THIS LEASE, dated the day of September 1996 Between European American
Bank,
hereinafter referred to as the Landlord, and Lexicon Environmental
Associates,
Inc., hereinafter referred to as the Tenant.
Witnesseth: That the Landlord hereby demises and leases unto the Tenant, and
the Tenant hereby hires and takes from the Landlord for the term and upon the
rentals hereinafter specified, the premises described as follows, situated in
the Village of Franklin Square, County of Nassau, and the State of New York:
1,350 square feet on the south west corner of the second floor of 000
Xxxxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxx, Xxx Xxxx.
The term of this demise shall be for five (5) years beginning January 1, 1997
and ending December 31, 2001.
The rent for the demised term shall be,
Year 1 $19,912.44
Year 2 $20,509.92
Year 3 $21,125.16
Year 4 $21,758.88
Year 5 $22,411.68
which shall accrue at the yearly rate of.
The said rent is to be payable monthly in advance on the first day of each
calendar month for the term hereof, in installments as follows:
Year 1 $1,659.37
Year 2 $1,709.16
Year 3 $1,760.43
Year 4 $1,813.24
Year 5 $1,867.64
at the office of European American Bank, Xxx XXX Xxxxx, Xxxxxxxxx, XX
00000-0000, Attn: Accounting & Control, or as may be otherwise by the
Landlord in writing.
THE ABOVE LETTING IS UPON THE FOLLOWING CONDITIONS:
First - The Landlord covenants that the Tenant, on paying the said rental and
performing the covenants and conditions in this Lease contained, shall and
may peaceably and quietly have, hold and enjoy the demised premises for the
term aforesaid.
Second - The Tenant covenants and agrees to use the demised premises as a
general business office and agrees not to use or permit the premises to be
used for any other purpose without the prior written consent of the Landlord
endorsed hereon.
Third - The Tenant shall, without any previous demand therefor, pay to the
Landlord, or its agent, the said rent at the times and in the manner above
provided. In the event of the non-payment of said rent, or any instalment
thereof, at the times and in the manner above provided, and if the same shall
remain in default for ten days after becoming due, or if the Tenant shall be
dispossessed for non-payment of rent, or if the leased premises shall be
deserted or vacated, the Landlord or its agents shall have the right to and
may enter the said premises as the agent of the Tenant, either by force or
otherwise, without being liable for any prosecution or damages therefor, and
may relet the premises as the agent of the Tenant, and receive the rent
therefor, upon such terms as shall be satisfactory to the Landlord, and all
rights of the Tenant to repossess the premises under this lease shall be
forfeited. Such re-entry by the Landlord shall not operate to release the
Tenant from any rent to be paid or covenants to be performed hereunder during
the full term of this lease. For the purpose of reletting, the Landlord
shall be authorized to make such repairs or alterations in or to the leased
premises as may be necessary to place the same in good order and condition.
The Tenant shall be liable to the Landlord for the cost of such repairs or
alterations, and all expenses of such reletting. If the sum realized or to
be realized from the reletting is insufficient to satisfy the monthly or term
rent provided in this lease, the Landlord, at its option, may require the
Tenant to pay such deficiency month by month, or may hold the Tenant in advance
for the entire deficiency to be realized during the term of the reletting.
The Tenant shall not be entitled to any surplus accruing as a result of the
reletting. The Landlord is hereby granted a lien, in addition to any statutory
lien or right to distrain that may exist, on all personal property of the
Tenant in or upon the demised premises, to secure payment of the rent and
performance of the covenants and conditions of this lease. The Landlord shall
have the right, as agent of the Tenant, to take possession of any furniture,
fixtures or other personal property of the Tenant found in or about the
premises, and sell the same at public or private sale and to apply the proceeds
thereof to the payment of any monies becoming due under this lease, the Tenant
hereby waiving the benefit of all laws exempting property from execution, levy
and sale on distress or judgment. The Tenant agrees to pay, as additional rent,
all attorney's fees and other expenses incurred by the Landlord in enforcing
any of the obligations under this lease.
Fourth - The Tenant shall not sub-let the demised premises nor any portion
thereof, nor shall this lease be assigned by the Tenant without the prior
written consent of the Landlord endorsed hereon.
Fifth - The Tenant has examined the demised premises, and accepts them in
their present condition (except as otherwise expressly provided herein and
without any representations on the part of the Landlord or its agents as to
the present or future condition of the said premises. The Tenant shall keep
the demised premises in good condition, and shall redecorate, paint and
renovate the said premises as may be necessary to keep them in repair and
good appearance. The Tenant shall quit and surrender the premises at the end of
the demised term in as good condition as the reasonable use thereof will
permit. The Tenant shall not make any alterations, additions, or
improvements to said premises without the prior written consent of the Landlord.
