10.6
Agreement Amending and Extending
term of Lease dated October 1, 2003 between Bourque Printing
DBA, Upton Printing and M. Field Gomila Et. Al..
COMMERCIAL GROSS LEASE
Standard Form of Leo Fellman &
Co.
Parties:
1. M. Feild Gomila Et
Al________________________________ (hereinafter referred to,
whether one or more, as “Lessor”) hereby leases to
Bourque Printing DBA, Upton Printing
____________________________________________________________
(hereinafter referred to, whether one or more, as
“Lessee”), the following described property:
Leased Premises
: The two, one-story buildings known
as 740 and 746 Carondelet Street between Girod and Julia Streets,
New Orleans, Louisiana 70130
In Solido
Liability: 2. If the
above described property is leased to more than one party, the
obligations of all such parties hereunder, as Lessee, shall be in
solido.
Term 3. This lease is for a term of Sixty
(60) Months commencing on October 1, 2003 ,
and ending on September 30, 2008 .
Rental and Place of
Payment 4. The monthly
rental under this lease shall be $5,825.00 a month for the
period of October 1, 2003 thru September 30, 2004 and
then adjusted annually in accordance with Consumer Price Index for
October 1, 2003 being the base year ($5,825.00
)
payable in advance. Rent for the
first full calendar month of the term of this lease, plus the rent
for any fractional month preceding such first calendar month, shall
be payable on the signing of this Lease by Lessee and rent for
subsequent months shall be payable on the first day of
October 1, 2003 and on the first day of each calendar
month thereafter; except that if this is a renewal lease, rent
shall be payable on the date of the beginning of this lease on the
same day of each month thereafter. All payments of rent shall be
made to Leo Fellman & Co. at 720 Carondelet Street, New
Orleans, Louisiana 70130, but Lessor may from time to time, with
the written consent of Leo Fellman & Co, designate other
persons and places for payment of rent by notice to lessee. If
Lessee fails to pay the monthly rent provided above within seven
(7) days after it is due, Lessee shall pay to Leo Fellman
& Co. a late charge equal to 2% of such monthly rent, which
shall be retained by Leo Fellman & Co. as part of its
compensation, and shall be considered a form of rent.
Utility Charges
5. Lessee shall promptly pay all
charges for gas, electricity, water and other utilities consumed on
or furnished to the leased premises, including those used for air
conditioning and heating purposes, and shall pay for water
sprinkler service charge, if any. If lessee fails to pay any
charges contemplated in this section, lessor may, at its sole
option, pay same, which shall be considered a form of
rent.
Use of Premises
6. The leased premises shall be used
only for the following purposes: Printing. The leased
premises shall not be used for any unlawful purpose or in any
manner that may damage or depreciate the same.
Repairs
7. The leased premises and all
appurtenances contained therein, including, but not limited to,
locks, keys, glass, elevator (if any), plumbing, automatic
sprinkler system (if any), heating equipment and air conditioning
equipment (if any), are accepted by Lessee in their present
condition, including any vices or defects, latent or otherwise,
that may now exist or hereafter arise in the leased premises,
except as to such repairs or improvements as this lease requires
Lessor to make. Lessor shall maintain the roof of the leased
premises in good order and repair, but shall not be required to
make any other repairs or replacements whatsoever to the leased
premises, except those rendered necessary by fire or other perils
which would be covered by fire and extended coverage insurance.
Lessee shall, at Lessee’s expense and within a reasonable
period of time, make any and all repairs and replacements of
whatsoever nature or character that may become necessary to the
leased premises during the term of this lease other than those
hereinabove required to be made by Lessor. At the termination of
this lease, Lessee shall return the leased premises to Lessor, in
like order and condition as received, broom clean and free from
trash, ordinary decay, wear and tear excepted, and shall deliver
the keys to the leased premises to Lessor or Leo Fellman &
Co.
Responsibility for Damages,
Injuries or Losses 8.
Lessor shall not be responsible for damage to property or injury to
person or other losses or damages caused by or resulting from leaks
in the roof of the leased premises, unless Lessor fails to take
steps toward repairing such leaks, within a reasonable period of
time after being notified thereof by Lessee. Should Lessee fail to
so notify Lessor promptly, Lessee shall be responsible for damages
or losses resulting to Lessor or third parties. Nor shall Lessor be
responsible for or Losses damage to property or injury to person or
other losses or damages caused by or resulting from vices or
defects, latent or otherwise, that may now exist or hereafter arise
in the leased premises, or caused by or resulting from disrepair
damage or conditions necessitating repairs or replacements required
herein to be made by Lessee.
Delayed
9. Should Lessor be delayed in
delivering possession of the leased premises to Lessee on the
commencement date Possession of this lease, because of any delay of
existing occupants to vacate or because of the construction of
improvements or the making of repairs required by this lease to be
made by Lessor not having been completed or because of any other
reason, not due to the design of Lessor, this lease shall not be
affected thereby and Lessee shall not be entitled to any damages
for such delay, except that Lessee shall be allowed a remission of
rent for the period prior to delivery of possession, in which case
the termination date of this lease shall remain
unchanged.
Delay in Making
Repairs 10. If this lease
requires Lessor to make improvements or repairs to the leased
premises and Lessor deems it impracticable to do so prior to the
commencement date of this lease, Lessee agrees that Lessor may make
such improvements or repairs after possession is delivered to
Lessee, in a manner such as not to unreasonably interfere with the
operation of Lessee’s business, in which case there shall be
no reduction or remission of tent.
