{"id":41923,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/highway-341-kensington-ga-lease-agreement-intermark-usa-inc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"highway-341-kensington-ga-lease-agreement-intermark-usa-inc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/highway-341-kensington-ga-lease-agreement-intermark-usa-inc.html","title":{"rendered":"Highway 341 (Kensington, GA) Lease Agreement &#8211; Intermark USA Inc. and Aladdin Manufacturing Corp."},"content":{"rendered":"<pre> \nSTATE OF GEORGIA\n\nCOUNTY OF WALKER\n\n    THIS AGREEMENT made as of the 1st day of June, 1998, by and between\nINTERMARK USA, INC., as Landlord (hereinafter referred to as 'Landlord'), and\nAladdin Manufacturing Corporation having an address of 106 JOHN BANKSON DR.\nSUMMERVILLE, as Tenant (hereinafter referred to as 'Tenant'). GEORGIA 30747\n\n\n                             W I T N E S S E T H:\n                             --------------------\n\n    WHEREAS, Landlord and Tenant heretofore entered into a Commercial Lease\nContract (the 'Lease') respecting certain premises together with the building\nthereon located in Kensington, Walker County, Georgia, and being more\nparticularly described in the Lease; and\n\n    Paragraph 1 Leased property\n    ---------------------------\n\n        1. The Landlord, for and in consideration of the rents, covenants,\n    agreements and stipulations hereinafter mentioned, provided for and\n    contained, to be paid, kept and performed by the Tenant, has leased and\n    rented, and by these presents leases and rents, unto the said Tenant, and\n    said Tenant hereby leases and takes upon the terms and conditions which\n    hereinafter appear, the following described property (hereinafter called\n    'Premises'), to wit:\n\n             (a) From the period of June l, 1999 through May 31, 2000, 136,020 \n                 ----------------------------------------------------\n        square feet located in the old Archer plant, (known as Sections A-4, A-5\n        and A-6)); and\n\n             141,464 square feet located in the old Archer plant (known as\n        Sections B-4)\n\n    and being known as Highway 341, Kensington, Georgia. No easement for light\n    or air is included in the Premises. \n\n    Paragraph 2 Rental and Period of Lease\n    --------------------------------------\n\n    Tenant agrees to pay Landlord an annual rental in the amount of $225,000,\n    which shall be paid, commencing promptly on June 1, 1999, and on the first\n    day of each month thereafter in advance during the term of this Lease, in\n    equal monthly installments of $18,500. Rent shall be on a pro rata basis for\n    square footage described in paragraph 1.\n\n    Paragraph 3 Default\n    -------------------\n\n    It is mutually agreed that in the event the Tenant shall default in the\n    payment of rent herein reserved, when due, and fails to cure said default\n    within ten (10) days after written notice hereof from the Landlord; or if\n    the Tenant shall be in default in performing any of the terms or provisions\n    of the lease other than the provision requiring the payment of rent, and\n    fails to cure such default within thirty (30) days after the written notice\n    of default from the landlord; or if the Tenant is\n \nadjudicated bankrupt or if a permanent receiver is appointed for the Tenant's\nproperty and such receiver is not removed within sixty (60) days after written\nnotice from the Landlord to Tenant to obtain such removal; or if, whether\nvoluntary or involuntary, Tenant takes advantage of any debtor relief\nproceedings under any present or future law, whereby the rent or any part\nthereof is, is proposed to be, reduced or payment thereof deferred; or if the\nTenant makes an assignment for benefit of creditors; or if the Tenant's property\nor any part thereof should be levied upon or attached under process against\nTenant and not satisfied or dissolved within thirty (30) days after written\nnotice from Landlord to Tenant to obtain satisfaction thereof; then, in any said\nevents, Landlord at his option, may at once, or within six (6) months thereafter\n(but only during continuance of such default or condition), terminate this\nlease by written notification to the Tenant; where upon this lease shall end.\nAfter an authorized assignment or subletting of the entire premises covered by\nthis lease, the occurring of any of the foregoing defaults or events shall\naffect this lease only if caused by, or happening to the assignee or sub-\ntenant. Any notice provide in this paragraph may be given by Landlord, or Agent\nherein named. Upon such termination by Landlord, Tenant will at once surrender\npossession of the premises to Landlord and remove all Tenant's property\ntherefrom; and Landlord may forewith re-enter the premises and repossess himself\nhereof, and remove all property therefrom, using such force as may be necessary\nwithout being guilty of trespass, forcible entry to detainer or other tort, or\nthe violation or any of the terms of this lease.