COMMERCIAL/INDUSTRIAL LEASE (NET)
THIS LEASE is entered into by and between Randy L. Weideman and Deborah R.
Weideman (collectively, "Landlord") and Lee CATV Corporation., a Nebraska
corporation ("Tenant"), and upon approval by both Landlord and Tenant, as
evidenced by their signatures hereto, a valid and binding lease shall exist,
the terms and conditions of which are as follows:
1. DEFINITIONS AND BASIC PROVISIONS. The following definitions and basic
provisions shall be construed as follows when used elsewhere in this Lease:
a) Effective Date: The Effective Date shall be the latest date for
approval by all parties as indicated below.
b) Landlord: Randy L. Weideman and Deborah R. Weideman
Address P.O. Box 590, Deshler, Nebraska 68340
Phone No. Fax No.
c) Tenant: Lee CATV Corporation.
c/o David E. Chymiak
Address 1605 E. Iola, Broken Arrow, OK 74012
Phone No. (918) 251-2887 Fax No. (918) 251-1138
d) Third Party Guarantor: TULSAT Corporation Grantor Agreement attached
hereto as Exhibit A
c/o David E. Chymiak
Address 1605 E. Iola, Broken Arrow, OK 74012
Phone No. (918) 251-2887 Fax No. (918) 251-1138
e) Leased Premises: Lots One, Two, Three and Four (1, 2, 3 and 4), Block
Fifteen (15), Original Town of Deshler, Thayer County, Nebraska.
f) Project:
g) Lease Term: A period of 5 Years commencing on December 1, 1999
("Commencement Date") and ending on November 30, 2004 ("Expiration
Date").
h) Base Rental: A total of $ 10,800 per yr. payable in monthly
installments in advance as follows:
From To Monthly Rate
Year 1 December 1, 1999 November 30, 2000 $900
Year 2 December 1, 2000 November 30, 2001 $900
Year 3 December 1, 2001 November 30, 2002 $900
Year 4 December 1, 2002 November 30, 2003 $900
Year 5 December 1, 2003 November 30, 2004 $900
i) Prepaid Rental: $ 0 representing payment of rental for the
first month of the Lease Term.
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 1 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
j) Security Deposit: $ 0 (not applicable toward last month's rent).
k) Use: Tenant shall have and hold the premises for the purpose of engaging
in the sale and repair of technical equipment for cable television systems
and similar enterprises, without any liability or obligation on the part of
Landlord to make any alternations, improvements or repairs of any kind on or
about the premises except as may otherwise be provided herein. Tenant, as
evidenced by his signature below, has determined and represents that the
stated use is consistent with all local, State and Federal regulations
applicable to said use.
l) Legal Use: Tenant shall use the Leased Premises only for the Permitted
Use stated and for no other purposes. Tenant shall not use, nor permit the
use of, anything in the Leased Premises (i) which would violate any of the
agreement of the Lease, (ii) for any unlawful purpose or in any unlawful
manner, or (iii) that would substantially increase cost of the Landlord's
insurance.
m) Tenant's Public Liability Insurance Limits: $ 1,000,000 combined
single limit bodily injury and property damage as described in
paragraph 7(c).
n) Cost of Living Increases: See attached Exhibit na , if any.
o) Percentage Rental: See attached Exhibit na , if any.
p) Property Owner's Association's Dues and Assessments: See attached
Exhibit na if any.
2. GRANTING CLAUSE. Landlord hereby covenants and warrants that it has
rightful possession to, and hereby leases, lets and demises unto Tenant,
together with all improvements, appurtenances, easements, and privileges
thereunto belonging, the Leased Premises for the Permitted Use, together with
on-site parking, if any.
3. PAYMENT OF RENT/ADDITIONAL RENT. Tenant agrees to pay to Landlord the total
minimum base rental, with such monthly installments to be paid in advance, on or
before the first day of each calendar month during the term, without demand.
Tenant shall pay the first monthly installment as "prepaid-rental" concurrently
with the execution of this Lease. The rent for a portion of the calendar month
during which rent might begin to accrue or terminate shall be prorated.
Tenant's covenant to pay rent shall be independent of every other covenant set
forth in this Lease, and Tenant shall have no right of deduction or setoff
whatever. All rents herein provided for shall be paid to Landlord at the
Landlord's address or at such other place as shall be designated by Landlord,
in writing, furnished to Tenant at least ten (10) days prior to the next ensuing
rent payment due date.
