Exhibit 10.8
COMMERCIAL LEASE AND DEPOSIT RECEIPT
TENANT: GENERAL PARCEL SERVICES, INC.
TERM: FIVE (5) YEARS, TWENTY-THREE (23) DAYS
DATE SIGNED:
INITIAL MONTHLY RENT: $1,900.00
EFFECTIVE DATE: July 9, 1996
RENEWAL DATE: July 31, 2001
RECEIVED FROM GENERAL PARCEL SERVICES, INC. hereinafter referred
to as Tenant, the sum of THREE THOUSAND SIX HUNDRED TEN and
65/100 DOLLARS ($3,610.65), evidenced by CHECK, as a deposit
which, shall be applied as follows:
RECEIVED PAYABLE PRIOR
TO OCCUPANCY
Rent for the period
from 7/9/96 to 7/31/96 $ 1,409.68 $
Last month's rental $ $
Security deposit $ 2,207.97 $
Key deposit $ $
Cleaning charge $ $
Other $ $
--------- ---------
TOTAL $ 3,610.65 $
STATE OF SOUTH CAROLINA, COUNTY OF CHARLESTON
THIS AGREEMENT entered into this day of July; 1996 between
GENERAL PARCEL SERVICES, INC., hereinafter referred to as
Tenant, and J.P. GAILLARD, ET AL. hereinafter referred to as
Landlord.
WITNESSETH:
1. PREMISES. That Landlord, in consideration of rents,
covenants and conditions mentioned herein, to be paid, kept,
performed and observed by Tenant does hereby demise, lease and
let unto Tenant, and Tenant does hereby hire and take from
Landlord the premises known as:
7385 Industry Drive, N. Charleston, SC, 29418
2. TERM. To have and to hold said leased premises for the term
of five (5) years and twenty-three (23) days beginning July 9,
1996 and ending July 31, 2001.
3. RENT. Tenant shall pay, to the Landlord, a Monthly Base
Rental and Additional Rent as follows:
(A) MONTHLY BASE RENTAL. Tenant shall pay a Monthly Base Rental
to Landlord for each calendar month during the term of this
lease or any renewal thereof, in advance on or before the first
day, of each succeeding month. The amount of the Monthly Base
Rental for the first year of this lease shall be ONE THOUSAND
NINE HUNDRED and 00/100 DOLLARS ($1,900.00). The rental for the
first month of the term of this lease shall be paid at the date
of the execution hereof. If such date be other then the first
day of the calendar month, such first rental payment shall be
prorated for the period between the effective date of this lease
and the first day of the following month.
(1) MONTHLY BASE RENTAL ADJUSTMENTS The Monthly Base Rental
shall be subject to an annual accumulative adjustment upward on
each anniversary date of this lease for the succeeding twelve
months. Said annual rental adjustment shall be determined by
increasing tile Monthly Base Rental an amount equal to the sum
of subparagraphs (a) below applied to the previous 12 months of
this lease, or any renewal thereof.
(a) STEP UP. The Monthly Base Rental shall be increased
annually as follows: The monthly base rental amount shall be
increased by three (3) percent annually-
(B) ADDITIONAL RENT. In addition to the Monthly Base Rental
and its annual accumulative adjustments, Tenant shall pay
Additional Rent as indicated herein below in subparagraphs (1)
and (2).
(1) TAX INCREASE. Tenant shall pay annually a sum equal to any
increase in real estate taxes (ad valorem, special assessments,
or any other government charges) over those assessed for 1995,
on a pro rata basis. Presentation of copies of tax bills shall
constitute sufficient evidence of Additional Rent due and shall
be payable within 15 days after receipt thereof. Tenant shall
be charged Additional Rent only for that portion of the calendar
year during which the lease was in effect.
(2) INSURANCE. The Monthly Base Rental shall be increased
annually by an AMOUNT equal to one twelfth of any increase
during tire previous 12 months in the annual cost of fire and
extended coverage insurance for the leased premises, whether by
reason of increased coverage or by increase in rate. Landlord
shall keep the premises adequately insured at a reasonable rate.