Alterations or Additions by
Lessee 11. Lessee shall
not make any alterations or additions to the leased premises
without obtaining Lessor’s prior written additions consent,
but any and all alterations, additions or other improvements made
by Lessee, with or without the consent of Lessee Lessor, regardless
of how attached (except movable trade fixtures), shall immediately
become and remain the property of Lessor, without compensation
therefore to Lessee, provided Lessor shall have the right to
require that Lessee, prior to the termination of this lease, remove
any or all such alteration, additions or improvements
and
restore the leased premises to
their condition at the time of the commencement of this
lease.
Switch Tracks
12. If any switchtracks serve the
leased premises, any and all costs for the care, repair and
maintenance thereof and franchise charges therefore shall be paid
by N/A
13. Lessee shall
comply with all requirements of State, Municipal, Federal and other
public authorities, relating to the leased premises and the use and
occupancy thereof.
14. Lessee assumes
full responsibility for the condition of the leased premises and
agrees to hold Lessor harmless from any and all liability for
injury to persons or damage to property or other losses or damages
caused by or resulting from any accident or other occurrence in, on
or about the leased premises.
Liability and Plate Glass
Insurance 15. Lessee
shall provide and maintain, for the mutual benefit of Lessee and
Lessor, liability insurance against claims and Plate (1) for
bodily injury, or death resulting therefrom, occurring on the
leased premises, in the amount of $300,000.00 as to Glass any one
occurrence, and (2) for property damage in the amount of
$50,000.00 as to any one occurrence on the leased premises. Leo
Fellrnan & Co. shall be named as an insured in the policies
evidencing such insurance and a certificate of insurance shall be
delivered to Leo Fellman & Co. promptly upon the execution of
this lease. Lessee shall also provide and maintain plate glass
insurance in an amount adequate to cover any and all plate glass
forming a part of the leased premises. All of said insurance shall
be carried with responsible insurance companies authorized to
transact business in the State of Louisiana and Lessee shall
deliver to Lessor evidence of such insurance, upon request. Said
insurance shall not be cancelled or materially altered by Lessee,
without thirty (30) days’ prior written notice to Lessor
and Leo Fellman & Co.
Acts of Lessee Affecting
Insurance 16. If the rate
of fire or other casualty insurance covering the leased premises is
increased due to acts of Lessee, Lessee shall pay to Lessor the
increased cost of such insurance. Lessee will not do or cause or
suffer to be done any act Affecting or thing whereby the policy or
policies of fire or other casualty insurance covering the leased
premises shall become void or suspended. Should Lessee’s
occupancy cause Lessor to be unable to obtain fire or other
casualty insurance covering the leased premises, Lessor shall have
the right to terminate this lease upon giving Lessee not less than
ten (10) days prior written notice. Lessee agrees to notify
Lessor at any time the leased premises will become unoccupied, so
that Lessor may obtain necessary vacancy permits from
Lessor’s insurers.
Signs by Lessee
17. Lessee shall have the right to
erect and maintain signs advertising Lessee’s business on the
interior and exterior Lessee of the leased premises, provided that
the exterior signs shall be approved in writing by Lessor as to
size, design and location and shall be erected and maintained in
accordance with the rules and regulations of the properly
constituted authorities. Lessee shall remove all signs placed on
the interior and exterior of the leased premises at the expiration
of this lease and shall repair any damage to the leased premises
caused by the erection, maintenance or removal of such
signs.
Right of Entry by Lessor For
Sale and For Rent Signs; Inspection by Prospect
18. Lessor shall have the right to
enter the leased premises at all reasonable times
for the purpose of inspecting the
same and for the purpose of making repairs required to be made by
Lessor or which Lessor may desire to make.
19. Lessor shall
have the right to place the usual “For Sale” and
“By Auction” signs on the leased premises at any and
For time during the entire term of this lease and the usual
“For Rent” signs on the leased premises during the last
six (6) Rent Signs; months of the term of this lease. Lessee
agrees to allow persons authorized by Lessor to inspect the leased
premises during the entire term of this lease with the view of
purchasing the same and during the last six (6) months of the
term of by this lease with the view of renting the same, such
inspections to be at reasonable hours. If Lessee is absent from the
leased premises, Lessor shall be notified prior thereto where the
keys may be obtained so that the leased premises may be shown to
prospective purchasers of tenants in accordance with the foregoing.
In the event of failure of Lessee to comply with any of the
provisions of this paragraph, Lessor shall have the option either
to consider this lease automatically extended for a period of one
year, upon giving notice to that effect to Lessee, or to hold
Lessee responsible for any losses suffered by such
failure.
Surrender of
Possession 20. Upon
expiration or termination of this lease, Lessee shall surrender
possession of the leased premises of immediately to Lessor and if
Lessee fails to do so, Lessee shall be liable for any and all
losses or damages suffered by Lessor, who shall have the right, but
shall not required, to claim as such losses or damages an amount
equal to five (5) times the rent per day for each day during
which Lessee fails to so surrender possession of the leased
premises. If Lessor allows Lessee to remain in the leased premises
after expiration or termination of this lease, doing so shall not
be construed as a reconduction of this lease.
Subleasing or
Assignment 21. Lessee
shall not have the right to sublease the leased premises, in whole
or in part, or to assign this lease or of grant use of the leased
premises to others, without the prior written consent of Lessor and
any such sublease shall contain all the provisions of this lease to
the extent applicable. Any such subleasing or assignment shall be
handled by Leo Fellman & Co. and Lessee shall pay to Leo
Fellman & Co. for such handling, at Lessee’s options,
either (a) a cash commission in the amount of 6% of the gross
tents payable during the entire term of such sublease or the
remaining term of such assigned lease on tents up to $100,000.00
and 4% on rents in excess of $100,000.00, which commission shall be
paid in full upon execution of such sublease or assignment, plus a
commission of like amount on any percentage rents due under such
sublease or assigned lease (such figure of $100,000.00 to apply to
the