\n\nParagraph 4 Reletting by Landlord\n---------------------------------\n\nLandlord as Tenant's agent, without termination of this lease, upon Tenant's\nbreaching any of the terms of this contract, may at the Landlord's option, enter\nupon and rent said premises at the best price obtainable by reasonable effort\nwithout advertisement or private negotiations and for any term Landlord deems\nproper. Tenant shall be liable to Landlord for the deficiency, if any, between\nTenant's rent hereunder and the price obtained by Landlord on re-letting. In\ncase this lease is terminated and\/or Tenant is dispossessed from the Premises on\naccount of Tenant's default hereunder, Landlord agrees to use good-faith,\ncommercially reasonable efforts to re-let same and to otherwise mitigate\ndamages.\n\nParagraph 5 Collection by an attorney\n-------------------------------------\n\nIf any rent owing under this lease is collected by or through an attorney at\nlaw, Tenant agrees to pay ten (10%) percent thereof as attorney's fees. Tenant\nwaives all right to homestead and exemptions which he or any member of his\nfamily or other person may have under any law as against any obligations arising\nunder this lease, and Tenant hereby assigns to Landlord his homestead and\nexemption.\n\nParagraph 6 Subletting by Tenant\n--------------------------------\n\nTenant may sublease portions of the leased premises to others provided that such\noperation is in part of the general operation of the Tenant and under the\nsupervision and control of the Tenant, and provided that such operation is\nwithin the purposes for which said premises shall be used. Except as provided in\nthe preceding sentence, Tenant shall not, without the written consent of the\nLandlord, assign the lease or any interest hereunder, or sublet premises or any\npart thereof, or permit the use of premises by any party other than the Tenant,\nany assignee of the Tenant, at option of Landlord, shall become directly liable\nto Landlord for all obligations of Tenant hereunder, but no sublease or\nassignment by Tenant shall relieve Tenant of any liability hereunder.\n\nParagraph 6 Signs\n-----------------\n \nTenant shall paint no signs on the outside walls or place any signs on the roof\nof the leased premises except with the written consent of Landlord. Any and all\nsigns placed on or within the leased premises by the Tenant shall be maintained\nin compliance with the rules and regulations governing such signs and the Tenant\nshall be responsible to Landlord for any damage caused by installation, use or\nmaintenance of said signs, and Tenant agrees, upon removal of said signs, to\nrepair damage incident to such removal.\n\nParagraph 7 Control &amp; responsibility\n------------------------------------\n\nLandlord gives Tenant exclusive control of the premises, and shall be under no\nobligation to inspect said premises. Tenant shall at once report in writing to\nlandlord any defective condition known to him which Landlord is required to\nrepair, and failure to so report such defect shall make the Tenant\nresponsibility to the Landlord for any liability incurred by Landlord by reason\nof such defect. If such defect shall result in a leak or other condition needing\nattention in the roof, Landlord upon receipt of written notice from Tenant shall\nwithin 5 working days reasonable promptness have made the necessary repairs.\nShould Landlord fail to make such repairs with reasonable promptness, Tenant is\nauthorized to have the necessary repairs made and deduct the costs from the next\nrental payment due hereunder. Landlord shall not be liable, under any\ncircumstances, for damage by water, or otherwise, by reason of the failure of\nthe building to protect persons property, nor shall Landlord be liable for\ndamages by reason of flood water the basement, or otherwise.\n\nParagraph 8 Delivery at expiration\n----------------------------------\n\nTenant will deliver said premises at the expiration of this lease in as good\norder and repair as when first received, natural wear and tear and fire and\nother casualty loss excepted. Tenant shall have the right, within the term of\nthe lease, if not in default thereunder, to remove all furniture or trade\nfixtures that have been installed by Tenant, but Tenant will repair, at or\nbefore the end of the term, all injury done by the installation or removal of\nfurniture and property.