(C) ADDITIONAL CHARGES. Any charges due Landlord by Tenant,
including but not limited to damage to premises, legal fees,
cost of default by remedies, and past due charges for utilities,
insurance, cleaning, maintenance and repairs, etcetera or for
work done on the premises by order of Tenant, shall be
considered as Additional Rent due (in addition to all other rent
payable) and shall be included in any lien for rent. In the
event any documentary stamp tax, or tax levied an rental or
leasing of the pretrial is required the cost shall be paid by
the Tenant upon demand. The cost of a credit report on the
Tenant, which may be requested at the Landlord's option shall be
paid by the Tenant.
4. TENANT'S UTILITIES. Tenant shill pay all charges or bills
for all utilities and scavenger services used by Tenant, EXCEPT:
NONE. Additionally, Tenant shall pay, any solid waste user-fee
as a result of trash, sanitation disposal, dumpster or
collection service levied by any governmental authority.
5. USE OF PREMISES. Tenant agrees to use entire leased
premises for office and warehouse space related to delivery
services and for no other purposes. Pets, animals, or birds may
not be kept on the premises without the Landlord's written
permission. These premises may not be used for sleeping
quaintest or apartments, for games of chance of any form of
gambling, immoral conduct or any other illegal activity.
6. EXAMINATION OF PREMISES. Tenant his examined the leased
premises and is familiar with their present condition. Tenant,
relying solely on said examination, agrees to accept premises in
their present condition except for specific items listed herein
or itemized on attached check-in list,
7. DELAY OF POSSESSION. If Landlord is unable to deliver
possession of leased premises on the effective date of this
lease, by reason of the holding over of a prior Tenant or for
any other reason, this lease shall not be affected or impaired
in any way and Landlord shall not be ratable to Tenant for any
loss of damage resulting therefrom. The effective date of this
lease, however, shall not begin until the delivery of
possession. If Landlord, however, is unable to deliver
possession of the premises to Tenant by July 23, 1996, Tenant
shall have the right to cancel this lease upon written notice
delivered to Landlord and upon such cancellation Landlord and
Tenant shall each be released and discharged from all liability
under this lease. In such case, any deposit or prepaid rent
shall be promptly returned to the Tenant.
8. TENANT'S PARKING. Parking of vehicles owned or operated
by Tenant or Tenant's employees is hereby limited, restricted
or prohibited, as follows:
9. LIABILITY INSURANCE. Tenant shall not carry any stock of
goods or do anything in or about the leased premises which will
in any way restrict or invalidate any insurance coverage of the
leased premises. Tenant agrees to pay upon demand as Additional
Rent any increase in premiums of insurance carried by the
Landlord on the leased premises resulting from the Tenant's use
or occupancy. Tenant shall keep in full force and effect, at
Tenant's expense, insurance for plate glass, personal properly,
trade fixtures, and property damages, as well as a public
liability policy, in both Tenant and Landlord shall be named as
the insured with the following minimum coverage: $300,000.00.
10. MAINTENANCE AND REPAIRS. Landlord shall repair and
maintain the foundation, roof, outer walls and structural
members of the leased premises. Tenant shall, at Tenant's sole
expense, make all of the repairs necessary to maintain the
leased premises, both interior and exterior, ordinary and
extraordinary, including window glass, plate glass, storefronts,
doors, windows, screens, awnings, locks, keys, weather shipping
and thresholds, as well as all interior walls, floors, ceilings.
and floor coverings. Tenant's responsibility to maintain the
premises shall also include the servicing, repair, maintenance,
and it caused by Tenant's neglect, replacement of the plumbing,
electrical[, ventilating, hearing and air conditioning systems,
including all pipes, wiring, fixtures, filters, equipment,
machinery, boilers, furnaces, compressors and appliances.