4. LATE PAYMENT OF RENT. Any rents received on the 11th day after the due
date, or thereafter, shall be assessed a late fee equal to $90.
5. GENERAL PROVISIONS.
a) Possession. Unless otherwise agreed to in writing, possession shall be
delivered on the Commencement Date of this Lease. If Landlord is unable to
deliver possession of the premises at the commencement hereof, Landlord
shall not be liable for any damage caused thereby, nor shall this lease be
void or voidable, but Tenant shall not be liable for any rent until
possession is delivered. Tenant may terminate this lease if possession is
not delivered within 10 days.
b) Assignment, Subletting, and Encumbering. This Lease shall not be
assigned, sublet, or transferred by Tenant without Landlord's prior written
consent. Tenant shall not sublet, or offer or advertise for subletting, the
Leased Premises, or any portion thereof, without the prior written consent
of Landlord. Any assignment or subletting shall not relieve Tenant of its
obligations hereunder or release Tenant from the further performance of all
covenants herein contained.
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 2 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
c) Estoppel Certificate. Tenant shall, at any time so requested, execute
and deliver to Landlord such Estoppel certificates as Landlord shall
reasonably require, stating length of Tenant's lease, amount of rent,
deposits, and other terms.
d) Subordination. This Lease shall be subject and subordinate, at all
times, to the lien of existing mortgages and of mortgages which hereafter
may be made on the Leased Premises. Tenant will execute and deliver such
further instruments subordinating this Lease to the lien of any such
mortgages as may be desired by Landlord.
e) Rules and Regulations. Tenant agrees to observe and comply with the
Rules and Regulations presently existing and such other and further
reasonable rules and regulations as Landlord may, from time to time, adopt,
a copy of which is attached to this Lease as Exhibit .
f) Toxic or Hazardous Materials. Tenant shall not store, use, or dispose
of any toxic or hazardous materials in, on, or about the Premises, without
the prior written consent of Landlord. Tenant, at its sole cost, will
comply with all laws relating to Tenant's storage, use, and disposal of
hazardous or toxic materials.
g) Holding Over. In the event Tenant remains in possession of the Premises
after the expiration or termination of the Lease, Tenant shall occupy the
premises as a Tenant from month-to-month at 150% of the rental due for the
last full calendar month during the term of the Lease and subject to all
other provisions and obligations of the Lease applicable to a month-to-month
tenancy.
h) Signs. Landlord retains the right to approve any and all exterior
signs. See attached Exhibit ____. "Sign Criteria", if any.
i) Destruction of Premises. In the event of a partial destruction of the
building in which the Leased Premises are contained, during the term,
Landlord shall make any repairs that can be made under existing governmental
regulations within one hundred twenty (120) days of such destruction, but
such partial destruction shall not terminate this Lease, except that Tenant
shall be entitled to a proportionate reduction of rent while repairs are
being made, based upon the extent to which the making of such repairs shall
interfere with the business of Tenant on the Premises. If repairs cannot be
made within one hundred twenty (120) days, this Lease may be terminated, at
the option of either party, by delivering written notice.
j) Right of Entry. Landlord reserves the right, for itself, and its
employees, or contractors, and Tenant covenants to permit Landlord, or its
agents, employees, or contractors to enter any and all portions of the
Leased Premises at any time; provided, that Landlord shall give Tenant
reasonable notice prior to any entry for the purpose of showing the space to
prospective tenants.
During the progress of any repairs or other work, Landlord may keep and
store on the Leased Premises all necessary materials, tools, and equipment,
and Landlord shall, in no event, be liable for disturbance, inconvenience,
annoyance, loss of business, or other damage to Tenant, or any assignee, or
sublessee under the Lease, by making such repairs or performing any such
work on or in the Leased Premises, or due to bringing materials, supplies,
and equipment into or through the Premises during the course of such work.
