COMMISSIONER OF PUBLIC LANDS
NEW MEXICO STATE LAND OFFICE
STATE OF NEW MEXICO
BUSINESS LEASE
LEASE NO. BL-599
THIS LEASE, dated MARCH 16, 1995, is made and entered into by and
between the Commissioner of Public Lands, hereinafter referred to as "Lessor",
and XXXXXX'X INCORPORATED, 000 XXXXXXXXX X.X., XXXXXXXXXXX, XXX XXXXXX 00000,
hereinafter referred to as "Lessee."
Lessor and Lessee agree and covenant as follows:
1. LEASE. For and in consideration of and subject to the terms,
conditions, covenants and reservations contained herein, Lessor leases to Lessee
the following described tract of land, hereinafter referred to as the "leased
premises":
TRACT #1 (STUCKEY'S PECAN SHOPPE)
A tract of land lying within the South part of the SE1/4SE1/4 of
Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 11 West, N.M.P.M., more
particularly described as follows: Beginning at a point which bears
N.89(Degree)2'W., 797.35 feet and North N.8(Degree)22'W., 187.58 feet
from SE corner of said Section 5; thence N.8(Degree)22'W., along
easterly right of way line of connection between Interstate Highway 10
and State Road 418 a distance of 276.31 feet to a fence brace post
marked with a tack on top; thence N.78(Degree)14'E., along southerly
right of way line of Interstate Highway 10 across ramp 535.79 feet;
thence S.8(Degree)22'E., parallel to westerly boundary line of this
tract 470.48 feet; thence N.8(Degree)38'W., along northerly right of
way line of Xxxxx Xxxx 000 a distance of 461.07 feet; thence
N.48(Degree)55'W., along northeasterly right of way line of Xxxxx Xxxx
000 a distance of 121.22 feet to point of beginning. Said tract of land
contains 5.00 acres, more or less, and corners are marked by steel rods
unless noted otherwise.
XXXXX #0 (XXXXXXX XXXX)
A tract of land lying in the south part of the S1/2SE1/4 of Xxxxxxx 0,
Xxxxxxxx 00 Xxxxx, Xxxxx 11 West, N.M.P.M., more particularly described
as follows: Beginning at a point which bears N.89(Degree)02'W., 949.48
feet and N.8(Degree)22'E., 106.57 feet from SE corner of said Section
5; thence N.89(Degree)26'W., along northerly right of way line of Xxxxx
Xxxx 000 a distance of 757.18 feet; thence N.8(Degree)22'W., 250.66
feet; thence N.84(Degree)23'E., along southerly right of way line of
Xxxxxxxxxx Xxxxxxx 00 access ramp 748.86 feet to a fence brace post
marked with a tack on top; thence S.8(Degree)22'E., along westerly
right of way line of connection between Interstate Highway 10 and State
Road 418 and parallel to the westerly line of the tract a distance of
331.70
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feet to point of beginning. Said tract of land contains 5.00 acres,
more or less, and corners are marked by steel rods unless noted
otherwise.
The rights granted herein are subject to all valid existing rights in the leased
premises.
2. RESERVATIONS. Lessor reserves the right to execute leases for
the exploration, development and production of geothermal resources, oil and
gas, sand, gravel, coal, shale, clay, building stone or materials, potassium,
sodium, phosphorus, salt or any other minerals or deposits of whatsoever kind
located in, under or upon the leased premises and all rights of access, ingress
and egress through or across the leased premises that are necessary or
convenient to such exploration, development or production. Lessor further
reserves the right to grant rights-of-way and easements over, upon, or across
the leased premises for public highways, railroads, tramways, telephone,
telegraph and power lines, irrigation works, sewer lines, drainage ditches,
mining, logging, and for other purposes.
3. TERM. The term of this lease shall begin on the date of this
lease and end at midnight on MARCH 15, 2000, unless terminated or canceled
earlier as herein provided. Nothing contained herein shall limit the right of
Lessor to sell the leased premises during the lease term.
4. RENT. Lessee shall pay to Lessor as rent f or the leased
premises and for the rights and privileges granted hereunder $4,500.00 lst.
year, $5,500.00 2nd. year, $6,500.00 3rd. year, $7,500.00 4th. year, $7,500-00
5th. year, due and payable in advance on or before the 15th day of MARCH each
year during the term of this lease. Time is of the essence in the performance of
this agreement. Interest on delinquent rent payments shall accrue from the date
the payment becomes due at the rate of one percent a month or any fraction of a
month.
5. PERMITTED USE. Lessee shall use the leased premises for the sole
and exclusive purpose of RETAIL CURIO SHOP/CAFE//GAS SERVICE XXXXXXX/PARKING
FACILITY. No other uses shall be permitted.
