also promptly comply with and execute all rules, orders and
regulations of the New York Board of Fire Underwriters, or any other similar
body, at the Tenant's own cost and expense.
4th. That the Tenant, successors, heirs, executors or administrators shall not
assign this Agreement, or underlet or underlease the premises, or any part
thereof, or make any alterations on the premises, without the Landlord's consent
in writing; or occupy, or permit or suffer the same to be occupied for any
business or purpose deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it were the expiration of the original term.
5th. Tenant must give Landlord prompt notice of fire, accident, damage or
dangerous or defective condition. If the Premises can not be used because of
fire or other casualty, Tenant is not required to pay rent for the time the
Premises are unusable. If part of the Premises can not be used, Tenant must pay
rent for the usable part. Landlord shall have the right to decide which part of
the Premises is usable. Landlord need only repair the damaged structural parts
of the Premises. Landlord is not required to repair or replace any equipment,
fixtures, furnishings or decorations unless originally installed by Landlord.
Landlord is not responsible for delays due to settling insurance claims,
obtaining estimates, labor and supply problems or any other cause not fully
under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant,
Tenant's employees or invitees, or at the time of the fire or casualty Tenant is
in default in any term of this Lease, then all repairs will be made at Tenant's
expense and Tenant must pay the full rent with no adjustment. The cost of the
repairs will be added rent.
Landlord has the right to demolish or rebuild the Building if there is
substantial damage by fire or other casualty. Landlord may cancel this Lease
within 30 days after the substantial fire or casualty by giving Tenant notice of
Landlord's intention to demolish or rebuild. The Lease will end 30 days after
Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to
Landlord on or before the cancellation date in the notice and pay all rent due
to the date of the fire or casualty. If the Lease is cancelled Landlord is not
required to repair the Premises or Building. The cancellation does not release
Tenant of liability in connection with the fire or casualty. This Section is
intended to replace the terms of New York Real Property Law Section 227.
6th. The said Tenant agrees that the said Landlord and the Landlord's agents and
other representatives shall have the right to enter into and upon said premises,
or any part thereof, at all reasonable hours for the purpose of examining the
same, or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof.
7th. The Tenant also agrees to permit the Landlord or the Landlord's agents to
show the premises to persons wishing to hire or purchase the same; and the
Tenant further agrees that on and after the sixth month, next preceding the
expiration of the term hereby granted, the Landlord or the Landlord's agents
shall have the right to place notices on the front of said premises, or any part
thereof, offering the premises "To Let" or "For Sale", and the Tenant hereby
agrees to permit the same to remain thereon without hinderance or molestation.
8th. That if the said premises, or any part thereof shall be deserted or become
vacant during said term, of if any default be made in the payment of the said
rent or any part thereof, or if any default be made in the performance of any of
the covenants herein contained, the Landlord or representatives may re-enter the
said premises by force, summary proceedings or otherwise, and remove all persons
therefrom, without being liable to prosecution therefor, and the Tenant hereby
expressly waives the service of any notice in writing of intentions to re-enter,
and the Tenant shall pay at the same time as the rent becomes payable under the
terms hereof a sum equivalent to the rent reserved herein, and the Landlord may
rent the premises on behalf of the Tenant, reserving the right to rent the
premises for a longer period of time than fixed in the original lease without
releasing the original Tenant from any liability, applying any moneys collected.
First to the expense or resuming or obtaining possession, second to restoring
the premises to a restable condition, and then to the payment of the rest and
all other charges due and to grow due to the Landlord, any surplus to be paid to
the Tenant, who shall remain liable for any deficiency.
9th. Landlord may replace, at the expense of Tenant, any and all broken glass in
and about the demised premises. Landlord may insure, and keep insured, all plate
glass in the demised premises for and in the name of Landlord. Bills, for the
premises therefor shall be tendered by Landlord to Tenant at such times as
Landlord may elect, and shall be due from, and payable by Tenant whom tendered,
and the amount thereof shall be deemed to be, and be paid as, additional rental.