\n\nParagraph 9 Changes in premises\n-------------------------------\n\nTenant is to make no change of any substantial or permanent nature in the above\nnamed premises, including painting of outside walls without first obtaining\nwritten consent from said Landlord.\n\nParagraph 10 Improvements by Tenant\n-----------------------------------\n\nAny improvements, repairs, betterment's or additions placed on the premises by\nthe Tenant, shall not be a charge against the Landlord or the property.\n\nParagraph 11 Ordinances\n-----------------------\n\nTenant agrees to comply with all rules, orders, ordinances and regulations of\nthe City, County and State in which the property is located, in any and all of\ntheir departments.\n\nParagraph 12 Carding\n--------------------\n\nLandlord has the privilege of carding the premises for rent or for sale at any\ntime within ninety (90) days previous to the expiration of this lease, and may\nat any time exhibit said premises during reasonable hours with notification in\nwriting to Tenant.\n\nParagraph 13 Use of premises\n----------------------------\n\nPremises shall be used as general warehouse. No wines, beer, whiskeys, liquors\nor intoxicating beverages of any kind shall be kept on, sold or delivered on\nsaid premises.\n \nParagraph 14 Hold over\n----------------------\n\nThis lease, under no circumstances, shall extend beyond the timer herein\nprovided; and in the event that Tenant remains in the property after the\nexpiration date of the term herein, with or without payment of rent, this shall\nnot automatically extend the lease but he shall be as a tenant at will, and\nsubject to the terms and conditions of the original lease.\n\nParagraph 15 Light &amp; easement\n-----------------------------\n\nNothing herein contained shall be construed to confer upon Tenant easement to\nlight or air.\n\nParagraph 16 Right of use only\n------------------------------\n\nThis contract shall create the relationship of Landlord and Tenant between the\nparties hereto. No estate shall pass out of Landlord. Tenant has only a\nusufruct, not subject to levy and sale, and not assignable by Tenant except by\nLandlord's consent.\n\nParagraph 17\n------------\n\nAll rights, powers and privileges conferred hereunder upon parties hereto shall\nbe cumulative but not restrictive to those given by law.\n\nParagraph 18 Non waiver of rights\n---------------------------------\n\nNo failure of Landlord to exercise any power given landlord hereunder, or to\ninsist upon strict compliance by Tenant with his obligations hereunder, and no\ncustom or practice of the parties at variance with the terms hereof shall\nconstrue a waiver of Landlord's right to demand exact compliance with terms\nhereof.\n\nParagraph 19 \n------------\n\nTime is of the essence of this agreement.\n\nParagraph 20 Definition of parties\n----------------------------------\n\n'Landlord' as used in this lease, shall also include his heirs, representatives,\nassigns and successors in title to premises. 'Tenant' includes also\nrepresentatives, and if this lease shall be validly assigned or said premises\nsub-let, shall include also Tenant's assignees or sub-tenants as to premises\ncovered by such assignment or sub-lease. 'Agent' shall include its successors,\nassigns and representatives. 'Landlord' and 'Tenant' include male and female,\nsingular and plural, corporation, partnership or individual, as may fit\nparticular parties.\n\nParagraph 21 Notices\n--------------------\n\nThe depositing in the United States Post Office, directed to Tenant at Tenant's\naddress shown above of any notice required or permitted under this lease to be\ngiven by Landlord to Tenant, shall be conclusive of delivery thereof to Tenant.\n \n                             SPECIAL STIPULATIONS\n\nInsofar as the following stipulations conflict with any of the foregoing\nprovisions, the following shall control.\n\n    A.  Insurance. Landlord shall, at its cost and expense, cause the following\n        ---------                                                            \ninsurance coverage to be provided and kept in force without lapse at any time\nand for any reason during the term of this Lease:\n\n    (i)    Insurance covering the premises against loss or damage by fire and\n           lightning and such risks as are included in 'Special Form' or All\n           Risk coverage endorsements to policies covering property similar to\n           the premises in an amount equal to 100% of the full replacement value\n           thereof (excluding foundations and excavation costs), which names\n           Tenant as an additional insured and which includes an endorsement\n           waiving the right of subrogation. Notwithstanding anything contained\n           in this lease to the contrary, regardless of whether or not Landlord\n           causes the required insurance covering losses for such causes to be\n           provided and kept in force and regardless of whether or not Tenant,\n           its agents, employees, contractors or others under the control of\n           Tenant cause such damages, Landlord shall be responsible for\n           repairing all damages to the premises caused by fire and lightning\n           and such risks as are customarily included in 'Special Form' or All\n           Risk coverage endorsements to policies covering property similar to\n           the premises.