Tenant shall also repair and be responsible for any damage
caused by stoppage, breakage, leakage, overflow , discharge or
freezing of plumbing pipes, soil lines, or fixtures. If any
part of the leased premises is damaged by the Tenant, or
Tenant's employees, agents or invitees or by any breakage and
entering of said premises, or by any attempt to break and enter
leased premises, Tenant shall provide Landlord with immediate
written notification of all damages to the property, After
notification and approval of the Landlord, repairs shall be made
promptly at Tenant's expense so as to restore said premises to
its previous condition. If Tenant refuses or neglects to
commence necessary repairs within 10 days after written demand,
or does not complete such repairs within a reasonable time
thereafter, Landlord may make said repairs without liability to
Tenant for any loss or damage that may accrue to Tenant's stock,
business or fixtures by reason thereof, and if Landlord makes
such repairs, Tenant shall pay to Landlord, on demand, as
Additional Rent, the cost thereof. Tenant's failure to pay
shall constitute it default of this lease. Repairs that are tile
Landlords responsibility, shall be made within a reasonable time
after written notice from the Tenant. Tenant's failure to give
or unreasonable delay in giving notice of needed repairs of
defects shall make Tenant liable for any loss or defects
resulting from delay of needed repairs. It is understood and
agreed that Landlord will deliver the. premises with all major
electrical, plumbing and HVAC components in good working order
as of day of occupancy.
11. REGULATIONS AND SANITATION. Tenant shall keep the teased
premises clean, safe, sanitary and in compliance with laws,
ordinances and requirements of any legally constituted public
authority. Tenant shall keep broom clean all areas in and
around lease premises; that are not included in common area
maintenance, such as front sidewalks and area behind building.
Cleaning includes removing of any trash or refuse deposited on
the leased premises or adjacent public area by Tenant, Tenant's
customers, or anyone else. In the event of non-compliance by
Tenant, Landlord shall have the right to have solid areas
cleaned, trash and refuse removed and charge the expense to
Tenant as Additional Rent which shall be due and payable upon
demand. Nonpayment of which shall constitute default of the
lease. Tenant shall employ if Landlord determines it is
necessary, a reputable pest extermination company at regular
intervals.
12. ALTERATIONS. Tenant shall make no alterations, additions,
improvements, or rewiring in or to tile leased premises without
the consent of the Landlord. All additions, or improvements to
the building including carpeting, tile, other floor covering,
wall covering, ceiling tile, etcetera, made with or without the
Landlord's written consent shall become part of the premises,
and the property of the Landlord upon installation. Trade
fixtures and office furniture shall be installed so as to be
readily removable without injury to the premises any injury
caused by said removal shall be repaired forthwith at Tenant's
expense. Said trade fixtures shall be removed from the premises
before tile end of this lease or shall become part of the
premises and the property of the Landlord. Tenant shall not
install or maintain tiny equipment, partitions, furniture,
etcetera, which the weight or operation thereof would tend to
injure or be detrimental to the leased premises. or would
unreasonably annoy or disturb other Tenants.
13. ASSIGNMENT OR SUBLEASE. Tenant shall not, without
written consent of the Landlord, in each case, assign, transfer,
mortgage, pledge or otherwise encumber or, dispose of this
lease, or sublet the lease premises (or any, part thereof or
permit the premises to be occupied by other persons. Such
consent shall not be unreasonably withheld. If this lease be
assigned, or if the leased premises or tiny part thereof be
sublet or, occupied by any other person, firm, office or
corporation with or without written permission of Landlord, it
will not relieve the Tenant of all. obligations under the terms
of this lease, and if sublet, assigned or occupied without the
Landlords permission, this lease may, at the option of the
Landlord, be terminated by a seven day written notice. In the
event Tenant shall sublease the leased premises in accordance
herewith for rentals in excess of those rentals payable
hereunder, Tenant shall pay to Landlord monthly in advance as
Additional Rent hereunder, one half of all such excess rent. Any
proposed assignee that proposes to assume Tenant's obligations
hereunder shall execute a satisfactory assumption agreement
before consent shall be given.
