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EXHIBIT 10.53
TEXAS ASSOCIATION OF REALTORS(R)
COMMERCIAL LEASE
This lease agreement is made and entered into by and between J.R. Xxxxx,
Inc. (Landlord) and Sprint Industrial Ser. Tank Leasing (Tenant), Landlord
hereby leases to Tenant and Tenant hereby leases from Landlord that certain
property with the improvements thereon, containing approximately 87,000 (plus or
minus) square feet, hereinafter called the "leased premises", known as 0000 X.
Xxxxxxxx Xx., Xxxxxxxx, Xxxxx 00000 (Address), Xxx 0, Xxxxx 0, Xxxxx X. Xxxxxx
Xxxxxxxx, Xxxx of Beaumont, Jefferson County, Texas; or as more particularly
described below or on attached exhibit:
The primary term of this lease shall be 12 months commencing on the 1st
day of November, 1991, and ending on the 31st day of October, 1992, upon the
following terms, conditions, and covenants:
1. TAXES. Each year during the term of this lease, Landlord shall pay real
estate taxes assessed against the leased premises in an amount equal to
the total real estate taxes assessed against the leased premises in the
base year.
2. UTILITIES. Tenant shall pay all charges for utility services to the
leased premises.
3. HOLDING OVER. Failure of Tenant to surrender the leased premises at the
expiration of the lease constitutes a holding over which shall be
construed as a tenancy from month to month at a rental of $770.00 per
month.
4. RENT. Tenant agrees to and shall pay Landlord at 2666 Calder-Bmt., County
of Jefferson, Texas, or at such other place Landlord shall designate from
time to time in writing, as rent for the leased premises, the total sum of
48,400.00, payable without demand in equal monthly payments of $700.00
each in advance on or before the 1st day of each month, commencing on
11/1, 1991, and continuing thereafter until the total sum shall be paid.
Adjustment to the rent, if any, for rent escalators, for percentage of net
rent, or for increases in building operation costs (including but not
limited to insurance, custodial services, maintenance and utilities) shall
be as set forth in an attached addendum. Rent received after the first
day of the month shall be deemed delinquent. If rent is not received by
Landlord by the 5th of each month, Tenant shall pay a late charge of $7.00
plus a penalty of $1.00 per day until rent is received in full. Tenant
shall pay $20.00 for each returned check.
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5. USE. Tenant shall use the leased premises for the following purposes and
no other: Tank Leasing Business.
6. SECURITY DEPOSIT. Tenant shall pay to Landlord a security deposit in the
sum of $700.00, payable on or before the commencement of this lease for
Tenant's faithful performance hereunder. Refund thereof shall be made
upon performance of this lease agreement by Tenant, minus any assessments
or damages unless Landlord and Tenant provide otherwise in Special
Provisions.
7. INSURANCE. Tenant shall pay for fire and extended coverage insurance on
the building and other improvements on the leased premises in an amount
not less than $adequate, which amount shall be increased yearly in
proportion to the increase in market value of the premises. If Landlord
provides any insurance herein, Tenant shall pay to Landlord, during the
term hereof, the amount of any increase in premiums for the insurance
required over and above such premiums paid during the first year of this
lease. Tenant shall provide public liability and property damage
insurance for its business operations on the leased premises in the amount
of $100/300 which policy shall cover the Landlord as well as the Tenant.
Said insurance policies required to be provided by Tenant herein shall
name Landlord as an insured and evidencing the coverage required herein.
Tenant shall be solely responsible for fire and casualty insurance on
Tenant's property on or about the leased premises. If Tenant does not
maintain such insurance in full force and effect, Landlord may notify
Tenant of such failure and if Tenant does not deliver to Landlord within
30 days after such notice certification showing all such insurance to be
in full force and effect, Landlord may at his option, take out the
necessary insurance to comply with the provision hereof and pay the
premiums on the items specified in such notice, and Tenant covenants
thereupon on demand to reimburse and pay Landlord any amount so paid or
expended in the payment of the insurance premiums required hereby and
specified in the notice, with interest thereon at the rate of 10% percent
per annum from the date of such payment by Landlord until repaid by
Tenant.
8. CONDITION OF PREMISES. Tenant has examined and accepts the leased
premises in its present as is condition as suitable for the purposes for
which the same are leased, and does hereby accept the leased premises
regardless of reasonable deterioration between the date of this lease and
the date Tenant begins occupying the leased premises unless Landlord and
Tenant agree to repairs or refurbishment as noted in Special Provisions.