6. IMPROVEMENTS. Lessee may place the following improvements on the
leased premises:
BUILDING HOUSING CAFE/CURIO SHOP
4-BAY GAS SERVICE STALL UNDER CANOPY
WATER WELL/PUMP/STORAGE TANK
OCCUPIED MOBILE HOME/WITH HOOK-UP'S
FENCING/PAVING/GRAVELED AREAS
No other improvements shall be placed on the leased premises without the prior
amendment of this lease pursuant to Paragraph 18 hereof to permit such
improvement placement. Lessee shall maintain and protect from waste and trespass
all improvements placed on the leased premises. In the event improvements other
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than those authorized herein are placed on the leased premises, Lessor may
either declare title to such improvements in Lessor without payment of
compensation to Lessee or Lessor may order the removal of such improvements and
the restoration of the leased premises to their condition existing prior to the
placement of said improvements at Lessee's expense. The foregoing rights of
Lessor shall be cumulative to Lessor's right to cancel this lease as herein
provided.
7. LIEN. To secure the payment of any rent amount that becomes due,
and to satisfy all reasonable costs incurred by Lessor in recovering said rent
amount, Lessor shall have a first and prior lien on any and all improvements,
fixtures and equipment placed on the leased premises.
8. IMPROVEMENT REMOVAL AND RECLAMATION. Upon relinquishment or
termination of this lease without re-lease to Lessee, or upon Lessor's
cancellation of this lease as provided herein, Lessee shall remove all
improvements placed on the leased premises pursuant to the terms hereof and
shall restore the leased premises to their condition existing prior to the
placement of said improvements; provided, however, if any rent amount is due and
unpaid at the time of lease cancellation or termination, Lessee shall remove
improvements and restore the leased premises as herein provided only at such
time, in such manner and under such conditions as Lessor may in writing demand.
9. RELINQUISHMENT. Lessee, if not in default under this lease, may
at any time relinquish the, lease to Lessor and be relieved of further
obligations under the lease, provided, however, such relinquishment shall not be
valid or effective until approved in writing by Lessor. Relinquishment shall be
made on a form prescribed by Lessor and shall be accompanied by the required
relinquishment fee. Upon relinquishment Lessee shall not be entitled to the
refund of any rent previously paid.
10. ASSIGNMENT. Lessee shall not assign this lease, any part
thereof, or assign any improvements located on the leased premises without the
prior amendment of this lease pursuant to Paragraph 18 hereof to permit such
assignment. Any lease assignment without lease amendment shall be null and void.
Lessor may condition such lease amendment upon an increase in the rent amount
and the modification or addition of other lease provisions.
11. SUBLEASE. Lessee shall not sublease the rights granted
hereunder, any part thereof, any portion of the leased premises or any
improvements located on the leased premises without the prior amendment of this
lease pursuant to Paragraph 18 hereof to permit such sublease. Any sublease
without lease amendment shall be null and void. Lessor may condition such lease
amendment upon an increase in the rent amount and the modification or addition
of other lease provisions. A sublease is hereby defined as any transaction or
arrangement whereby Lessee grants to another or shares with another rights,
interests or privileges conveyed to Lessee by this lease.
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12. DEFAULT AND CANCELLATION. Upon Lessee's violation of any of the
terms, conditions or covenants contained herein, including the failure to pay
the rent when due, Lessor may cancel this lease after providing Lessee thirty
days notice of the default by registered mail. The mailing of such notice as
herein provided shall constitute notice of Lessor's intention to cancel the
lease and no proof of receipt of such notice shall be necessary in order for
Lessor to enter lease cancellation thirty days after the mailing of the notice
if Lessee has not cured the default to Lessor's satisfaction within said thirty
day period. Lessee agrees that if a court of competent jurisdiction determines
that Lessee has breached any of the terms, conditions or covenants of this
lease, Lessee shall pay the costs incurred by Lessor in litigating the default,
including reasonable attorney fees.
13. WAIVER. No employee or agent of, Lessor has the power, right or
authority to orally waive any of the terms, conditions or covenants hereof and
no waiver by Lessor of any of the terms, conditions or covenants hereof shall be
effective unless in writing and executed by Lessor. Lessor's waiver of Lessee's
breach or default of any of the terms, conditions or covenants hereof shall not
constitute or be construed as a waiver of any other or subsequent breach or
default by Lessee. The failure of Lessor to enforce at any time any of the
terms, conditions or covenants hereof or to exercise any option herein provided,
or to require at any time performance by Lessee of any of the terms, conditions
or covenants hereof shall not constitute or be construed to be a waiver of such
terms, conditions or covenants, nor shall it affect the validity of this lease
or any part thereof, or Lessor's right to thereafter enforce each and every such
term, condition and covenant.
14. COMPLIANCE WITH LAWS. Lessee shall fully comply with all laws,
regulations, rules, ordinances and requirements, applicable to the leased
premises or to Lessee's operations thereon, including Section 19-6-5, XXXX 0000,
requiring Lessee to protect the leased premises from waste and trespass, all
current New Mexico State Land Office Rules and Regulations and those that may be
hereafter promulgated.
