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HomeMy WebLinkAbout1273 _ ~ - - -j ~ . ~ . ,t i b~~ giving to Lessor thirty (30) days' prior written notice of such termination. Lessor hereby gives and grants ~ to Lessee the additional option and privilege of further extending this lease from month to month after the ~ expiration of the last yearly period for which this lease may be extended as hereinabove provideci. This ad• ~ ditional option may be exercised by Lessee at the end of the last yearly period specified by remaining in pos- ~ session and by paying the rent as herein provided. If Lessee exercises this additional option. either party maY t.hereafter terminate the lease at the end of any month by giving to the other party at least thirty (30) days' written notice of such termination. ~ 2. For each month during the term he~reof. or during any renewal or extension thereof. Lessee shall yield and pay as rental for said premises. station and appurtenar.ces a sum equal to cent per gallon of all gasoline which shall be delivered by Lessee to and sold from and through said station during the month for which rentaD is to be computed. The monthly periocis for which rentals shall be due and payable shall be calendar months. Such rentals shall be paid in arredrs not later than the twentieth day after the end of each calendar month. It is understaxf and ~greed~ however, that the rental for any monthly period shal! not be less than Dollars PBOVIDED, ~iOWEVER. NO RENTALS SNALL ACCRUE OR BFC011iF PAYAfiLE NERF.UAIDER BY LESSEE UNTIL THE DATE ON WHICH TNE F'IRST DELIVERY OF GASOI.INF 1S MADE RY LESSEE TO THE PREDiISES DESGRIBFD HEREINABOVE. REGARDLESS OF THE DATE POSSESSIO~T THEREOF 1tAY BE DELIVF.RED TO LESSEE; AND GESSOR DOES HEREBY WAIVE ANY AND ALL CLAIMS FOR RENTAL ACGRUING OR TO ACCRUE HEREUNDER PR10R TO SAID OF DELIVERY OF GASOLINE. All rentals shall be payable to . and may bP paid . by check delivered or mailed to No. (Street), (City), (State). or to such other person or persons as may be designated in wtiting by Le~sor (such writing to be signed by al! individuals if more than one join as Lessor). 3. lf at any time during the term hereof Lessor. or. if there be more than one, any Les.sor, shatl be indebted to I.e,s.see on any account whatsoever. Lessee shall t~:~~•e the right to appl~• an~• accrued rental upon ~ said unpaid indebtedness of Lesscir.. and Lessor agrees that the amount so appliecl shall constitute rental payment hereunder. - 4. I.essor covenan~4 and agrees with Lessee that the rents being paid in the manner and at the time preticribeci, anci the covenants and conditions and warranties herein being all and singular kept. fulfilled and performeci. Lesse~e shall lawfully and peaceably have. hoid. po~.sess, use and occupy the premises and ~~roperty hereb~~ leased during the term hereby granted, or any extension thereof. without any hindrance. ; disturbance or molestation from Lessor; and Les.gor hereby warrants and defends to Lessee against the lawful ; claims of all persons whomsoever the premises anJ propert~ hereby granted. Lessor further covenants and ! agree~ that, without Lessee's consent, Les.sor w ill not use or permit to be u~ed for the storage, sale, distribu- ~ tiun, or advertisement of petroleum products any premises owned or controlled b~ Lessor adjacent to the premises covered hereby. ~ 5. During the term of this lea.se Lessor covenants and agrees to pay ail general and special taxes and any taxes for water levied and assessed. or charged. against said premises or the property of I.essor situated thereon. or on account of the use or occupancy of any or all thereof ; and Lessor shall at its own expense obtain and have i~.gued to and in the name of Lessee~ or its nominee, any permit necessary or requireci to operate and maintain said station. ' . ~ 6: Lessor agrees, at its .own expense, to maintain in go«I condition and repair and suitable for the buai- ness purposes Qf Lessee all the premises. improvements and per.4ona1 property hereby leaQed. including drive- ways and approaches.-Lessor further agrees to replace any of the dem~sed improvements or personal property which may be destrbyed or damaged beyond repair or otherwise rendered unsuttable for the business purposes of Lessee. In the event Lessor shall fail or refuse to make such repairs or replacements, Lessee may do so and deduct the cost thereof from rentals due or to become due under this lease. In the event of destruction of or damage to the demised improvements or personal property caused by fire or action of the elements. and if Lessor fails to rebuild or repair within sixty (60) days after such destruction or damage. Lessee shall have the additional option of terminating this lease by notice ta Lessor; and if such option is exercised. Lessee shall be relieved from all ~obligations hereunder except for rent which shall have accrued prior to the date of the destruction or damage. No r.ent shall be payable for any period during which the premises shall be untenant- able or during which the Lessor shall fail to maintain the premises and improvements in good condition and ~ repair as herein provided. ~ 7. Lessee shall have the right and privilege of erecting, placing. constructing„ equiPping. maintaining and operating on the demised premises and in connection with said station any and all atructures~ improve- ments, appliances, containers and conveyors of whatsoever kind. on, under and above the graund. it may desire to use or may require in operating. transacting, carrying on and eonducting on said premises its business of storirig. distributing and marketing products of refined petroleum. Any insta~lation heretofore or hereafter . made by Lessee of its equipment, of its sigms advertising its products, or of any of its property upon said premises shali be conclusive evidence of Lessee's entry into possession of said premises under the terms of the within lease. 8. Lessee shall have the right to make proper connecticns with any and all water-, gas-, and sewer-lines and pipea on the demised premises. and may continue the use and service thereof during the term of this lease. 9. In the event Lessee shall be in default in the payment of rentals hereunder, or otherwise, and shaU remain in default for a period of thirty (30) days after notice in writing from Lessor to it of such default. Lessor shall have the privilege of terminating this lease and declaring th~ sam~ at an end. and of reposaessing itself of the premises. and Lessor shall have tne remedic~:~ now provided by law for recovery of rent and repoagession of premises in the event Lessee shall remain in default. ~ R 243 1~ 800K P~~~ ~ ~ - _ F . . . . Ly «L:i_,`t ~:x3