9. MAINTENANCE AND REPAIRS. Tenant shall keep the foundation, the exterior
walls (except glass; windows; doors; door closure devices; window and door
frames, molding, locks, and hardware; and interior painting or other
treatment of exterior walls), and the roof of the leased premises in good
repair except that Landlord shall not be required to make any repairs
occasioned by the act or negligence of Tenant, its employees, subtenants,
licensees and concessionaires. Tenant is responsible for maintenance of
the common area and common area equipment. If Landlord is responsible for
any such repair and maintenance,
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Tenant agrees to give Landlord written notice of need repairs. Landlord
shall make such repairs within a reasonable time. Tenant shall notify
Landlord immediately of any emergency repairs. Tenant shall keep the
leased premises in good, clean condition and shall at its sole cost and
expense, make all needed repairs and replacements, including replacement
of cracked or broken glass, except for repairs and replacements required
to be made by Landlord under this section. If any repairs required to be
made by Tenant hereunder are not made within ten (10) days after written
notice delivered to Tenant by Landlord, Landlord may at its option make
such repairs without liability to Tenant for any loss or damage which may
result by reason of such repairs, and Tenant shall pay to Landlord upon
demand as additional rent hereunder the cost of such repairs plus
interest. At the termination of this lease. Tenant shall deliver the
leased premises in good order and condition, reasonable wear and tear
excepted.
10. ALTERATIONS. All alterations, additions and improvements, except trade
fixtures, installed at expense of Tenant, shall become the property of
Landlord and shall remain upon and be surrendered with the leased premises
as a part thereof on the termination of this lease. Such alterations,
additions, and improvements may only be made with the prior written
consent of Landlord, which consent shall not be unreasonably withheld. If
consent is granted for the making of improvements or alterations to the
leased premises, such improvements and alterations shall not commence
until Tenant has furnished to Landlord a certificate of insurance showing
coverage in an amount satisfactory to Landlord protecting Landlord from
liability for injury to any person and damage to any personal property, on
or off the leased premises, in connection with the making of such
improvements or alterations. No cooling tower, equipment, or structure
temporarily, so that repairs to the roof can be made. Tenant shall
promptly remove and reinstall the cooling tower, equipment or structure at
Tenant's expense and repair at Tenant's expense any damage resulting from
such removal or reinstallation. Upon termination of this lease, Tenant
shall remove or cause to be removed from the roof any such cooling tower,
equipment or structure if directed to do so by Landlord. Tenant shall
promptly repair at its expense any damages resulting from such removal.
At the termination of this lease, Tenant shall deliver the leased premises
in good order and condition, natural deterioration only excepted. Any
damage caused by the installation or removal of trade fixtures shall be
repaired at Tenant's expense prior to the expiration of the lease term.
All alterations, improvements, additions, and repairs made by Tenant shall
be made in good and workmanlike manner.
11. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense,
comply with all laws, orders, and requirements of all governmental
entities with reference to the use and occupancy of the leased premises,
Tenant and Tenant's agents, employees and invitees shall fully comply with
any rules and regulations governing the use of the buildings or other
improvements to the leased premises as required by Landlord, Landlord may
make reasonable changes in such rules and regulations from time to time as
deemed advisable for the safety, care and cleanliness of the leased
premises, provided same are in writing and are not in conflict with this
lease.
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12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease nor sublet
the leased premises or any interest therein without first obtaining the
written consent of Landlord. An assignment or subletting without the
written consent of Landlord shall be void and shall, at the option of
Landlord, terminate this lease.
13. DESTRUCTION. In the event the leased premises is partially damaged or
destroyed or rendered partially unfit for occupancy by fire or other
casualty, Tenant shall give immediate notice to Landlord. Landlord may
repair the damage and restore the leased premises to substantially the
same condition as immediately prior to the occurrence of the casualty.
Such repairs shall be made at Landlord's expense unless due to Tenant's
negligence, Landlord shall allow Tenant a fair reduction of rent during
the time the leased premises are partially unfit for occupancy. If the
leased premises are totally destroyed or deemed by the Landlord to be
rendered unfit for occupancy by fire or other casualty, or if Landlord
shall decide not to repair or rebuild, this lease shall terminate and the
rent shall be paid to the time of such casualty.