All erections, alterations, additions and improvements, whether temporary or
permanent in character, which may be made upon the premises either by the
Landlord or the Tenant, except furniture or movable trade fixtures installed
at the expense of the Tenant, shall be the property of the Landlord and shall
remain upon and be surrendered with the premises as a part thereof at the
termination of this Lease, without compensation to the Tenant. The Tenant
further agrees to keep said premises and all parts thereof in a clean and
sanitary condition and free from trash, inflammable material and other
objectionable matter. If this lease covers premises, all or a part of which
are on the ground floor, the Tenant further agrees to keep the sidewalks in
front of such ground floor portion of the demised premises clean and free of
obstructions, snow and ice.
Sixth - In the event that any mechanics' lien is filed against the premises
as a result of alterations, additions or improvements made by the Tenant, the
Landlord, at its option, after thirty days' notice to the Tenant, may
terminate this lease and may pay the said lien, without inquiring into the
validity thereof, and the Tenant shall forthwith reimburse the Landlord the
total expense incurred by the Landlord in discharging the said lien, as
additional rent thereunder.
Seventh - The Tenant agrees to replace at the Tenant's expense any and all
glass which may become broken in and on the demised premises. Plate glass
and mirrors, if any, shall be insured by the Tenant at their full insurable
value in a company satisfactory to the Landlord. Said policy shall be of the
full premium type, and shall be deposited with the Landlord or its agent.
Eighth - The Landlord shall not be responsible for the loss of or damage to
property, or injury to persons, occurring in or about the demised premises,
by reason of any existing or future condition, defect, matter or thing in said
demised premises or the property of which the premises are a part, or for the
acts, omissions or negligence of other persons or tenants in and about the
said property. The Tenant agrees to indemnify and save the Landlord harmless
from all claims and liability for losses of or damage to property, or
injuries to persons occurring in or about the demised premises.
Ninth - Utilities and services furnished to the demised premises for the
benefit of the Tenant shall be provided and paid for as follows: water by
the Landlord; gas by the N/A; electricity by the Landlord; heat by the
Landlord; refrigeration by the Landlord; hot water by the Landlord. The
Landlord shall not be liable for any interruption or delay in any of the
above services for any reason.
Tenth - The Landlord, or its agents, shall have the right to enter the
demised premises at reasonable hours in the day or night to examine the same,
or to run telephone or other wires, or to make such repairs, additions or
alterations as it shall deem necessary for the safety, preservation or
restoration of the improvements, or for the safety or convenience of the
occupants or users thereof (there being no obligation, however, on the part
of the Landlord to make any such repairs, additions or alterations), or to
exhibit the same to prospective purchasers and put upon the premises a
suitable "For Sale" sign. For three months prior to the expiration of the
demised term, the Landlord, or its agents, may similarly exhibit the premises
to prospective tenants, and may place the usual "To Let" signs thereon.
Eleventh - In the event of the destruction of the demised premises or the
building containing the said premises by fire, explosion, the elements or
otherwise during the term hereby created, or previous thereto, or such
partial destruction thereof as to render the premises wholly untenantable or
unfit for occupancy, or should the demised premises be so badly injured that
the same cannot be repaired within ninety days from the happening of such
injury, then and in such case the term hereby created shall, at the option of
the Landlord, cease and become null and void from the date of such damage or
destruction, and the Tenant shall immediately surrender said premises and all
the Tenant's interest therein to the landlord, and shall pay rent only to the
time of such surrender, in which event the Landlord may reenter and re-posses
the premises thus discharged from this lease and may remove all parties
therefrom. Should the demised premises be rendered untenantable and unfit for
occupancy, but yet repairable within ninety days from the happening of said
injury, the Landlord may enter and repair the same with reasonable speed, and
the rent shall not accrue after said injury or while repairs are being made,
but shall recommence immediately after said repairs shall be completed. But if
the premises shall be so slightly injured as not to be rendered untenantable
and unfit for occupancy, then the Landlord agrees to repair the same with
reasonable promptness and in that case the rent accrued and accruing shall not
cease or determine. The Tenant shall immediately notify the Landlord in case
of fire or other damage to the premises.