15. WAIVER, RELEASE AND PROTECTION OF THE I.EASED PREMISES. Lessee
is leasing the leased premises based on Lessee's own inspection and
investigation of and judgment regarding the leased premises. Lessor makes no
warranties or representations of any kind or nature with regard to the leased
premises or with regard to this transaction.
Lessee agrees to comply with all federal, state and local laws, regulations and
policy, including but not limited to measures addressed to environmental
protection, which have been or may be enacted or promulgated. Such governmental
agencies shall not be deemed third party beneficiaries under this lease.
Lessee's compliance with all laws, regulations and policy shall be at its own
expense.
If accidental discharge, release, spill, or fire or any other
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event having environmental consequence occurs, Lessee agrees to provide
immediate notice to Lessor and in addition is required to provide notice to
Lessor at the same time and in the same manner as Lessee is required to provide
notice to the federal, state or local agency having responsibility for enforcing
compliance with environmental laws, regulations and policy. Lessee agrees that,
upon request by Lessor, Lessor shall have access to all reports, documents, test
data and all other materials provided by Lessee to or received by Lessee from a
governmental agency having responsibility for enforcing compliance with
environmental or other laws.
In the event Lessor is required to incur any cost or expense to enforce the
provisions of this lease, including but not limited to consultants, engineers,
soil, air or water sampling and attorneys, fees and costs, Lessee shall be
liable for and reimburse Commissioner for said costs and expenses.
16. INDEMNIFICATION AND HOLD HARMLESS. Lessee shall hold harmless,
indemnify and defend the State of New Mexico, Lessor and Lessor's employees,
agents, and contractors, in both their official and individual capacities, from
any and all liabilities, claims, losses, damages, or expenses, including but not
limited to reasonable attorneys, fees, loss of land value, third party claims,
penalties or removal, remedial or restoration costs arising out of, alleged to
arise out of or indirectly connected with a) the operations hereunder of Lessee
or Lessee's employees, agents, contractors or invitees, b) the activities of
third parties on the leased premises, whether with or without Lessee's knowledge
or consent. This provision, Lease Paragraph 16, shall survive the termination,
cancellation or relinquishment of this Lease, and any cause of action of Lessor
to enforce this provision shall not be deemed to accrue until Lessor's actual
discovery of said liability, claim, loss, damage, or expense.
17. SCOPE OF AGREEMENT. This lease incorporates all the agreements,
covenants and understandings between Lessor and Lessee concerning the subject
matter hereof and all such agreements, covenants and understandings are merged
into this written lease. No prior agreement or understanding between Lessor and
Lessee shall be valid or enforceable unless expressly embodied in this lease.
18. AMENDMENT. This lease shall not be altered, changed or amended
except by an instrument executed by both Lessor and Lessee.
19. APPLICABLE LAW. This lease shall be governed by the laws of the
State of New Mexico.
20. SUCCESSORS IN INTEREST. All the terms, conditions and covenants
of this lease and all amendments thereto shall extend to and bind the heirs,
successors and assigns of Lessee and Lessor.
21. RE-LEASE. At the expiration of the term of this lease, Lessee
may re-lease the leased premises provided Lessor
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has determined to offer the leased premises for the same uses as permitted
herein, Lessee is not in default under this lease, Lessee agrees to the terms
offered by Lessor, and Lessee has bettered any offer to lease the leased
premises made by a third party.
22. HOLDING OVER. If Lessee enters upon the leased premises after
the termination or cancellation of this lease for any purpose, the rent due
Lessor for such entry shall be $200.00 for each day or any part of a day.
Nothing contained herein shall be construed as the grant to Lessee of the right
to enter the leased premises for any purpose after the termination or
cancellation of this lease without the prior written consent of Lessor.
Executed in duplicate.
/s/ X.X. Xxxxxx
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LESSEE LESSEE
/s/ Xxx Xxxxxx Xxxxx X. Xxxxxx, Asst. Commissioner
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XXX XXXXXX, M.S., D.V.M.
COMMISSIONER OF PUBLIC LANDS
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FOR A CORPORATION OR INCORPORATED ASSOCIATION
State of New Mexico )
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County of Bernalillo )
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The foregoing instrument was acknowledged before me this
28th day of December, 1995 by X. X. Xxxxxx,
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(name of officer)
President of Xxxxxx'x Incorporated,
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(name of corporation acknowledging)
a New Mexico corporation, on behalf of the corporation.
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(state or county of incorporation)
/s/ Signature Illegible
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Notary Public
My commission expires:
5/31/99
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FOR A NATURAL PERSON ACTING IN HIS OWN RIGHT
State of ______________________________________)
County of ____________________________________)
The foregoing instrument was acknowledged before me this
_____ day of ______________, 19___ by ______________________________________
(name or names of person
______________________________________
or persons acknowledging)
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Notary Public
My commission expires:
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