Tenant shall permit Landlord at any time within sixty (60) days prior to
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 3 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
expiration of this lease to place upon the premises the usual "For Lease" or
"For Sale" signs, and permit persons desiring to lease or purchase the same
to inspect the premises thereafter.
k) Condemnation. If the Leased Premises is totally condemned by any lawful
authority under the power of eminent domain, or shall, during the
continuance of the Lease, be totally destroyed by the action of public
authorities, then this Lease and the term leased shall terminate, and
Tenant shall be liable for rent only up to the date of such termination.
l) Quiet Enjoyment. Landlord grants to Tenant, in exchange for continued
payment of rent and performance of each and every covenant hereof, the
right to peacefully and quietly hold, occupy, and enjoy the Leased Premises
throughout the term. Further, Tenant shall not commit any waste upon the
premises, or any nuisance or act which may disturb the quiet enjoyment of
any tenant in the building.
6. MAINTENANCE.
a) Tenant. Tenant shall maintain and make necessary replacement of the
roof, exterior walls, structure, floor slabs, parking lot, other common
facilities of the building and provide lawn and landscaping maintenance.
Tenant shall keep the Leased Premises neat and clean and in such repair,
order, and condition as received on Commencement Date (or Occupancy Date,
whichever is earliest) or may be put in during the term hereof, reasonable
use and wear excepted. Tenant shall maintain (including necessary
replacement) all fixtures and equipment relating to plumbing, electrical,
heating, ventilation, air conditioning (HVAC). Tenant shall maintain and
replace exterior doors, windows, and all plate glass, floor covering,
carpet, paint, wallpaper, and other coverings. Tenant shall not damage or
abuse the Leased Premises, nor shall Tenant permit the damage or abuse of
the Leased Premises. Tenant shall not overload the floor and shall abide
by Landlord's instructions with respect to care and avoidance of abuse.
b) Utilities. Tenant shall be responsible for arranging, and contracting
in its own name if necessary, all utility services necessary for the
operation of the Property, including establishment of any required deposits,
and payment of any and all utility charges incurred during the term. Such
utility charges shall include water, natural gas, telephone, cable
television, sanitary sewer, electricity and storm water management fees.
Tenant shall also be responsible for the maintenance of any on-site sewage
disposal system (septic tank, etc.). Further, in the event of any
interruption of utility services, the Landlord shall neither be responsible
for, nor shall any rent be abated due to, such interruption.
7. TAXES, INDEMNITY AND INSURANCE.
a) Taxes. Tenant shall reimburse Landlord for all ad valorem taxes,
special assessments, and bond indentures, attributable to the Leased
Premises upon presentation of paid tax receipts by Landlord to Tenant.
If taxes because of increased rate or valuation and/or other public
assessments increase during the term of lease, a proportionate share of such
increase shall be paid by Tenant, or if single Tenant, Tenant shall pay
total increase. Taxes and other public assessments for the calendar year in
which the lease commences and in which the lease expires shall be prorated
to the date of such commencement and termination.
b) Indemnity, Liability, and Loss or Damage. Tenant agrees to defend,
indemnify, and hold Landlord harmless from any loss, cost, or expense,
whatsoever, resulting from (1) personal injury, loss of life, or loss of
property relating to the use and occupancy by Tenant, or (2) from damage to,
or destruction of, the Leased Premises or any improvement thereon, or any
part thereof, or of any abutting real property caused by, or attributable
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 4 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
to, the negligent act or acts, or omission or omissions to act, of Tenant,
or caused by, or attributable to, the Tenant's failure to perform its
obligations under this Lease. Likewise, Landlord agrees to defend,
indemnify, and hold Tenant harmless from any loss, whatsoever, resulting
from personal injury, loss of life or property relating to the use of
Landlord and use and occupancy by other Tenants, or caused by, or
attributable to, the negligent act or acts, omission or omissions to act, of
Landlord, or caused by, or attributable to, Landlord's failure to perform
its obligations under this Lease.
c) Tenant's Insurance. Tenant agrees to insure the Leased Premises for
fire, casualty, and public liability. Tenant shall procure, keep in force,
and pay for such fire, casualty, and comprehensive public liability
insurance, in amounts reasonably required by Landlord, with reputable,
responsible, licensed companies, indemnifying Landlord and Tenant against
all claims and demands for injury to, or death of, persons, or damage to
property, which may be claimed to have occurred on the Leased Premises.
Certificates of the same, naming Landlord as additional insured, shall be
provided to the Landlord. Further, Tenant shall insure all of Tenant's
contents.