Twelfth - The Tenant agrees to observe and comply with all laws, ordinances,
rules and regulations of the Federal, State, County and Municipal authorities
applicable to the business to be conducted by the Tenant in the demised
premises. The Tenant agrees not to do or permit anything to be done in said
premises, or keep anything therein, which will increase the rate of fire
insurance premiums on the improvements or any part thereof, or on property
kept therein, or which will obstruct or interfere with the rights of other
tenants, or conflict with the regulations of the Fire Department or with any
insurance policy upon said improvements or any part thereof. In the event of
any increase in insurance premiums resulting from the Tenant's occupancy of
the premises, or from any act or omission on the part of the Tenant, the
Tenant agrees to pay said increase in insurance premiums on the improvements
or contents thereof as additional rent.
Thirteenth - No sign, advertisement or notice shall be affixed to or placed
upon any part of the demised premises by the Tenant, except in such manner,
and of such size, design and color as shall be approved in advance in writing
by the Landlord.
Fourteenth - This lease is subject and is hereby subordinated to all present
and future mortgages, deeds of trust and other encumbrances affecting the
demised premises or the property of which said premises are a part. The
Tenant agrees to execute, at no expense to the Landlord, any instrument which
may be deemed necessary or desirable by the Landlord to further effect the
subordination of this lease to any such mortgage, deed of trust or
encumbrance.
Fifteenth - In the event of the sale by the Landlord of the demised premises,
or the property of which said premises are a part, the Landlord or the
purchaser may terminate this lease on the thirtieth day of April in any year
upon giving the Tenant notice of such termination prior to the first day of
January in the same year.
Sixteenth - The rules and regulations regarding the demised premises, affixed
to this lease, if any, as well as any other and further reasonable rules and
regulations which shall be made by the Landlord, shall be observed by the
Tenant and by the Tenant's employees, agents and customers. The Landlord
reserves the right to rescind any presently existing rules applicable to the
demised premises, and to make such other and further reasonable rules and
regulations as, in its judgement, may from time to time be desirable for the
safety, care and cleanliness of the premises, and for the preservation of
good order therein, which rules when so made and notice thereof given to the
Tenant, shall have the same force and effect as if originally made a part of
this lease. Such other and further rules shall not, however, be inconsistent
with the proper and rightful enjoyment by the Tenant of the demised premises.
Seventeenth - In case of violation by the Tenant of any of the covenants,
agreements and conditions of this lease, or of the rules and regulations now
or hereafter to be reasonably established by the Landlord, and upon failure
to discontinue such violation within ten days after notice thereof given to the
Tenant, this lease shall thenceforth, at the option of the Landlord, become
null and void, and the Landlord may re-enter without further notice or
demand. The rent in such case shall become due, be apportioned and paid on
and up to the day of such re-entry, and the Tenant shall be liable for all
loss or damage resulting from such violation as aforesaid. No waiver by the
Landlord of any violation or breach of condition by the Tenant shall
constitute or be construed as a waiver of any other violation or breach of
condition, nor shall lapse of time after breach of condition by the Tenant
before the Landlord shall exercise its option under this paragraph operate to
defeat the right of the Landlord to declare this lease null and void and to
re-enter upon the demised premises after the said breath or violation.
Eighteenth -....premises shall be in writing. If the Landlord or its agent
desires to give or serve upon the Tenant any notice or demand, it shall be
sufficient to send a copy thereof by registered mail, addressed to the Tenant
at the demised premises, or to leave a copy thereof with a person of suitable
age found on the premises, or to post a copy thereof upon the door to said
premises. Notices from the Tenant to the Landlord shall be sent by
registered mail or delivered to the Landlord at the place hereinbefore
designated for the payment of rent, or to such party or place as the Landlord
may from time to time designate in writing.
Nineteenth - It is further agreed that if at any time during the term of this
lease the Tenant shall make any assignment for the benefit of creditors, or
be decreed insolvent or bankrupt according to law, or if a receiver shall be
appointed for the Tenant, then the Landlord may, at is option, terminate this
lease, exercise of such option to be evidenced by notice to that effect
served upon the assignee, receiver, trustee or other person in charge of the
liquidation of the property of the Tenant or the Tenant's estate, but such
termination shall not release or discharge any payment of rent payable
hereunder and then accrued, or any liability then accrued by reason of any
agreement or covenant herein contained on the part of the Tenant, or the
Tenant's legal representatives.