14. SIGNS OR AWNINGS. Tenant shall place no signs, notices,
pictures, or advertising matter upon the exterior of the leased
premises except with the written permission of the Landlord.
Any and ail signs placed on the leased premises by Tenant shall
be maintained at Tenant's expense in compliance with rules and
regulations governing such signs. The Tenant shall be
responsible to Landlord for any damages by installation, use,
maintenance or removal of said signs. Any electrical service
needed for signs shall be installed at the Tenant's expense.
15. WAIVER OF RIGHTS. No failure of Landlord to exercise any,
power given Landlord hereunder, or to insist upon Tenant's
strict compliance with Tenant's obligations hereunder and no
custom or practice of the parties of variance with the terms
hereof shall constitute a waiver of the Landlord's right to
demand exact compliance with the team of this lease at a future
time. The rights and remedies created by this lease are
cumulative and the use of one remedy shall not be taken to
exclude the right to the use of another.
16. RULES AND REGULATIONS. Landlord reserves the right at
any time to make further rules and regulations as in Landlord's
judgment may be necessary for the safety, care, appearance and
cleanliness of the premises and the preservation of good order
therein, and such other rules and regulations shall be binding
upon the parties hereto with the same force and effect as if
they had been contained herein at the time of execution hereof.
17. RIGHT OF ENTRY. Landlord without being liable for
trespass or damages, shall have the right to enter leased
premises during reasonable hours to examine same or to make
repairs, additions, or alterations as Landlord may deem
necessary for the safety, comfort, appearance, or preservation
thereof, or to exhibit said premises. Entry shall also be
allowed to post "FOR RENT" notice, during the thirty days before
the expiration of this lease. Said right of entry shall
likewise exist for the purpose of removing placards, signs,
fixtures, alterations or additions which do not conform to this
agreement. In accordance with this right, Tenant shall give
Landlord a key to any and all locks, security systems and
burglar alarms. Tenant shall not change or install new locks or
security systems without the written consent of the Landlord,
18. LIENS. Tenant shall not create any liens of labor or
materials against Landlord's interest in the leased premises.
All persons contracting with the Tenant for the erection,
installation, alteration, repair or demolition of any building
or other improvements on the leased premises, and all material
suppliers, contractors, mechanics, and laborers are hereby
charged with notice that they must look to the Tenant and to the
Tenant's interests only in the leased premises to secure the
payment of any bill for work done or material furnished during
the rental period created by this lease. In the event that
liens are place on record against the leased premises by
contractors, mechanics, laborers, material suppliers, etcetera
because of action by Tenant it will constitute a default of this
lease.
19. DAMAGE OR DESTRUCTION OF PREMISES. If premises are
totally destroyed by fire or other casualty, this tease shall
terminate as of the date of such destruction and rental shall be
accounted for as between Landlord and Tenant as of that date.
If premises are damaged but not wholly destroyed by fire or
other casualty, rental shall abate in such proportion as use of
premises has been lost to the Tenant. Landlord shall restore
premises to substantially the same condition as prior to damage
as speedily as practicable, whereupon full rental shall commence.
20. DAMAGE TO PERSONAL PROPERTY. All personal property,
merchandise, fixtures and equipment placed or moved into the
leased premises shall be at the risk of Tenant or the owners
thereof, and Landlord shall not be liable for any, damages, loss
of theft of said personal property, merchandise, fixtures, or
equipment, from any cause whatsoever,
21. CONDEMNATION, If the whole of the teased premises, or
such portion thereof as will make aid premises unusable for the
purpose herein leased, be condemned by any legally constituted
authority, this lease shall terminate on the date thereof is
taken by public authorities, and rental shall be accounted for
as between Landlord and Tenant as of termination, however, shall
be without prejudice to the rights of either Landlord or Tenant
to recover from the public authority compensation for damage
caused by condemnation. Neither the Tenant nor the Landlord
shall have any rights in any award made to the other by any
condemnation authority,. In the event only such portion of the
leased premises is acquired by condemnation as will leave the
remaining premises, after alteration and repairs, in condition
suitable for use by Tenant, the monthly rental payments from the
day of such acquisition to the end of the original or any
extended term of this lease shall be reduced in proportion to
the resulting loss of use of leased premises by Tenant. In the
event of such partial acquisition and reduction in rent,
Landlord shall make promptly at Landlord's expense, all
necessary alterations and repairs which shall be required, to
restore the premises to a safe and usable condition.