8. LANDLORD'S LIEN. In consideration of the mutual benefits arising under
this Lease, Tenant hereby grants to landlord a lien and security interest in and
on all property Tenant now, or hereafter, may place in or upon the Premises, and
the property shall be, and remain, subject to such lien and security interest of
Landlord for payment of all rental and other sums agreed to be paid by Tenant.
The lien and security interest shall be in addition to and cumulative of the
Landlord's liens existing or to exist under statute, in law, or in equity, none
of which are waived by Landlord. The provisions of this paragraph relating to
the lien and security interest shall constitute a Security Agreement under the
Uniform Commercial Code, so that Landlord shall have, and may enforce, a
security interest on all property of Tenant now, or hereafter, placed in or on
the Premises, including, but not limited to, all fixtures, machinery, equipment,
furnishings, and other articles of personal property now, or hereafter, placed
in or upon the Premises by Tenant. Landlord may, at its election at any time,
file a copy or memorandum of this Lease as a financing statement. Landlord, as
secured party, shall be entitled to all rights and remedies afforded a secured
party under the Uniform Commercial Code, which rights and remedies shall be in
addition to and cumulative of the Landlord's liens and rights provided by law,
or by the other terms and provisions of this Lease.
9. ADDITIONS AND ALTERATIONS. Tenant shall not make any additions, alterations
or improvements to the Leased Premises without the prior written consent of the
Landlord. At Landlord's option, any and all additions, alterations and
improvements to the Leased Premises, including built-ins, shall belong to the
Landlord.
10. BREACH AND DEFAULT. This Lease may be deemed by landlord as being in
default if any of the following occur:
a) Tenant fails to make any payment of rent, or any other amount due, and
such failure continues for fifteen (15) days after the payment due date;
b) Tenant fails to keep in force insurance as required by Paragraph 7(c) of
the Lease and such failure continues for ten (10) days after written notice
to Tenant;
c) Tenant materially breaches any other covenant and the same shall not
have been cured within ten (10) days after notice thereof by Landlord;
d) Tenant files any voluntary petition in bankruptcy, or for corporate
reorganization, or any similar relief, or if any involuntary petition in
bankruptcy shall be filed against the Tenant;
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 5 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
e) A receiver is appointed for Tenant or Tenant's property by any Court;
f) Tenant makes an assignment for benefit of creditors;
g) Tenant abandons or vacates the Leased Premises during the term hereof;
h) Tenant fails to operate its business in material compliance with all
applicable laws; or
i) Tenant transfers a portion, or all, of its assets to another entity or
individual without written notification and consent of the Landlord.
11. LANDLORD'S REMEDIES. Upon the occurrence of any event of default by
Tenant, and the failure by Tenant to remedy such default within the time
permitted by Landlord, Tenant hereby grants the Landlord the following rights:
a) To relet Leased Premises and recover cost of alterations and damages.
Upon any reletting, Tenant shall be immediately liable to pay to Landlord,
without further demand or process of law, the cost and expense of reletting,
including, without limitation, any brokerage fees, the cost of any
alterations and repairs deemed necessary by Landlord to effect reletting,
and the full amount, if any, by which the rental reserved in this Lease for
the period of reletting (but not beyond the terms of this Lease) exceeds the
amount agreed to be paid as rent for the Premises for the period of
reletting. If Tenant has been credited with any rent to be received by
reletting and the rent shall not be promptly paid to Landlord by the new
tenant, Tenant shall immediately be liable to pay the deficiency to
Landlord. If the Landlord elects to terminate possession under this Lease,
Landlord may recover from Tenant all damages Landlord may incur by reason of
Tenant's failure to pay rental, including the cost of recovering the
Premises, and including the excess of the rental reserved in this Lease for
the remainder of the stated term over the then reasonable rental value of
the Premises for the remainder of the term, all of which amount shall be
immediately due and payable by Tenant to Landlord. Landlord shall be under
no obligation to attempt to re-lease the Leased Premises before it leases
its other properties.
b) To remove, store, and dispose of Tenant's property. Any property
belonging to Tenant, or to any person holding by, through, or under Tenant,
or otherwise found upon the Leased Premises at the time of re-entry or
termination by the Landlord, may be removed and stored in any warehouse, at
the cost of, and for the account of, Tenant, or, in Landlord's sole
discretion, deemed to be abandoned by Tenant and disposed of accordingly.