14. TENANT DEFAULT. If Tenant abandons the premises or otherwise defaults in
the performance of any obligations or covenants herein, Landlord may
enforce the performance of this lease in any manner provided by law. This
lease may be terminated at Landlord's discretion if such abandonment or
default continues for a period of 10 days after Landlord notifies Tenant
of such abandonment or default and of Landlord's intention to declare this
lease terminated. Such notice shall be sent by Landlord to Tenant at the
leased premises by certified mail or otherwise. If Tenant has not
completely removed or cured default within the 10 day period, this lease
shall terminate. Thereafter, Landlord or its agents shall have the right,
without further notice or demand, to enter the leased premises and remove
all persons and property without being deemed guilty of trespass and
without waiving any other remedies for arrears of rent or breach of
covenant. Upon abandonment or default by the Tenant, the remaining unpaid
portion of the rental from paragraph 4 herein, shall become due and
payable.
15. LIEN. Landlord is granted an express contractual lien, in addition to any
lien provided by law, and a security interest in all property of Tenant
found on the leased premises to secure the compliance by Tenant with all
terms of this lease. In the event of default, Landlord or its agents may
peaceably enter the leased premises and remove all property and dispose of
same as Landlord shall see fit.
16. SUBORDINATION. Landlord is hereby irrevocably vested with full power and
authority to subordinate this lease to any mortgage, deed of Trust, or
other lien hereafter placed on the demised premised and Tenant agrees on
demand to execute such further instruments subordinating this lease as
Landlord may request, provided such subordination shall be on the express
condition that this lease shall be recognized by the mortgagee, and the
rights of Tenant shall remain in full force and effect during the term of
this lease so long as Tenant shall continue to perform all of the
covenants and conditions of this lease.
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17. INDEMNITY. Landlord and its employees and agents shall not be liable to
Tenant or to Tenant's employees, patrons, visitors, invitees, or any other
persons for any injury to any such persons or for any damage to personal
property caused by an act, omission, or neglect of Tenant or Tenant's
agents or of any other tenant of the premises of which the leased premises
is a part. Tenant agrees to indemnify and hold Landlord and its employees
and agents harmless from any and all claims for such injury and damages,
whether the injury occurs on or off the leased premises.
18. SIGNS. Tenant shall not post or paint any signs at, on, or about the
leased premises or paint the exterior walls of the building except with
the prior written consent of the Landlord, Landlord shall have the right
to remove any sign or signs in order to maintain the leased premises or to
make any repairs or alterations thereto.
19. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary
assignment for the benefit of creditors or if a receiver is appointed for
Tenant, Landlord may terminate this lease by giving five (5) days written
notice to Tenant of Landlord's intention to do so.
20. CONDEMNATION. If the whole or any substantial part of the leased premises
is taken for any public or quasi-public use under any governmental law,
ordinance or regulation or by right of eminent domain or should the leased
premises be sold to a condemning authority under threat of condemnation,
this lease shall terminate and the rent shall be abated during the
unexpired portion of the lease effective from the date of the physical
taking of the leased premises.
21. BROKER'S FEE, Prudential duPerier R.E. Broker and ____________________
Co-Broker, as Real Estate Broker (the Broker), has negotiated this lease
and Landlord agrees to pay Broker in Jefferson County, Texas, upon
commencement of this lease, a negotiated fee of $_______ or 5% of the
total rental provided for in this lease to be divided as follows: 100%
Prudential duPerier . In the event this lease is extended, expanded or
renewed, Landlord agrees to pay Broker an additional negotiated fee of
$_________ or 5% of the total rental for such extension, expansion or
renewal period, payable at the time of commencement of such extension,
expansion or renewal, said fee to be divided as follows: 100% Prudential
duPerier, Tenant warrants that it has had o dealings with any real estate
broker or agents in connection with the negotiation of this lease
excepting only Prudential duPerier and it knows of no other real estate
broker or agent who is entitled to a commission in connection with this
Lease. If Tenant during the term of this Lease, or any extension,
expansion or renewal period thereof, or within 365 days of the expiration
of this Lease, or any extension, expansion or renewal period thereof
purchases the property herein leased, Landlord agrees to pay Broker,
Prudential duPerier Real Estate in Jefferson County, Texas, a negotiated
fee of $________ or 6% of the sales price upon closing of the sale of this
property.
22. NOTICES. Notices to Tenant shall be by certified mail or other delivery
to the leased premises. Notices to Landlord shall be by certified mail to
the place where rent is payable.