Twentieth - In the event that the Tenant shall remain in the demised premises
after the expiration of the term of this lease without having executed a new
written lease with the Landlord, such holding over shall not constitute a
renewal or extension of this lease. The Landlord may, at its option, elect
to treat the Tenant as one who has not removed at the end of his term, and
thereupon be entitled to all the remedies against the Tenant provided by law
in that situation, or the Landlord may elect, at its option, to construe such
holding over as a tenancy from month to month, subject to all the terms and
conditions of this lease, except as to duration thereof, and in the event the
Tenant shall pay monthly rent in advance at the rate provided therein as
effective during the last month of the demised term.
Twenty-first - If the property or any part thereof wherein the demised
premises are located shall be taken by public or quasi-public authority under
any power of eminent domain or condemnation, this lease, at the option of the
Landlord, shall forthwith terminate and the Tenant shall have no claim or
interest in or to any award of damages for such taking.
Twenty-second - The Tenant has this day deposited with the Landlord the sum
of $ (*equivalent to two month's rent) 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 vendee 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 to every transfer or assignment made of the security to a new Landlord.
The security deposited under this lease shall not be mortgaged, assigned or
encumbered by the Tenant without the written consent of the Landlord.
Twenty-third - Any dispute arising under this lease shall be settled by
arbitration. Then Landlord and Tenant shall each choose an arbitrator, and
the two arbitrators thus chosen shall select a third arbitrator. The
findings and award of the three arbitrators thus chosen shall be final and
binding on the parties hereto.
Twenty-fourth - No rights are to be conferred upon the Tenant until this
lease has been signed by the Landlord, and an executed copy of the lease has
been delivered to the Tenant.
Twenty-fifty - The foregoing rights and remedies are not intended to be
exclusive but as additional to all rights and remedies the Landlord would
otherwise have by law.
Twenty-sixth - All of the terms, covenants and conditions of this lease shall
inure to the benefit of and be binding upon the respective heirs, executors,
administrators, successors and assigns of the parties hereto. However, in
the event of the death of the Tenant, if an individual, the Landlord may, at
its option, terminate this lease by notifying the executor or administrator of
the Tenant at the demised premises.
Twenty-seventh - 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 in 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 the National Emergency declared by the President of the
United States or in connection with any rule, order or regulation of any
department or subdivision thereof of any government agency or by reason of the
conditions of supply and demand which have been or are affected by the war.
Twenty-eighth - This instrument may not be changed orally.
See attached rider.
IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals
the day and year first above written.
Witness:
By: /s/ Xxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxx
Landlord
By: /s/ Xxxxx X. Xxxxx
Xxxxx X. Xxxxx
President
Tenant
RIDER TO LEASE DATED SEPTEMBER , 1996
BETWEEN EUROPEAN AMERICAN BANK, LANDLORD
AND LEXICON ENVIRONMENTAL ASSOCIATES, INC., TENANT
Twenty-ninth. -- Possession shall be upon completion of build out
which is anticipated to happen between November 1 and November
15, 1996. Build out specifications are referenced as Xxxxxxx
Carpentry estimate and Xxx Xxxxx Design drawing and attached as
Exhibit A. Rent Commencement shall be sixty (60) days from
Possession. If Rent Commencement is other than the first day of
the month, a proportional monthly share shall be applicable.
Term shall expire on the last day of the sixtieth (60) month from
Possession.
Thirtieth. -- Upon execution of this Lease, Tenant shall provide
Landlord with the following:
$1,659.37 which shall be for the first full month following
Rent Commencement.
$3,318.74 which shall be security deposit. This will be in
an interest bearing account subject to Landlord's administrative
fee and shall be returnable to Tenant upon Term expiration
provided Tenant is not in default of any term and condition of
this Lease, including damage to demised premises or building
caused by Tenant.
$8,000.00 which shall be applied to the build out account
and is not returnable under any condition.
Thirty-first. -- Tenant shall pay as Additional Rent its pro-rata
share of real estate taxes and electricity over Base Period.
Pro-rata share is 4.4%. Base Period is the twelve (12) month
period following Possession.
Thirty-second. -- Tenant shall be responsible for cleaning of
demised premises. Tenant shall place normal office refuse,
bagged, in the designated area at a designated time for pick-up
by the Town of Hempstead. A document titled, "Rules for Trash",
is attached as Exhibit B and made a part of this Lease.
Thirty-third. -- Tenant shall have its name posted on the
Directory Board in the lobby of the building and be supplied with
a mail box in the lobby. Landlord will install temporary
carpeting in the portion of the hallway between the
stairway/elevator and premises entrance. No signage shall be
permitted on the outside of the building or in the windows of the
demised premises without prior written approval of the Landlord.