Damage and injury to the said premises, caused by carelessness, negligence or
improper conduct on the part of the said Tenant or the Tenant's agents or
employees shall be repaired as speedily as possible by the Tenant as the
Tenant's own cost and expense.
10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front
of, entrance to, or halls and stairs of said premises, nor allow the same to be
obstructed or encumbered in any manner.
11th. The Tenant shall neither place, or cause or allow to be placed, any sign
or signs of any kind whatsoever at, in or about the entrance to said premises or
any other part of same, except in or at such place or places as may be indicated
by the Landlord and consented to by the Landlord in writing. And in case the
Landlord or the Landlord's representatives shall deem it necessary to remove any
such sign or signs in order to paint the said premises or the building wherein
same is situated or make any other repairs, alterations or improvements in or
upon said premises or building or any part thereof, the Landlord shall have the
right to do so, providing the same be removed and replaced at the Landlord's
expense, whenever the said repairs, alterations or improvements shall be
completed.
12th. That the Landlord is exempt from any and all liability for any damage or
injury to person or property caused by or resulting from steam, electricity,
gas, water, rain, ice or snow, or any leak or flow from or into any part of said
building or from any damage or injury resulting or arising from any other cause
or happening whatsoever unless said damage or injury be caused by or be due to
the negligence of the Landlord.
13th. That if default be made in any of the covenants herein contained, then it
shall be lawful for the said Landlord or re-enter the said premises, and the
same to have again, re-possess and enjoy. The said Tenant hereby expressly
waives the service of any notice in writing of intention to re-enter.
14th. That this instrument shall not be a lien against said premises in respect
to any mortgages that are now on or that hereafter may be placed against said
premises, and that the recording of such mortgage or mortgages shall have
preference and precedence and be superior and prior in lien of this lease,
irrespective of the date of recording and the Tenant agrees to execute without
cost, any such instrument which may be deemed necessary or desirable to further
effect the subordination of this Lease to any such mortgage or mortgages, and a
refusal to execute such instrument shall entitle the Landlord, or the Landlord's
assigns and legal representatives to the option of cancelling this lease without
incurring any expense or damage and the term hereby granted is expressly limited
accordingly.
15th. The Tenant has this day deposited with the Landlord the sum of
$_______________ as security for the full and faithful performance by the Tenant
of all the terms, covenants and conditions of this Lease upon the Tenant's part
to be performed, which said sum shall be returned to the Tenant after the time
fixed as the expiration of the term herein, provided the Tenant has fully and
faithfully carried out all of said terms, covenants, and conditions on Tenant's
part to be performed. In the event of a bona fide sale, subject to this lease,
the Landlord shall have the right to transfer the security to the vendor for the
benefit of the Tenant and the Landlord shall be considered released by the
Tenant from all liability for the return of such security; and the Tenant agrees
to look to the new Landlord solely for the return of the said security, and it
is agreed that this shall apply in every transfer or assignment made of the
security to a new Landlord.
16th. That the security deposited under this lease shall not be mortgaged,
assigned or encumbered by the Tenant without the written consent of the
Landlord.
17th. It is expressly understood and agreed that in case the demised premises
shall be deserted or vacated, or if default be made in the payment of the rent
or any part thereof as herein specified, or if, without the consent of the
Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be
made in the performance of any of the covenants and agreements in this lease
contained on the part of the Tenant to be kept and performed, or if the Tenant
shall fail to comply with any of the statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and Local Governments or of
any and all their Departments and Bureaus, applicable to said premises, or if
the Tenant shall file or there be filed against Tenant a petition in bankruptcy
or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for
the benefit of creditors or take advantage of any insolvency act, the Landlord
may, if the Landlord so elects, at any time thereafter terminate this lease and
the term hereof, on giving to the Tenant five days' notice in writing of the
Landlord's intention so to do, and this lease and the term hereof shall expire
and come to an end on the date fixed in such notice as if the said date were the
date originally fixed in this lease for the expiration hereof. Such notice may
be given by mail to the Tenant addressed to the demised premises.