c) Additional Remedies. In the event of any breach or threatened breach by
Tenant of any covenants, agreements, terms, or conditions of this Lease,
Landlord shall be entitled to enjoin the breach or threatened breach, and in
addition to the rights and remedies provided hereunder, shall have any other
right or remedy allowed at law or equity, by statute, or otherwise. The
provisions of this Section shall be construed consistent with the laws of
the State of Nebraska, so that remedies of Landlord herein described shall
be available to Landlord to the full extent, but only to the extent that
they are valid or enforceable under the laws of the State of Nebraska.
d) To Recover Attorney's Fees. If suit shall be brought for recovery of
possession of the Premises, for the recovery of rental, or any other amount
due under the provisions of this Lease, or because of the breach of any
other covenant herein contained on the part of either party to be kept or
performed, and a breach shall be established, the non-prevailing party shall
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 6 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
pay to the prevailing party all expenses incurred, including a reasonable
attorney's fee to the extent allowed by law. The prevailing party shall be
determined by the Court which shall also approve the amount of reimbursed
expenses.
The foregoing rights and remedies given to Landlord are, and shall be,
deemed to be cumulative and the exercise of any of them shall not be deemed to
be an election excluding the exercise by the Landlord, at any time, of a
different or inconsistent remedy, and shall be deemed to be given to Landlord in
addition to any other right and further rights granted to the Landlord by the
terms hereof, or by law. The failure of Landlord at any time to exercise any
right or remedy herein granted or established by law shall not be deemed to
operate as a waiver of its right to exercise such right or remedy at any other
future time.
12. EFFECT AND SEVERABILITY. This Lease shall be executed in duplicate
originals and, when executed by both Landlord and Tenant, shall be binding upon
and inure to the benefit of Landlord and Tenant, their heirs, legal
representatives, successors, and assigns. This Lease sets forth the complete
understanding of Landlord and Tenant and supersedes all previous negotiations,
representations, and agreements between them and their agents. This Lease can
only be amended or modified by a written agreement signed by Landlord and
tenant.
Should any clause or provision of this Agreement be adjudged, or otherwise
rendered, unenforceable, all provisions not so affected shall remain in full
force and effect. In the event of any transfer of title or interest of the
Leased Premises, the Landlord named herein shall be relieved of all liability
related to Landlord's obligations to be performed after such transfer.
Provided, however, that any funds in the hands of Landlord at the time of such
transfer shall be delivered to Landlord's Grantee. Landlord's obligations
hereunder shall be binding upon Landlord's successors and assigns only during
their respective periods of ownership.
13. EXHIBITS. Exhibit A through na are attached to, and by
reference made a part of, this Lease.
APPROVED AND AGREED TO BY TENANT: APPROVED AND AGREED TO BY LANDLORD:
This 22nd day of November 1999, This 22nd day of November 1999 ,
Lee CATV Corporation
\s\ Randy L. Wiedeman \s\ Randy L. Weideman
Randy L. Weideman, President Randy L. Weideman
ATTEST: ATTEST:
This day of November 1999 This day of November 1999
By By
(Associate) (Associate)
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 7 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
\s\ Deborah R. Weideman
Deborah R. Weideman
ATTEST:
This day of November 1999
By
(Associate)
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 8 of
COMMERCIAL/INDUSTRIAL LEASE (NET)
EXHIBIT A
GUARANTY
For good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the undersigned, as surety, hereby guarantees to
Randy L. Weideman and Deborah R. Weideman, the due and punctual payment and
performance by Lee CATV Corporation under the foregoing Commercial/Industrial
Lease (Net). This Guaranty is an absolute, present and continuing Guaranty and
is no way conditioned or contingent upon any action, occurrence or circumstance
whatsoever other than the terms and conditions set forth in the foregoing
Commercial/Industrial Lease (Net).
TULSAT CORPORATION
By: \s\ David E. Chymiak
David E. Chymiak, President
537\23\002\038
Standard Commercial/Industrial Lease (net) (a705)6/98 \s\ DRW \s\ RLW
Copyright 1998 - Greater Tulsa Association of REALTORS-R- Tenant Landlord
- - All Rights Reserved Page 9 of