Thirty-fourth. -- Tenant shall have an option to extend this
Lease for three (3) additional years provided Tenant is not in
default of any term or condition of this Lease and Tenant is in
good standing. Notification of option shall be not earlier than
the last day of the 54th month nor later than the last day of the
57th month of the original Term.
Thirty-fifth. -- Tenant shall have right of first refusal for
adjacent office space on the second floor of the building,
provided Tenant is not in default of any term or condition of the
Lease and Tenant is a Tenant in good standing. Landlord will
provide a build out similar to demised premises and Rental and
Additional Rental shall be at the same rates Tenant is then
paying, increasing proportionately with the increased space.
Notice of first refusal request must be delivered by certified
mail to the Property Management Department and is subject to
approval by Landlord's management. Landlord shall notify Tenant
by certified mail to the demised premises of its approval or
disapproval and Tenant shall have five (5) days to accept or
decline the additional office space.
Thirty-sixth. -- If adjacent office space on the second floor is
not available, Landlord will use its best efforts to provide
additional space in the building. If Landlord's management
approves the build out, the space shall be added to this Lease by
Amendment to Lease.
Thirty-seventh. -- Tenant shall carry comprehensive liability
insurance with a minimum of $1,000,000 for personal injury and
$100,000 for property damage. Landlord shall be a named insured
and provided with a certificate of insurance.
Thirty-eighth. -- Rental and Additional Rental shall be in
default if not paid within ten (10) days of due date. Upon
default, amounts due shall be subject to a late fee of six
percent (6%) and shall bear interest of ten percent (10%) from
due date.
Thirty-ninth. -- The parties represent and warrant that American
Corporate Real Estate and Xxxxxxx, Xxxxxx & Company acted as
co-brokers for the space. Landlord shall pay the brokerage fee
pursuant to a separate agreement.
Fortieth. -- Tenant shall have the option to terminate the Lease
at any time after three (3) years provided that ninety (90) days
prior written notice be provided to Landlord. Furthermore,
tenant shall not be subject to any penalty for exercising this
option, inclusive of security deposit.
Forty-first. -- Tenant shall be entitled to a credit of $1,760.43
to be applied against the installment representing the
twenty-fifth (25th) month of Lease Term.
XXXXXXX CARPENTRY
X.X. Xxx 000
Xxxxxxxxxx Xxx 000 000-0000
Jamesport, N.Y. 11947
Date 9/6/96
To:Lexicon Environmental Assoc. Inc.
000 Xxxx Xxxxxx Xxxxxx - Xxxxx 000
Xxxx Xxxxxxx, XX 00000-0000 Estimate #CC 9652
Atn:Xxxx X. Xxxxxx
Re:Build-out at EAB Franklin Square
Dear Sir:
We propose to furnish the labor and material to do the following:
1.CARPENTRY
a. Construct approx. 170' lineal ft. of two-ply 2 1/2"
steel stud partition. Tape and spackle ready for
paint.
b. Furnish and install seven hollow core luaun doors on
metal frames.
c.Patch all existing ceilings after lighting removals.
d.Install seven lever handle locksets.
e.Fabricate coat rack in future conference room.
2.ELECTRICAL
a. Furnish and install 21 power receptacles.
b. Furnish and install 10 phone receptacles.
c. Pull all phone cable and terminate onto cut board.
d. Remove all old recessed lighting fixtures and dispose
of.
e. Furnish and install 20 new 2 x 4 surface mount
flourescent light fixtures.
f. Furnish and install nine light switches.
g. Furnish and install two Exit signs.
h. Furnish and install three Emergency lighting heads.
3.HVAC
a. Supplied by EAB bank all necessary drops.
4.PAINT
a. Paint entire interior of new space including walls and
ceilings with standard Xxxxxxxx Xxxxx paint.
5.FLOORING
a. Furnish and install new 20 oz. carpeting, color to be
chosen, with the direct glue down method. Install 4"
vinyl cove base.
EXHIBIT B
000 XXXXXXXXX XXXXXXXX
XXXXXXxX XXXXXX
RULES FOR TRASH
6th Sanitation District. Town of Hempstead.
Trash must be bagged or in a container.
Broken glass must be boxed and clearly marked as such.
Cardboard must be flattened. It may be tied or placed in a
reasonable sized container.
Trash must be placed in the fenced area for trash. It must not
be thrown in.
This is your area. Treat it with respect. Town employees are
human beings to be treated with dignity. If there is a problem
the Inspector will determine the source and that entity will be
fined. Town requirements mandate that an attorney must appear
with the offender at a hearing.