18th. Tenant shall pay to Landlord the rent or charge, which may, during the
demised term, be assessed or imposed for the water used or consumed in or on the
said premises, whether determined by meter or otherwise, as soon as and when the
same may be assessed or imposed, and will also pay the expenses for the setting
of a water meter in the said premises should the latter be required. Tenant
shall pay Tenant's proportionate part of the sewer rent or charge imposed upon
the building. Al such rents or charges or expenses shall be paid as additional
rent and shall be added to the next month's rent thereafter to become due.
19th. That the Tenant will not nor will the Tenant permit undertenants or other
persons to do anything in said premises, or bring anything into said premises,
or permit anything to be brought into said premises to be kept therein, which
will in any way increase the rate of fire insurance on said demised premises,
nor use the demised premises or any part thereof, nor suffer or permit their use
for any business or purpose which would cause and increase in the rate of fire
insurance on said building, and the Tenant agrees to pay on demand any such
increase.
20th. The failure of the Landlord to insist upon a strict performance of any of
the terms, conditions and covenants herein, shall not be deemed a waiver of any
rights or remedies that the Landlord may have, and shall not be deemed a waiver
of any subsequent breach or default in the terms, conditions and covenants
herein contained. This instrument may not be changed, modified, discharged or
terminated orally.
21st. If the whole or any part of the demised premises shall be acquired or
condemned by Eminent Domain for any public or quasi public use or purpose, then
and in that event, the term of this lease shall cease and terminate from the
date of title vesting in such preceding and Tenant shall have no claim against
Landlord for the value of any unexpired term of said lease. No part of any award
shall belong to the tenant.
22nd. If after default in payment of rent or violation of any other provision of
this lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and fails to remove any trade fixtures or other property prior to
such said default, removal, expiration of lease, or prior to the issuance of the
final order or execution of the warrant, then and in that event, the said
fixtures and property shall be deemed abandoned by the said Tenant and shall
become the property of the Landlord.
23rd. In the event that the relation of the Landlord and Tenant may cease or
terminate by reason of the re-entry of the Landlord under the terms and
covenants contained in this lease or by the ejectment of the Tenant by summary
proceedings or otherwise, or after the abandonment of the premises by the
Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in
monthly payments the rent which accrues subsequent to the re-entry by the
Landlord, and the Tenant expressly agrees to pay as damages for the breach of
the covenants herein contained, the difference between the rent reserved and the
rent collected and received, if any, by the Landlord during the remainder of the
unexpired term, such difference or deficiency between the rent herein reserved
and the rent collected if any, shall become due and payable in monthly payments
during the remainder of the unexpired term, as the amounts of such difference or
deficiency shall from time to time be ascertained; and it is mutually agreed
between Landlord and Tenant that the respective parties hereto shall and hereby
do waive trial by jury in any action, proceeding or counterclaim brought by
either of the parties against the other on any matters whatsoever arising out of
or in any way connected with this lease, the Tenant's use or occupancy of said
premises, and/or any claim of injury or damage.
24th. The Tenant waives all rights to redeem under any law of the State of New
York.
25th. This lease and the obligation of Tenant to pay rent hereunder and perform
all of the other covenants and agreements hereunder on part of Tenant to be
performed shall in nowise be affected, impaired or excused because Landlord is
unable to supply or is delayed in supplying any service expressly or impliedly
to be supplied or is unable to make, or is delayed in making any repairs,
additions, alterations or decorations or is unable to supply or is delayed in
supplying any equipment or fixtures if Landlord is prevented or delayed from so
doing by reason of governmental preemption in connection with a National
Emergency or in connection with any rule, order or regulation of any department
or subdivision thereof of any governmental agency or by reason of the condition
of supply and demand which have been or are affected by war or other emergency.