\n\n    (ii)   Commercial General Liability coverage on an 'Occurrence Form' basis\n           with limits of at least $1,000,000 Each Occurrence, and $2,000,000\n           General Aggregate for all claims arising out of Bodily Injury,\n           Personal Injury, and Property Damage Liability, including Contractual\n           Liability.\n\n    (iii)  Business Auto Liability coverage for all vehicles owned by Landlord,\n           including Non-Owned and Hired Autos, with limits of at least\n           $1,000,000 Each Occurrence for Bodily Injury and Property Damage\n           Liability.\n\n    (iv)   Workers Compensation coverage covering all employees, contractors and\n           subcontractors of Landlord, as applicable, working in the State of\n           Georgia under the statutory provisions of the Georgia Workers\n           Compensation Act.\n\nLandlord and Tenant expressly agree that either Landlord's failure to provide\nTenant a certificate of insurance as temporary evidence of the insurance\ncoverage required by this lease within ten (10) days from the effective date of\nthis lease, or Landlord's failure to provide Tenant a final policy or policies\nof insurance evidencing the insurance coverage required by this lease within\nsixty (60) days from the effective date of this lease, shall render Landlord in\ndefault\n \nunder the lease and shall entitle Tenant to exercise any applicable remedies\nupon default provided in the lease or allowed by law. The policies required\nunder this section shall not be canceled without thirty (30) days' prior written\nnotice to Tenant.\n\n    B. Damage or Destruction. Within 30 days should said premises, or the \n       ---------------------\nbuilding of which same are a part, be damaged by fire or any act of Providence,\nthe Landlord shall cause the damaged part to be restored as soon as within 30 \ndays reasonably practicable and hold the lease in full force and effect. From\nthe date of such damage until the damage is restored, the rental shall abate to\nthe proportionate extent that the damaged part bears to the whole premises.\nShould the damage be so great as to amount substantially to total destruction,\nthen either Landlord or Tenant shall have the right to terminate the lease,\nprovided that either party shall within twenty (20) days after such damage\nnotify the other party in writing of the election to terminate this lease.\n\n    C. Environmental Compliance. To the best of Landlord's knowledge and belief,\n       ------------------------\nthere are no existing violations of any federal, state and local environmental\nlaws and regulations and any amendments thereto including, but not limited to,\nthe Comprehensive Environmental Response Compensation and Liability Act of 1980,\nthe Superfund Amendments and Reauthorization Act of 1986, and the Resource\nConservation Recovery Act of 1976. Landlord shall indemnify and hold Tenant\nharmless from and against any and all damages, penalties, fines, claims, liens,\nsuits, liabilities, costs (including cleaning-up costs), judgments and expenses\n(including, but not limited to, attorneys', consultants' and experts' fees and\nexpenses) of any kind and nature suffered by or asserted against Tenant as a\ndirect or indirect result of any preexisting condition prior to the occupancy of\nsaid premises by Tenant or as a direct or indirect result of any condition or\nviolation taking place after the termination of the lease term or Tenant's\noccupancy of the property. The foregoing indemnification shall survive the\nexpiration or termination of the lease term.\n\n    D. Increased Insurance Rates. Notwithstanding anything contained herein to\n       -------------------------\nthe contrary, Tenant shall not be liable for any increase in insurance rates on\nthe leased premises due to Tenant's initial occupancy thereof for the uses\nspecified herein. Additionally, Landlord acknowledges and agrees that the\nproposed use does not require the physical presence of employees of Tenant at\nthe leased premises during normal working hours, since Tenant's use as a\nwarehouse facility will require the physical presence of Tenant's employees only\n \nduring times of deliveries to or from the facility. Landlord represents and\nwarrants that the demised premises are designed for and adequate for the use by\nTenant as a warehouse for materials used in the production of carpet.