LEASE OF WAREHOUSE
This Lease made and executed this 26 day of May , 1998, by and between
SARAH C. LEER, hereinafter called "LESSOR", and EASY GARDENER, INC., hereinafter
called "LESSEE",
WITNESSETH:
The address of the Lessor for all purposes is:
Sarah C. Leer, P.O. Box 606, Paris, Kentucky 40361
The address of the Lessee for all purposes is:
Easy Gardener, Inc., P.O Box 21025, Waco, Texas 76702-1025.
1. The premises leased consist of all of the old Bourbon Warehouse located
at Astro Street, Paris, Kentucky.
2. The term of this Lease shall be for one year from the date of execution,
provided however, that Lessee shall have the option to terminate the Lease upon
60 days notice in writing to the Lessor.
3. The monthly rental for the premises shall be $5,416.66 per month payable
to the Lessor at the address shown above on or about the 15th of each month.
In the event that during the term of this Lease the ad valorem taxes and/or
the cost of the premium for the present amount of insurance coverage should
increase for time to time, then the rental shall be increased by such amounts as
exceed 10% of the taxes and insurance at the time of execution of this Lease.
Lessor shall give prompt written notice and full documentation of any such
increase to the Lessee, and the rent shall thereafter be adjusted accordingly.
4. The Lessor shall maintain the roof of the premises in good order. The
Lessee shall promptly notify the Lessor in writing of any defects or leaks which
might develop in the roof.
Lessor will complete the ongoing replacement of the remaining 1/4th of the
roof.
The Lessee shall maintain the rest of the premises and keep them in good
order; provided, however, that any damages or defects in the upper floor
blacktop flooring which might occur, but which are not caused by Lessee's
operation and use, shall be repaired by the Lessor.
5. The Lessee shall use the premises for the purpose of storage of plant
food spikes and other consumer products and packaging and raw materials and
production and material handling
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machinery and company files and records, and for no other purpose without the
written consent of the Lessor.
6. The Lessee agrees to commit no waste on the premises and not permit a
nuisance to be committed or to be maintained thereon and to return possession
thereof at the termination of the Lease in the same condition as when possession
was delivered to the Lessor, natural wear and tear excepted.
7. The lessor shall have the right of entry on the leased premises at any
time for the purpose of inspecting the same and for the further purposes of
making any repairs thereto that the Lessor may desire so long as such action
does not unreasonably interfere with the Lessee's use of the premises. Lessor
will notify Lessee by phone prior to making such entry.
8. The Lessee convenants and agrees to keep the premises at all times in a
clean and sanitary condition, not to permit waste or debris to accumulate.
9. The Lessee shall at its expense provide liability insurance covering the
leased premises including all improvements, approaches, sidewalks, parking lots
and grounds in at least the sum of $200,000.00 any one person and $500,000.00
any one accident and $50,000.00 property damage with both Lessor and Lessee as
named insureds therein; and such insurance as it shall desire upon all its
property located on the leased premises.
10. The Lessee shall, prior to termination of any term of this Lease remove
all personal property of the Lessee. In the event Lessee so fails to remove
personal property after termination of any term of the Lease, the Lessor may
remove and store such, the Lessee to bear the costs of such removal and storage
and the Lessor shall not be responsible to the Lessee for the loss or damage to
such property caused by such removal and storage.
11. The Lessor assumes all property located in the premises to be that of
the Lessee even though said property has been traded, sold, or given to third
party.
12. The Lessor shall not be responsible to the Lessee for any loss or
damage to any of the property of the Lessee while situated on the leased
premises unless such loss or damage is occasioned by the negligent acts of the
Lessor, its agent or employees.
13. In the event the leased premises are destroyed or damaged by fire or
other casualty without fault or negligence on Lessee's part or due to structural
defect of the premises or defect in Lessor installed plumbing or electrical
equipment to the extent that they cannot be used by the Lessee for the
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intended purpose, the rent herein contemplated shall abate until the premises
are restored to a usable condition by the Lessor. The Lessor or the Lessee in
the event of such destruction or damage may, however, elect to terminate the
Lease and the Lessor shall be under no obligation to the Lessee to so restore or
rebuild.
14. Lessee shall pay all utilities.
15. The Lessee agrees in the event of condemnation of this building by
city, county, state or Federal government or any of their agencies to comply
with such condemnation procedures and release the Lessor of any and all
obligations that might be remaining on this Lease.
16. The Lessee may sublease all or part of the premises or assign this
Lease to another tenant with the express written approval of the Lessor. Such
approval will be upon reasonable terms and will not be unreasonably withheld.
/s/ Sarah C. Leer
---------------------------
SARAH C. LEER
EASY GARDENER, INC.
By: /s/ Sheila B. Jones
---------------------------
Name: Sheila B. Jones
Title: VP Operations
Prepared By:
/s/ Henry C. Prewitt
- -----------------------------
Henry C. Prewitt
Attorney at Law
P.O Box 350
Paris, Kentucky 40362-035
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