22. INDEMNITY AND LIABILITY. Tenant shall indemnify and hold
Landlord harmless from any and all claims, damages, costs, and
expenses, Including reasonable fees arising from the management
of the business conducted by Tenant on the leased premises,
Landlord shall not be liable, find Tenant waives all claims for
damage to person or property, sustained by Tenant, its employees
or agents, resulting from the condition of, the leased premises,
or any equipment of such as may result from any accident in or
about the leased premises or which may result directly or
indirectly from any act of neglect of any other Tenant of the
property of which the leased premises is a part.
23. REVERSION. Tenant shall surrender to Landlord at the end
of the term of this lease or upon cancellation of this tease,
said leased premises broom clean and in as good condition as the
leased premises were at the beginning of the term of this lease,
ordinary wear and tear and damage by fire and windstorm or other
acts of God excepted, or Tenant will pay Landlord all damages
that Landlord may suffer because of Tenant's failure to do so.
Tenant will indemnify and save Landlord harmless from and
against all claims made by any succeeding Tenant of said
premises against Landlord because of delay in delivering
possession of leased premises, so far as such delay is
occasioned by failure of Tenant to so surrenders leased
premises. Security deposit may be withheld as payment or
partial payment of repairs or unusual cleaning needed after
Tenant vacates.
24. EFFECTIVE DATE OF LEASE. This tease shall become
effective as a binding agreement only upon the execution and
delivery thereof by both Landlord and Tenant. If this tease is
signed by one party and submitted to the other party, then it
shall constitute an offer to lease which is subject to
revocation at any time prior to execution by the other party and
delivery of a fully executed copy to the submitting party.
25. NOTICES. Tenant hereby appoints as Tenant's agent to
receive service of all notices, required under this lease as
well as all dispossessory distraint notices, the person in
charge of leased premises or occupying said premises, at the
time, notice is delivered. If no person is in charge, or
occupying said premises. the service of such notice may be made
by attaching the same in the main entrance of said premises. A
copy of all notices under, this lease shall also be sent to
Tenant's last known address, if different from said premises.
26. BANKRUPTCY. If Tenants shall be adjudicated bankrupt or
as insolvent or take the benefit of any Federal reorganization
or make a general assignment or take the benefit of any
insolvent law, or if a Trustee in bankruptcy, or a receiver be
appointed or elected for Tenant, under Federal or State Law,
this lease at the option of the Landlord shall expire and end
seven (7) days after Landlord gives Tenant written notice.
UNLESS, the Tenant's Trustee immediately cures any default of
Tenant hereunder and provides (in compliance with Federal and
State laws) adequate assurance of future performance of Tenant's
obligations hereunder.
27. BEYOND LANDLORD'S CONTROL. None of the acts, promises,
covenants, or obligations on the part of the Tenant to be kept,
performed or not performed as the case may be, nor the
obligation of the Tenant to pay rent, Additional Rent or other
charges or payments shall be in anywise waived, excused or
affected by reason of the Landlord being unable at any time
during the term of this lease, to supply, or to delay in
supplying heat, light, elevator service or any other service
expressed or implied on the part of the Landlord to be supplied;
or by reason of the Landlord being unable to make alterations,
repairs, or decorations, or to supply any equipment or fixtures,
or any other, promise, covenant, or obligations on the part of
the Landlord to be performed, if the Landlord's inability or
delay is caused by circumstances or events beyond the Landlord's
control,
28. KEYS. Landlord shall provide Tenant with one key per
lock, and the Tenant is responsible for accounting for all keys
provided or duplicated and shall return all keys of leased
premises to the Landlord upon termination or cancellation of
this Lease and/or Tenant's vacating said premises. Landlord
shall have the right, if in the Landlord's sole judgment it is
necessary to require the Tenant at Tenant's expense to replace
locks, and to supply Landlord with one key to the new locks.