\n\n    E. Taxes. Tenant shall not be responsible for the payment of ad valorem\n       -----\nproperty taxes assessed against the premises.\n\n    F. Consents. Each party agrees that to the extent any acquiescence, consent\n       --------                                                              \nor agreement herein is permitted or required, such acquiescence, consent or\nagreement should not be unreasonably withheld, delayed or denied.\n\n    G. Quiet Enjoyment\/Authority. Landlord covenants and warrants to Tenant that\n       -------------------------                                              \nLandlord has full right and lawful authority to enter into and perform\nLandlord's obligations under this lease, that Landlord has a leasehold interest\nin the property pursuant to the Prior Lease, free and clear of all other\ncontracts, leases, tenancy agreements, restrictions, violations, encumbrances or\ndefects in title of any nature whatsoever that would restrict the use or\nenjoyment of Tenant of the premises.\n\n    H. Brokerage Commission. Tenant shall have no responsibility for any\n        -------------------                                           \ncommission payable to any broker in connection with the execution of this lease.\n\n    I. Mutual Indemnification. Tenant hereby indemnifies Landlord for any bodily\n       ----------------------                                                 \ninjury or property damage of any third parties by reason of Tenant's negligence,\nand the negligence of its employees, agents, servants or contractors, in its use\nor occupancy of the leased premises. Landlord hereby indemnifies Tenant for any\nbodily injury or property damage of any third parties by reason of Landlord's\nnegligence and the negligence of its employees, agents, servants or contractors,\nin its maintenance, use or occupancy of the leased premises.\n\n    J. Sprinkler system. As a precondition to the effectiveness of this lease\n       ----------------                                                    \nLandlord agrees to keep the sprinkler system in working order as required by\nTenant's insurance carrier, and to not turn off the water supply to the\nsprinkler system other than for routine maintenance.\n\n \n    IN WITNESS WHEREOF, the parties hereto have executed this lease as of the\nday and year first above written.\n\n                                  LANDLORD:\n                                  INTERMARK USA, INC.\n\nSigned, sealed and delivered\nIn the presence of\n\n                                  BY: \/s\/ Drennon Crutchfield \n-----------------------------         ------------------------------\nWITNESS                           \n\n\/s\/ Mary Smith                    ATTEST:\n-----------------------------             --------------------------\nNOTARY PUBLIC                 \n\n\n                                  TENANT:\n\nSIGNED, SEALED AND DELIVERED      ALADDIN MANUFACTURING CORPORATION\nIN THE PRESENCE OF:\n\n                                  BY: \/s\/ Sal Perillo\n-----------------------------         ------------------------------\nWITNESS\n\n\n\/s\/ Mary Pritchard                ATTEST:\n-----------------------------             --------------------------\nNOTARY PUBLIC\n \n                           RIDER TO INTERMARK U.S.A.\n\n\n\nA.  Aladdin Manufacturing Corporation.\n\nB.  In case this lease is terminated and\/or Tenant is dispossessed from the \n    Premises on account of Tenant's default hereunder, Landlord agrees to use \n    good-faith, commercially reasonable efforts to re-let same and to otherwise \n    mitigate damages.\n\nC.  Within 5 working days.\n\nD.  Within 30 days.\n\nE.  Aladdin Manufacturing Corporation.\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8244],"corporate_contracts_industries":[9462],"corporate_contracts_types":[9588,9579],"class_list":["post-41923","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-mohawk-industries-inc","corporate_contracts_industries-manufacturing__textiles","corporate_contracts_types-land__ga","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41923","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41923"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41923"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41923"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}