26th. No diminution or abatement of rent, or other compensation, shall be
claimed or allowed for inconvenience or discomfort arising from the making of
repairs or improvements to the building or to is appliances, nor for any space
taken to comply with any law, ordinance or order of a governmental authority, in
respect to the various "services," if any, herein expressly or impliedly agreed
to be furnished by the Landlord to the Tenant, it is agreed that there shall be
no diminution or abatement of the rent, or any other compensation, for
interruption or curtailment of such "service" when such interruption or
curtailment shall be due to accident, alterations or repairs desirable or
necessary to be made or to inability or difficulty in securing supplies or labor
for the maintenance of such "service" or in some other cause, not gross
negligence on the part of the Landlord. No such interruption or curtailment of
any such "service" shall be deemed a constructive eviction. The Landlord shall
not be required to furnish, and the Tenant shall not be entitled to receive, any
of such "services" during any period wherein the Tenant shall be in default in
respect to the payment of rent. Neither shall there be any abatement or
diminution of rent because of making of repairs, improvements or decorations to
the demised premises after the date above fixed for the commencement of the
term, it being understood that rent shall, in any event, commence to run at such
date so above fixed.
27th. Landlord shall not be liable for failure to give possession f the premises
upon commencement date by reason of the fact that premises are not ready for
occupancy or because a prior Tenant or any other person is wrongfully holding
over or is in wrongful possession, or for any other reason. The rent shall not
commence until possession is given or is available, but the term herein shall
not be extended.
A Rider, consisting of four (4) pages forms a part of this Lease, and is to
be attached hereto.
Tenant may terminate lease after three (3) years but would be responsible
for twenty-five percent (25%) of each of the remaining two (2) years' rent.
And the said Landlord doth covenant that the said Tenant on paying the said
yearly rent, and performing the covenants aforesaid, shall and may peacefully
and quietly have, hold and enjoy the said demised premises for the term
aforesaid, provided however, that this covenant shall be conditioned upon the
retention of title to the premises by the Landlord.
And it is mutually understood and agreed that the covenants and agreements
contained in the within lease shall be binding upon the parties hereto and upon
their respective successors, heirs, executors and administrators.
In Witness Whereof, the parties have interchangeably set their hands and
seals (or caused these presents to be signed by their proper corporate officers
and caused their proper corporate seal to be hereto affixed) this ____ day of
_____________ 19__
Signed, sealed and delivered
in the presence of
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
------------------------------------
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ - LANDLORD
/s/ ▇▇▇▇ ▇▇▇▇▇▇▇
------------------------------------
USA SKATE CO., INC.
▇▇▇▇ ▇▇▇▇▇▇▇ - PRES. - TENANT
Page 1.
RIDER TO LEASE BETWEEN ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇,
AS LANDLORD, AND USA SKATE, INC.
AS TENANT DATED:
-----------------------
28th. The parties agree that the Landlord shall not be required to furnish,
or pay for, any type of services, or utilities, including, but not
limited to, heat, power, light, electricity, water, gas, refuse
removal, snow clearing, and removal. Landlord shall be held harmless
from any liability or responsibility for any damage to persons, or
property regarding these services.
29th. The Tenant shall make no changes, alterations, additions, or
improvements, to the building, interior, or exterior, without the
written consent of the Landlord, and when such permission is granted,
it is understood that all work will be in accordance with all
governmental codes, rules, and regulations. Tenant shall obtain all
necessary permits, inspections, approvals, temporary and final
certificates. It is further understood that, unless stated in writing,
Tenant shall return the premises to its original condition, at his own
cost and expense, at least 90 days prior to expiration of this Lease,
or renewal, or holdover occupancy. In the event of any non-compliance
of this paragraph, any securities held by the Landlord may be expended
by him to effect compliance, however, Tenants liability shall not be
limited to the amount of such security.
