EX - 6.1
OFFICE LEASE AGREEMENT
THIS AGREEMENT, is made on the first day of November, 1999, by and between
Xxxxxx Property Management, d/b/a Executive Suites and Business Services, 0000
Xxxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000, hereinafter referred to as
"Landlord," of the first part, and Xxxxxx.xxx, hereinafter referred to as
"Tenant," of the second part.
WITNESSETH:
RENT: Tenant covenants and agrees to pay Landlord as rental for, Space No #
35, hereinafter referred to as the leased premises, the sum of Four Thousand
Five Hundred Forty Eight Dollars and no cents ($4,548.00) payable in equal
monthly installments of Three Hundred Seventy Nine Dollars and no cents
($379.00) in advance on the first day of each full calendar month. The first
payment is to include any prorated rental for the period from the date of
commencement of the term to the first day of the first full calendar month in
the term. All rents payable and notices sent by the Tenant to the Landlord under
this Office Lease Agreement shall be delivered to Landlord at the office of the
Landlord stated above. Tenant will promptly pay all rent herein described when
and, as the same shall become due and payable. Failure to receive rent by the
fifth (5th) day of the month will result in a ten percent (10%) late fee on the
monthly charge above.
DEPOSIT: Tenant has deposited with Landlord the sum of $379.00 as security
for the faithful performance and observance by Tenant of the terms, provisions
and conditions of this lease agreement and as security for any damages Tenant
inflicts upon the premises other than normal wear and tear. It is agreed that in
the event Tenant defaults in respect of any of the terms, provisions and
conditions of this lease agreement, including but not limited to the payment of
rent and additional rent, Landlord may use, but shall not be obligated to apply
or retain the whole or any part of the security so deposited to the extent
required for the payment of any rent and additional rent, or any other sum as to
which Landlord may expend or may be required to expend by reason of Tenant's
default in respect of any of the terms, covenants and conditions of this lease
agreement. Within sixty (60) days after termination of this lease, or surrender
and acceptance of the premises, whichever occurs last, the Landlord will return
the security deposit to Tenant or otherwise provide Tenant with written notice
stating the exact reasons for retention of all or part of the deposit.
ADDITIONAL SERVICES: Optional charges are available through Executive Suites
and Business Services at an additional cost: secretarial, photocopying, faxing
and filing services. One phone line and one telephone handset are included per
office; however, additional phone lines and telephone handsets are available at
an additional cost.
USE: The leased premises shall be used by the Tenant solely for the purpose
of conducting a business office and for no other purposes. Tenant also agrees to
fulfill all obligations of the rules and regulations of the building on file
with the Landlord.
TERM: The term of this Lease Agreement commences November 1, 1999 and ends
September 30, 2000. However, said Lease shall automatically extend through
October 31, 2000 under the same terms and conditions if the Lease Agreement
between Xxxxxx Property Management d/b/a Executive Suites and Business Services
and Brookfield Properties Colorado, LLC. shall be executed through the same
term. Such term, however, shall be unconditionally terminated at any time by
Landlord at its sole discretion with a written 30- day notice being delivered to
Tenant by Landlord.
CONDITIONS OF PREMISES AND EQUIPMENT: Tenant agrees to take and accept the
premises and equipment as is on the commencement date and agrees to maintain and
leave premises and equipment (ordinary wear and tear excepted) in the same
condition upon termination of this agreement. All keys and security cards must
be returned to Executive Suites and Business Services upon vacating the office.
A charge of $15.00 per item for items not returned will be assessed. Tenant will
keep the interior of lease premises in good repair and will surrender the leased
premises at the expiration of the term or at such other time as it may vacate
the leased premises in as good a condition as when received, excluding ordinary
wear and tear.
INSURANCE: Tenant will keep in force at its own expense, so long as this
lease agreement remains in effect, public liability insurance with respect to
leased premises in companies and in form acceptable to Landlord with minimum
limits of $2,000,000 on account of bodily injury to or death of one or more
persons as a result of any one accident or disaster, and property damage
insurance with minimum limits of $500,000. Tenant agrees to take such steps as
it may deem necessary and adequate for the protection of itself, its agents,
employees and invitees on the property of the foregoing against injury, damage
or loss by insurance as a self-insurer or otherwise. Any personal liability and
hazard insurance on any equipment or furnishings owned by Tenant will be
obtained by Tenant. Tenant shall hold Executive Suites and Business Services
harmless and indemnify Executive Suites and Business Services with regard to any
damage to equipment owned or premises occupied by Tenant.
INDEMNITY BY TENANT: Tenant hereby indemnifies Landlord and agrees to hold
it harmless from and against any and all claims, actions, damages, liability and
expense in connection with loss of life, personal injury or damage to the
property arising from or out of occupancy or use by Tenant of the leased
premises or any part thereof or any part of Landlord's property, occasioned
wholly or in part by any act or omission of Tenant, its agents, contractors and
employees.
INSPECTION BY LANDLORD: Tenant will permit Landlord, its agents, employees
and contractors to enter leased premises and all parts thereof during business
hours to inspect the same and to enforce or carry out any provisions of this
lease agreement.
ASSIGNMENT AND SUBLETTING: The Tenant shall not assign, sublet or otherwise
transfer its right or obligations under this lease to any other person or entity
without the express written consent of Landlord.
LANDLORD'S REMEDIES: Any failure to pay rent as provided, vacating of the
premises prior to the expiration of the term, or breach of any other covenant of
this lease by Tenant shall entitle Landlord, without obligation to do so, and in
addition to other rights or remedies it may have, to declare this lease
terminated and the term ended and/or to the immediate right of re-entry. Should
Landlord elect to re-enter the premises, it may either terminate this lease or
it may from time to time, without terminating this lease, relet said premises,
and the Tenant agrees to be liable for the balance of the rent until the
expiration of this lease. Upon each such reletting, all rentals and other sums
received by Landlord from such reletting shall be applied, first to the payment
of debt other than rent due Landlord; second, to costs and expenses of
reletting; and third, to past-due rent; and the residue, if any, shall be held
by Landlord and applied in payment of future rent as the same may become due and
payable hereunder. No such re-entry or taking possession of said premises by
Landlord shall be construed as election on its part to terminate this lease
unless a written notice of such intention be given to Tenant or unless the
termination thereof be decreed by a court of competent jurisdiction. Tenant
agrees that if enforcement of the terms of this lease by Landlord is necessary,
Tenant shall be responsible for Landlord's reasonable attorney's fees.
LANDLORD: TENANT:
XXXXXX PROPERTY MANAGEMENT XXXXXX.XXX, INC.
D/B/A EXECUTIVE SUITES & 0000 XXXXXXX XXXX
BUSINESS SERVICES
0000 XXXXXXXX, XXXXX 0000 XXXXXXXXXXXX, XX 00000
XXXXXX, XX 00000 000-000-0000
XXXX XXXXXXX 000-000-0000
By: /s/ Xxx X. Xxxxxxx By: /s/ Xxxx Xxxxxxx
Xxx X. Xxxxxxx Xxxx Xxxxxxx