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23. DEFAULT BY LANDLORD. In the event of breach by Landlord or any covenant,
warranty, term or obligation of this lease, then Landlord's failure to
cure same or commence a good faith effort to cure same within 10 days
after written notice thereof by Tenant shall be considered a default and
shall entitle Tenant either to terminate this lease or cure the default
and make the necessary repairs and any expense incurred by Tenant shall be
reimbursed by the Landlord after reasonable notice of the repairs and
expenses incurred. If any utility services furnished by Landlord are
interrupted and continue to be interrupted despite the good faith efforts
of Landlord to remedy same, Landlord shall not be liable in any respect
for damages to the person or property of Tenant or Tenant's employees,
agents, or guests, and same shall not be construed as grounds for
constructive eviction or abatement of rent, Landlord shall use reasonable
diligence to repair and remedy such interruption promptly.
24. SIGNS. During the last 30 days of this lease, a "For Sale" sign and/or a
"For Lease" sign may be displayed on the leased premises and the leased
premises may be shown at reasonable times to prospective purchasers or
tenants.
25. RIGHT OF ENTRY. Landlord shall have the right during normal business
hours to enter the demised premises; a) to inspect the general condition
and state of repair thereof, b) to make repairs required or permitted
under this lease, or c) for any other reasonable purpose.
26. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision
of this lease shall not constitute a continuing waiver or a waiver of any
subsequent breach of the same or a different provision of this lease.
27. TIME OF ESSENCE. Time is expressly declared to be of the essence in this
lease.
28. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease
pertaining to assignment of the Tenant's interest, all provisions of this
lease shall extend to and bind, or inure to the benefit not only of the
parties to this lease but to each and every one of the heirs, executors,
representatives, successors, and assigns of Landlord or Tenant.
29. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease
agreement are cumulative and the use of any one right or remedy by either
party shall not preclude or waive its right to use any or all other
remedies. Said rights and remedies are given in addition to any other
rights the parties may have by law, statute, ordinance, or otherwise.
30. TEXAS LAW TO APPLY. This agreement shall be construed under and in
accordance with the laws of the State of Texas.
31. LEGAL CONSTRUCTION. In case any one or more of the provisions contained
in this agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect,
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such invalidity, illegality, or unenforceability shall not affect any
other provision hereof and this agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained
herein.
32. PRIOR AGREEMENTS SUPERSEDED. This agreement constitute the sole and only
agreement of the parties to this lease and supersedes any prior
understandings or written or oral agreements between the parties
respecting the subject matter of this lease.
33. AMENDMENT. No amendment, modification, or alteration of the terms hereof
shall be binding unless it is in writing, dated subsequent to the date
hereof, and duly executed by the parties.
34. ATTORNEY'S FEES. Any signatory to this lease agreement who is the
prevailing party in any legal proceeding against any other signatory
brought under or with relation to this lease agreement or this
transaction shall be additionally entitled to recover court costs,
reasonable attorney fees, and all other out-of-pocket costs of litigation,
including deposition, travel and witness costs, from the nonprevailing
party.
35. SPECIAL PROVISIONS. (This section to include additional factual data not
included above.)
1. This lease executed by the undersigned Parties acknowledge and agree
that this lease is a "ground lease"; and,
2. That Tenant at Tenant's sole expense is to install a mobil or modular
office structure on said premises. All utility expense such as
electric, water, sewer, etc. are to be born by Tenant; and,
3. Upon termination, Tenant agrees to remove said structure and to
disengage all utilities in a proper manner. This paragraph
supersedes paragraph 10.
EXECUTED this ____ day of October, 1991.
TENANT or TENANTS LANDLORD
Sprint Industrial Services Tank J.R. Xxxxx, Inc.
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Leasing
By: /s/ Xxx Xxxxxxxx By: /s/ X. X. Xxxxx
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Xxx Xxxxxxxx, President X.X. Xxxxx
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REAL ESTATE BROKER REAL ESTATE BROKER
Prudential duPerier Real Estate
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LICENSE NO. LICENSE NO.
By: /s/ Xxxxx X. Xxxx By:
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Xxxxx X. Xxxx
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[Note: This form has been prepared by Xxxx & Xxxxx, P.C., attorneys for the
Texas Association of REALTORS (TAR), Xxxx & Xxxxx, P.C. has approved this form
for use by TAR member brokers and salespersons for the purpose of leasing
improved commercial real property for business purposes. This form has not
been drafted for a specific transaction, therefore, the parties are advised to
consult an attorney of their choice before signing.)
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