30th. Structural repairs shall be the obligation of the Landlord, unless the
need for such repairs are caused by the Tenant's use or occupancy of
the premises. All other repairs, and maintenance, including
replacement of any fixture, appliance, or system, shall be the
obligation of the Tenant. "Structural," as intended herein, applies
solely to the walls, and roof of the building.
31st. Tenant shall provide a listing of all flammable, toxic, hazardous,
odorous materials, when use separately, or in combination, and any
air, or water quality diminution considerations, and all chemicals
stored, used, or handled. Landlord assumes no responsibility
whatsoever, in regard to an acceptance, or approval of the use of any,
or all, items listed.
32nd. Tenant shall be wholly responsible for all litigation costs, and
expenses, and payment due for any award, judgement, or settlement, in
regard to claims for air, water, soil, waste and sewerage disposal,
and any other environmental contamination or damage
Page 2.
RIDER TO LEASE BETWEEN ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇,
AS LANDLORD, AND USA SKATE, INC.
AS TENANT DATED:
--------------------------
33rd. Tenant agrees not to block, impede, or encumber in any way, at any
time, all driveways, street aprons, walks, doorways, etc., as these
areas must remain accessable and passable for other Tenant's vehicles,
deliveries, personnel, parking, emergency vehicles and all other
traffic, including maintenance equipment and vehicles.
34th. The demised premises herein, shall be wholly under the control, and
management of the Tenant. and the Landlord shall be under no
responsibility regarding maintenance upkeep, and safety
considerations, in this regard.
35th. Landlord shall be under no obligation, or responsibility whatsoever,
for any theft, or damage of the Tenant's possessions, or other goods
or articles in the building or premises, interior or exterior, and the
Landlord assumes no custodial responsibilities whatsoever. This
paragraph shall also apply to Tenant's fixtures, equipment, valuables,
"Contents" owned, or in the custody of the Tenant.
36th. Any, and all damage to any part of the Leasehold, interior, or
exterior, including fixtures, appliances, equipment, or any other
possession of the Landlord, which forms a part of this Leasehold,
occasioned, by accident, theft, burglary, vandalism, carelessness or
negligence by the Tenant or Tenant's agents, or others, shall be
repaired, or replaced, if necessary, at the sole expense of the
Tenant.
37th. Tenant shall pay any, and all increases in the Real Estate taxes that
are are in effect on the date of commencement of this lease. Tenant
shall make payment to the Landlord within 30 days of receipt of copy
of the appropriate tax ▇▇▇▇, and any monies due in this regard shall
be considered as rent, subject to all the terms, and conditions of
this Lease.
38th. Tenant shall have the right to place sings on the demised premises
providing all necessary permits are obtained, all regulatory
ordinances, rules, and regulations are complied with, and no
obstruction, or interference regarding the the conduct of business of
other Tenants in the building. Landlord shall have the final decision
in any dispute concerning placement of signs.
39th. Tenant has the right to sub-lease all or part of the premises,
providing written permission is granted by the Landlord, and when such
permission is granted, the Tenant's obligations to all terms of this
Lease shall remain in effect, and binding. Landlord agrees not to
unreasonably withhold consent, however, the demand that operations of
a sub-tenant be similar that of the Lesse shall not be deemed
unreasonable.
Page 3.
RIDER TO LEASE BETWEEN ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇,
AS LANDLORD, AND USA SKATE, INC.
AS TENANT DATED:
------------------------
40th. In the event of any default by the Tenant on any term or condition of
this Lease, the Tenant shall be liable for any, and all legal fees,
and expenses, incurred by the Landlord, including court costs, to
correct such default, or recover monies due Landlord, or recover
premises. Further if any such default is not cured within 10 days to
the satisfaction of the Landlord, the unpaid balance of any arrears,
and incurred expenses, plus the sum of all remaining rent payments for
the term of this Lease, shall become due and payable immediately.