The Landlord shall retain a master key or pass key to the
premises, including the security locks and systems. Tenant
shall not change or install new locks or security systems
without written approval from the Landlord.
29. ESTOPPEL CERTIFICATES. Tenant shall from time to time,
within ten (10) days following written notice from the Landlord,
execute, acknowledge and deliver to the Landlord a written
statement certifying that this lease is in full force and
effect. This statement should also state whether or not the
Landlord is in default in performance of any covenant or
condition of this lease. The failure of the Tenant to execute,
acknowledge and deliver to the Landlord a statement in
accordance with this covenant shall constitute an acknowledgment
by the Tenant that this Lease is unmodified and in full force
and effect, an shall constitute a waiver of any defaults by the
Landlord which might, have existed prior to the date of such
notice.
30. PEACEFUL POSSESSION. Subject to the terms, conditions
and conditions of this Lease, the Tenant shall have, hold, and
enjoy possession of the leased premises, subject to the rights
of the holders of any mortgage which now covers said premises or
which may hereinafter be placed on leased premises by Landlord.
Tenant's rights are also subject to any underlying lease now or
later covering the entire property of which the leased property
is part, Tenant shall execute any necessary lease subordination
agreement at the Landlord's request.
31. DEFAULT. If Tenant fails to pay rent, including
Additional Rent on or before the due dates as herein stated
(TIME IS OF THE ESSENCE) this lease shall be in default. If
Tenant fails to cure such default within five (5) days after
written notice from Landlord; or if Tenant shall be in default
in performing any of the terms, covenants and conditions of this
lease other than the provision requiring the payment of rent,
and fails to cure such default within thirty (30) consecutive
calendar days after the receipt of written notice of default
from Landlord; or if leased premises shall be abandoned or
deserted for fifteen (15) days, or, if this lease is assigned
to any other person, firm, office or corporation, without the
permission of Landlord as required in paragraph 15 herein, this
lease at the Landlord's option shall expire and terminate seven
(7) days after the Landlord delivers written notice to Tenant of
such condition or default and Tenant shall immediately quit and
surrender said premises to Landlord. In the event of any such
default or breach of performance, the Landlord without any
further notice or demand of any kind to the Tenant, may
terminate this lease and re-enter, and forthwith repossess the
entire premises and without being liable for trespass or damage
shall re-let, lease or demise the premises to another Tenant
without any hindrance or prejudice to Landlord's right to
distrain for any past due rent, Additional Rent, and rent from
the time of such default or termination until the premises were
leased or rented to another Tenant. The collection by Landlord
of rent for the unexpired term shall entitle Tenant to all
Tenant's rights of this lease during the period for which the
rent may have been collected.
32. ASSIGNMENT OF CHATTELS, Tenant hereby pledges and assigns
to Landlord all the furniture, fixtures, goods, equipment and
chattels of Tenant which shall or may be brought or put on said
premises as security for the payment of said rent, and Tenant
agrees that said lien may be enforced by distraint or
foreclosure at the election of the Landlord. It is understood
and agreed that any merchandise, fixtures, furniture, or
equipment left in the premises when Tenant vacates shall be
deemed to have been abandoned by Tenant and by such abandonment,
Tenant relinquishes any right or interest therein and Landlord
is authorized to sell, dispose of or destroy same.
33. ATTORNEY'S FEE. In the event Landlord successfully
defends any action by the Tenant, or if it is necessary for
Landlord to employ an attorney for the collection of rent or any
other- sum due hereunder, or to enforce any covenant of this
lease, or the actuation of this lease, or, for the possession of
the leased premises or any part thereof, the Tenant shall pay
all costs, including reasonable attorney's fees.
34. AGENT. Tenant acknowledges that tire aforementioned Re/Max
Professional Realty - Robert L. Pratt, CCIM, 767-7777 is the
leasing agent for the owner(s) of the leased premises. Tenant
shall pay all rent payable under this lease to Re/Max
Professional Really, 8761 Dorchester Road, Charleston, SC 29420.
(803) 767-7777.
35. DEFINITIONS. "Landlord" is used in this lease shall
include the owner or owners of the property and/or the
aforementioned managing agents as well as the Landlord's heirs,
representatives, assigns and successors in title to premises.
"Tenant" shall include Tenant, Tenant's heirs and
representatives, and if this lease shall be assigned or sublet,
shall include also Tenant assignees or subleases, as to premises
covered by such assignment or sublease. "Agent" shall include
partnership or individual, as may fit the particular parties.
36. SPECIAL STIPULATIONS. Insofar as the following
stipulations conflict with any of the provisions herein, the
following stipulations shall control:
A. Rent is due on the first of the month and is considered
line if not received by the fifth of each month A ten percent
(10%) late charge shall be incurred for any rents received after
the fifth of the month.
B. Robert Pratt of Re/Max Professional Realty is the listing
agent for this lease and any renewals, expansions, or
relocations thereof. Tom Blazer of Re/Max Realty Services, Inc.
is leasing agent for this lease. Landlord to pay Agent Pratt in
accordance with listing agreement currently in effect. Tenant
to pay Agent Blazer in accordance with their agreement.
C. NOTICES:
Landlord;
J.P. Gaillard, III
P.O. Drawer 62948
Charleston, SC 29419-2948
Phone: 803-554-0840
Tenant:
General Parcel Services, Inc.
8923 Western Way, Suite 22
Jacksonville, FL 32256
Phone:
Realtor:
Re/Max Professional Realty
ATTN: Robert L. Pratt, CCIM
8761 Dorchester Road Charleston, SC 29420
Phone: (803) 767-7717
D. Landlord will perform the following:
1. Demolition of most of the temporary office space.
Approximately 1,000 square feet of residual office space will
remain.
2. Truck dock to be installed at rear of building with an
estimated cost of $7,500.00 to be split equally between Landlord
and Tenant. In addition to the regular rental payment, Tenant
shall pay an additional $62.50 per month for sixty (60) months
for its share of the truck door installation. Said payment
shall commence with the rental payment due August 1, 1996,
3. Landlord will repair any roof leak, and will perform
other items of structural concern, provided that Landlord
has reviewed and approved any list provided by Tenant.
4. Landlord will install a security, light for the parking
lot either attached to the building or to a power pole.
E. Landlord agrees to improve the lighting in the warehouse
upon receiving a sketch by Tenant of additional lighting
required. Landlord hereby limits his responsibility, for
additional lighting to what will provide reasonable warehouse
lighting for a building of this size in the local market.
37. AMERICAN DISABILITIES ACT. Both Tenant and Landlord have
been advised that the American Disabilities Act guidelines, as
it applies to this property, may have provisions that affect
public accommodations and employees of businesses located on the
premises. Either party may obtain this information at: American
National Standard Institute, 1430 Broadway, New York, New York,
10019.
38. ENTIRE AGREEMENT. This Lease contains the entire
agreement between the parties and all previous negotiations
leading thereto. and it may be modified only by it dated written
agreement signed by both Landlord and Tenant. No surrender of
the leased premises or of the remainder of the term of this
Lease shall be valid unless accepted by Landlord in writing.
TIME IS OF THE ESSENCE IN THE AGREEMENT.
THIS IS A LEGALLY BINDING CONTRACT. Tenant IS ADVISED TO SEEK
FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. Tenant
ACKNOWLEDGES AGREEMENT.
IN WITNESS WHEREOF Landlord and Tenant have executed these
premises, the day and year first above written.
(Signed)
TENANT
(Signed)
WITNESS AS TO TENANT
(Signed)
LANDLORD
(Signed)
WITNESS AS TO LANDLORD (OR AGENT)