41st. Tenant shall be responsible for the maintenance of all shrubbery,
lawns, and other landscaping. This shall include cutting, trimming,
fertilizing, watering.
42nd. Landlord shall pay the cost of basic fire insurance, and liability for
the premises, and Tenant shall pay for any excess premium imposed due
to Tenant's operations, if deemed hazardous, or dangerous.
43rd. Tenant shall be responsible for, and will pay for any, and all, costs
in regard to cleaning, and/or repairing of any damage caused by the
storage, use, spillage, handling, or otherwise, of any hazardous
waste, liquids, chemicals, or other materials. This shall include all
ordered cleanups, and/or removals, repairs, cease and desist orders,
and any other demands issued by the Environmental Protection Agency,
Dept. of Environmental Agency, Local, State, & Federal authorities,
and Health Dep't.
44th. Upon early occupancy of the premises, prior to date of Lease
commencement, or date of Lease commencement, whichever is earliest,
and during the term of this Lease, or any renewal thereof, or any
holdover occupancy by the Tenant, Tenant shall provide and maintain in
good standing, a general liability, and property damage insurance
policy, in standard form, protecting the Landlord and Tenant against
any, and all liability occasioned by accident, or disaster. This
coverage shall be effected by a reputable, and authorized Company, in
good standing, in the sums of $1,000,000./2,000,000., and $750,000.
property damage, minimum. All premiums, and charges to be paid by the
Tenant. Coverage shall include sprinkler protection. Tenant shall
supply Landlord with an insurers certificate, as evidence of coverage,
however, any failure to effect such coverage, whether willful, or
inadvertent, shall obligate Tenant to defend any, and all, claims
brought against the Landlord, and further, to pay any and all awards,
judgements, liens, settlements, etc., on behalf of Landlord.
Page 4.
RIDER TO LEASE BETWEEN ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇,
AS LANDLORD, AND USA SKATE, INC.
AS TENANT DATED:
--------------------------
45th. Any, and all, improvements, changes, modifications, additions, to the
building, interior or exterior, attached or not attached, shall, at
the option of the Landlord, become the property of the Leasehold,
subject to all terms and conditions of this Lease.
46th. It is hereby specifically understood that it shall be the obligation,
and responsibility of the Tenant to ascertain, and comply with, all
appropriate governmental rules, and regulations, Local, State,
Federal, regarding Tenant's operations, materials handling, storage,
waste disposal, air and water quality procedures, and all other laws,
rules, and regulations set forth by any other appropriate Authority,
prior to, and subsequently following the execution of this Lease.
47th. Tenant hereby leases the building and premises "As is", and the
Landlord makes no representations or warranties regarding the demised
premises.
48th. Tenant shall pay any, and all increases in the Real Estate taxes
levied, over and above the taxes assessed for the year 1998. Tenant
shall make payment to the Landlord within 30 days of receipt of
appropriate tax ▇▇▇▇, and all monies due in this regard shall be
considered as rent, subject to terms of this Lease.
49th. All office areas are to be used and maintained solely for office
purposes.
50th. Regarding Paragraph 41st., landscaping costs shall be shared equally
with Tenant on South side of building. At present time the service
contract is held by ▇▇▇ ▇▇▇▇▇▇▇, Inc., (Copy forwarded). Should
different arrangements be desired, both Tenants should be in
agreement, and if not, the Landlord shall effect final decision.
Contract for snow removal is held by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, and the same
terms, and conditions as regarding landscaping shall apply to snow
removal.
51st. Any, and all electrical work required by Tenant, shall be the
responsibility of the Tenant, including lighting and distribution.
52nd. All Greenlawn Water District fees, including sprinkler fees, shall be
shared equally by both Tenants.
53rd. Landlord is to remove all existing partitions in the warehouse section
of the building, and also raise the sprinkler system heads in the
removed areas.
